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Home My WebLink AboutCUP 2017-0010; CENTER FOR AUTISM & RELATED DISORDERS; Conditional Use Permit (CUP)(cicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue . (760) 602-4610 w,,yw.carlsbadca.gov C<'.lll..Lb 6ad, cA oog APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Penn/ts (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit l;9 Conditional Use Permit ~ Minor O Extension D Day Care (Large) OMinor D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit O Minor D Residential O Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan OMinor D Special Use Permit D Tentative Parcel Map (Minor Subdivision} D Tentative Tract Map (Major Subdivision) D Variance OMinor CMf' -Z...011-0010 . 0 General Pian Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change OAmendment OAmendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT TI-IE APPOJNlMENT SPECIALIST AT (760) 602~2723 TO SCHEDULE AN APPOINTMENT. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL N0(S): LOCATION OF PROJECT: I ; (STREET ADDRESS) NAME OF PROJECT: ~ftZ-~ ~ITT1SvJ ~ efJY1fV V,:>~ BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. '.ffi\/'2.-0\J-Ol ]1 P-1 ESTIMATED COMPLETION DATE -Lead Case No. Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME 0~ 4,vt_S INDIVIDUAL NAME r2 i cc.,do 'y..,c, I I tY c,,._ Of applicable}: I,,\, Of applicable}: COMPANY NAME ~ -C.1,1.,1\,A(Z«... P.4<:tt"lc-ftti,lSerr"IA.. LLC. COMPANY NAME C r. A . t f, I J f,t applicable}: Qfappfrcable): e~\-,, v t, h";,-<t ( Q~r \);'.'<or, , MAILING ADDRESS: 6:50 ~.ti, Va.. MAILING ADDRESS: ?-1 c;,eo O~=rd "7!::. 1 ,St,,· f-e r ls<. CITY, STATE, ZIP: 41/2-1!,,~AO cA-'12-oc.'"jj" CITY, STATE, ZIP: woodlo"d Ifill'.:! l A-qt 3(!7· TELEPHONE: ('.1~ ~ SD -O"'\"f't TELEPHONE: ( ~ I ~) (,,, {p 8 -/4 /'.I( I _ . 0 EMAIL ADDRESS: dtti~!I)~~ lom:es, .l:e:>"1 EMAILADDRESS: a.~~((UIA ~ ('.a£!\-rrk;IG\uh"<,v1.,' I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE t CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS,,IRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN lS MY AUTHORIZED REPRESENTATIVE FOR «fu) PURPOSES OF THIS APPLICATION. ~/rz./17 oro/ZI /J 1-./" / - ·;, RE DATE SIGNATURE DATE / - APPLICANTS REPRESENTATIVE (Print): II • I "l fo.ntlael{, Jr~",\,, 61,, ~< ., "' ,.., I MAILING ADDRESS: ?::\: , uuO 2.0'?4 11.4. Mivtttk Pr. 111,,+r --..J 1,. I --...v I I -. CITY, STATE, ZIP: L.. l ® d lw,i ",I\ 5 9 I 3 G;, 1-y,·,,+/( CA: q1-0e, I ' C ;% ' TELEPHONE: ijl:i\11 ife2 . )' ,~ t ,~o-11-tt, 4:'232- EMAIL ADDRESS: f .. ~~ ' l!j ~ \, . r;. <"' • 'C i B;;I i;vi:er r;;:2 1 ::Q: 1 1~1 C i:;,b ~ ~-~I-ts~ e~.tl'l~<te.tlanA=I~-( 0 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 KN E. "\ V///// Ob-2.)-1 ':} -~ . SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECQRDED ON THE TITLE TO HIS PROPERTY IF CONDmONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~ ~ER SIGNATURE FOR CITY USE ONLY p.1 Page 2 of6 .: VED AUG O 9 2017 CITY OF CAi-sLSBAD p:_,o._~~!~G '.:J!V!S!C~ DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 (·cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: __:~:::::~=-~~:::::.....::A~L-f't'i~~s-,1~4::::d0~(2:e~~~rfltl1~~D..!::1S~b~e~ta~s:._ __ APPLICANT NAME: 4~ ftl4. A~ 1:,,,.,Jo D-a.n-..o Vi~ roc . Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(8) i"~ 'y't2Wk'-r lS.. --t"'~i:E=. f:s:)1..4c4·nc:,,.,>ArL-~,Lf1'7 (ot,.. Cll-1LOQ..iu.l 1,fj\1'~ ~1,\-t\S"'\. T~ fJUl'\e.&. ~ -A~ 4.1-,L0\'2-6-J uJ TM-t-~~~'17 \> u~ Lt\o'\11'f» ~~t=a t>~ "\\ ~ ~ 'Tt.1-c:. ~0'-'I CA""t", c,µA,L 1't.£d=.S, \ S 1 Pi>c.ua~ • Page 1 of 1 Revised 07/10 {:cityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to state of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): IB The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. · D The development project and any alternatives proposed in this application fill! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Ccnror ~~ . Address: QV Av-thli~ ??ic-ivias- Name: poui,.lQ l fV\ , (Jvl s. Address: 5 51> 6 LA" e1 1->4. t:IR.. COr"~ CA I °LZ@'d I Phone Number: ]6 0 -?"JS--0;8&?(5 CAIL\ .-,. 6,v;> • C. 4 't 2a r> ~ Phone Number: 6 I.O \ "16D-'O 't '-I<-( Address of Site: 8 f '-\D Cl,,(.f'j..}1 OA €:.tu C.,u4 .$- Local Agency (City and County): C 1--r1 CJr-(f.,(Z I :>e 11P Assessor's book, page, and parcel number:._....c'2=--l_0_·_D_"1_0 __ -3_:.../ _________ _ Specify list(s):. ___________________________ _ Regulatory Identification Number: _____________________ _ Date of list:. ____________________________ _ Prop~ 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 02/13 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 ~es. . Department of Toxic Substances Control www.calepa.ca.gov/sitecieanup/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.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: ' · County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites C'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/npVnpl.htm P-1(C) Page 2 of2 Revised 02/13 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement I Certify that I am the Leaal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad 1 The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance ~proved permit. Signature Date: Ofo-J.-1-I J-- Certification Statement I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public. sidewalk. I understand that an approve:d administrative permit. shall rem~in i_n effect ~or as long as outdoor displays are permitted within the Village Review Area and the perm1ttee remains m compliance with the subject approved permit. ,,,£>~ ~ /It. /17 Signature /' / Date: ( ./ P-1 Page 3 of6 Revised 03117 {cityof Carlsbad DISCLOSURE STATEMENT P-1(A) Development 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 & persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE {NIA) 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. ___________ _ Title ___________ _ Title _____________ _ Address -----------Address ____________ _ 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 Qo1>t..(, A5 11-'1. t,,...1 5 Corp/Part. ___________ _ Title {)IZ-e."7 · Title _____________ _ Address 61:ib e, LA C..u .,~ 0.2 . Address. ____________ _ C/l"ZL:>~oo, cA-"'I. 2.ooi? Page 1 of2 Revised 07/10 •i I I . 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title. ___________ _ Title. ____________ _ Address __________ _ Address'--------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Oves ~o If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~/\~~ Utct/11- Signature of applicant/date . U)(V\Q{3{6l~ Print or type name of owner Print or type name of applicant · Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 Form No. fo68-1 (Rev. 10/17/92) Exhibit A to Preliminary Report Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE 8 EXCEPTIONS FROM COVERAGE This policy does not insure against loss 01 damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason ol 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properly or by the public records Proceedings by a public agency which may result in taxes or assessments, or notice 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 whicf1 are not shown by the public records but which could be asce1tained by an inspection ol the land or which may be asserted by persons in possession thereof 3 Easements, liens or eflcumbrances. or claims thereof, which are 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 nol lhe matters excep!ed under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and lhe Company will no! pay loss or damage, costs, attorneys' fees or expenses which arise by ,eason of. 1. (a) Ally law, ordinance or governmental regulation (i11cludi11g but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohltliting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) !he characte1, dimensions°' 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 tt1ese laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice ol a defect. lien or encumbrance resulting from a violation or alleged violallon affecting 1he land has been recorded in the public records at Dale of Policy, (b) Any governmental police power noJ excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a viola!ion or alleged violation attecting ttte land has been recorded in the public records at Date ol Policy 2. Rights ot 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 cll1ims, or olher mailers: (aJ whether or not recorded in the public records al Date of Policy, bul created, suttered, 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 lo lhe insured claimant and nOI disclosed In writing to the Company by the insured claimant p1ior to the date lhe 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 ol Polley; or (e) resulting in loss or damage which would not have otlen sustained if the insured claimant had paid value for the insured mortgage or for the estate or Interest insured by t11is policy. Unenforceability of the lien ot the insured mortgage IJecause ol the inability or failure ol the insured at Date ol Policy, or the inability or failure of any subseque11t ow11e1 of the indebtedness, to comply wilh the applicable "doing business" laws of the stale in which the land is situated. Invalidity or unenforceability oJ the lien of the insured mortgage, or claim !lrnreof, which arises out ol !he 1ransaction evidenced by lhe insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 6. Any claim, which arises out of tile transaction vesting in the insured the estate or interest insured by their policy or the 1iansaction creating lhe interest o! the insured lender, by reason of the opera/ion of federal bankruptcy, state insolvency or similar creditors' rights laws 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of lhB land, or rngulating the charactor, dimensions or localion of any improvement now or hereatter ernc!ed on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation ot any such law, ordinance or governmental regulation, RigMs of eminent domain or governmental 1ights of police power unless nolice of the exercise of such rights appears in lfle public records al Date of Policy Defecls, liens. encumbrances, adverse claims, or olher ma!ters (a) created, suffered. assumed or agreed to by the insured claimant: (b) not known to lhe Company and not shown by the public records but known lo the insured claimant either at Date o! Policy or at the date such claimant acquired an estate or internst insured by this policy and not disclosed in writing tly the insured claimant lo the Company prior to Hie date such insured claimant became an insured hereunder; (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 beeri sustained if the insured claimant had paid value for the estate or interest 1/l!lured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8 -1970 WITH REGIONAL EXCEPTIONS When the American Land Tille Association policy is used as a Standard Coverage Policy and riot as an Extended Coverage Policy the exclusions set forlh in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damacre by reason of the matters shown in parts one and two fol1cwlng· Part One: 1 Taxes or assessments which are not shown as existing liens by the records of any ~ing authority tiat levles taxes or assessments on real property 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 said laf1d or by making inquiry of persof1s in possession thcreol 3 Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, con!llcts in boundary lines, shortage in area, encroachments, or any olher facts which a correct survey would disclose, and which are not shown by public records 5. Unpatented mining claims; reseivatlons or exceptions in patents or in Acts authorizing the issuance ltlercof; water rights, claims or title !o waler. 6. Any lien, or right lo a lien, for services, labor or rnater!al heretofore or hereal!er lurnished, imposed Oy law and not shown by the public records. .\ \I !·. i; I (' FIRST AMERICAN TITLE INSURANCE COMP ANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 ORDER NO. 1263270-20 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92' 12 (619) 238-1776 APRIL 09, 2001 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET SAN DIEGO, CA 92101 ATTENTION: ANGELIQUE SIZEMORE YOUR REF. 0l-1406AS 1263270-20 OUR ORDER NO. BUYER: A VIS, DOUGLAS AND LORI IN RESPONSE TO THE HEREIN 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 MA'.' BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFEAA.ED TO AS AN EXCEPTION HEREIN 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 OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM Tiffi 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 JS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATfON AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MARCH 20, 2001 ,;.T 7:30 A.M. RALPHSNYDER -7ioii!'ICER DIRECT DIAL PHONE 231-4605 FAX NO. 231-4629 PAGE 1 ORDER NO. 1263270-20 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA OWNERS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: JOSEPH A. GALLAGHER III, TRUSTEE OF THE JOSEPH A. GALLAGHER Ill, TRUST DATED AUGUST 22, 1995 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DA TE HEREOF EXCEPTIONS TO CC'/ERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POUCY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, A LIEN NOT YET DUE OR PAY ABLE. 2. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000-2001 AMOUNT $2,578.03 OPEN, NOT YET DELINQUENT. co De AREA: 09000. A.P. NO.: 210-090-30-00. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES h,1R THE FISCAL YEAR 2000-2001 AMOUNT CODE AREA: A.P.NO.: $2,046.57 OPEN, NOT YET DELINQUENT. 09000. 210-090-31-00. 3. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4. ABUTTER'S RIGHTS OF INGRESS AND EGRESS TO OR FROM FREEWAY HAVE BEEN RELINQUISHED It! THE DOCUMENT RECORDED JUNE 18, 1965 AS INSTRUMENT NO. 108756 OF OFFICIAL RECORDS. PAGE2 ORDER NO. 1263270-20 5. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED AUGUST 28, 1969 AS INSTRUMENT Nu. 1587 I 4 OF OFFICIAL RECORDS. GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE JS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 6. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED NL Y 20, 1981 AS INSTRUMENT NO. 81-227292 OF OFFICIAL RECORDS. GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE JS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, LIENS, CHARGES, TERMS AND PROVISIONS IN THE DOCUMENT RECORDED MARCH 31, 1982 AS INSTRUMENT NO. 82-087084 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLA TJON THEREOt SHALL NOT DEFEAT OR RENDER INV AUD 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, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 U.S.C. SECTION 3604(c) OR CALIFORNIA GOVERNMENT CODE SECTION 12955. LAWFlJL RESTRICTIONS UNDER STATE AND fEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. NOTE I: A DOCUMENT DECLARING MODIFICATIONS THEREOF RECORDED NOVEMBER 21, I 99I AS INSTRUMENT NO. 91-0603502 OF OFFICIAL RECORDS. 8. THE PARCEL MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL MAP FOR FURTHER PARTICULARS. 9. THE TERMS AND PROVISIONS CONTAINED fl',/ THE DOCUMENT ENTITLED "MEMORANDUM OF SETTLEMENT AND RELEASE AGREEMENT", EXECUTED BY AND BETWEEN SIGNAL DEVELOPMENT CORP., CRAIG BOUCHER, WILLIAM S. WALKUP AND CARLSBAD COMMERCIAL CENTER ASSOCIATION, NATIONAL ASSOCIATION OF l\11USIC MERCHANTS, RECORDED APRIL 18, 1991 AS INSTRUMENT NO. 91-0176394 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 3 ORDER NO. 1263270-20 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF :t'433,800.00, RECORDED MAY 15, 1997 AS INSTRUMENT NO. 1997-0227373 O,· OFFICIAL RECORDS. DATED: MAY 12, 1997. TRUSTOR: JOSEPH A. GALLAGHER, Ill, AS TRUSTEE OF THE JOSEPH A. GALLAGHER, lll TRL3T DATED AUGUST 22, 1995 UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED AUGUST 22, 1995, VESTED AS: JOSEPH A. GALLAGHER, lll, TRUSTEE OF THE JOSEPH A. GALLAGHER Ill, TRUST DATED AUGUST 22, 1995. TRUSTEE: SCRIPPS BANK, A CALIFORNIA STATE BANKING CORPORA'llON BENEFICIARY: SCRIPPS BANK. 11. THE TERMS AND PROVISIONS CONTAINED IN THE COCUMENT ENTITLED "HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT", EXECUTED BY AND BETWEEN JOSEPH A. GALLAGHER, III TRUST DATED AUGUST 22, 1995 AND SCRIPPS BANK, RECORDED MAY 15, 1997 AS INSTRUMENT NO. 1997- 0227374 OF OFFICIAL RECORDS. 12. NOTE: AN ASSIGNMENT OF RENTS AND LEASES RECORDED MAY 15, 1997 AS INSTRUMENT NO. 1997-0227377 OF OFFICIAL RECORDS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED MAY 15, 1997 AS INSTRUMENT NO. !997-0227373, OFFICIAL RECORDS. 13. A FINANCING STATEMENT RECORDED MAY 15, 1997 AS INSTRUMENT NO. 1997- 0227378 OF OFFICIAL RECORDS. DEBTOR: THE JOSEPH A. GALLAGHER, Ill TRUST DATED AUGUST 22, 1995. SECURED PARTY: SCRIPPS BANK. SAID UCC-1 FINANCING STATEMENT IS SUBORDINATE TO THE DEED OF TRUST RECORDED SEPTEMBER I, 1997 AS FILE NO. 1997-0425137 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT CONTAINED HEREIN. 14. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $357,000.00, RECORDED SEPTEMBER 2, 1997 AS INSTRUMENT NO. 1997-0425137 OF OFFICIAL RECORDS. DATED: AUGUST 27, 1997. TRUSTOR: JOSEPH GALLAGHER III, TRUSTEE OF THE JOSEPH A. GALLAGHER Ill TRUST DATED AUGUST 22, 1995. TRUSTEE: CDC SMALL BUSINESS FIIJANCE CORP. BENEFICIARY: BENEFIT LAND TITLE INSURANCE COMPANY. NOTE I: THE BENEFICIAL INTEREST UNDER THE DEED OF TRUST WAS ASSIGNED TO UNITED STATES SMALL BUSINESS ADMINISTRATION BY ASSIGNMENT RECORDED SEPTEMBER 2, 1997 AS INSTRUMENT NO. 1997-0425138 OF OFFICIAL RECORDS. PAGE4 I .\ \I E /i I r· ORDER NO. 1263270-20 15. AN UNRECORDED LEASE DATED APRIL JO, 1997, EXECUTED BY JOSEPH GALLAGHER III, TRUSTEE OF THE JOSEPH A. GALLAGHER III TRUST DATED AUGUST 22, 1995, AS LESSOR, AND MSK MANAGEMENT, !NC. AS LESSEE, AS DISCLOSED BY A SUBORDINATION AGREEMENT RECORDED MAY 15, 1997 AS INSTRUMENT NO. 1997-0227376 AND SEPTEMBER 2, 1997 AS INSTRUMENT NO. 1997- 0425135 BOTH OF OFFICIAL RECORDS. NOTE I: A DOCUMENT RECORDED MAY 15, 1997 AS INSTk.UMENT NO. 1997- 0227376 AND SEPTEMBER 2, 1997 AS INSTRUMENT NO. 1997-0425135 BOTH OF OFFICIAL RECORDS PROVIDES THAT THE LEASE IS SUBORDINATED TO THE DEED OF TRUST WHICH WAS RECORDED MAY 15, 1997 AS INSTRUMENT NO. 1997- 0227373 AND SEPTEMBER 2, 1997 AS INSTRUMENT NO. 1997-0425137 BOTH OF OFFICIAL RECORDS. 16. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE COMPANY WILL REQUIRE: STATEMENT OF INFORMATION FROM DOUGLAS A VIS. 17. ACCORDING TO THE LATEST AVAILABLE EQUALIZED ASSESSMENT ROLL TN THE OFFICE OF THE COUNTY TAX ASSESSOR, THERE IS LOCATED ON THE LAND COMMERCIAL PROPERTY KNOWN AS 5142 AVENIDA ENCINAS, CARLSBAD, CALIFORNlA. NOTE I: ACCORDING TO THE PUBLIC RECORDS, THERE HA VE BEEN NO DEEDS CONVEYING THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF SIX MONTHS PRlOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NONE. PAGE 5 ORDER NO. 1263270-20 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCELS 7 AND 8 OF PARCEL MAP NO. 11133, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, MARCH 25, 1981, BEING A DIVISION OF PARCEL 2 OF PARCEL MAP NO. 10801, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APRJL 09, 2001 5:27 PM OM PAGE6 i' ,,. . ,I SEE PM 11133 FOR SEAR 4, DIST I* PAR 2 PER PM !1133 2• 3• •• .. •• ,. •• 9• ,o. II• PAR 3 4 0 6 7 a ,o " " '3 G~ PER $.lN Ol[GQ CQUl''lfv ASSfSSO~ MAP PM 11133 80()1( 210 PAC( 09 MAPP[D f~~ ASS(SSMENT PtJ~POS[~ Q,._, SHT. 2 ,s ' e PAA 19 c;.23AC DETAIL "p.' 1-= 200' ,s 210-09 SHT. 2 11-10-ar;., .-,_~- MAP 823-RHO /¥c,UA HEDIONDA-POR LOTH 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but no! limited to building and zoning ordinarces) restricting or regulating or prohibitin9 the occupancy, use or enjoyment of the land, or regulating the character, dimensions or local1on of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in lhe dimensions or area of the land, or the effect of any violation al any such law ordinance or governmental regulatlon. 2. Rights al eminlin/ (!amain or governmental rights of police power unless notice of the exercise of such rights appears in lhe public records al Dale al Policy. 3. Delecls, liens, encumbrances, adve1se claims, or olher matters (a) created, suffered, assumed or agreeil to by the insumd claimant, (b) not known to the Company and not shown by lhe public records but known to the insured claimant either al Oa\e ol Policy or al the dale such claimant acquired an estate or inleresl insured by this policy or acquired the in~ured mortgage and not disclosed in v.riting by the insured claimanl to the Company prior lo the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant [d) attaching or created subse(lllenl to Dale of Policy (except to the 8xtenl insurance Is afforded herein as to any slalulmy lien for labor or material or 10 th€ extent insurance is afforded herein as to assessments tor street improvements under construction or completed at Date of Policy). 4. Unenforceabillty of the lien of the insured mortgage because of failure of the insured al Dale ol Polley or of any subsequenl owner ol the indebtedness to comply wilh applicable "doing business• laws oi lhe stale in which lhe \and is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1970 WITH REGIONAL EXCEPTIONS Wheri the American land Title Association Lenders Policy is used as a Standard Coverage Policy and nol as an Extended Coverage Policy, the exclusions set 1orth in paragraph 4 above are used and the following exceptions to coverage appear in lhe policy, SCHEDULE B This policy does nol insure against loss or damage by reason of tlie matters shown in parts one and two following Part One· l Taxes or assessments which are not shown as existmg liens by !he records of any taxing authorily that levies taxes or assessments on real properly or by the public records. 2. Any facts, rights. Interests, or claims which are not shown by the public records but which could be ascertairied by an irispection of said land or by maKing inquiry of persons in possession thereof 3. Easements, claims of easement or encumbrances which are not shown by the public records 4. Discrepancies. conflicts in boundary lines, shortage in area, encroachments, or any other tacts which a correct survey would disclose, and which are not shown by public records 5. Unpatented mining claims; reservations or exceptions in paterits or in Acts authoriiing the issuance thereof: waler rights, claims or title to water 6 Any lien, or right to a lien, for serviceo, labor or material theretofore or hllrealter furnished, imposed by law and not shown by the public records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded irom the coverage of !his policy and lhe Company will nol pay loss or damage, costs, attorneys' fees or expenses which arise by reason ol: 1. (a} Any law. ordinance or governmental regulation (including bul not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to {i) lhe occupancy, use, or enjoyment or the land; (ii) the character, dimensions or location of any improvement now or herealter erected on the land; (iii) a separation in ownership or a change in lhe dimensions or area of the land or any parcel ol which the land is or was a part: or (iv) envir011mental protection, or the ettect ot any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereo! or a notice or a defect, lien or encumbrance resulting from a violation or alleged vlolatlon a!lecting the land has been recorded in the public records at Date ot Policy (b) My governmental police power not excluded by (a) above, except to the extent that a notice ot the exercise !hereof or a notice ot a deiecl, lien or flncumhrance resulting from a violalion or alleged violation affecting the land has been recorded in the public records at Date o! Policy. Rights of eminent domain unless notice of the e~ercise lhereof has been recorded in the public records al Date ot Poll~y. but not excluding from coverage any taking which has occurred prior to Dale ot Policy which would be binding on the righls of a purchaser 1or value without knowledge Defects, liens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agreed to by the insured c!a1man!; (b) not known to Lhe Company, not recorded in the public records at Date ol Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date lhe insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent lo Date of Policy (except to the exten1 that this policy insures the priority of the lien o! the insured mortgage over any s!atutory lien tor services, labor or material or !he extent in~urance Is afforded herein as to assessments !or slreet improvemenls under construe/ion or completed at date ol policy); or (e) resu!ting in loss or damage which would not have been sustained if the insured claimant had paid value tor the insured mortgage Unen!orceabili\y of the lien of the insured mortgage because of the inability or tailure ol lhe insured at Date of Policy, or the inability or failure of any subsequent owner o! the indebtedness, to comply wilh applicable "doing business" laws of the state in which the land Is situated. Invalidity or unen!orceabilily of the lien ol the Insured mortgage. or claim thereol, which arises out of the transaction evidenced by 1t1e insured mortgage and is based upon usury or any consumer cmdit nrotection or tru1h in lending law. 6. Any statutory lien lor services, labor or materials (or the claim ot priority ol any statu(ruy lien 1or services, labo1 or materials over the lien of the insured mortgage} arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not tinanced in whole or in part by proceeds o! the indebtedness secured by the insured mortgage which at Date o1 Policy the insured has advanced or is obligated to advance. Any claim, which arises out ol the transaction creating the Interest of the mortgage€ insured by thi~ policy, by reason of the operation ol federal bankruptcy, stale insolvency, or similar creditors' rights laws, that Is based on: (i) the transaction creating the interest o! lhe insured mortgagee beiflg deemed a iraudulent conveyance or traudulent transfer; or (ii) the subordination of the interest ol lhe Insured mortgagee as a result of the application of the doctrine ol equitable subordination: or (iii) the transaction creating the interest o! the insured morlgague being deemed a preferential transler except where the preferr.ntial transfer results !rom the failure: (a) to timely record the instrument ol transfer; or (bl ol such recordation to impart notice to a purchaser for value or a judgment or lien creditor 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGl~NAL EXCEPTIONS WMn the American Land Title Association policy is used as a Standard Coverage Policy and not as ~n Ex!endcj Coverage Policy the exclusions set forth in paragraph 6 above are used and !he following exceptions to coverage appear in \he policy.