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HomeMy WebLinkAboutSP 181H; Home2 Carlsbad Suites; Specific Plan (SP)£!~~~~;:, (.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 0 Coastal Development Permit (*) 0 Minor Ill Conditional Use Permit (*) 0 Minor 0 Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit (*) 0 Minor 0 Nonconforming Construction Permit 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Minor 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 1------l 1-------; 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan ~ Specific Plan 0 Zone Change (*) 0Amendment ~Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major (*) = eligible for 25% discount I.S~/1:11 H NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 212-091-1300 PROJECT NAME: , Home2 Carlsbad Suites ~~~~~~~~~-------------------------------- BRIEF DESCRIPTION OF PROJECT: 147 room hotel with guest amenities and parking on 3.85 acres BRIEF LEGAL DESCRIPTION: lot 12 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11287, filed in office of County R1ecorder of San Diego Countv,,Julv 16J 1985. LOCATi01'11 OF"PRO ECT: 1901 Wright Place ---~--------~S=TR~E~E~T~A~D~D~R~E~S~S----------------- ON THE: south SIDE OF Wright Place --~==~~~-=~=-~~-(NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Palomar Oaks Way AND Palomar Airport Road (NAME OF STREET) (NAME OF STREET) '\ .:::...,._ '~ ..__.' P-1 Page 1 of6 Revised 12/13 (; OWNER NAME (Print): KSL Wright Place Office LLC MAILING ADDRESS: 5790 Fleet Street #300 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: (760)804-5900 ~~-----------------------EMAIL ADDRESS: 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 EREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP E TH ~CATION~ <1- APPLICANT'S REPRESENTATIVE (Print): Mike Howes APPLICANT NAME (Print): Royal Hospitality Carlsbad, LLC MAILING ADDRESS: P.O. Box 3872 ---------------------------CITY, STATE, ZIP: Rancho Santa Fe, CA 92067 TELEPHONE: (858)213-1371 EMAIL ADDRESS: koongc@comcast.net (Ko0~ C.ho) DATE ----------------------------------------·----------------MAILING ADDRESS: 2888 Loker Avenue East Suite 217 CITY, STATE, ZIP: Carlsbad, CA 9201 0 TELEPHONE: 760.929.2288 X 403 EMAIL ADDRESS: mikehowes@hwplanning.com 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. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING / ECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH HE LAND AN Bl AN ESSORS IN INTEREST ( M\~\\ 'l.. ~~) PR PER Y OWNER SIGNATURE FOR CITY USE ONLY ',;- ~ " . •-'-~ DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of6 Revised 04115 (City of Carlsbad DISCLOSURE STATEMENT P-1(A) Developm~nt Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 1 0% 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 Koong Cho Corp/Part Royal Hospitality Carlsbad, LLC Title President Title ----------------------------Address P.O. Box 3872, Rancho Santa Fe, CA 92067 Address P.O. Box 3872, Rancho Santa Fe, CA 92067 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person corp/Part KSL Wright Place Office, LLC Title. ____________ _ Title ______________ _ Address __________________ _ Address 5790 Fleet Street #300 Carlsbad, CA 92008 Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of Arf:! person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. __________ _ Title ___________ _ Title ______________ _ Address _________ _ Address, _______ , ____ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes ~~~No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. Koong Cho Print or type name of owner Print or type name of applicant Signature of wner/applicant's agent if applicable/date Mike Howes Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 {city of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Home2 Carlsbad Suites APPLICANT NAME: Royal Hospitality Carlsbad, LLC pevelopment 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: See attached P-1(8) Page 1 of1 Revised 07/10 HowesWeiler &Associates LAND USE PLANNING ANil EN GIN EERJNG PROJECT DESCRIPTION Home2 Suites by Hilton Carlsbad Conditional Use Permit-CUP 15-06 Specific Plan Amendment-SP 181(H) The project site is generally located on the south side of Wright Place, north of Palomar Airport Road and east of Palomar Oaks Road. The site is vacant and has been previously graded as a part of the mass grading for the Carlsbad Airport Centre Specific Plan with slopes areas along all four sides of the property. Please see Landscape Plans for a full description of the existing vegetation to will remain along the project perimeter. Office uses are located to the north, west and east of the project site with Palomar Airport Road bordering on the south. The proposed project consists of a request for a Conditional Use Permit (CUP) and a Specific Plan Amendment to the Carlsbad Airport Centre Specific Plan SP 181 to allow for a three-story, 142-room extended-stay business hotel on the 3.85 acre site. The subject property has a General Plan designation of Planned Industrial (P I), and is zoned Planned Industrial (P-M), which allows a hotel upon issuance of a CUP. Additionally, the site is located on Lot 12 ofthe Carlsbad Airport Centre Specific Plan 181 (G), which is currently designated as an "Area 1" use area allowing for office and industrial type uses. Since the applicant is proposing a hotel use, a Specific Plan Amendment is necessary in order to re-designate Lot 12 from an "Area 1" use to an "Area 2" use that allows hotels with the approval of a Conditional Use Permit consistent with the underlying zoning of P-M on the project site. The Home2 Suites by Hilton Carlsbad proposes a three-story hotel, totaling 83,761 square feet, adhering to the design standards of Hilton Hotels will provide business and visitor serving uses including guest hotel rooms, a hotel lobby with registration and concierge, a fitness center, and a breakfast food service area. The guest room suites will contain a dining area, desk and customary guest room furniture. A swimming pool, pool deck, patio and garden will be located on the property interior along with lawn areas with seating and a small play area. The massing, orientation, and architectural design of the proposed hotel incorporate a variety of methods to improve the visual impacts of the proposed project. These design elements include a variety of building accent features, and varied muted exterior accent colors. All roof equipment and outdoor storage areas will be screened from Palomar Airport Road and surrounding properties through on-site landscaping and building orientation. The roof height shown on the architectural elevations is 33 feet. The various parapets and architectural tower features extend up to a maximum of 44 feet. HowesWeiler &Associates LAND USE PLANNING AND ENGINEERING The hotel proposes 158 parking spaces to be located around the hotel perimeter. Landscaping will be provided throughout. The City of Carlsbad Parking Ordinance Section 21.44.020 requires 1.2 spaces per hotel room which would result in 171 spaces. Included with this proposal is a parking study prepared by Darnell and Associates, December 15, 2015 (attached}. Darnell and Associates conducted an analysis of the parking needs of similar business extended-stay hotels in Carlsbad. The study concluded that the proposed parking of 158 spaces will provide ample parking for the Home2 Suites by Hilton Carlsbad hotel. Additionally, attached is a letter from Hilton Hotels (October 15, 2015) describing the parking needs for business hotels in markets very similar to Carlsbad. According to the Senior Director of Development, a typical Hilton Hotel parking ratio of 1.0 spaces per room provides ample parking for guests. Based on the parking study, and the Hilton letter, the project is requesting a 13 parking space reduction. This would result in a parking ratio of 1.11. Similar to several other hotels in this area, the proposed Home2 Carlsbad Suites Hotel will be located in close proximity to Palomar Airport. The McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP} shows that this site is located in Safety Zone 6 which does not place any restrictions on hotel uses. The FAA Part 77 documentation has been submitted to the FAA and has a project number of RFTA-000350842-15 and has been assigned the Aeronautical Study Number (ASN) of 2015-AWP-11922-0E. 2 HOME2 SUITES-SPECIFIC PLAN AMENDMENT SP 181(H) Response to Item 1 from the letter dated September 29, 2015 prepared by Mr. Jason Goff. PROJECT DESCRIPTION The proposed project consists of a request for a Conditional Use Permit (CUP) and a Specific Plan Amendment to the Carlsbad Airport Centre Specific Plan SP 181 to allow for a three-story, 142-room extended-stay business hotel on the 3.85 acre site. The subject property has a General Plan designation of Planned Industrial (P 1), and is zoned Planned Industrial (P-M), which allows a hotel upon issuance of a CUP. Additionally, the site is located on Lot 12 of the Carlsbad Airport Centre Specific Plan 181 (G), which is currently designated as an "Area 1" use area allowing for office and industrial type uses. Since the applicant is proposing a hotel use, a Specific Plan Amendment is necessary in order to re-designate Lot 12 from an "Area 1" use to an "Area 2" use that allows hotels with the approval of a Conditional Use Permit consistent with the underlying zoning of P-M on the project site. Changing the designation of Lot 12 from Area 1 to Area 2 is consistent with previous Specific Plan Amendments that allowed for the re-location of Area 2 uses and placed them closer to the perimeter of the business park to attract users from both inside and outside the park. However, it should be noted that several Area 2 lots have been developed with Area 1 uses (offices), parking lots, or have been deleted from the Specific Plan and therefore the overall acreage in the Specific Plan for Area 2 uses will not increase. For a full description of these amendments, please see below. AIRPORT BUSINESS CENTER SPECIFIC PLAN SP 181 City Council approved Ordinance 9635 approving Airport Business Center Specific Plan 181 August 3, 1982. In association with the creation of the Specific Plan was the subdivision of the 330 acre property into 77 industrial lots per Tentative Map CT 81-46. Since the approval of the Specific Plan and recordation of the Final map in 1985, the Specific Plan lots have been improved with build-ready lots, buildings, and a network of streets and sidewalks. Specific Plan 181 designated eight lots totaling 21.4 acres for Area 2 commercial uses. CARLSBAD AIRPORT CENTRE SPECIFIC PLAN SP 181(A) October 22, 1991 SPA 181(A) was a request to revise the designation/location of various lots within the Specific Plan. The redesignation resulted in a reduction of the total acres for lots with an Area 2 (commercial) designation and relocated some of the Area 2 lots to the permimeter of the business park. According to the Staff Report, the "proposed redesignation would focus commercial uses to the perimeter of the park." Specific Plan Amendment reduced the acreage of commercial lots from 21.4 acres to 17.1 acres. Five lots in the center ofthe business park (lots 18, 43, 44, 45, and 49) were changed from an Area 2 (commercial) designat~on to an Area 1 (industrial) designation. Lot 29 was changed from an Area 1 designation to an Area 2 designation. There were no revisions to the allowed uses within Area 1 or Area 2. However, there changes to the text of the Specific Plan involving clarification and modification of some wording as well as inclusion of new wording to govern architecture in the park and signage along Palomar Airport Road. The applicant requested this change to respond to market conditions. The Project was found to be consistent with the intent and purposes of the original Specific Plan 181. Commercial uses were originally intended to serve the business park, and commercial lots were scattered throughout the park. The staff report noted that the relocation of commercial lots along the periphery of the park rather than the interior positions they previously occupied would result in the attraction of users from both inside and outside the business park. Also, during this amendment the name changed from "Airport Business Center" to "Carlsbad Airport Centre". CARLSBAD AIRPORT CENTRE SPECIFIC PLAN AMENDMENT 181(B). October 13, ll998 This Specific Plan Amendment eliminated the general plan amendment requirement for hotel, motel and theater uses and the site development plan requirement for all commercial uses permitted within the Carlsbad Airport Centre Specific Plan. Specific Plan Amendment 181{B) maintained the requirement that a conditional use permit be processed and approved for all future "commercial uses" proposed within the Carlsbad Airport Centre Specific Plan. This Specific Plan Amendment also included the General Plan Amendment (GPA 98-02) to convert 0.57 acres of adjacent disturbed Open Space to Planned Industrial use to provide more parking for the proposed 145-room Marriott Hotel on portions of Lot 26 and Lot 28 along Owens Avenue. CARLSBAD AIRPORT CENTRE SPECIFIC PLAN SP 181(C) March 6, 2001 The Specific Plan was amended to revise the parking and sign requirements for consistency with Carlsbad Municipal Code 21.41 and 21.44. CARLSBAD AIRPORT CENTRE SPECIFIC PLAN SP 181(D) AND (E) Both Specific Plan Amendments were withdrawn. CARLSBAD AIRPORT CENTRE SPECIFIC PLAN SP 181(F) August 14, 2007 This Specific Plan Amendment modified Section Ill. Permitted Uses, Area 1, to add 'Educational facilities, Other" as a permitted use in Area 1 subject to approval of a Minor Conditional Use Permit to allow the San Diego Golf Academy to occupy a portion of an existing industrial/office building located within the boundaries of the Specific Plan. CARLSBAD AIRPORT SPECIFIC PLAN SP 181 (G) September 15, 2010 Area 3/Phase 3 of the Carlsbad Airport Centre Specific Plan was acquired by the City of Carlsbad and developed as part of the City of Carlsbad municipal golf course. Specific Plan 181(G) removed Area 3/ Phase 3 from the Carlsbad Airport Centre Specific Plan. This SP 181 removed a total of 118 acres from the Carlsbad Airport Specific plan, including 2.394 acre lot 54, designated as commercial Area 2 in the original Specific Plan 181. PROPOSED CARLSBAD AIRPORT SPECIFIC PLAN SP 181(H) Carlsbad Airport Centre Specific Plan Amendment SP 181(H) is a request to allow a change in designation on Lot 12 along Wright Place from an Area 1 use to an Area 2 use to allow for the development of a 142-room, three story extended-stay business hotel. Area 2 commercial uses in the Carlsbad Airport Centre Specific Plan require approval of a Conditional Use Permit, consistent with the underlying P-M zoning of the property which allows hotels with the approval of a Conditional Use Permit. Redesignating Lot 12 from an Area 1 use to an Area 2 use is consistent with past Specific Plan Amendments to locate commercial uses in the periphery of the business park for accessibility for patrons both inside and outside the park. Currently, several Carlsbad Airport Centre Area 2 designated lots are developed with Area 1 uses (office uses on Lot 7, and portions of Lot 28), and Lot 29 is currently used as airport parking, leaving the actual Area 2 use in the business park limited to just a portion of Lot 28. This portion of Lot 28 has been developed with the 145 room Marriott Hotel. Based on previous amendments to the Specific Plan, it is clear that the intent of the Carlsbad Airport Centre Specific Plan is to allow for commercial type uses near the periphery of the business park. In addition, with the redesignation of Lot 12 to an Area 2 commercial designation, the total Area 2 acreage will be 18.53 areas thus resulting in no net increase to the Area 2 designated areas from the original Specific Plan (SP 181) of 21.4 acres. As a part of the proposed Carlsbad Airport Specific Plan SP 181(H), replacement sheets are provided for the Cover page, for the acknowledgment page and for the revise Figure 7 on page 30 of the Specific Plan. No other pages in the Specific Plan were revised. t,;; {._City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C} Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov 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): Ill 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 ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Royal Hospitality Carlsbad, LLC Address: P. 0. Box 3872 Rancho Santa Fe, CA 92067 Phone Number: (858)213-1371 Address of Site: 1901 Wright Place PROPERTY OWNER Name: KSL Wright Place Office, LLC Address: 5790 Fleet Street #300 Carlsbad, CA 912008 Phone Number: (760)804-5900 Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number:_2_1_2_-_0_9_1_-_1_3_0_0 ____________ _ Specify list(s):_n_l_a ___________________________ _ Regulatory Identification Number:_n_l_a _____________________ _ Date of List n/a ------------------------------------------------------- The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02113 (City of Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Develo1J.ment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption} will be required to be prepared for your application, per the California Environmental Quality Act (CEQA} and Title 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(0) Page 1 of4 Revised 07/1 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: _0=---.....,3""-'/_----~.:15._.,_ _____ (To be completed by City) Application Number(s): CUP 15 ~ Q Co General Information 1. Name of project: Home2 Carlsbad 2. Name of developer or project sponsor: Royal Hospitality Carlsbad, LLC Address: P .0. Box 3872 City, state, Zip Code: Rancho Santa Fe, CA 92067 Phone Number: (858}213-1371 3. Name of person to be contacted concerning this project: Mike Howes ------------------------ Address: 2888 Loker Avenue East, Suite 217 City, state, Zip Code: Carlsbad, CA 92010 Phone Number: 760.929.2288 4. Address of Project: 1901 Wright Place, Carlsbad, CA 92008 5. 6. 7. 8. 9. Assessor's Parcel Number: 212-091-1300 -------------------------------- ~ist a~d describe any other related permits and other public approvals required for this project 1ncludmg those required by city, regional, state and federal agencies: ' Conditional Use Permit Existing General Plan Land use Designation: PI Planned Industrial Existing zoning district: P-M Planned Industrial Zone Existing land use(s): vacant lot ----------------------------------- Proposed use of site (Project for which this form is filed): Hotel and guest parking Project Description 10. Site size: 3.85 acres ---------------------------------------- 11. Proposed Building square footage: 88 '254 sq · ft ------~------------------------ 12: Number of floors of construction: three (3) ---~~------------------------- 13. Amount of off-street parking provided: _1_7_7 __ s...;;..p_a_c_e_s __________________ _ 14. Associated projects: n/a --------------------------------------- P-1(0) Page2 of4 Revised 07/10 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: n/a 17. If industrial, indicate type, estimated employment per shift, and loading facilities: n/a 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: n/a 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: The subject property is zoned Planned Industrial (P-M), which allows a hotel upon issuance of a conditional use permit. P-1 (D) Page 3 of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 IZl alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D IZl roads. 22. Change in pattern, scale or character of general area of project. D IZl 23. Significant amounts of solid waste or litter. D IZ] 24. Change in dust, ash, smoke, fumes or odors in vicinity. D IZ] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 1Zl alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. 0 D 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D IZ] 31. Relationship to a larger project or series of projects. D 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge a?_ ~ Date: fh r/J5 Signature -=--~-"---..~~-" -=--~-- For: P-1(0) Page4 of4 Revised 07/10 Environmental Impact Assessment Environmental Setting Home2 Carlsbad Suites 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 proposed project site is a vacant parcel consisting of non-native vegetation. The property is located within the Airport Centre Specific Plan boundary in the City of Carlsbad, southwest of the McClellan-Palomar Airport. The site was previously graded and is bounded by existing cut and fill slopes along the eastern property boundary (descending from the adjacent properties parking lot), the southern property boundary (descending to Palomar Airport Road) and the western property boundary (descending to Palomar Oaks Way). The slopes surrounding the site are heavily landscaped with groundcover, shrubs and trees. The proposed hotel, associated features, and landscaping will result in development of the graded pad on the site. See attached photos. 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 bordered by Palomar Airport Road to the south, and Office/Industrial land uses surround the remainder of the project site. See attached photos. ENVIRONMENTAL IMPACT ASSESSMENT VIEW OF PROJECT SITE LOOKING SOUTH TOWARD PALOMARAIRPORT ROAD PROJECT SITE EASTERN EDGE ENVIRONMENTAL IMPACT ASSESSMENT VIEW LOOKING SOUTH TOWARDS PALOMAR AIRPORT ROAD FROM PALOMAR OAKS WAY VIEW LOOKING TOWARDS SITE FROM PALOMAR OAKS WAY WRIGHT PLACE -VIEW EAST OF SITE WRIGHT PLACE -VIEW WEST OF SITE ACROSS PALOMAR OAKS WAY ll::,· (_ Cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca .gov 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 $-4610. . -~· .l.~~--.._~~~--- Applicant Signature: · t L;·-~ \; i J ,. Staff Signature: thtL!J/J ~ Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07110 P-------------------------/~~·----------------------------~u··----------------------------~ l~) .;!,.."',,, ,, ~City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 DeveloRment Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2). Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? YES NO Itt you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is i NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my I project does not meet PDP requirements" and complete applicant information. I /It you answered "no" to both questions, then go to Step 2. E-34 Page 1 of3 Effective 6/27/13 (City of Is bad STORM WATER STANDARDS QUESTIONNAIRE E-34 land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov ITo determine if your project is a priority development project, please answer the following questions: I YES 11. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively ~ over the entire project site? This includes commercial, industrial, residential, mixed-use, and public I develoe.ment e.rojects on e.ublic or e.rivate land. i 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire I project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, i industrial, residential, mixed-use, and public development projects on public or private land. 13. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared -./ I foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared I foods and drinks for immediate consumption. 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or greater. 15. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface I collectively over the entire project site and supports a parking lot. A parking lot is 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 5,000 square feet or more of impervious surface I collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, I road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. i7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of I impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive I Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less I from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the I project to the ESA (Le. not commingles with flows from adiacent lands).* 18. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a I facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. J i 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's I I that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of I 100 or more vehicles per day. ' I I 110.1s your project a new or redevelopment project that results in the disturbance of one or more acres of land and '"' 1 are expected to generate pollutants post construction? I /11.1s your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of I impervious surface or (2) increases impervious surface on the property by more than 10%? NO " ~ ~ .../ " " Iff you answered yes to one or more of the above questions, you ARE a pnonty development proJect and are therefore subject to ,implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such 'jas source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this !questionnaire, check the "my project meets POP requirements" box and complete applicant information. I I I ! I I I I i I I I j 1 \If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject toj jimplementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for alii ! development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to stepl 4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant! 1information. 1 E-34 Page 2 of 3 Effective 6/27113 (City of arlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 f}evelqpme_nt ~ft!vice~ land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Go to step 4, 'f/' My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. 0 My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Accessor's Parcel Number(s): 212-091-1300 Applicant Title: P .d t rest en Date: This Box for City Use Only City Concurrence: By: Date: Project ID: l YES I NO I I * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994} and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27113 -@Chicago Title Company 4041 MacArthur, Suite 400, Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00040460-002-KP Chicago Title Company 4041 MacArthur Blvd., Suite 400 Newport Beach, CA 92660 ATTN: Karen L. Price Email: karen. price@ctt.com Escrow/Customer Phone: (949) 724-3100 Title Officer: Susie George Title Officer Phone: (949) 724-3117 Title Officer Fax: (949) 258-5237 Title Officer Email: susie.george@ctt.com PROPERTY: 1901 WRIGHT PLACE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read tile exceptions shown or referred to herein and tile exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of tile title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, dejects and encumbrances ojj"ecting title to tile land. Chicago Title Company !ly Authorized Signature CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 1 ~Chicago Title Company 4041 MacArthur, Suite 400, Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 PRELIMINARY REPORT EFFECTIVE DATE: June 24, 2015 at 7:30 a.m. ORDER NO.: 00040460-002-KP The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Owner's Policy (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) A Easement(s) more fully described below as to Parcel(s) B 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: KSL WRIGHT PLACE OFFICE 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. CL TA Preliminary Report Form -Modified ( 11117/06) Page2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00040460-002-KP THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 12 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TI-IEREOF NO. 11287, 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 DEPTII OF 500 FEET UNDER THE REAL PROPERTY DESCRIBED THEREIN, WITIIOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY CARLSBAD PROPERTIES, A PARTNERSHIP, IN A DEED RECORDED JULY 5, 1978 AS INSTRUMENT NO. 78-279136, OF OFFICIAL RECORDS. PARCELB: NON-EXCLUSIVE EASEMENTS FOR THE INSTALLATION, REPAIR, AND MAINTENANCE OF SANITARY SEWER, DRAINAGE FACILITIES AND WALKWAYS AND ALSO FOR AN EASEMENT OVER ALL ADJOINING UNITS AND THE COMMON AREA FOR THE PURPOSE OF ACCOMMODATING ANY ENCROACHMENT DUE TO ENGINEERING ERRORS IN ORIGINAL CONSTRUCTION, SETTLEMENT OR SHIFTING OF THE BUILDINGS, OR ANY OTHER CAUSE, AS SET FORTH DEFINED, DESCRIBED AND GRANTED IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS CARLSBAD AIRPORT CENTRE SAN DIEGO COUNTY, CALIFORNIA" RECORDED SEPTEMBER 12, 1986 AS INSTRUMENT NO. 86-401456, OF OFFICIAL RECORDS. APN: 212-091-13 CLTA Preliminary Report Form-Modified (11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00040460-002-KP 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: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015-2016. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. An Agreement and the terms and conditions as contained therein Dated: By and between: Recording Date: Recording No: Regarding: October 29, 1980 Palomar Business Park D. B. A. Airport Business Center Carlsbad and the City of Carlsbad, a municipal corporation November 16, 1981 as Instrument No. 81-361926, Official Records For the payment of a public facilities fee Reference is made to said document for full particulars. 2. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement May 14,1984 Palomar Business Par, a joint venture and the City of Carlsbad June 7, 1984 as Instrument No. 84-214355, Official Records Reference is hereby made to said document for full particulars. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: 11287 A proposed 15' drainage As shown on said Map 4. 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 said map/plat. Affects: Said land adjacent to Palomar Airport Road and Palomar Oaks Drive as shown on said map. Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. CL T A Preliminary Report Form -Modified ( 11117 /06) Page4 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00040460-002-KP EXCEPTIONS (Continued) 5. 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: September 12, 1986 Recording No: as Instrument No. 86-0401456, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recording Date: January 28, 1987 Recording No: as Instrument No. 87-048040, Official Records 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress, egress June 12, 1987 as Instrument No. 87-328080, Official Records A portion of said land as more particularly described in said document. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Carlsbad Municipal Water District Purpose: Pipelines, pumping facilities, structures designated to control the flow of water and all facilities and structures associated with said use Recording Date: October 7, 1994 Recording No: as Instrument No. 1994-0593470, Official Records Affects: A portion of said land as more particularly described in said document. 8. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded Januarv 12,2009 as Instrument No. 2009-0012273, Official Records. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The Realty Associates Fund V, L.P. Drainage July 22, 2009 as Instrument No. 2009-0404649, Official Records A portion of said land as more particularly described in said document. CLTA Preliminary Report Form-Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00040460-002-KP 10. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road Transportation Corridor(s) Case No: PIP 08-01, KISCO Home Office KSL Wright Place Office LLC, a California limited liability company and City of Carlsbad June 29, 2012 as Instrument No. 2012-0379993, Official Records Reference is hereby made to said document for full particulars. 11. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 12. Water rights, claims or title to water, whether or not disclosed by the public records. 13. 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. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 14. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 15. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE TIDS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified (11117 /06) Page6 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00040460-002-KP 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: KSL Wright Place Office LLC, a California limited liability company 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 aU amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified ( 11/17 /06) Page7 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00040460-002-KP 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 212-091-13-00 2014-2015 $30,556.55 $30,556.55 0.00 09104 2. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Susie George/maf CL TA Preliminary Report Form -Modified (11/17/06) Page8 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. 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You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice Effective: May I, 2015 Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as mE WEBSITE IS NOT INTENDED FOR CIDLDREN UNDER 13 THAT ARE UNACCOMPANIED BY IDS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and carmot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Infonnation with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notiJying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you carmot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the marmer specified at the end of this Privacy Notice. We ask individuals to identifY themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address • UserName • Password • Loan Number • Social Security Number -masked upon entry • Email Address • Three Security Questions and Answers • IP Address The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. Privacy Notice Effective: May 1, 2015 CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided "as is" and "as available" for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re-performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signifY your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 60 l Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY 1, 2015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the 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 CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company 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. 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 Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (04-08-14) 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: L (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: L 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 (12-02-13) 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: L Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FO ... <i, Attachment One (Revised 06-05-14) c. land use; d. improvements on the Land; e. land division; and £ environmental protection. This Exclusion does not limitthe 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. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE $10,000.00 $25,000.00 $25,000.00 $5,000.00 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 govermnental 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 govermnental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govermnental 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; ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FOI:Vvl, Attachment One (Revised 06-05-14) (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modifY or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B -Part II, 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: PART I 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: l. (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. PARTD In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1( a) does not modifY or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modifY or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT F0hd1, Attachment One (Revised 06-05-14) 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: 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: 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (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. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-B) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision 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, 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. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FO.~<i, Attachment One (Revised 06-05-14) 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. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 09 ~ ~ t'< ... ~ I ~ <i ~I ·"' ~~ "' ~ 23 0 4.73AC 22 0 4.75AC ~ ~ SAN DIEGO COUNTY 4R_1 ASSESSOfl'S M~p S00~.2!2.,PAGE.09 SHT. J OF 3 @D OPEN SPACE 'i 16 ® ut..2D 11.74AC THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. to L~B~ITY ~ ASSLMED FOR ThE ACCURACY OF THE DATA SHOWN. ASSESSOil1; PARCELS MAY fOT C(}.1PlY WITH LOCAL SUBOMSON OR BuLO!tG ORDINANCES. 212-09 \ 1"=200' This Map Is being furnished as a convenience to locate the herein described land In relation to adjoining streets and other lands. The Company does not guarantee dimensions, distances, bearings,or acreage stated thereon, nor is it intended to lllustrete legal building sites or supersede City or County ordinances, I.e. zoning and building codes, etc. Official Information concerning the use of any parcel should be obtained fl'om local government agencies . 9/20/13 JMA. -1 .<.:71.32 CHANGES BLK tJ1 N57 55'35"W 604.75 426.23 556.22 MAP 11287-CARLSBAD TCT. NO. 81-46lUNiT NO.Il ROS 1"0466 OLD ~ /Q•/2. 14-16 20Al21 23&:24 NEW YR CUT , .. 17 8(,1~ IB,tt~ 723$ 20-22 99 1689 23&24 00 1253 25&26 00 1936 OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at b. further described as follows: See Preliminary Report/Commitment No. 00040460-002-KP-SG4 for full legal description (the "Land"). Declarant is the _____________ of _________________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 00040460-002-KP-SG4 for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnifY and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code fmancing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as ____________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnifY the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at Signature:------------- MISC0220.doc-Owner's Declaration (Rev. 05/05/15) City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllfllllllll!lllllill~fllllllllll/lllfl~lllllllllllll/1111 ~pplicant: HOWES WEILER & ASSOCIATES/HOWES MIKE Description Amount SP00181H 1,837.22 1901 WRIGHT PL CBAD Receipt Number: R0114061 Transaction ID: R0114061 Transaction Date: 12/28/2015 Pay Type Method Description Amount >ayment Check 1,837.22 Transaction Amount: 1,837.22 " City of Carlsbad Faraday Center Faraday Cashiering 001 1524301-1 08/31/2015 32 Mon. Aug 31, 2015 02:06PM Receipt Ref Nbr: R1524301-1/0017 PERMITS -PERMITS Tran Ref Nbr: 152430101 0017 0018 Trans/Rcpt#: R0111270 SET #: CUP15006 Amount: Item Subtotal : Item Total: ITEt1(S) TOTAL: Check (Chk.# 005436) Tota·l Received: Have a nice day! 1 @ $4,812.23 $4,812.23 $4,812.23 $4,812.23 $4,812.23 $4,812.23 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: ROYAL HOSPITALITY CARLSBAD LLC Description Amount CUP15006 4,812.23 Receipt Number: R0111270 Transaction ID: R0111270 Transaction Date: 08/31/2015 Pay Type Method Description Amount Payment Check 4,812.23 Transaction Amount: 4,812.23 City of Car'lsbad Faraday Center Faraday Cashiering 001 1536201-2 12/28/2015 149 Mon, Dec 28, 2015 03:47 P~1 Receipt Ref Nbr: R1536201-2/0061 PERMITS -PERMITS Tran Ref Nbr: 153620102 0061 0071 Trans/Rcpt#: R0114061 SET #: SPOO'I81 H Amount: Item Subtotal : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 005503) Total Received: Have a nice day! 1 @ $1,837.22 $1,837.22 $1,837.22 $1,837.22 $1,837.22 $1,837.22 **************CUSTOMER COPY************* j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: HOWES WEILER & ASSOCIATES/HOWES MIKE Description Amount SP00181H 1,837.22 1901 WRIGHT PL CBAD Receipt Number: R0114061 Transaction ID: R0114061 Transaction Date: 12/28/2015 Pay Type Method Description Amount Payment Check 1,837.22 Transaction Amount: 1,837.22 / ---