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HomeMy WebLinkAboutSDP 14-06; Hoehn Motors Audi Dealership; Site Development Plan (SDP)Of CARLSBAD APPLICATIONS APPLIED FOR: {CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) Q Coastal Development Permit (*) D Minor D Conditional Use Permit (*) DMinor DExtension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit DMinor D Hillside Development Permit (*) DMinor D Nonconforming Construction Permit D Planned Development Permit DMinor OResidential D Non-Residential D Planning Commission Determination 0 Site Development Plan DMinor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor C.L:R\L\ I o ~DfJt4ofo DGeneral Plan Amendment DLocal Coastal Program Amendment (*) DMaster Plan Ospecific Plan Ozone Change(*) Qmendment DAmendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits ~iewPermit ~dministrative Qinor OMajor Village Review Area Permits ~iewPermit ~dministrative DMinor (*) = eligible for 25% discount IOMajor NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 211-060-09 PROJECT NAME: Hoehn Motors Audi Car Dealership BRIEF DESCRIPTION OF PROJECT: New car dealership totaling approximately 53,123 sf to include site parking, 1-story showroom with office/sales/admin areas, mezzanine with office areas, car service and parts area as well as a parking level over the new buddmg (concealed from street level v1ew). BRIEF LEGAL DESCRIPTION: LOT 3 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEG< STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COIINTY, ~IOVE~4BER 30, 1972 LOCATION OF PROJECT: 5425 Paseo del Norte ON THE: BElWEEN P-1 West (NORTH, SOUTH, EAST, WEST) Cannon Road (NAME OF STREET) STREET ADDRESS SIDE OF Paseo del Norte (NAME OF STREET) AND Palomar Airport Road (NAME OF STREET) ~ \)E'l'~l\D~ Page 1 of6 Revised 12/13 OWNER NAME APPLICANT NAME (Print): (Print): Ted Hoehn Ted Hoehn MAILING ADDRESS: 5475 Car Countty Drive MAILING ADDRESS: 5475 Car Country Drive CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: (760) 431-3100 TELEPHONE: (760) 431-3100 EMAIL ADDRESS: tedhoehn@hoehnmotors.com EMAIL ADDRESS: tedhoehn@hoehnmotors.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 T E AND CORRECT TO THE BEST OF MY AND THAT LL T ABOVE INFORMATION IS TRUE AND C. RRECT TO KNOWLEDGE THE BEST. OF NOWLEDGE. 5 OAT DATE APPLICANT'S REPRESENTATIVE (Print): Andrew Dzulynsky I Ware Malcomb --~----~--~-------------------------------------------MAILING ADDRESS: 6363 Greenwich Drive, Suite 175 CITY, STATE, ZIP: San Diego, CA 92122 TELEPHONE: (858) 638-7277 EMAIL ADDRESS: adzulynsky@waremalcomb.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CO C TO :T. BE T OF MY KNOWLEDGE. 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. 1/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 OPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY S CCE RS IN INTEREST. FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of6 Revised 12/13 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compli~tl~ subject approved permit. . / J, Signature ~ Date: ~ 1 ~~ _}_'1 ' r I 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 a~long: s outdoor displays are permitted within the Village Review Area and the permittee remains in com~;_ wit e subject approved permit. / Signature r"'vt 1 Date: 6 f-1 !t_1 I I P-1 Page 3 of6 Revised 12/13 Fa Fa! :er1ng 001 141~-cr ,/2014 l'lon, May L J4 03:48 PH Receipt Ref Nbr: Rl413901-1 PERMITS -PERMITS Tran Ref Nbr: 141390101 0025 0027 Trans/Rcpt#: R0101551 SET #: CDP14010 Amount: Item Subtota 1 : Item Tota 1: PERMITS -PERMITS 1 @ $6' 264 ''~(\ $5,264 $6,264. Tran Ref Nbr: 141390101 0025 0028 Trans/Rcpt#: R0101552 #: SDP1400f :otal: 2 ITEM(S) TOTAL: 1@ $11,499.50 $11,499.50 $11 ..499. ~·0 $17 J 763.80 Check (Chk# 17451 $17,739.30 Credit Card (.Auth# 66533P) $24 Total Received: $17,763.80 'i.:e day! ***********·. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: HOEHN TED Description Amount CDP14010 6,264.30 5425 PASEO DEL NORTE CBAD Receipt Number: R0101551 Transaction ID: R0101551 Transaction Date: 05/19/2014 Pay Type Method Description Amount Payment Check 6,264.30 Transaction Amount: 6,264.30 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: HOEHN TED Description Amount SDP14006 11,499.50 5425 PASEO DEL NORTE CBAD Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0101552 Transaction ID: R0101552 Transaction Date: 05/19/2014 Pay Type Method Description Amount Payment Check 11,499.50 Transaction Amount: 11,499.50 CITY Of DISCLOSURE STATEMENT P-1{A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ted Hoehn Corp/Part. ___________ _ Title General Manager Title _____________ _ Address 5475 Car Country Dr., Address. ___________ _ Carlsbad, CA 92008 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ted Hoehn Title General Manager Address 5475 Car Country Dr., Carlsbad, CA 92008 Corp/Part. ___________ _ Title _____________ _ Address -------------- Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. __________ _ Title ___________ _ Title ______________ _ Address _________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes .~ No If yes, please indicate person(s): ______ . ____ _ NOTE: Attach additional sheets if necessary. bove information is true and correct to the best of m Signature of owner/date knowledge. ~ Y'-1J1 / Print or type name of owner Print or type name of applicant licant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Page 2 of2 Revised 07/10 CITY Of CARLSBAD PROJECT DESCRIPTION P-1{8} PROJECT NAME: Hoehn Motors Audi Car Dealership Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: Ted Hoehn ·o~/t4rl•~t ~~~~~------------------------------·~.~~~~--- Please describe fully the proposed project by application type. Include any detaiils 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: New car dealership totaling approximately 53,123 sf to include site parkin~J, 2-story showroom with office/sales/admin areas, mezzanine with office arHas, car service and parts area as well as a parking level over the new building (concealed from street level view). P-1(B) Page 1 of 1 Revised 07/10 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 have1 consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): IX] 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 PROPERTY OWNER Name: __ T_ed,;__H_;_o-'-eh_n __________ _ Name: Ted Hoehn Address: 5475 Car Country Drive Address: 5475 Car Country Drive Carlsbad, CA 92008 Carlsbad, CA 92008 Phone Number: (760) 431-3100 Phone Number: (760) 431-3100 Address of Site: 5475 Car Country Drive, Carlsbad, CA 92008 Local Agency (City and County): Carlsbad, San Diego County, CA Assessor's book, page, and parcel number:_2_1_1-'-0-'6-'-0-'-0....;;.9 _________________ _ Specify list(s): _____________________________ _ Regulatory Identification Number: _______________________ _ Date of List: _________________________ , _____ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C} Page 1 of 2 Revised 02/13 HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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 tlhe 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.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS") 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 CARLSBAD EIA INFORMATION FORM P-1(0} INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 1 !9 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form-Initial Study. P-1(0) Page 1 of4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) General Information 1. Name of project: Hoehn Audi Car Dealership 2. Name of developer or project sponsor: _M_r._B_iii_H_o_e_h_n _____________ _ Address: 5475 Car Country Drive City, State, Zip Code: Carlsbad, CA 92018 Phone Number: (760) 438-4454 3. Name of person to be contacted concerning this project: Kathryn Conniff-The Horine Group Address: 2190 Carmel Valley Road, Suite F City, State, Zip Code: Del Mar, CA 92014 Phone Number: (858) 755-7890 4. Address of Project: 5425/5445 Paseo Del Norte Assessor's Parcel Number: _...c..2.:...c1c....:1_--=-0-=-6-=-0-'-0'-'9:....._ ________________ _ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Caltrans -Drainage acceptance 6. Existing General Plan Land Use Designation: Regional Commercial C-2, General & Neighborhood Commercial and Commercial Visitor 7. Existing zoning district: =S=e!...!rv.!!.in'""'q'-'O=v,_,e'"'"'rl=ay:l-!!=Z=on'"'"'e,___ ________________ _ 8. Existing land use(s): ------------------------- 9. Proposed use of site (Project for which this form is filed): Commercial -Car Dealership Project Description 10. Site size: 147,423 square feet= 3.384 Acres 11. Proposed Building square footage: __ 5_3-''-'1_2_3_S_.F_. ______________ _ 12: Number of floors of construction: 1 Story with a Mezzanine 13. Amount of off-street parking provided: _2_5_7_s..:....p_a_c_e_s _____________ _ 14. Associated projects: __ N_o'--n_e:....._ _____________________ _ P-1(0) Page 2 of4 Revised 07/10 15. 16. If residential, include the number of units and schedule of unit sizes: N/A If commercial, indicate the type, whether n~ighborhood, ~ity or regionally.ori.ented, square footage of sales area, and loading facilities: The Hoehn Aud1 car dealership IS located m zone C-2 (General Commercial) Car Country (SP-19 1). The sales area square footage is 21,961 S.F. and the loading facilities area square footage is 173 S.F. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: __ N_/A ___ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _________ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: -'-'N:.:..:/A'-'------------------- P-1(0) Page 3 of4 Revised 07/10 Are the following items applicable to the project or its. effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 lXI alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or Odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10.percent or more. D D D 0 0 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, lXI 0 flammables or explosives. Oil will be stored on site, the size of tank not yet determined. 29. Substantial change fn demand for municipal services (police, fire, water, sewage, 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: D 0 . lXI lXI 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the .structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set~back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. ·· Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to t.he best of my. :}::?/?_ Date: 5-16-2014 SignabJ~ For: Daniel Rubio, P.E, P.L.S. P-1(0} Page 4 of4 Revis.ed 07/10 Existing Site Features and Conditions The project site is approximately 3.384 acres of contiguous property and is surrounded by developed properties to the north and east, a freeway to the west, and an undeveloped landscaped area to the south. Topographically the site is located against the 5 freeway to the west and level with the sites to the north and south. The elevation ranges from 68 feet above mean sea level (msl) to 63 feet above msl. Offsite storm water does not enter the site, the adjacent sites drain to the street. To the north and east, the adjacent properties are car dealerships. The top 1.5' to 5' of soil were determined to be fill classifying as a brown, fine to medium grained silty sand. Below the fill was an undisturbed terrace deposite classified as a brown, fine to medium grained silty sand. Below that, at a depth of 8' to 1 0' Bedrock was encountered. Ground water was not encountered at the depth of the borings, 20 feet. The subject site is not situated in an area of historic occurrence of liquefaction to indicate a potential for permanent ground displacement. Existing drainage sheet flows over the site and is split in two dirE~ctions, toward the site frontage where runoff is directed into the landscaped strips along the sidewalk and out to the curb and gutter along Paseo del Norte, and to the rear of the property where it is directed into a concrete gutter that is located on Caltrans property and ultimately into a storm drain. The existing conditions of the site are 10.26% (0.347 Ac) pervious surface and 89.74% (3.037 Ac) impervious surface. The site falls under General Commercial development Car Country Specific Plan. On Paseo Del Norte Looking NorthWest On Paseo Del Norte Looking NorthWest On Paseo Del Norte Looking West 1-5 Freeway Looking NorthEast 1-5 Freeway Looking NorthEast 1-5 Freeway Looking East ~ «--~ ~ CITY OF CARLSBAD ESTIMATE OF BUILDING PERMIT FEES B-40 Development Services Building Division 1635 Faraday Avenue 760-602-2719 760-602-8558 FAX www.carlsbadca.gov Contact SHANNON WERNEKE FOR ANDREW DZUL YNSKY Date 3/5/2014 Email shannon.werneke@carlsbadca.gov Phone(s) 858 638-7277 (Andrew) Project Address 5425 Paseo Del Norte APN {Required} 21rlJ-060 -09 -0 Construction Type: 1-A 1-B 2-A .I! 2-B 3-A 3-B 5-A 5-B Describe COMMERCIAL use-present & future: (As in: 10,000sf. shell, or, if improving: 5,000sf office to office/ 3,500sf warehouse to office): Demolish existing car dealership( square footage not provided). Construct new 57,650 sf dealership (22,135 sf sales office, 10,900 sf parts sales & 24,615 sf service area). Roof top parking-approx 44,931 sf, The site is currently serviced by an existing 1.5 inch water meter $ one 4 inch sewer lateral that will need to be upgraded to a 6 inch sewer lateral. Describe RESIDENTIAL use of Building: (As in: 2300sf living/BOOsf garage/200sf deck): Sprinklered? [:;/ Yes !No Air Conditioned? :;;_ !Yes B-40 Click the button to the left to return this document to the Building division. This action requires ACROBAT PROFESSIONAL Or, scan and email to buildlng@carlsbadca.gov or fax to the number listed above. • Fees may increase without prior notice. • Costs for other preliminary processes i.e., grading, coastal or landscaping permits, etc. are not included in this estimate. • Fees stated herein are best faith estimates only and are not meant as final or binding. • Estimates will be returned within 5-7 working days. Page 1 of3 Hev. 09/12 iNo FEES DEFINED Housing Fee: The City's lnclusionary Housing Ordinance requires all new development to share in the cost of providing housing within the for lower income households. A fee has been established and published in the Fee Schedule to be paid at building permit issuance to meet that goal. Bridge & Thoroughfare Fee: The purpose of this fee is to provide fees as a condition of approval of a final map, parcel map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Subdivision Map Act. Building Permit: Building permit fees for building construction projects are collected to cover the costs of permit applications, the issuance of the permits, and required onsite inspections. Community Facilities District (CFD) Fee: A Community Facilities District may be used to fund, through debt financing or available cash balances, a wide variety of public facilities. The philosophy in Carlsbad is that this CFD should be used to finance facilities that are city-wide in both obligation and benefit. The CFD is not intended to relieve any developer of the private obligation to provide funding for infrastructure improvements related to development. The facilities financed by the CFD would have eventually been funded under the existing fee programs, however, the timing of these improvements generally would have been later than can be accomplished with the CFD. Because CFD taxes fund a portion of the City's current fee programs, a property within the CFD will pay reduced development fees. Drainage Fee: Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Subdivision Map Act. Payment of the fees for planned local drainage facilities shall conform with the requirements of Chapter 15.08 of the Municipal code and shall be paid prior to filing of the final or parcel map or issuance of building permits, whichever occurs first. Electrical Fee: Per the Carlsbad Municipal Code, the number of affected electrical items increases the fees charged within the building permit. These fees cover the inspection time required to verify compliance with current California building and local municipal codes. Green Building Fee: A fee to support development, adoption, publication, updating, and education efforts associated with green building standards as directed by the State of California Building Standards Commission. Habitat Management Plan (HMP) Fee: The HMP was adopted with the purpose of preserving sensitive habitat located throughout the City. Development of vacant underdeveloped property may incur a fee to offset the cost of acquisition and preservation of the habitat. The requirement to pay the fee and the amount of the fee is determined by the existing condition of the property (developed or undeveloped) and the type of vegetation found on the property. Local Facilities Management Zone Fee (LFMZ): A local facilities management fee is established to pay for improvements or management plan which are related to new development within the zone and are not otherwise financed by any other fee, charge or tax on development, or are not installed by a developer as a condition of a building permit or development permit facilities identified in a local facilities Mechanical Fee: Per the Carlsbad Municipal Code, the number of affected mechanical items increases the fees charged within the building permit. These fees cover the additional inspection time required to verify compliance with current building and municipal codes. Meter Fee (lrr.) Size: Cost of meter for irrigation. Park in Lieu Fee: As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. Plan Check Fee: The process by which the application, plans and specifications filed by an applicant for a permit are reviewed by the Building Official or his authorized representative to demonstrate conformance with current State and Municipal building codes. Plumbing Fee: Per the Carlsbad Municipal Code, the numbE~r of affected plumbing items increases the f•ees charged within the building permit. These fees cover the additional inspection time required to verify compliance with current building and municipal codes. Public Facilities Fee: The continued development of the city, with the consequent increase in population and in the use of public facilities, has imposed increased requirements for such facilities, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings (such as fire stations, police facilities, maintenance facilities, libraries and general offices). The necessity for such faciilities results from new construction. Residential Fire Sprinklers: With the ~~doption of the California :2010 Residential Building Code, fire sprinklers became mandatory in all new single family or duplex homes. This fee covers the plan review and site inspection of the installed fire sprinklers. Sewer Benefit Fee: Concurrently with the issuance of a valid building permit for a new structure or with the issuance of a move-on permit for a mobile home, upon application and payment of the required feElS, a sewer permit may be issued by thc3 utilities director authorizing connection of the structure for which the building permit has been issued or the mobile home for which the move-on permit has been issued to the sewer system. A sewer permit shall be required for any structure which is altered, remodeled or expanded where such alteration, remodeling or expansion results in an increase in the equivalent dwelling units of sewage generated from such structun3. At the time of issuance of a valid building permit or plumbing permit for such alteration, remodeling or expansion, upon application and payment of the required fee, a sewer permit may be issued by the utilities director, authorizing the connection of the structure for which the building permit has been issued to the sewer system. If the struc::ture being altered, remodeled or expanded is already connected to the> city sewer system, and a new connection is not required, the sewer permit shall authorize the use of the sewer sys!l~m by the altered, remodeiHd or expanded structure. Sewer Connection Fee: Permits for the connection of an existing structure to the sewer system may be issued by the utilities direct<Dr at any time upon proper application. Every sewer permit issued pursuant to this subsection shall expire by limitation and become null and vcJid if work on the connection authorized by such permit is not completed within one hundred twenty days from the date of issuance of such permit. Storm Water Permit Fee: This fee funds the review and enforcement of measures to prevent the introduction of materials and soil into the st<Orm water system during the construction process. Strong Motion Fee: Assists in the funding of seismic research and instrumentation as directed by the State of California, Resources Agency, Department of Conservation, Division of Mines and Geology. Traffic Impact Fee: This imposes a fee to pay for various traffic circulation improvements within the city. The amount of the fee is based on a traffic engineering analysis and has been calculated to be equal to or less than the cost of the circulation improvements. Village Parking Fee: On a case-by-casH basis, development within the Village Review Area may satisfy all or a portion of the associated parking space demand through the payment of an in-lieu fee. Water Meter Size (Potable): Includes meter, connection and San Diego County Water Authority fees. PLANNING Housing Habitat Mgmt. Plan (HMP) Village Parking BUILDING Building Permit Plan Check (w/Green) Strong Motion Green Building $ $ $ $ $ $ $ D D RMA 15,837.00 11,342.00 1,347.00 150.00 Community Facilities Dist. (CFD) $ N/f= Public Facilities (PFF) $ 224,460.63 Residential Fire Sprinklers $ call Fire Dti Plumbing $ Neet= Electrical $ Speciti0 Mechanical $ Datg Stormwater Permit $ 276.00 School District Call Scool Dist Office 760 331-5000 ENGINEERING Bridge & Thoroughfare Local Facilities Mgmt. (LFMZ) Park in Lieu Drainage Water Meter Size (Potable) Includes meter, connection, SDCWA fees Meter (Irrigation) Size Sewer Connection Sewer Benefit Traffic Impact B-40 LO $ 0.00 $ 0.00 $ 0.00 $ 37,580.00 $ Ex.1.sg $ $ 26,969.00 $ $ 265,190.00 Page 3 of 3 210 oso os o Remarks: VALUATION: $6,413,161 Remarks: Assumed construction type= VB. Property not in CFD -no CFD fee due (LFMZ ~~) . No Public Facilities Fees were paid for on the permits for the existing buildings to be demolished, therefore no credit will be given for the PFF fe~e. Remarks: Need existing square footage to apply to traffic and sewer impact fees. Rev. 09/12 WARE MALCOMB Leading Design for Commercial Real Estate SITE PHOTOS Date: To: May 16,2014 Whom it May Concern Project Name: Hoehn Motors-Audi Car Dealership Project No.: SDG14-0002-00 Paseo del Norte (south property end)-view looking south to park area (Hoehn Audi property on right). architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB Leading Design for Commercial Real Estate Paseo del Norte {south property end)-view looking north onto property {Hoehn Audi property on left). Paseo del Norte (south property end)-view looking northwest onto Hoehn Audi property. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB Leading Design for Commercial Real Estate Paseo del Norte (south property end) -view looking north onto Hoehn Audi property, existing southerly entry drive. Paseo del Norte (south property end) -view looking south onto Hoehn Audi property, existing southerly entry drive. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCO MB Leading Design for Commercial Real Estate Paseo del Norte (mid property)-view looking north onto Hoehn Audi property, existing central entry drive. Paseo del Norte (mid property)-view looking south onto Hoehn Audi property, existing central entry drive. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB leading Design for Commercial Real Estate Paseo del Norte (mid property)-view looking north onto Hoehn Audi property. Paseo del Norte (mid property)-view looking north onto Hoehn Audi property, existing northerly entry drive. architecture I planning I interiors graphics J civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB Leading Design for Commercial Real Estate Paseo del Norte (mid property)-view looking south onto Hoehn Audi property, existing northerly entry drive. Paseo del Norte (north property end)-view looking north onto adjacent property. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB Leading Design for Commercial Real Estate Paseo del Norte (north property end)-view looking south onto Hoehn Audi property. Paseo del Norte (north property end)-view looking west onto Hoehn Audi property from median. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB Leading Design for Commercial Real Estate Paseo del Norte (north property end)-view looking south onto Hoehn Audi property from median. 1-5 Freeway (south property end)-view looking north onto Hoehn Audi property & Caltrans ROW. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB Leading Design for Commercial Real Estate 1-5 Freeway (north property end)-view looking south onto Hoehn Audi property & Caltrans ROW. Hoehn Audi property (northwest property end)-view looki ng east onto Hoehn Audi property. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB leading Design for Commercial Real Estate Hoehn Audi property (northwest property end)-view looking southeast onto Hoehn Audi property. Hoehn Audi property (southwest property end)-view looking north onto Hoehn Audi property. architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 WARE MALCOMB leading Design for Commercial Real Estate Hoehn Audi property (southwest property end)-view looking south onto Hoehn Audi property (existing buildings). architecture I planning I interiors graphics I civil engineering 6363 greenwich drive. suite 175 san diego. ca. 92122 international reach waremalcomb.com p 858.638.7277 f 858.638.7506 -@Chicago Title Company 2365 Northside Drive, Suite 500, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: Issuing Policies of Chicago Title Insurance Company ORDER NO.: 12202783-996-U50 Horine Group 2190 Carmel Valley Rd., Ste F Del Mar, CA 92014 ATTN: Kathryn Conniff Email: kathryn@ horinegroup.com Ref: Escrow/Customer Phone: (619) 521-3500 Title Officer: CyrN otel (SDIBS) Title Officer Phone: (619) 521-35551 Title Officer Fax: (619) 521-3608 Title Officer Email: Cyr-Votel@ctt.com PROPERTY: 5445 AND 5425 PASEO DEL NORTE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. ::u~ Authorized Signature CLT A Preliminary Report Form-Modified (11/17 /06) Page 1 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT A LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 12202783-996-USO THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 3 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972. APN: 211-060-09 CLTA Preliminary Report Form-Modified (ll/17 /06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: SCHEDULE B -EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 12202783-996-USO Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: November 14, 1974 as Instrument No. 74-302069, of Official Records 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The Pacific Telephone and Telegraph Company public utilities, ingress, egress March 22, 1973 as Instrument No. 73-074588, of Official Records The route thereof affects a portion of said land and is more fully described m said document. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress September 5, 1973 as Instrument No. 73-250837, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 8, 1974 as Instrument No. 74-181894, of Official Records The exact location and extent of said easement is not disclosed of record 11. A document entitled "Hold Harmless Agreement Drainage", dated, February 13, 1987, executed by Jim B. Finnery Jr., Susan Finney and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded, February 26, 1987 as Instrument No. 87-102278, of Official Records. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District water line easement February 17, 2006 as Instrument No. 2006-0118580, of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLT A Preliminary Report Form-Modified ( 11117 /06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: NOTES Chicago Title Company ORDER NO.: 12202783-996-USO Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding may be subject to a holding period, which must expire before any funds may be disbursed. In order to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks, certified checks, and teller's checks is one business day after the day deposited. Other checks may require hold periods from two to five business days after the day deposited, and may delay your closing. The Company may receive benefits from such banks based upon the balances in such accounts. Such benefits will be retained by the Company as part of its compensation for handling such funds. Note No.2: The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less that the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note No.3: California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained, and as amended. Note No.4: Your application for title insurance was placed by reference to a street address or assessor's parcel number. Based upon our records, we believe that the description in this report covers the parcel that you requested. To prevent errors, we require written confirmation that the legal description contained herein covers the parcel that you requested. Note No.5: The plat, (map), which is attached to this report, is to assist you in locating land with reference to streets and other parcels. While this plat is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon. Note No.6: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No.7: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, 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. Note No. 8: Acceptance of the offer to insure provided for in this preliminary report constitutes the proposed insured's agreement that the sole and only liability of the company (and the title insurer) related to their actions in recording the documents provided to it for the closing of the contemplated transaction and the disbursing of funds acting in the function of a subescrow shall be that contained in the policy of title insurance that is to be issued by the company. The proposed insured understands and agrees that neither the underwritten company nor the title insurance company can guarantee or represent the condition or status of title or any physical condition existant with respect to real property. It is understood that no writing or instruction inconsistent with this understanding will have any force or effect or impose any liability against the underwritten company or the title insure in the contemplated transaction. CLTA Preliminary Report Form-Modified (11117/06) Page 7 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint markelting agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect firom consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your iden!llv. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Changes to this Privacy Statement Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Privacy Policy Effective Date: 5/1/2008 Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19,1995 and .November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is the subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provided the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 ATTACHMENT ONE (Revised 06-03-11) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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 HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk S.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (06/03/11) (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. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; 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 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 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is Attachment One (06/03/11) 09 B-§11~1~1~1~1~~~~ ~ ' ~ ~ ~ Vl ""w ' C) ~ z '· <( ts5 >ll~lttl~l;!l'i.'l~ ~ll~l~l~l~li~i~ OJI!' 0 ~~ '1"1"'1 ~'<I .I" ~118 @ ( I \ \ _/.-lt:;_.-w'<.· -· --_ _ j: \l PM5426 'k ~ ro"l. ______.,-1'1'.!~.:11 ...... 0.~1> --Jz<f:.r Al"•·~·.:·~--,,.,, _,_, . -~ -· ' \e. ~..._ __ .....--o> .... -4~~~ -_ ... 51. .. ., \tt t1' 5 -----='\ z 1''~200' ]. 760-166-47 I ~/ ~ /~/ ~/ s"'o"" /~ ./ /~,~~ / ') .,.~'{ '='"'""''<- @ SHT 1 © .-/~-~~/~~~ I)_') ,,-':> ® SAN DIE:GO COUNTY ASSESSOR'S MAP BOOK 211 PAGE 06 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THEDATASHOWN ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 1492 -CARLSBAD TCT NO. 72-3