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HomeMy WebLinkAboutSDP 2017-0001; HOEHN PORSCHE; Site Development Plan (SDP)-_ City of LAND USE REVIEW Development Services Planning Division Faraday AvenueAPPLICATION1635Carlsbad(760)602-4610P-1 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Pevelooment Permits (FOR DEPT. USE ONLY)Leaisistive Permits (FOR DEPT. USE ONLY) CO?0 Coastal Development Permit 0 Minor 2.00. az 5 0 General Plan Amendment 0 Conditional Use Permit 0 Local Coastal Program Amendment0MinorElExtension O Day Care (Large)0 Master Plan El Amendment O Environmental Impact Assessment 0 Specific Plan 0 Amendment O Habitat Management Permit 0 Minor 0 Zone Change O Hillside Development Permit 0 Minor 0 Zone Code Amendment El Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits O Planned Development Permit 0 Minor 0 Review Permit 0 Residential 0 Non-Residential 0 Administrative 0 Minor 0 Major O Planning Commission Determination O Reasonable Accommodation Made Review Area Permits IVY0Site Development Plan Minor a _owl 0 Review Permit 0 Special Use Permit 0 Administrative 0 Minor 0 Major O Tentative Parcel Map (Minor Subdivision) O Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:214-450-16 PROJECT NAME:Hoehn Motors -Porsche Carlsbad BRIEF DESCRIPTION OF PROJECT:Demolition of an existing auto dealership & construction of a new auto dealership in a 3-story structure, with roof top parking & site improvements (2-story auto dealership +1 -story parking and rooftop parking allAveACT VALUE (SITE IMPROVEMENTS)$ 6,000,000.00 ESTIMATED COMPLETION DATE December 2018 LOCATION OF PROJECT:6800 Avenida Encinas, Carlsbad CA 92011 STREET ADDRESS ON THE:East SIDE OF Avenida Encinas (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Poinsettia Lane AND Palomar Airport Rd. (NAME OF STREET)(NAME OF STREET) P-1 Page 1 of 6 Revised 09/16 W02/° *kid OWNER NAME (Print):Hoehn Group LLC APPLICANT NAME (Print):Hoehn Group LLC MAILING ADDRESS:P.O. Box 789 MAILING ADDRESS: P.O. Box 789 CITY, STATE, ZIP:Carlsbad, CA 92018-0789 CITY, STATE, ZIP:Carlsbad, CA 92018-0789 TELEPHONE:(760) 438-4454 TELEPHONE:(760) 438-4454 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 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 HIS PLICATION. Attler /""20 "11- SIGNATURE DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print):Sean Hohman /Gensler and Kathryn Conniff/Horine Group MAILING ADDRESS:225 Broadway, Suite 1600 / Gensler and 2190 Carmel Valley Rd. Suite F / Horine Group CITY, STATE, ZIP:San Diego, California 92101 / Gensler and Del Mar, CA 92014 TELEPHONE:(619) 557-2580 (direct) / Gensler and (858) 755-7890, ext. 2 / Horine Group EMAIL ADDRESS:Sean_Hohman©gensler.com and Kathryn@horinegroup.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INF MATION IS TRUE AND CORRECT TO THE BEST OF MY KNO C:Ceb 1 Ir94SIGTDAE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BI • A Ar UCCESSORS IN INTEREST. PR •PERTY OWNER SIGNATURE FOR CITY USE ONLY JAN 2 0 2017 .)C....kLSBAD PL..—N'NG DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 09/16 •bN,,, ‘141001 s**00 • 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 N/A Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? Yes ®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 o owner/date Signature of applicant/date T.W. Hoehn, III T.W. Hoehn, Ill Print or type name of owner Print or type name of applicant j —--I -7oirSnature of owner/ap•«-s agent if applicable/date Kathryn Conniff Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 HAZARDOUS WASTE Development ServicesCCity of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue P-1((760)602-4610C)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): 11 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. Ej The development project and any alternatives proposed in this application mg contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:Hoehn Group LLC Name:Hoehn Group LLC Address:P.O. Box 789 Address:P.O. Box 789 Carlsbad, CA 92018-0789 Carlsbad, CA 92018-0789 Phone Number:(760) 438-4454 Phone Number:(760) 438-4454 Address of Site:6800 Avenida Encinas, Carlsbad CA 92011 Carlsbad, San Diego County, CALocal Agency (City and County): Assessor's book, page, and parcel number:214-450-16 Specify list(s): Regulatory Identification Number: Date of List: Applicant ignature/Date /91/1e//-02d—/7 Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C)Page 1 of 2 Revised 02/13 44..0 vari Ar•City of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Hoehn Motors Porsche Carlsbad APPLICANT NAME:Sean Hohman / Gensler & Kathryn Conniff / Horine Group Please describe fully the proposed project by application type.Include any details necessary to adequately explain the scope and/or operation of the proposed project.You may also include any background information and supporting statements regarding the reasons for,or appropriateness of, the application.Use an addendum sheet if necessary. Description/Explanation: The project is located in the General Commercial (C-2), underlying zone, the CommercialNisitor- Servicing Overlay Zones (C-2-Q) overlay zone, and in Specific Plan 186(E), within Area C: Auto Retail on Lot 16, located at 6800 Avenida Encinas, Carlsbad CA 92011. The project consists of the demolition of an existing auto dealership, containing 18 service stalls and totaling 18,800 SF, on a 1.51 acre site, with a height limit that exceeds the current CMC requirements.(The existing building height at the Porsche dealership is 50'-6" to the top of the mechanical well.) The project proposes to construct a new auto dealership within a 3-story structure, containing 18 service stalls and totaling 71,614 SF, with rooftop parking and site improvements on a 1.51 acre site.(i.e 2-story auto dealership with 1 -story parking above and rooftop parking.)The proposed building height is 34'-0" to the rooftop deck, where 36-0" is the maximum. The 2-story auto dealership contains a showroom with offices/sales/admin and parts areas on the first and second floor and 18 service stalls on the first floor.The sales area is comprised of 14,884 SF, the parts area is 4,596 SF, and the 18 service stalls are 12,569 SF, providing a total of 32,049 SF of sales, parts & service areas on the first & second floors. The third floor provides for the storage of vehicles.The majority of the third floor in naturally ventilated and a portion, totaling 11,039 SF, will be mechanically ventilated for the storage of vehicles. The rooftop parking provides for the storage of vehicles and contains a parapet wall at 37'-5" to concealed parked cars from the street, highway & adjacent lots.In addition, a screen wall is proposed at 39'-0" to conceal mechanical equipment.The top of the elevator hoist way is at 48'-0", which is considered an allowed protrusion above the height limit, per CMC Section 21.46.020. The rooftop parking totals 27,232 SF and is not counted toward the overall SF. 1 -20-17 P-1(B)Page 1 of 1 Revised 07/10 • Development Services City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent)Hoehn Group LLC 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 Anne Hoehn Corp/Part Hoehn Group LLC Title Member Title Address P.O. Box 789,Carlsbad, CA 92018-0789 Address P.O. Box 789,Carlsbad, CA 92018-0789 2.OWNER (Not the owner's agent)Hoehn Group LLC 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 Anne Hoehn Corp/Part Hoehn Group LLC Title Member Title Address P.O. Box 789 Address P.O. Box 789 Carlsbad, CA 92018-0789 Carlsbad, CA 92018-0789 P-1(A)Page 1 of 2 Revised 07/10 --_ ..,..... ,,...„.•...Ai ,. 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 N/A 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? ElYes El No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the bove information is true and correct to the st of my knowledge. ,--- Sig ature of owner/date Sig a ure f ap licant/date Anne Hoehn Anne Hoehn Print or type name of owner Print or type name of applicant i 11)/i -2.-7 - 1 7Sinatof owner/applica t's .gent ".applicable/date Kathryn Conniff Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 A00•EIA INFORMATION Development ServicesC•City of FORM Planning Division Carlsbad P-1(D)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative Declaration,Negative Declaration or Exemption)will be required to be prepared for your application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's Municipal Code.The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are necessary to substantiate a "no impact"or "yes impact"determination should be submitted as an attachment to this Environmental Information Form.This is especially important when a Negative Declaration is being sought.The more information provided in this form,the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form —Initial Study. P-1(D)Page 1 of 4 Revised 07/10 _- ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:(To be completed by City) Application Number(s): General information 1.Name of project:Hoehn Motors -Porsche Carlsbad 2.Name of developer or project sponsor:Hoehn Group LLC Address:P.O. Box 789 City, State, Zip Code:Carlsbad, CA 92018-0789 Phone Number:(760) 438-4454 3.Name of person to be contacted concerning this project:Kathryn Conniff, Horine Group Address:2190 Carmel Valley Rd., Suite F City, State, Zip Code:Del Mar, CA 92014 Phone Number:(858) 755-7890 4.Address of Project:6800 Avenida Encinas, Carlsbad CA 92011 Assessor's Parcel Number 214-450-16 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: None known 6.Existing General Plan Land Use Designation:General Commercial (GC) General Commercial (C-2), Commercial/Visitor-Servidng Overlay Zones (C-2-0),Lot 16 Area C. SP-186 E7.Existing zoning district: 8.Existing land use(s):auto dealership 9.Proposed use of site (Project for which this form is filed):auto dealership Project Description 10.Site size:1.5 acres 11.Proposed Building square footage:719 614 SF, with rooftop parking 3-story structure, with rooftop parking12:Number of floors of construction: 188 parking spaces (site, 2nd & 3rd floor)13.Amount of off-street parking provided: 14.Associated projects:none P-1(D)Page 2 of 4 Revised 07/10 • ".1 ••0111• 15.If residential, include the number of units and schedule of unit sizes: N/A 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities:Auto dealership, located with the City of Carlsbad's Specific Plan 186 (E) -Lot 16 -Area C. The sales area =14,884 SF, the parts area =4,596 SF, and the 18 service stalls are 12,569 SF, providing a total of 32,049 SF of sales, parts & service areas on the first & second floors. The third floor & rooftop provides for vehicular parking. 17.If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A • •P-1(D)Page 3 of 4 Revised 07/10 • 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 E3 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. E3 24.Change in dust, ash, smoke, fumes or odors in vicinity.0 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 0 0 alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.0 27.Site on filled land or on slope of 10 percent or more.0 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 flammables or explosives.Oil, coolant & waste fluids associates with auto dealerships. 29.Substantial change in 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.0 Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted.See attached sheet. 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.See attached sheet Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my kn .wledge and belief. di Date:1 -20-17 Si w Nabgnature:Ili For:athryn Conniff I II-We Group P-1(D)Page 4 of 4 Revised 07/10 Environmental Setting 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. The project site is located at 6800 Avenida Encinas in Carlsbad, California (APN # 214-450-16). The parcel area is 1.51 acres.In the existing condition, the project site is occupied by Hoehn Motors's Porsche dealership, totaling 18,800 SF.The Showroom Bldg. containing a showroom, with offices/sales/admin areas on the first and second floor and 6 service stalls and a parts areas on the first floor.The Service building contains 12 service stalls and associated equipment and tool rooms areas. The irregular-shaped parcel is relatively level with topography descending slightly from east to west on the order of a few feet. The parcel rests at an elevation of approximately 65 feet above mean sea level (AMSL). In the 1980s, Hoehn Motors's Honda dealership development was constructed, and the parcel has been subject to a large degree of landform shaping. The central portion of the property has been elevated and mounded utilizing sediments excavated from around the property perimeter. The existing site improvements consists of an asphalt parking areas with ornamental landscape, such as lawn grasses, palm trees, and flowering shrubs and bushes. Six subsurface exploratory borings revealed the following soil conditions: Fill: An engineered fill placed during grading for the existing development classifies predominately as a brown to grey brown, fine to medium grained silty SAND was encountered across the site to a depth of 1.5 to 16 feet. These soils were noted to be dense and moist. Natural: An undisturbed Old Paralic deposit classifying as a brown, fine to medium grained silty SAND was encountered beneath the fill. These native soils were observed to be dense to very dense and moist. Bedrock: A bedrock material classifying as a light brown to grey, silty sandstone to clayey siltstone was encountered beneath the upper soils at a depth between 14 to 28 feet. These materials were observed to be hard to very hard and moist. There are no known active or potentially active faults trending toward or through the site. The proposed development lies outside of any Aiquist Priolo Special Studies Zone and the potential for damage due to direct fault rupture is considered very remote. The site is located in an area of high regional seismicity and the Rose Canyon fault is located about 4 kilometers from the site.The subject site is not situated in an area of historic occurrence of liquefaction to indicate a potential for permanent ground displacement, per NorCal Engineering's Geotechnical Investigational Report, 12/12/16. A record search with a one-mile-radius buffer was conducted at the California Historical Resources Information System,South Coastal information Center.No cultural resources are recorded on or immediately adjacent to the project.No prehistoric cultural material was identified during the pedestrian survey, per Recon Cultural Resources Survey Report, 1/12/17. There are no scenic aspects /views at the project site. Hoehn Motors -Porsche.P 1(D)Page 1 1 7 1-20-17 C 3 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. The site is adjacent to the Volvo Carlsbad dealership (general commercial land use) to the south, to the Dehesa Charter School and Poinsettia Station apartments to the west, to a vacant parcel to the north (planned industrial & office land use for Encina Wastewater Authority), and to Interstate 5 to the east. The Dehesa Charter School, and Poinsettia Station apartments, to the west, are located in a Commercial Tourist and Residential Medium-Density zone, with 15-23 dwelling units per acre (R-23). Please see response #32 re: cultural, historical or scenic aspects of the project site. PROJECT SITE View of existing Porsche Dealership, looking east from Avendia Encinas 1 II I .r •. ii (----„,_,..4....%zit •nika.'•„....rsi- . -be.' -- ......._i . - ...40 .......... Hoehn Motors —Porsche,P 1.(D)Page 2 1 7 1-20-17 EAST View of Porsche Dealership, looking west from the east side of Interstate 1-5 y4 r OPP A 0 ."1" 3 1 7 1-20-17 SOUTH View of Volvo Carlsbad dealership, adjacent to Porsche Carlsbad dealership & from Avendia Encinas r. ti , ' ,.., . .... ,A . • .. '0;1.,40, itriv d .., .-. ••"A •.."• ..-. i'•, • k. # ___•• kt:„.;2.:,r,s...e:t.'.- .- : -,;' •"""4.•/4 r4'id....4C '',.:.,',;-44'....•1*.. - . -:.• ...c...:,, :=:-. i-i (-:..\i i P ',./.I),n r -.) i . .,b (, `-'I ,:')1)_4 1 7 1-20-17 WEST View of Poinsettia Station apartments, across the street from Porsche Carlsbad dealership '••-•« ••• Ati 4171.. ,1 ImillentrSIA-44, V: Hoch 1)Motor =.Porsche.P 1(D )Page 5 1 7 1-20-17 NORTH WEST View of Blue Water Crossing apartments & mix use development, across the street from Porsche Carlsbad dealership • it •;ow:: ,4) a-Ts I I /lbill la hi 0e-r II Hoch .o ••)gt 6 I 7 1-20-17 NORTH View of vacant parcel to the north (planned industrial & office land use for Encina Wastewater Authority) e.,111( .• • Fr h;h •Pt..P I;Dj P ..7 I 7 1-20-17 44.0..40 TIME LIMITS ON Development Services Cr City of DISCRETIONARY Planning Division Carlsbad PROJECTS 1635 Faraday Avenue (760) 602-4610P-1(E)www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City.The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete.Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete.If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e.,clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-461 . Applicant Signature:/-2e-/7- Staff Signature: Date: To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 INVOICE (00007529) BILLING CONTACT HOEHN GROUP L L C City of Carlsbad City of P 0 Box 789 1635 Faraday Avenue Carlsbad, Ca 92018 Carlsbad, CA 92008-7314 Carlsbad INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00007529 05/01/2017 05/01/2017 Due NONE REFERENCE NUMBER FEE NAME TOTAL LPC2017-0030 LANDSCAPE IMPROVEMENT FEE $1,709.55 LANDSCAPE INSPECTION FEE $847.00 6800 Avenida Encinas Carlsbad, CA 92011-3201 SUB TOTAL $2,556.55 TOTAL $2,556.55 111111111111111111111111101111 1E111 May 01, 2017 11:19 am Page 1 of 1 di....0 - - .4. .... INVOICE (00002852) BILLING CONTACT (...._ KATHRYN CONNIFF HORINE GROUP City of Carlsbad City of 1635 Faraday Avenue Carlsbad, CA 92008-7314 Carlsbad INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00002852 01/20/2017 01/20/2017 Due NONE REFERENCE NUMBER FEE NAME TOTAL CDP2017-0005 COASTAL DEVELOPMENT PERMIT Non —Residential $8,163.40 6800 Avenida Encinas Carlsbad, CA 92011-3201 SUB TOTAL $8,163.40 TOTAL $8,163.40 11 I 11101111110101 110 011111111 lill • January 20, 2017 12:09 pm Page 1 of 1 INVOICE (00002854) BILLING CONTACT HOEHN GROUP L L C City of Carlsbad City of P 0 Box 789 1635 Faraday Avenue Carlsbad, Ca 92018 Carlsbad, CA 92008-7314 Carlsbad INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00002854 01/20/2017 01/20/2017 Due NONE REFERENCE NUMBER FEE NAME TOTAL SDP2017-0001 NOTICE FEE(PLN/ENG) (plus postage)$326.00 POSTAGE (ALL)$51.70 SITE DEVELOPMENT PLAN (PLN) Major $11,749.00 6800 Avenida Encinas Carlsbad, CA 92011-3201 SUB TOTAL $12,126.70 TOTAL $12,126.70 111111111111101111101131011111100111 January 20, 2017 12:11 pm Page 1 of 1 Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:(619) 521 -3500 •Fax:(619)521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.:12203453-993-U50 Escrow/Customer Phone:(619) 521-3500 Horine Group Title Officer:Ken Cyr & Mark Franklin (SD/BS) 2190 Carmel Valley Rd.,Ste F Title Officer Phone:(619) 521-3673 Del Mar, CA 92014 Title Officer Fax:(619) 521-3608 ATTN:Kathryn Conniff Title Officer Email:TeamCyrFranklin@ctt.com Email:kathryn@horinegroup.com Ref:Hoehn Motors PROPERTY:6800 AVENIDA ENCINAS, CARLSBAD, CA SECOND AMENDED PRELIMINARY REPORT In response to the applicationfor a policy oftitle insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue,or cause to be issued, as ofthe date hereof a policy or policies oftitle 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 ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither 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 Liabilityfor certain coverages are also setforth in Attachment One.Copies ofthe 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 assumedprior to the issuance ofa policy of title insurance, a Binder or Commitment should be requested. The policy(s)oftitle 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 setforth in Attachment One of this report carefully.The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered under the terms ofthe 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 oftitle and may not list all liens, defects and encumbrances affecting title to the land. Countersigned:EIT PRWS444- Randy bviris PresidentBy:a•«z Authorized Signature Mithalti coavde. SectOmy CLTA Preliminary Report Form —Modified (11/17/06)Page 1 %me PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 PRELIMINARY REPORT SCHEDULE A EFFECTIVE DATE:January 9, 2017 at 7:30 a.m. The form of policy or policies of title insurance contemplated by this report is: No Policy Issued 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Hoehn Group LLC,a California limited liability company 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form —Modified (11/17/06)Page 2 .6 "t6 Itiaw Nadi PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 16 OF CARLSBAD TRACT NO.81-5,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.10899,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11,1984. EXCEPTING THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR RESERVED,INCLUDING WITHOUT LIMITATION ALL OIL,GAS,HYDROCARBON AND SIMILAR RIGHTS, AND ALL WATER, WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER, WITHIN OR UNDERLYING SAID LAND,TOGETHER WITH THE PERPETUAL RIGHT OF DEVELOPMENT THEREOF;PROVIDED, HOWEVER,THAT THE RIGHTS HEREIN EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE TOP 500 FEET OF THE SUBSURFACE OF THE REAL PROPERTY,AS RESERVED BY OCCIDENTAL LAND,INC.,WHO ACQUIRED TITLE AS OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION IN DEED RECORDED APRIL 28,1981,FILE NO.81-128449 AND BY J.LARRY BALLARD, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY IN DEED RECORDED APRIL 28,1981 AS FILE NO.81-128451. APN 214-450-16-00 CLTA Preliminary Report Form —Modified (11/17/06)Page 3 Ikitator PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 SCHEDULE B EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1.Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.:214-450-16-00 Fiscal Year:2016-2017 1st Installment:$21,904.26, paid. 2nd Installment:$21,904.26, unpaid (Delinquent after April 10) Penalty and Cost:$2,200.42 Code Area:9027 2.The lien of supplemental taxes,if any, assessed pursuant to the provisions ofChapter 3.5 (commencing with Section 75)ofthe revenue and taxation code ofthe State of California. 3.The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date:July 18,1963 Recording No.:125935 of Official Records Affects:The route thereof affects a portion of said land Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof. 4.Matters contained in that certain document Entitled:Irrevocable offer to dedicate open space easement and declaration ofrestrictions Executed by:Occidental Land, Inc. Recording Date:November 26, 1980 Recording No.:80-400539 of Official Records Reference is hereby made to said document for full particulars 5.An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s):Public Road Recording Date:November 26, 1980 Recording No.:80-400539 of Official Records Affects:The exact location and extent of said easement is not disclosed of record CLTA Preliminary Report Form —Modified (11/17/06)Page 4 PRELIMINARY REPORT REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 SCHEDULE B —EXCEPTIONS (Continued) 6.Following recital in deed from Occidental Land, Inc., who acquired title as Occidental Petroleum Land and Development Corporation,a California corporation to J.Larry Ballard,a married man as his sole and separate property recorded April 28, 1981, file no.81 -128449. "Grantee hereby covenants and agrees by the recording ofthis deed that the terms and provisions on the part of grantee to be performed under that certain agreement for grant of options between grantor and grantee concerning the real property herein conveyed, with reference to the covenants and conditions of the grantee to be performed after recording of this deed, shall be construed to be, and the same are hereby declared to be, covenants running with the land, and the word "buyer" in those covenants and conditions shall also include any successors in interest of grantee in the real property herein conveyed, or any portion thereof. upon the fill performance of said covenants, grantor agrees to execute a release of said covenants running with the land." 7.Matters contained in that certain document Entitled:Agreement between developer-owner and the City of Carlsbad for the payment of a public facilities fee Dated:October 7,1982 Executed by:Cecil A. Smith and the City of Carlsbad,a Municipal Corporation Recording Date:October 21,1982 Recording No.:82-323923 of Official Records Reference is hereby made to said document for full particulars 8.Following recital in deed from Cecil A. Smith,a married man as his sole and separate property to Carlsbad Corners Incorporated,a California corporation recorded October 25,1983,file no. 83-385008. "Grantee hereby covenants and agrees by the recording ofthis deed that the terms and provisions on the part of grantee to be performed under that certain agreement for grant of options between grantor and grantee concerning the real property herein conveyed, with reference to the covenants and conditions of the grantee to be performed after recording of this deed, shall be construed to be, and the same are hereby declared to be, covenants running with the land, and the word "buyer" in those covenants and conditions shall also include any successors in interest of grantee in the real property herein conveyed, or any portion thereof. upon the fill performance of said covenants, grantor agrees to execute a release of said covenants running with the land." 9.Covenants, conditions and restrictions but omitting any covenants or restrictions,if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information,as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document Recording Date:December 29, 1983 Recording No:83-475378 of Official Records 10.Matters contained in that certain document CLTA Preliminary Report Form —Modified (11/17/06)Page 5 4.N PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 SCHEDULE B —EXCEPTIONS (Continued) Entitled:Agreement Regarding Construction And Use Of Desiltation And Retention Basin And Traffic Improvements Dated:October 7,1982 Executed by:Group Vi,a California Limited Partnership, Seabluff Associates,a California joint Venture, Cecil A. Smith,a married man as his sole and separate property, Carlsbad Corners Incorporated, a California Corporation and R. C. Jewett Company,a California General Partnership and Poinsettia Investment Co., Inc.,a California Corporation Recording Date:February 6,1984 Recording No.:84-045340 of Official Records Reference is hereby made to said document for full particulars 11.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication on the map of said tract/plat; Purpose:Sanitary Sewer System Affects:As shown upon the improvement plans for Map No. 10899 12.Covenants, conditions and restrictions but omitting any covenants or restrictions,if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information,as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document Recording Date:July 16,1984 Recording No:84-267158 of Official Records 13.Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To:San Diego Gas and Electric Company Purpose:Public Utilities, Ingress and Egress Recording Date:December 8,1986 Recording No:86-568163 ofOfficial Records Affects:The exact location and extent ofsaid easement is not disclosed of record. 14.Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To:The City of Carlsbad, a municipal corporation Purpose:public water main and appurtenances Recording Date:June 29,1987 Recording No:87-362719 of Official Records Affects:the route thereof affects a portion ofsaid land 15.Water rights, claims or title to water, whether or not disclosed by the public records. 16.Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey ofsaid land that is satisfactory to this Company, and/or by inquiry ofthe parties in possession thereof. CLTA Preliminary Report Form —Modified (11/17/06)Page 6 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 SCHEDULE B —EXCEPTIONS (Continued) This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified ofthe removal ofspecific coverage exceptions and/or additional exceptions to coverage. 17.Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. END OF ITEMS CLTA Preliminary Report Form —Modified (11/17/06)Page 7 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 NOTES 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 ofCalifornia Real Estate, withhold 3-1/3%of the total sales price as California State Income Tax, subject to the various provisions ofthe 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 ifyou 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 ofthe 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 (11/17/06)Page 8 14ihme 'oft." PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 NOTES (Continued) Note No.9:The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company:Hoehn Group LLC a)A copy of its operating agreement,if any, and any and all amendments, supplements and/or modifications thereto, •certified by the appropriate manager or member b)If a domestic Limited Liability Company,a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c)Ifthe Limited Liability Company is member-managed,a full and complete current list of members certified by the appropriate manager or member d)Ifthe Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state oforigin e)If less than all members, or managers,as appropriate,will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Note No.10:There are no conveyances affecting said Land recorded within 24 months ofthe date ofthis report. Note No.11:There is located on said land a Commercial known as 6800 Avenida Encinas Carlsbad, Ca. END OF NOTES Ken Cyr & Mark Franklin (SD/BS)/m1m CLTA Preliminary Report Form —Modified (11/17/06)Page 9 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial,Inc.and its majority-owned subsidiary subsequent visits. A cookie, by itself, cannot read other data from your companies providing real estate-and loan-related services (collectively,hard disk or read other cookie files already on your computer. A cookie, "FNF","our" or "we")respect and are committed to protecting your by itself, does not damage your system.We,our advertisers and other privacy. 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Information" in the subject line and in the body of your message.We EFFECTIVE AS OF: JANUARY 24, 2014 will provide the requested information to you at your email address in LAST UPDATED: JANUARY 24, 2014 response. Privacy Notice Effective:January 24, 2014 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions,a preliminary report or commitment.Please be aware that the provision ofthis notice does not constitute a waiver of the consumer's right to be charged the field rate.As such,your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below;consult the rate manual for a full description of the terms,conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies.This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter CTC -Chicago Title Company CTIC -Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. FEE REEDUCTION SETTLEMENT PROGRAM (CTC and CTIC) Eligible customers shall receive $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms ofthe Final Judgments entered in The People ofthe State of California. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage)covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area,which was partially or totally destroyed in the disaster,will be 50%of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70%of the appropriate title insurance rate,depending on the type of coverage selected.The charge for a lender's policy shall be 40% to 50%of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement)of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing,sale or purchase of the employees'bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom,as a party to the transaction. CA Discount Notice Effective Date:1-10-2010 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 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Hoehn Motors ORDER NO.:12203453-993-U50 Request for $20.00 Discount —CA Settlement Use oneformfor each qualifting property. To:Chicago Title Company, 2365 Northside Drive, Suite 600,San Diego, CA 92108 Date: From: (name) Current Address: I believe that I am qualified for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs. I have not previously received a cash payment or a discount from another Company on the property described below: Signed:Date: Address of qualifying property: Approximate date of transaction THIS SECTION IS FOR COMPANY USE ONLY. The above referenced party is entitled to receive a $20.00 discount on escrow services or title insurance pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs. OR The above referenced party does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs for the following reason: The party has previously received credit for the transaction described above. The transaction described above did not occur in the time period allowed by the stipulated judgments—May 19,1995 to November 1,2002. Fax this response to: Escrow No.:12203453-993-U50 Escrow Officer: Fax Number: C 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 ofthe 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 ofPolicy. (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 ofPolicy; 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 ofthe inability or failure ofthe insured at Date ofPolicy, or the inability or failure of any subsequent owner ofthe 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 ofthe insured lender, by reason ofthe 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 ofthose portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19, 20, 23 or 27. 2.The failure of Your existing structures, or any part ofthem, 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) c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: •For Covered Risk 16,18,19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Limit Your Deductible Amount of Liability Covered Risk 16:1.00%ofPolicy Amount Shown in Schedule A $10,000.00 or $2,500.00 (whichever is less) Covered Risk 18:1.00%ofPolicy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 19:1.00%of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 21:1.00%ofPolicy Amount Shown in Schedule A $5000.00 or $2,500.00 (whichever is less) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use *improvements on the land * land division *environmental protection This exclusion does not apply to violations or the enforcement ofthese matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it, unless: *a notice ofexercising 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 ofthe taking 3.Title Risks: *that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date —unless they appeared in the public records *that result in no loss to you *that first affect your title after the Policy Date —this does not limit the labor and material lien coverage in Item 8 ofCovered 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 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to Attachment One (06/03/11) C (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (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 ifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe 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 ofrecording 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: I.(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 ofthe 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 ofthe 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 ofthis 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 ofthe 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 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2.Rights ofeminent 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) (a)a fraudulent conveyance or fraudulent transfer; or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording ofthe deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch 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 ofthe Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c)are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis 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 ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation ofthese laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16. (b)Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5, 6,13(c),13(d), 14 or 16. 2.Rights ofeminent 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 ofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,16, 17,18,19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained ifthe 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 ofthe 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 ofthe transaction evidenced by the Insured Mortgage and is based upon usury,or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien ofthe Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe 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)ofthis policy. Attachment One (06/03/11) •... 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GS S 1 *-‘,.7 6 9 "0 1.0 ..aro 41 elkus6ty..o 7....,j 4 ve4:13 t -44 14 Cr0 d`114 aok 4 lt.'--...)t4 0 r 4 V%3 $%.04 ALICES I°a i_co4g.RE.*in a vozismas 0 .0 •v 514 locItEct) J a ik.,3 a . „it_ ..Firg,„-wT.s.-0 .1.ze..z_to. Grp Z # 2egirt14 •••:1 -3 Y 4444o0-91 V.4-47'ci 144.°5'"(At _nb.tV 196.151. • 4 tr 5C/22:Yi.I 575.46'------ds"."-----It 7.1/ 50'5gr Y4 418-31'--.Atte 50'99.. ,.ij Am-7 satin RtGraitt.RELAROME)10 1116 conTE_Of _.----- CMAF PM cu..M.JULY 18 ,1614;5 io Fut W.imbs. or A it.4:el 410 5 This map with plotted easement(s)is provided as a courtesy. The location of the easement(s)is believed to be approximately correct, but is not guaranteed. Chicago Title will not assume responsibility for its accuracy. If you want such a guarantee, you should obtain the services of a licensed surveyor or engineer