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HomeMy WebLinkAboutSDP 2017-0009; CALLAWAY GOLF MAINTENANCE BUILDING; Site Development Plan (SDP)( \ \ {·city of Carlsbad LAND USE REVIEW APPLICATION P-1 ,,., Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Mino D Conditional Use Permit D Minor D Extension D Day Care {Large) D Environmental Impact Assessment r D Habitat Management Permit D Hillside Development Permit OMinor OMinor D Nonconforming Constructlon Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determlnatlon D Reasonable Accommodation IX] Site Development Plan M [16.inor lf'\ 1' ,'cf',>~'() Jm-) D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance OMinor (FOR DEPT, USE ONL Yi Leg/stative Permits i,o'f,'1!:ooo'I D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change OAmendment OAmendment D Zone Code Amendment South carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major VIiiage Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT, USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): ·]._,f 7-., -0 °i l -0 §"c,, 0 ..,j--21 L.:-D'll -O'-( LOCATION OF PROJECT: S <o 1--S D,..j cl-e,-\. P ( , Co-r Is ½c.,.,J C B:: '1 '..LD a~ (STREET ADDRESS) NAME OF PROJECT, C-..n lQ.,yv 4 &i,, 1 .r -tJ e,,c...i t'Vk.;+-~ {j ~ .1 J.: °:'.l BRIEF DESCRIPTION OF -~, • (J ,/ PROJECT: N411 ~-e.tN;j<l;!2-C(L,( rnop..x, !V\;,!',+ _·:Rzt½ ""f'S~'f'.e.. WO(l,L PROJECT VALUE ~rt i,::-+ 10,000 -(SITE IMPROVEMENTS) FOR CITY USE ONLY DevelopmentNo. ]~y,ZV\1-<V\1''b P-1 ESTIMATED COMPLETION DATE + .J Ur\L-'U) l'b Page 1 of 6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (If applicable): - (PLEASE PRINT) COMPANY NAME (if applicable): Callaway Golf Company MAILING ADDRESS: 2180 Rutherford Road -"--'-''-"-''-'-"'""""-"""-"'-""""'"------- CI TY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: {760) 930-8555 EMAIL ADDRESS: mikema@callawaygolf.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR ~PLICATION. j.•!e..J,,L/4!..1/.L'f ___ _ SIGNATURE ~E APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME Al u. Pel f,5 (if applicable): lvl ,' I"'--I l G 1 jO COMPANY NAME (if applicable) Callaway Golf Company MAILING ADDRESS: 5825 Dryden Place --c~ar~l~sb_a_a~,'c~A-9-20-o-g------c1TY, STATE, ZIP: TELEPHONE: (760) 930-8555 EMAIL ADDRESS: mikema@callawaygolf.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST ,07-NO~LEDGE_. __ ~ ~/U/·----- SfGNATURE/ APPLICANT'S REPRESENTATIVE (Print): _M=ik=e:.;Mc:a,,i.=.o.:,;rs",.=S.:,;r·c;D=ir.=.ec"t"'o-"r,"F'-'a"'c"'il"-it"-ie""s'--------------- MAILING ADDRESS: 2180 Rutherford Road CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: EMAIL ADDRESS: (760) 930-8555 mikema@callawaygolf.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION ANO THAT All THE ABOVE ~:g;~;~~~ ,,TR~E A: CORRECT TO THE BEST o; MY ~,,,-/.2//'f/j't Sl"""ATuKE / DATE ' IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICT/ON BEING RECORDED ON THE ITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND 8 ANY SUC.CESSORS IN INTEREST. C FOR CIT'Y USE ONLY P-1 Page 2 of6 f·L~-C"~IVED DEC 19 2017 ,: __ , ! :· -...· <1-\;··c' i....,SBAD DATEf~~~l~l@f:lt=IVED RECEIVED BY: Revised 03/17 ( City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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: P-1(8) Page 1 of 1 Revised 07 /10 C cuyof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits ·and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. y:J'.· .. --" PROJECT INFORMATION ,~ - PROJECT NAME:Callaway Golf Maintenance Building PROJECT ID:SPD2017-0009 ADDRESS:5825 Dryden Place, Carlsbad, CA 92008 APN:21 2-091 -05 AND 212-091 -04 The project is (check one): Ill New Development D Redevelopment The total proposed disturbed area is: 5,546 ft2 (0.13 ) acres The total proposed newly created and/or replaced impervious area is: 4,400 ft2(0.10 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 ,. ---~ ~. ---" -. STEP 1 TO BE COMPLETED FOR ALL PROJECTS -·--- To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building 0 0 or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If vou answered "no" to the above question, the proiect is a 'development project', QO to Step 2. STEP 2 1 --- TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; 0 ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in 0 ~ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? 0 ~ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, vour project is not exempt from PDP, ao to Stec 3. E-34 Page 2 of 4 REV 02/16 -,_ .. -STEP3 ... --~ --,_ TO BE COMPLETED FOR ALL NEW OR REDEVELOPMEN'F PROJECTS : ---,_ To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, D ~ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or D ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and D [?] refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside D [l] development project includes develooment on anv natural slooe that is twentv-five oercent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is D ~ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway D ~ freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of D [l] 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adiacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair D [l] shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes D ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per dav. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land D ~ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of ~ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC D 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... II and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinq "Mv oroiect is a 'STANDARD PROJECT' .. .'' and comolete aoolicant information. E-34 Page 3 of 4 REV 02/16 STEP 4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. D D Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statinq "My project is a PDP ... " and complete applicant information. -STEP S CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application . ~ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Michael Hada Applicant Title: Project Manager Applicant Signature: Date: 11 -30-2017 .. . . • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Only YES NO City Concurrence: D D By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 r {_ City of Carlsbad ,. ,,_ STANDARD PROJECT REQUIREMENT CHECKLIST E-36 ·-... Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov --Project Information -- Project Name: Callaway Golf Maintenance Building Project ID : DWG No. or Building Permit No.: -·-· ----.. -~ --~ ·---· -· Source Control BMPs ____ ....,__ --·---.. - All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required . • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. .. -··-., ... Source Control Requirement --·--·---Applied? SC-1 Prevention of Illicit Discharges into the MS4 !!]Yes 0 No 0 N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage [i)Yes 0 No 0 N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall , Run-On, Runoff, and Wind l!l Yes 0 No 0 N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 Source Control Reaulrement (continued) . Aoolled? - SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and ~Yes ONo D N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal ~ Yes D No D N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for quidance). D On-site storm drain inlets OYes ~ No D N/A D Interior floor drains and elevator shaft sump pumps OYes D No ~ N/A D Interior parking garages OYes D No ~ N/A O Need for future indoor & structural pest control OYes 0 No ~ N/A O Landscape/Outdoor Pesticide Use ~Yes 0 No 0 N/A O Pools, spas, ponds, decorative fountains, and other water features D Yes 0 No ~ N/A D Food service OYes 0 No ~ N/A D Refuse areas ~Yes 0 No 0 N/A D Industrial processes OYes 0 No ~ N/A D Outdoor storage of equipment or materials OYes ~ No 0 N/A D Vehicle and Equipment Cleaning OYes ~ No D N/A D Vehicle/Equipment Repair and Maintenance OYes ~ No D N/A D Fuel Dispensing Areas OYes ~ No D N/A D Loading Docks OYes ~ No 0 N/A D Fire Sprinkler Test Water OYes ~ No D N/A D Miscellaneous Drain or Wash Water OYes ~ No D N/A O Plazas, sidewalks, and oarkina lots OYes ~ No 0 N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 0 --· -. . Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion/ justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. __ , --.. I Site Design R_equirement ·-.. -Applied? SD-1 Maintain Natural Drainaoe Pathways and Hvdrolooic Features I OYes I D No I~ N/A Discussion/justification if SD-1 not implemented: Site is developed no natural pathways or hydrologic features SD-2 Conserve Natural Areas, Soils, and Vegetation I OYes I D No I ~ N/A Discussion/justification if SD-2 not implemented: Site is existing and developed. There are no natural areas. SD-3 Minimize lmoervious Area I ~ Yes I D No ID N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I OYes I D No I~ N/A Discussion/justification if SD-4 not implemented: Disturbed areas are to be paved and must be compacted. SD-5 Impervious Area Dispersion I ~ Yes I D No I D N/A Discussion/justification if SD-5 not implemented: Some storm water runoff will be directed to adjacent golf fairway. E-36 Page 3 of 4 Revised 09/16 Site Deslan Reaulrement (continued) ·--.... ·--I Applied? SD-6 Runoff Coll ection I ~Yes I D No I ON/A Discussion/justification if SD-6 not implemented: SD-7 LandscapinQ with Native or DrouQht Tolerant Species l D Yes I D No I~ NIA Discussion/justification if SD-7 not implemented: no new landscaping SD-8 Harvesting and Usina Precioitation I D Yes I D No I~ NIA Discussion/justification if SD-8 not implemented: Harvesting not practical. E-36 Page 4 of 4 Revised 09/16 {cityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 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. · 0 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Callaway Golf Company Address: 5825 Dryden Place Carlsbad, CA 92008 Phone Number: (760) 930-8555 PROPERTY OWNER Name: Callaway Golf Company 2180 Rutherford Road AddressCailsbad, CA 92668 Contact: Mike Majors (760) 930-8555 Phone Number:. _________ _ Address of Site: 5825 Dryden Place; Carlsbad CA 92008 Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number:___:2:.:1:.:2:...-0::;9:.:l:...-.:.04,:__ _____________ _ Specify list(s):_N_A __________________________ _ Regulatory Identification Number:.-'-'N,_,_A_,_ ___________________ _ 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 .l Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list .of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/dalabase/calsltes www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: ' County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 02113 Business Name SAN DIEGO kcGIONAL HAZARDOUS MATERIALS QUESTIONNAIRE Callawa Golf Com an Project Address 5825 D den Place Mailing Address 2180 Rutherford Road City Carlsbad OFFICE USE ONLY RECORD ID# ~ 2-010 -i-lu.(r~ 21Li3'-'f PLAN CHECK #Hl,wn-HHmB : 6~5r State State CA BP DATE 5 I 31 / 11- Telephone# 760 930-5227 X Zip Code APN# 92008- Zip Code 92008- Project Contact Applicant E~mail Telephone# ni h I r m I mb. om 619-993-1718 The following questions represent the faclllty's activities, NOT the specific project description. P I: F E DEPARTMENT -HAZARDO S MATERIALS DIVI ION· LA SIFICATION: n ' ed for ro eels wl hln the Cit of San ~: Indicate by circling the item, whether your business will use, process, or store any o the /lowing hazardous materials. If any of the items are circled, applicant must contact the Fire Protection Agency with jurisdiction prior to plan submittal. Occupancy Rating: F-1 Facility's Square Footage (including proposed project): 1,860 (900 new) 1. Explosive or Blasting Agents 5. Organic Peroxides 9. Water Reactives 13. Corrosives 2. Compressed Gases 6. Oxidizers 10. Cryogenics J.4. Other Health Hazards 3. Flammable/Combustible Liquids 7. Pyrophorics 11. Highly Toxic or Toxic Materials (25. None of These) 4. Flammable Solids 6. Unstable Reactives 12. Radioactives PART U; SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH -HAZARDOUS MATERIALS DIVISION {HMO): If the answer to any of the questions is yes, applicant must contact the County of San Diego Hazardous Materials Division, 5500 Over1and Avenue, Suite 110, San Diego, CA 92123. Call (856) 505-6700 prior to the issuance of a building permit. FEES ARE REQUIRED Projecl Completion Date: 1/2/2018 YES NO Expected Date of Occupancy: n/1/2018 (for new construction or remodeling projects) Is your business listed on the reverse side of this form? {check all that apply). 1. 2. 3. 4. 5. 6. 7. 8. 181 D 181 D Will your business dispose of Hazardous Substances or Medical Waste in any amount? CESQG 181 D Will your business store or handle Hazardous Substances In quantities greater than or equal to 55 gallons, 500 pounds and/or 200 cubic feet? D D D D D 181 Will your business store or handle carcinogens/reproductive toxins in any quantity? 18] Will your business use an existing or install an underground storage tank? [8] Will your business store or handle Regulated Substances (CalARP)? 181 Will your business use or install a Hazardous Waste Tank System (Title 22, Article 10)? 18] Will your business store petroleum in tanks or containers at your facility with a total facility storage capacity equal to or greater than 1,320 gallons? (California's Aboveground Petroleum Storage Act). Current CEBS JD 10364308 -no hazardous material changes based an this project 0 CalARP Exempt I Date Initials D CalARP Required I Date Initials 0 CalARP Complete I Date Initials PART Ill: SAN DIEGO COUNTY AIR PQLLUTIQN CONTROL DISTRICT (APCP>; The following questions are intended to identify the majority of air pollution issues at the planning stage. Your project may require additional measures not identified by these questions. Some residential projects may be exempt from APCD requirements. For more comprehensive requirements, please contact APCD at apcdcomp@sdcounty.ca.qov; (858) 586-2650; or 10124 Old Grove Road, San Diego, CA 92131. YES NO 1. D 181 Will the project disturb 160 square feet or more of existing building materials? 2. D 181 Will any load supporting structural members be removed? If yes, contact APCD prior to issuance of a building or demolition permit. A notification may be required at least 10 working days prior to commencing demolition. 3. 4. D D 0 (ANSWER ONLY IF QUESTION 1 or 2 IS YES) Has an asbestos survey been performed? D (ANSWER ONLY 1F QUESTION 1 or 2 IS YES} Based on the survey results, will the project disturb any asbestos containing material? If yes, contact APCO prior to the issuance of a building or demolition permit. A notification may be required at least 10 working days prior to commencing asbestos removal. 5. D 18] Will the project or associated construction equipment emit air contaminants? See the reverse side of this form or the APCD factsheet (www.sdapcd.org/info/facts/permits.pd0 for typical equipment requiring an APCD permit. If yes, contact APCD prior to the issuance of a building permit. 6. D D (ANSWER ONLY IF QUESTION 5 IS YES) Will the project or associated construction equipment be located within 1,000 feet of a school bounda ? Briefly describe business activities: Briefly describe proposed project: Golf driving range maintenance garage. Adding small cement/metal garage for lawn mowers. I dedare under penalty of perjury that to the best of my knowledge and b Doug Casey. Sr. Manager EH&S l2-1/L/ I f7 Name of Owner or Authorized A ent Date FOR OFFICAL USE ONLY: FIRE DEPARTMENT OCCUPANCY CLASSIFICATION· BY: DATE: I I EXEMPl O,JUiQ;fJJRTHER INFORMATION REQUIRED RELEASED FOR BUILDING PERMIT BUT NOT FOR OCCUPANCY RELEASED FOR OCCUPANCY p(l!.)Ntv-14'cl';i ~· " APCD COUNTY-HMO APCD COUNTY-HMO APCD t h:~EJ::·,"· '<~; :,._,>\\OIi Col} ;( u ·-;',;: (r d o.,, l EH5// " -. 1¥fine~-l»C.'IA'r!J'l!! '-.-.tJ.-.L~:~8'1. ·0 Ddt /Ir 1ti<1ts o 0 c-~ , . . ~_:..)" ,,.:,/!-· "'A staftlQ in fl)liPij~empts businies~rom completing or updating a Hazardous Materials Business Plan. .,._ ,.~/ , , Other permitting requirements may still apply . HM-9171 08/15Y County of San Diego -DEH -Hazardous Materials Division LIST OF BUSINESSES WHICfl i{EQUIRE REVIEW AND APPROVAL FROM THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH -HAZARDOUS MATERIALS DIVISION Cl]ock all that apply: AUTOMOTIVE D Battery Manufacturing/Recycling D Boat Yard D Car Wash D Dealership Maintenance/Painting D Machine Shop D Painting D Radiator Shop D Rental Yard Equipment D Repair/Preventive Maintenance D Spray Booth D Transportation Services D Wrecking/Recycling CHEMICAL HANDLING D Agricultural supplier/distributor D Chemical Manufacturer D Chemical Supplier/Distributor D Coatings/Adhesive D Compressed Gas Supplier/Distributor D Dry Cleaning D Fiberglass/Resin Application D Gas Station D Industrial Laundry D Laboratory D Laboratory Supplier!Distributor D Oil and Fuel Bulk Supply [2J Pesticide Operator/Distributor CHEMICAL HANDLING D Photographic Processing D Pool Supplies/Maintenance D Printing/Blue Printing D Road Coatings D Swimming Pool D Toxic Gas Handler D Toxic Gas Manufacturer METAL WORKING D Anodizing D Chemical Milling/Etching D Finish-Coating/Painting D Flame Spraying D Foundry D Machine Shop-Drilling/Lathes/Mills D Metal Plating D Metal Prepping/Chemical Coating D Precious Metal Recovery D Sand Blasting/Grinding D Steel Fabricator D Wrought Iron Manufacturing AEROSPACE D Aerospace Industry D Aircraft Maintenance D Aircraft Manufacturing OTHERS AND D Asphalt Plant D Biotechnology/Research D Chiropractic Office D Co-Generation Plant D Dental Clinic/Office D Dialysis Center D Emergency Generator D Frozen Food Processing Facility D Hazardous Waste Hauler D Hospital/Convalescent Home D Laboratory/Biological Lab 0 Medical Clinic/Office D Nitrous Oxide (NOx) Control System D Pharmaceuticals D Public Utility 0 Refrigeration System D Rock Quarry D Ship Repair/Construction D Telecommunications Cell Site D Veterinary Clinic/Hospital D Wood/Furniture Manufacturing/Refinishing ELECTRONICS D Electronic Assembly/Sub-Assembly D Electronic Components Manufacturing D Printed Circuit Board Manufacturing NOTE: THE ABOVE LIST INCLUDES BUSINESSES, WHICH TYPICALLY USE, STORE, HANDLE, AND DISPOSE OF HAZARDOUS SUBSTANCES. ANY BUSINESS NOT INCLUDED ON THIS LIST, WHICH HANDLES, USES OR DISPOSES OF HAZARDOUS SUBSTANCES MAY STILL REQUIRE HAZARDOUS MATERIALS DIVISION (HMD) REVIEW OF BUSINESS PLANS. FOR MORE INFORMATION CALL (858) 505-6880. LIST OF AIR POLLUTION CONTROL DISTRICT PERMIT CATEGORIES Businesses, which include any of the following operations or equipment, will require clearance from the Air Pollution Control District. CHEMICAL 4 7 -Organic Gas Sterilizers 32 -Acid Chemical Milling 33 -Can & Coil Manufacturing 44 -Evaporators, Dryers & Stills Processing Organic Materials 24 -Dry Chemical Mixing & Detergent Spray Towers 35 -Bulk Dry Chemicals Storage 55 -Chrome Electroplating Tanks COATINGS & ORGANIC SOLVENTS 27 -Coating & Painting 37 -Plasma Arc & Ceramic Deposition Spray Booths 38 -Paint, Stain & Ink Mfg 27 -Printing 27 -Polyester Resin/Fiberglass Operations METALS 18 -Metal Melting Devices 19 -Oil Quenching & Salt Baths 32 -Hot Dip Galvanizing 39 -Precious Metals Refining ORGANIC COMPOUND MARKETING {GASOLINE. ETC) 25 -Gasoline & Alcohol Bulk Plants & Terminals 25 -Intermediate Refuelers 26 -Gasoline & Alcohol Fuel Dispensing COMBUSTION 34 -Piston Internal -Combustion Engines 13-Boilers & Heaters (1 million BTU/hr or larger) 14 -Incinerators & Crematories 15-Burn Out Ovens 16 -Core Ovens 20-Gas Turbines, and Turbine Test Cells & Stands 48 -Landfill and/or Digester Gas Flares ELECTRONICS 29 -Automated Soldering 42 -Electronic Component Mfg FOOD 12-Fish Canneries 12 -Smoke Houses 50 -Coffee Roasters 35 -Bulk Flour & Powered Sugar Storage SOLVENT USE 28 -Vapor & Cold Degreasing 30 -Solvent & Extract Driers 31 -Dry Cleaning ROCK AND MINERAL 04 -Hot Asphalt Batch Plants 05 -Rock Drills 06 -Screening Operations 07 -Sand Rock & Aggregate Plants 08 -Concrete Batch, CTB, Concrete Mixers, Mixers & SIios 10-Brick Manufacturing OTHER 01 -Abrasive Blasting Equipment 03 -Asphalt Roofing Kettles & Tankers 46 -Reverse Osmosis Membrane Mfg 51 -Aqueous Waste Neutralization 11 -Tire Buffers 17 -Brake Debonders 23-Bulk Grain & Dry Chemical Transfer & Storage 45 -Rubber Mixers 21 -Waste Disposal & Reclamation Units 36 -Grinding Booths & Rooms 40 -Asphalt Pavement Heaters 43 -Ceramic Slip Casting 41 -Perlite Processing 40 -Cooling T ewers -Registration Only 91 -Fumigation Operations 56 -WWTP (1 million gal/day or larger) & Pump Station NOTE: OTHER EQUIPMENT NOT LISTED HERE THAT IS CAPABLE OF EMITTING AIR CONTAMINANTS MAY REQUIRE AN AIR POLLUTION CONTROL DISTRICT PERMIT. IF THERE ARE ANY QUESTIONS, CONTACT THE AIR POLLUTION CONTROL DISTRICT AT (858) 586-2600. HM-9171 (08/15) County of San Diego -DEH -Hazardous Materials Division ' Order . , 1ber: NCS-884078-5D Page Number: 1 i f,.:0.tf.; If, ~ """' First American Title Insurance Company December 20, 2017 Mike Majors Callaway Golf 2285 Rutherford Road Carlsbad, CA 92008-8815 Phone: (760)930-8555 Fax: Customer Reference: "Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 5825 & 5860 Dryden Trixy Brown Janice Treanor (858)410-2151 (619)330-2564 trixybrown@firstam.com CALLAWAY GOLF CO 5825 Dryden Place and 5860 Dryden Place, Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause~ all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the 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 Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered, Rrst American Tltle Insurance Company Order N-c .<\er: NCS-884078-5D Page Number: 2 It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company ' Dated as of December 14, 2017 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy and Prelim Order , .1ber: NCS-884078-SD Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Callaway Golf Company, a Delaware corporation, who acquired title as Callaway Golf Company, a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: $7,207.48, PAID Penalty: $0.00 Second Installment: $7,207.48, OPEN Penalty: $0.00 Tax Rate Area: 09104 A. P. No.: 212-091-04-00 lA. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: $25,843.97, PAID Penalty: $0.00 Second Installment: $25,843.97, OPEN Penalty: $0.00 Tax Rate Area: 09104 A. P. No.: 212-091-05-00 2. Assessments under the 1915 Bond Act, for improvement of College Boulevard. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. Rrst American Title Insurance Company Order l'i_ :--Jer: NCS-884078-SD Page Number: 4 4. An easement for public utilities and incidental purposes, recorded April 15, 1954 in Book 5205, Page 416 of Official Records. In Favor of: San Diego Gas and Electric Company. Affects: Lots 21 and 22 as shown on said Map No. 11287. A Consent Agreement dated March 9, 1998, upon the Terms, Covenants, and Conditions contained therein. Executed By and Between: San Diego Gas and Electric Company and Callaway Golf Company. Recorded: March 16, 1998 as instrument no. 1998-0141333 of Official Records. 5. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Declarant agrees to indemnify and hold the City of Carlsbad harmless from and against (1) liability for personal injury, (2) liability for property damage, and (3) liability resulting from judgments rendered in inverse condemnation actions. This indemnification shall apply to the foregoing types of liability which are caused by or result from (1) the operation of the Palomar Airport, (2) aircraft using Palomar Airport or (3) the City's approval of the Final Map for this project. This indemnification shall apply to that portion of the project located within the FAA "Ciear Zone" or "Crash Zone" as identified on the Environmental Impact Report (EIR31-6) prepared in connection with declarant's application for a Final Map for the project. This provision shall be binding upon and shall inure to the benefit of declarant's successors-in-interest, transferees, and assigns, upon the transfer or assignment of the property making up the project, declarant shall be relieved of all obligations, duties, responsibilities, and liabilities imposed upon it by this indemnification, provided that declarants successor expressly assumes such obligations. This provision shall run with the land. 6. An easement shown or dedicated on the Map as referred to in the legal description For: sewer and incidental purposes. Affects: Lots 21 and 22 as shown thereon. 7. An easement shown or dedicated on the Map as referred to in the legal description For: drainage and incidental purposes. Affects: Lot 21 as shown thereon. 8. An easement shown or dedicated on the Map as referred to in the legal description For: proposed private drainage and incidental purposes. Affects: A 15.00 foot portion of Lots 21 and 22. 9. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded September 12, 1986 as instrument no. 86-401456 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate 'Title 42, Section 3604(c), of the United States Codes. 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. First American Title Insurance Company Order, .,1ber: NCS-884078-SD Page Number: 5 An easement for common area and incidental purposes as set forth in the instrument above mentioned. The location of the easement cannot be determined from record information. Document(s) declaring modifications thereof recorded January 28, 1987 as instrument no. !l?~ 048040 of Official Records. 10. An easement for common area and incidental purposes, recorded October 31, 1986 as instrument no. 86-497819 of Official Records. In Favor of: Affects: Carlsbad Airport Centre, Owners Association, a California nonprofit mutual benefit corporation. The location of the easement cannot be determined from record information. 11. The terms and provisions contained in the document entitled "Planned Industrial Permit No. 93- 02(A)" recorded April 20, 1994 as instrument no. 1994-0260444 of Official Records. 12. The terms and provisions contained in the document entitled "Hold Harmless Agreement "Callaway Golf Test Facility"" recorded April 20, 1994 as instrument no. 1994-0260445 of Official Records. · ······ · · 13. The terms and provisions contained in the document entitled "A Notice Concerning Aircraft Environmental Impacts, Case No. PIP 93-02(A)" recorded April 20, 1994 as instrument no. 1994- 0260446 of Official Records. 14. An easement for reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities and incidental purposes, recorded September 26, 1994 as instrument no. 1994-0569933 of Official Records. In Favor of: Affects: Carlsbad Municipal Water District, a public agency. A 20.00 foot portion of Lot 21. 15. The terms and provisions contained in the document entitled "A Hold Harmless Agreement" recorded March 6, 1997 as instrument no. 1997-0098543 of Official Records. 16. The terms and provisions contained in the document entitled "Declaration of Restrictive Covenant Running with the Land" recorded June 14, 2001 as instrument no. 2001-0399150 of Official Records. 17. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded August 22, 2005 as Instrument No. I0Q5-0721916 of Official Records. 18. The interest, if any, of parties in possession of the herein described property. First American Requests that a Rent Roll/Tenant Statement be submitted, so that we may correctly disclose those interests, if any, currently in possession of the herein described property, First American Title Insurance Company Order ~-.'1'.ler: NCS-884078-5D Page Number: 6 INFORMATIONAL-NOTES ----------J 1. Prior to the issuance of any policy of title insurance, the Company will require: With respect to Callaway Golf Company, a Delaware corporation: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing. 2. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; Rrst American Title Insurance Company Order , ___ ,1ber: NCS-884078-SD Page Number: 7 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILl1Y COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance First American Title Insurance Company Order ~" . l!Jer: NCS-884078-SD Page Number: 8 on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** Rrst American Title Insurance Company ' LEGAL DESCRIPTION Order , . :1ber: NCS-884078-5D Page Number: 9 Real property in the City of Carlsbad, County of SAN DIEGO, State of California, described as follows: LOTS 21 AND 22 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN THE CHY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11_287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, MINERAL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET UNDER THE REAL PROPERTY DESCRIBED HEREIN, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY CARLSBAD PROPERTIES, A PARTNERSHIP, IN A DEED RECORDED JULY 05, 1978 AS FILE NO. 78-27913.6 OF OFFICIAL RECORDS. APN: 212-091-04-00 and 212-091-05-00 First American Title Insurance Company '-. Order ~-<:\er: NCS-884078-SD Page Number: 10 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company ' Order. .1ber: NCS-884078-SD Page Number: 11 CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (c) land use; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA 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: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Title Insurance Company 3. Title Risks: (a) that are created, allowed, or agreed to by you Order ~. 11',er: NCS-884078-SD Page Number: 12 (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) 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 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 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 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 ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: First American Title Insurance Company Order , ,iber: NCS-884078-SD Page Number: 13 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 of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is a. a fraudulent conveyance or fraudulent transfer; or b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate . and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. First American Title Insurance Company Order ~-,ber: NCS-884078-5D Page Number: 14 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIDNS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll{b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First American Title Insurance Company