HomeMy WebLinkAboutSP 2018-0001; CARLSBAD RACEWAY SPECIFIC PLAN; Specific Plan (SP)Ccityof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
{760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit D Minor
D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
t---------t
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
Ii] Specific Plan
D Zone Change
D Amendment
D Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
s,u,f-Coo~
B
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMEN,... PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
LISTED ON NEXT PAGE
LIONSHEAD AVENUE between Melrose Drive and Business Park Dr
(STREET ADDRESS)
Carlsbad Raceway Specific Plan
Specific Plan to allow the sales of an electric vehicle
ESTIMATED COMPLETION DATE
Development No. 0 €;. \) 'Z,.() \ ~ -0 0 -, I Lead Case No. sP2.il\~ -ooo .1...
P-1 Page 1 of_6 Revised 03/17
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OWNER NAME (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable) ATTN: BEN BADIEE
COMPANY NAME
(if applicable) CARLSBAD INDUSTRIAL PARK, L.P.
MAILING ADDRESS 1261 PROSPECT STREET, STE 9
CITY. STATE, ZIP LA JOLLA, CA 92037
TELEPHONE 760-500-9591
EMAIL ADDRESS BEN@BADIEEDEVELOPMENT.COM
4-/11/11
OAif: I
APPLICANT NAME (PLEASE! PRINT)
INDIVIDUAL NAME ATTN: OIANA TRAN (if applicable)
COMPANY NAME
(if applicable)· TESLA
MAILING ADDRESS 901 PAGE
CITY. STATE. ZIP FREMONr, CA 94538
TELEPHONE 510-602-0028
EMAIL ADDRESS: DIANTRAl't@TESLA.COM
I CERT:FY THAT I AM THE LEGAL ftEPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFOR,._.A TION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE
~ 04/05/2018
SIGNATURE -DA_T_E ___ _
BILL HOFMAN -HOFMAN PLANNING AND ENGINEERING
MAILING ADDRESS 3152 LIONSHEAD AVENUE
CITY. STATE, ZIP. CARLSBAD, CA 92010
TELEPHONE: 760-692-4012 ----------------------------------EMAIL ADDRESS· BHOFMAN@HOFMANPLANNING.COM / CC: MDOMINGO@HOFMANPLANNING.COM
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWL!DGE ~ ~ ,6____ 'i.,,. ~ 'J :-2P SITURE • DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBER$ OF CITY STAFF. PLANNING
COMMISSIONE=RS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE
NOTICE OF R~ST 'T'JN: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON .E. Tl E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE bF RESTRICTIONS RUN WITH
THE LANO ~N BtND A sue ORS IN INTEREST • / • J
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APR 24 2018
P-1 Page 2 of 6 Revised 03/17
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Carlsbad Raceway Specific Plan APN
2218801701
2218801000
2218800900
2218800800
2218800700
2218811200
2218811100
2218811700
2218811800
2218800100
2218800200
2218800300
2218800400
2218801600
2218810100
2218810200
2218811400
2218811500
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--Hofman
Planning & Engineering
TRANSMITTAL
To: Planning From: Marianne Domingo
Company: City of Carlsbad D For Your Information
Address: 1635 Faraday Avenue
D For Your Approval
X For Your Review
Phone: D As Requested
Date: April 24, 2018
Delivery: Hand Delivery
SUBJECT: Carlsbad Raceway Specific Plan -Lionshead Avenue -1'1 Submittal
Attached are the following items:
Copies Date
1 4-24-18 Land Use Aoolication
3 4-24-18 Specific Plan Draft
1 4-24-18 Fees
Feel free to contact me if you have any questions.
Hofman Planning & Engineering
Marianne Domingo
Assistant Planner
Tel: (760) 692-4019 Direct
Fax: (760) 692-4105
Email: mdomingo@hofmanplanning.com
Description
REC:::!VED
APR 2 4 2018
CITY OF C/'.F:LSn.P.D
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3152 Lions head Ave · Carlsbad · CA · 920 l O · 7 60-692-4 l 00 · Fax 7 60-692-4 l 05
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f l_ City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Del(_flQf2Uf_?f'J Se_rviccs
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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Applicant's statement or disclosure of certain ownership interests on all applfcations which will
require discretionary action on the part of the City Council or any appointed B(l)ard, 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 courty, city and county,
city municipality, district or other political subdivision or any other group or combinationI 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 AY:: persons having a
financial interest in the application. If the applicant includes a corporatupn 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 Diana Tran Corp/Part_T_E_S_L_A ___ _,._ ____ _
Title Design Manager Title --------------Address 901 Page Fremont, CA 94538 Address 901 PAGE, FREMONT, CA 94538
2 OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the natore 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 r -~ 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.)
1
~'.5 _ _.; Person_______ Corp/Part carl.tkad ~1r(# i2riA L .f.
J: • ... : Title
li . ------------
Title ____________ _
>~ r ; t: :·1 Address _________ _ u W-
Address 1261 PROSPECT ST, STE 9
LA JOLLA, CA 92037
P-1(A) Page 1 of 2 Revised 07110
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3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit orga(11zat1on or a trust,
list the names and addresses of AH:! person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust________ Non Profit/Trust ________ _
Title ___________ _ Title ____________ _
Address __________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards. Commissions. Committees and/or Council within the past twelve (12)
months?
D Yes ~ No If yes, please indicate person(s} ____________ _
NOTE: Attach additional sheets if necessary
I certify that all t~bov information is true and correct to the best of my knowledge . . ,,
, .,;7 ,i ~ 04/06/Z018
~.,,F,4,f,C,j~.Jl;..l(.IC,__-;.~,:.-,r.,+..~;j..1......:.._
. ) Signature of applicant/date
l J;prlshad ::f;;/i)~pw/( _rE_sLA ______ _
Print or ty: n•;; 1•r l /. Print or type name of applicant
/4/ ~:;:::.:~./Ir-~~ /#'/.
LANNING AND ENGINEERING
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
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Carlsbad
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PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: CARLSBAD RACEWAY SPECIFIC PLAN
APPLICANT NAME: TESLA I HOFMAN PLANNING AND ENGINEERING
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:
APR 2 4 2018
P-1(8) Page 1 of 1 Revised 07/10
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Project Description:
Specific Plan for the Carlsbad Raceway to include the allowance for the exclusive sales, repair
and servicing of electric car vehicles in addition to the land uses allowed by the Planned
Industrial chapter of the city's zoning ordinance, Chapter 21.34
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( City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
Dt'V mcnt Service-.
~~ . •~ .r--~ r~ FJllftM,11 Division If'--./ -.li.81s·"'~Y Avenue
APR 2 4 '?n•..J160J 602-4610
w&Ocarlsbadca.gov P-1 (C)
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I ha11e consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
0 The development pro1ect and any alternatives proposed in this application are npt contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application !!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name:TESLA
Address 901 PAGE
FREMONT, CA 94538 --------------·---------
PROPERTY OWNER
Name: -ca r1 ~'AM 'I'Y\ll\AS1t\~ ~
Add 1261 PROSPECT ST, STE 9 L-t>. ress: _________ _
LA JOLLA, CA 92037
Phone Number: 510-602-0028 Phone Number. 760-500-9591
Address of Site: 3248 LIONS HEAD AVENUE
Local Agency (City and County) CARLSBAD, SAN DIEGO COUNTY
Assessor's book. page, and parcel number _2_2_1_-_8_8_1_-_1_7_-_0_0 ____________ _
Specify list(s): ____________________________ _
Regulatory Identification Number _________________________ _
~ C) l i),j /·)1d
Applicant Signature/Date Pro
The Hazardous Waste and Substances Sites List (Cortese List) is u d 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) >'age 1 of 2
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Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of 2 Revised 02/13
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Carlsbad
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EIA INFORMATION
FORM
P-1(0)
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 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.
APR 2 4 2018
P-1(0) Page 1 of 4 Revised 07/10
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ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: _4_/~;._4-+/_l ~<£,..__ _____ (To be completed by City)
Application Number(s): -~-P~,A_O_l_~_-O_O_o_l ________________ _
General Information
1. Name of project: CARLSBAD RACEWAY SPECIFIC PLAN
2. Name of developer or project sponsor: _T_E_S_L_A ______________ _
Address: 901 Page Fremont, CA 94538
City, State, Zip Code: FREMONT, CA
Phone Number: 510-602-0028
3. Name of person to be contacted concerning this project: BILL HOFMAN
Address: 901 PAGE, FREMONT, CA 94538
City, State, Zip Code: CARLSBAD, CA 92010
Phone Number: 760-500-9591
4. Address of Project: 3248 LIONSHEAD AVENUE
Assessor's Parcel Number: 221-881-17 -00, 221-881-18-00
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: _P_I ______________ _
7. P-M Existing zoning district: _____________________ _
8. Existing land use(s): ______________________ _
9. Proposed use of site (Project for which this form is filed): ___________ _
Project Description
10. Site size: __________________________ _
11. Proposed Building square footage: __________________ _
12: Number of floors of construction: __________________ _
13. Amount of off-street parking provided: _________________ _
14. Associated projects: PRE 2018-0007 {DEV2018-0031) -TESLA
P-1(0) Page 2 of 4 Revised 07/10
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16.
17.
18.
19.
P-1(0)
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If residential, include the number of units and schedule of unit sizes: SpeciflcPlantoallowthesalesofanelectncvehicle
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
If industrial, indicate type, estimated employment per shift, and loading facilities:
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _P_RE_2_0_1s_-o_oo_r ________________ _
Page 3 of 4 Revised 07/10
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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
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ 0
roads.
22. Change in pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ 0
27. Site on filled land or on slope of 10 percent or more. □ 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0
31. Relationship to a larger project or series of projects. 0 □
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
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 and belief.
Date: 04/06/2018 S. t AJ 04/06/2018 Igna ure: ---~::..__ ___ ..,__ ________ _
For:
P-1(0) Page 4 of 4 Revised 07/10
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TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
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 call (76~02-4610.
· 04/06/2018 Applicant Signature: ____________________ _
Staff Signature: ~~
Date: ~ I
To be stapled with receipt to the application
P-1(E) Page 1 of 1
APR 24 2018
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Revised 07/10
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C City of
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www .carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you , this will result in the return of the development application as incomplete. In this case , please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: Tesla Service Center, Carlsbad, CA PROJECT ID : 52730
ADDRESS: 3248 Lionshead Ave. APN: 221-881-17, 18
The project is (check one): 0 New Development [29 Redevelopment
The total proposed disturbed area is: 100 ft2 ( 0.002 ) acres
The total proposed newly created and/or replaced impervious area is: 100 ft2 ( 0.002 ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID CB16-2158
Then, go to Step 1 and follow the instructions.
application to the city.
E-34
SWQMP#: SDP 16-02
When completed, sign the form at the end and submit this with your
Page 1 of 4
REC -IVED
APR 24 2018
CITY OF CARLSBAD
PLANNING 01v1s1or-.fEvo2116
STEP1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e .g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP 2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ [29 b) Designed and constructed to be hydraulically disconnected from paved streets or roads ;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets quidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ~
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ [Z]
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ 00 more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ ~
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ Ix]
development project includes development on any natural slope that is twenty-five percent or qreater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ [XI a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ IBl site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ ~
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ [x] shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ 00 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1 ) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ Ix]
21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinq "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information.
E-34 Page 3 of 4 REV 04/17
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (8) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP ... " and complete applicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
[X] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements , I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: Gregory Friel Applicant Title: Landscape Architect
Applicant Signature: __ 0/2~ Date: April 9, 2018
• Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
Th . B ~ C't U O I IS ox or t:V se mv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 04/17
C _)
Order Number: NCS-900304-SD
Page Number: 1
First American Title Insurance Company
National Commercial Services
April 10, 2018
John Couvillion
Badiee Development Inc.
1261 Prospect Street, Suite #9
La Jolla, CA 92037
Phone: (888)815-8886
Fax:
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
3248 Lionshead
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam.com
Vacant/3248 Lionshead Avenue, Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CL TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
First American Title Insurance Company
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Order Number: NCS-900304-SD
Page Number: 2
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
First American Title Insurance Company
,'
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Dated as of April 03, 2018 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To be determined
Order Number: NCS-900304-5D
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Carlsbad Industrial Park, LP, a Delaware limited partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee as to Parcel A, an easement as to Parcel B
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien (Notice of Annexation) recorded March 14, 2003 as Instrument No. 2003-
0289329 of Official Records.
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 3, as disclosed by Notice of
Special Tax Lien recorded November 17, 2005 as Instrument No. 2005-0998003 of Official
Records.
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
5. The terms and provisions contained in the document entitled "Road Maintenance Agreement"
recorded February 16, 1982 as Instrument No. 82-041594 of Official Records.
6. An easement for sewer lines, appurtenances and incidental purposes, recorded October 02, 1986
as Instrument No. 86-441919 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
Arst American Title Insurance Company
C ~ Order Number: NCS-900304-SD
Page Number: 4
7. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded February 11, 2004 as Instrument No. 2004-0109894 of Official Records.
8. The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridor(s) Case No: CT 98-10" recorded February 11, 2004 as Instrument No. 2004-0109898 of
Official Records.
9. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded May 27, 2004 as Instrument No. 2004-0494021 of Official Records.
10. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded May 27, 2004 as Instrument No. 2004-0494124 of Official Records.
11. An easement for pipes and sewer pipe lines, mains, manholes, sewer lateral pipes and pipe lines,
and all structures incidental thereto and incidental purposes, recorded December 9, 2004 as
Instrument No. 2004-1160412 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
12. An easement for non-exclusive sewer access easement and incidental purposes,
recorded December 9, 2004 as Instrument No. 2004-1160413 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
13. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded January 21, 2005 as Instrument No. 2005-0054704 of Official Records.
14. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded January 21, 2005 as Instrument No. 2005-0054705 of Official
Records.
15. Abutter's rights of ingress and egress to or from Lionshead Avenue, except at access openings
have been dedicated or relinquished on the map of Map No. 15013 Carlsbad Tract No. 98-10
Carlsbad Raceway of Tract Maps recorded May 03, 2005.
16. An easement shown or dedicated on the map filed or recorded May 03, 2005 as Map No. 15013
Carlsbad Tract No. 98-10 Carlsbad Raceway of Tract Maps.
For: Sight distance corridor, storm drain (access) and incidental
purposes.
17. The terms and provisions contained in the document entitled "Waiver and Consent to Creation of
a Community Facility District and Agreement to Pay Fair Share Cost of CT 98-10" recorded May 3,
2005 as Instrument No. 2005-0371021 of Official Records.
The terms and provisions contained in the document entitled "Amendment No. 1 to Waiver and
Consent to Creation of the Community Facilities District (CT 98-10)" recorded November 4, 2005
as Instrument No. 2005-0964620 of Official Records.
Arst American Title Insurance Company
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Order Number: NCS-900304-SD
Page Number: 5
18. An easement for public utilities and incidental purposes, recorded August 29, 2005 as Instrument
No. 2005-0741198 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company
As described therein
19. Covenants, conditions, restrictions and easements in the document recorded October 24, 2005
as Instrument No. 2005-0917104 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded September 12, 2006 as Instrument No.
2006-0647230 of Official Records.
20. The terms and provisions contained in the document entitled "Construction Entry Permit"
recorded March 14, 2006 as Instrument No. 2006-0175672 of Official Records.
21. The terms, provisions and easement(s) contained in the document entitled "Telecommunications
Facilities and Easement Agreement" recorded April 20, 2006 as Instrument No. 2006-0275939 of
Official Records.
22. Easements, Covenants and Conditions contained in the deed from Fenton Raceway LLC, a
California limited liability company, as Grantor, to Opus West Corporation, a Minnesota
corporation, as Grantee, recorded July 07, 2006 as Instrument No. 2006-0481185 of Official
Records. Reference being made to the document for full particulars.
23. Covenants, conditions, restrictions and easements in the document recorded August 23, 2006
as Instrument No. 2006-0601506 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
24. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded July 25, 2016 as Instrument No. 2016-0370555 of Official Records.
25. The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded September 02, 2016 as Instrument
No. 2016-0460156 of Official Records.
26. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded September 02, 2016 as Instrument No. 2016-0460157 of Official Records.
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C :J Order Number: NCS-900304-SD
Page Number: 6
27. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded September 02, 2016 as Instrument No. 2016-0460158 of Official
Records.
28. The terms and provisions contained in the document entitled "Encroachment Permit and
Maintenance and Removal Agreement" recorded September 08, 2016 as Instrument No. 2016-
0469700 of Official Records.
29. A deed of trust to secure an original indebtedness of $6,605,000.00 recorded October 10,
2016 as Instrument No. 2016-0541807 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
September 29, 2016
Carlsbad Industrial Park, LP, a Delaware limited partnership
Commonwealth Land Title Company
Pacific Premier Bank
The above deed of trust states that it is a construction deed of trust.
A document entitled "Assignment of Rents" recorded October 10, 2016 as Instrument No. 2016-
0541808 of Official Records, as additional security for the payment of the indebtedness secured
by the deed of trust.
The terms and provisions contained in the document entitled "Hazardous Substances Certificate
and Indemnity Agreement" recorded October 10, 2016 as Instrument No. 2016-0541809 of
Official Records.
30. A financing statement recorded October 10, 2016 as Instrument No. 2016-0541810 of Official
Records.
Debtor:
Secured party:
Carlsbad Industrial Park, LP
Pacific Premier Bank
31. An easement for public water and incidental purposes, recorded October 25, 2016 as Instrument
No. 2016-0574617 of Official Records.
In Favor of:
Affects:
Carlsbad Municipal Water District, a public agency organized
under the Municipal Water act of 1911, and a subsidiary district
of the City of Carlsbad, its successors and assigns
as described therein
32. An easement for sewer lines, appurtenances and access and incidental purposes, recorded March
02, 2017 as Instrument No. 2017-0098681 of Official Records.
In Favor of: The City of Vista, a Chartered Municipal Corporation
Affects: as described therein
33. Any statutory lien for labor or materials arising by reason of a work of improvement now in
progress or recently completed.
34. Water rights, claims or title to water, whether or not shown by the public records.
35. Rights of parties in possession.
First American Title Insurance Company
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Page Number: 7
INFORMATIONAL NOTES
ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your
closing.
1. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment: $9,418.11, PAID
Second Installment: $9,418.11, PAID
Tax Rate Area: 09022
APN: 221-881-18-00
(Portion of Community Facilities District included)
Affects a portion of said land.
2. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment: $11,299.14, PAID
Second Installment: $11,299.14, PAID
Tax Rate Area: 09202
APN: 221-881-17-00
(Portion of Community Facilities District included)
Affects a portion of said land.
3. The property covered by this report is vacant land.
4. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded October 10, 2016 as Instrument No. 2016-0541806 of Official Records.
From: Carlsbad Industrial Park, LP, a Delaware limited partnership, who
acquired title as Carlsbad Industrial Park, LP., a Delaware limited
partnership
To: Carlsbad Industrial Park, LP, a Delaware limited partnership
5. It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
First American Title Insurance Company
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,._)
Order Number: NCS-900304-5D
Page Number: 8
6. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
7. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
First American Title Insurance Company
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Order Number: NCS-900304-5D
Page Number: 9
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
First Amerlcan Title Insurance Company
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LEGAL DESCRIPTION
-_)
Order Number: NCS-900304-5D
Page Number: 10
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
LOT 16 OF CARLSBAD RACEWAY CARLSBAD TRACT NO. 98-10, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FINAL SUBDIVISION MAP NO.
15013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, ON MAY 3, 2005.
PARCEL B:
AN EASEMENT FOR SIGN AREAS, STREET LANDSCAPING AREAS, INSPECTION AND
ENFORCEMENT AND RE-ENTRY DESCRIBED IN THAT CERTAIN DECLARATION ESTABLISHING
COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR FENTON
RACEWAY BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON OCTOBER 24, 2005 AS INSTRUMENT NO. 2005-0917104 OF OFFICIAL
RECORDS.
APN: 221-881-17-00 (Affects a portion of the land) and 221-881-18-00 (Affects a portion of the
land)
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Order Number: NCS-900304-5D
Page Number: 11
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
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Order Number: NCS-900304-SD
Page Number: 12
CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;
(b) zoning;
(c) land use;
(d) improvements on the Land;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part 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.
S. 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.
UMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
( d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
Arst American Title Insurance Company
.--..,
,._,)
Order Number: NCS-900304-SD
Page Number: 13
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
A'rst American Title Insurance Company
----.._)
Order Number: NCS-900304-SD
Page Number: 14
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
First American Title Insurance Company
C .-.._
..._,)
Order Number: NCS-900304-SD
Page Number: 15
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Arst American Title Insurance Company