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HomeMy WebLinkAboutSDP 2019-0015; JEFFERSON STREET APARTMENTS; Site Development Plan (SDP)L ------------------------------- {'city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits ~ Coastal Development Permit 0Minor □ Conditional Use Permit 0Minor D Extension • □ Day Care (Large) □ Environmental Impact Assessment □ Habitat Management Permit 0Minor □ HIiiside Development Permit 0Minor □ Nonconforming Construction Permit □ Planned Development Permit 0Minor 0 Residential D Non-Residential □ Planning Commission Determination □ Reasonable Accommodation ~ Site Development Plan 0Minor □ Special Use Permit □ Tentative Parcel Map (Minor Subdivision) □ Tentative Tract Map (Major Subdivision) □ Variance 0Minor c..pf'10l'\-001} ;;c;t?20'!\-00\7 D General Plan Amendment D Local Coaetal Program Amendment 0 Master Plan D Specific Plan 0 Zone Change □Amendment □Amendment 0 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 0 Administrative O Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. 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 203-351-12 & 203-351-13 3039 Jefferson Street (STREET ADDRESS) Jefferson Street Apartments Mixed-Use Commercial & Multifamily Residential Apartments 6.5 Million ESTIMATED COMPLETION DATE Winter 2021 Development No. t;::::8/2()\t\, -0\S,b Lead Case No. $0£20\B. -00\i> P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME Kambiz Marashi (if applicable): COMPANY NAME (if applicable): Sonny Investments, LLC MAILING ADDRESS: PO Box 3277 -------------CI TY, STATE, ZIP: Beverly Hills, CA 90212 TELEPHONE: 760-497-1532 EMAIL ADDRESS: kambiz@mararealestate.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET F. R H HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PU S F IS APPLICATION. 7✓21/2021 DATE APPLICANT NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: (PLEASE PRINT) Bejan Arfaa Bejan Arfaa Architects 2900 4th Avenue Suite 110 San Diego, CA. 92193 619-293-3118 EMAIL ADDRESS: bejan@idm.sdcoxmail.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL T~AsOVE INFORMATION IS TRUE AND CORRECT TO THE B5'5;'~t MY~OWLEDGE. ( / /1 I / 11/ . '¼r 12/14/19 DATE APPLICANTS REPRESENTATIVE (Print): Bejan Arfaa Architects -----------------------------MA I LING ADDRESS: 2900 4th Avenue Suite 110 c1TY, STATE, z1P: San Diego, CA. 92193 TELEPHONE: 619-293-3118 EMAIL ADDRESS: bejan@idm.sdcoxmail.com I CERTIFY THAT I AM,l)'iE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES ___ QF THf?,'.;1APPLICATION AND THAT ALL THE ABOVE INFORMA !!£. f"/ IS., T. ')"'E AND CORRECT TO THE BEST OF MY KNOWL.E/E: / . _,,;.:.:.., _. /'i.,: . 12/14/19 SIG~p' 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 RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LA Bl D ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of8 R r.:· r~ ii~., r,7 f ED I(:\~~· ~-: ~ ~ -~~ -- J LJ L 21 2021 CITY 01-: CJ\~~L.SBAD DATE if~~ ~~~[,dxt)8~ ~CEIVED RECEIVED BY: Revised 10/20 • a OWNER NAME {PLEASE PRINT) INDIVIDUAL NAME li 35 ~ (if applicable):11m; Q 7 ,o. k,,i COMPANY NAME ~ (if applicable): 1 · · MAILING ADDRESS ;::z=~:;; ·, L,,0 CITY,STATE,ZIP, : ~: 1J. TELEPHONE 6~?.,;~;;:; i EMAIL ADDRESS: ..,d1 .t,1"tJeebetkef·t9 Aat,6,,,t I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET F RTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PU SES OF TH PP TION. ~~,.,., 71r1,. APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE R PURPOSES OF THIS APP INFORMATION IS TRUE A KN APPLICANT NAME INDIVIDUAL NAME {if applicable): COMPANY NAME (if applicable): 0 (PLEASE PRINT) MAILING ADDRESS:~~12.A~~~~~'J!.~-- CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I A AND THAT ALL THE A THE BEST OF MY K L REPRESENTATIVE OF THE OWNER FORMATION IS TRUE AND CORRECT TO GE. 12-I4/fet DATE IN THE PROCESS O PPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONER IL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. ENTRY FOR THIS PURPOSE. NOTICE . PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING R PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH IN INTEREST. p., Page 2 of 6 DAT Rf~ :1" r~7 ,iVE D DEC 18 2019 RECEIVED BY: Revised 03/17 CEIVED C 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 ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Kambiz Marashi Corp/Part Sonny Investments, LLC Title Managing Member Title --------------Address PO Box 3277 Beverly Hills, CA 90212 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 Kambiz Marashi Corp/Part Sonny Investments, LLC Title Managing Member Title -------------- Address PO Box 3277 Beverly Hills, CA 90212 Address ____________ _ Page 1 of 2 Revised 07/10 3. .... NON-PROFIT ORGAN~TION 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 Profitrrrust Non Profitrrrust ----------------Title __________ _ Tit I e ____________ _ 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 l■I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. s(ldr o~er;ate ,~ ~p~;C::udate Kambiz Marashi Kambiz Marashi Print or type name of applicant Si Bejan Arfaa Applicant Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 C cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .Carlsbad ca .gov Applicant's statement or disclosure of certain ownership interests on all applications whic require discretionary action on the part of the City Council or any appointed Board, Com or Committee. The following information MUST be disclosed at the time of application submittal. cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association organization, corporation, estate, trust, receiver, syndicate, in this and any other nty, city and county, city municipality, district or other political subdivision or any other group or comb· tion acting as a unit." Agents may sign this document; however, the legal name and entity of the pl~nt and property owner must be provided below. . , 1. APPLICANT (Not the applicant's agent) '-"' Provide the COMPLETE, LEGAL names and addr se~~ persons having a financial interest in the application. If the ap·~ i udAa~orporation or partnership. include the names, titles, addresses of , ~ a~o ing more than 10% of the shares. IF NO INDIVIDUALS OWN M~~I OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A).......Milllllllll'7 ELOW. If a publicly-owned corporation, include the names, titl ~,~ es of the corporate officers. (A separate page may be attached if ne1.,-._:1:::>ic::1,1.- Person.O.r. Qn.iGo Bak:oF art Pftvate-PrnpertieSTL-& le -------------- Address RG-BO'x-66~oway,-C~207 4 2. OWNER (Not the own s -~-·• Provide the COMPLE and addresses of ALL persons having any ownership interest ved . Also, provide the nature of the legal ownership (i.e., pa , non-profit, corporation , etc.}. If the ownership includ 1~~-~Q...Q:L..Pfil!JD.fil:§.DJlQ ·nclude the names, titles, addresses of all individuals o ~rrlDtll.a es .. IF NO INDIVIDUALS OWN MORE THAN 10% EASE INDICATE NON-APPLICABLE (N/A} IN THE SPACE B wned cor oration, include the names, titles, and addresses . (A separate page may be attached if necessary.) Pe e--Baker Corp/Part P~~ies H£ Memeer Title ·--------------- ss P~Q.QX 66.9 Poway. CA~ 4 Address 00 Box. 669 Powayr-C~7 4 P-1(A) Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a non rofit or anization or a list the names and addresses of ANY person serving as an officer or director oft 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 ith any member of City staff, Boards, Commissions, Committees and/or Council hin the past twelve (12) months? D Yes ~o If yes, please indicate NOTE: Attach additional sheets if necessary. that all the above info · · r he best of my knowledge. Print or type name of owner Print or type name of applicant ... nt if applicable/date P-1(A) Page 2 of 2 Revised 07/10 C City of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Jefferson Street Apartments APPLICANT NAME: Bejan Arfaa Architects Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed mixed-use project combines a total 2,185 sf of ground floor commercial retail space abutting the right-of-way along Jefferson Avenue as well as access to the residential lobby for the 15 apartment units above. The remainder of the ground floor area is designated for the covered parking garage that contains 19 parking spaces. Two of these spaces are dedicated to accessible parking and two for electric vehicle charging. The building is 4 stories above grade and the floors 2 through 4 contain a combination of 1-bedroom and 2 bedroom units. The project is requesting a density bonus through the inclusionary housing EDBU of 35% or 5 units above the base max. density for a total of 17 total units. 3 low income affordable units will be provided. The applicant is also requesting the 2nd incentive to reduce the required parking to 1 space per unit and 2 spaces for the commercial retail for a total of 19 parking spaces. Common space is provided on the 2nd floor deck for use of the residential tenants. The building steps back at each floor from Jefferson Street to reduce the building mass. This increases on each floor. Each residential unit contains private open space with private decks. To reduce the massing of the building against the adjacent residential property to the north the building has been setback from the PL and the parking lot plate height has been lowered to 10 feet vs. the 14 feet at the commercial retail portion of the building along Jefferson Avenue. The project is consistent with the Carlsbad Village Master Plan requirements P-1(8) Page 1 of 1 Revised 07/10 -------------~----------------..... ------------ C'cicyof 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): Ii] 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 are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Bejan Arfaa Address:2900 4th Avenue Suite 110 San Diego, CA. 92193 Phone Number: 619-293-3118 Address of Site: 3039 Jefferson Street PROPERTY OWNER Name: Sonny Investments, LLC / Kambiz Marashi Address: PO Box 3277 Beverly Hills, CA 90212 Phone Number: (760) 497-1532 Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_0_3_-3_5_1_-1_2_&_2_0_3_-_5_5_1_-_1_3 ____ _ Specify list(s):_N_/A_· ______________________ _ Regulatory Identification Number:,_N_/A_-___________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Ccityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Develo 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 ha consulted the Hazardous Waste and Substances Sites List compiled by the Califo a Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this applicaf are not contained on the lists compiled pursuant to Section 65962.5 of the State Government e., D The development project and any alternatives proposed in this aP, ~-re contained on the lists compiled pursuant to Section 65962.5 of the State Government d:_.' ' APPLICANT 11-'-. 'l!ROPERTY OWNER Name: Bejan Arfaa ~ r#Jv~r. Bruce Baker Address: 2900 4th Avenue Ste. 1 ---~-Odress: PO. BOX 669 San Diego, CA, 9210 ct' Poway, CA. 92074 Phone Number: 6 9-293-311 ,{f,ne Number: _______ _ Address of Site: 3039 Jeffe Assessor's book, page, and parcel n eet sbad, County of San Diego -351-12 & 203-351-13 Specify list(s):_n_/_a ____ ...._--:w=;__ _________________ _ Property Owner Signature/Date ous Waste and Substances Sites List (Cortese List) is used by the State, local and developers to comply with the California Environmental Quality Act requirements ing information about the location of hazardous materials release sites. Page 1 of 2 Revised 02/13 JUN ~ 5 202Q C -:y Or CP.RLSSP D ~ ' ~ ~ ' ~----·· ......... ._J ~-~·-·-·,I ---------------r-------------- Ccicyof Carlsbad 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 (760) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1 (E) Page 1 of 1 Revised 07/10 c·cicyof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS ...111 The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances . ...111 If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. ...111 The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. ...111 Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project- specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. 1111,1 Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent v.ith the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent v.ith the existing land use plan and zoning designations, does the project indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance v.ith the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. lf"No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency v.ith the CAP. The types and sizes of typical projects listed below have been determined to correspond lo the CAP screening threshold. WII the proposed land use change result in the construction of less than any one of the follov.ing? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine v.t,ether it is below the 900 MTCOie/year screening threshold. If ''Yes", proceed to Step 2 of the checklist □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance v.ith the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance v.ith California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-<ieveloped GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 I City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. ......... WormatJon Project No./Name: Jefferson Street Ap r atments Property Address/APN: 3039 Jefferson Street. Carlsbad, CA . Applicant Name/Co.: Be j an Arfaa Architects Applicant Address: 2900 4t h Avenue Su ite 11 . San Diego, CA. Contact Phone: 619-293-3118 Contact Email: be7an@idm .sdcoxmail .co Contact information of person completing this checklist (if different than above): Name: Contact Phone: Company name/address: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building , please contact the Carlsbad Building Division for assistance in estimating building permit valuation , by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ 14 8 , 0 0 0 Consbuc:tlon Type ~ Section(&) Notes: D Residential D New construction J 2A, 3A and 4A D Alterations: D BPV ;;:: $60,000 1A All residential alterations D BPV;:: $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages D Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed D BPV;:: $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed ~ Nonresidential IBI New construction ! 1s, 28, 3B, 4B and 5 D Alterations: P-30 Page 3 of 7 Revised 04/1 9 City of Carlsbad Climate Action Plan Consistency Checklist D BPV .!: $200,000 or additions.!: 1,000 18, 5 square feet D BPV c!: $1,000,000 1B, 2B and 5 Building alterations of.:: 75% existing gross floor area D c!: 2,000 sq. ft. new roof addition 28 and 5 1 B also applies if BPV ~ $200,000 Checklist Item Check the appropriate boxes, explain all not applicable and exception Items, and provide supporting calculations and documentation as necessary. 1. Energy Efficiency Please refer to Ca~sbad Ordinance No. CS-347 and the California Green Building Standards Code (CAL Green) for more infomiation Viklen completing this section. A D Residential addition or alteration ~ $60,000 building pennit valuation. □ N/A ----------See Ord. CS-347, Section 8. □ Exception: Home energy score 2! 7 (attach certification) Year Built Single-family Requirements Multi-family Requirements D Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ Attic insulation □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 Select one: □ Attic insulation □ Duct SealinQ □ Cool roof □ 1991 and later Select one: □ Lighting package □ Water heating package B. ~ Nonresidential* new construction or alterations~ $200,000 building pennit valuation, or additions~ 1,000 square feel □ N/A. _________ _ See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 ~ Outdoor lighting: .90 Allowed Outdoor Lighting Power □ N/A AS.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) IZ N/A AS.203.1 .2 .1 Choose one as applicable: □ .95 Energy budget lx..90 Energy budget D N/A A5.211.1.** OOn-site renewable energy □ N/A A5.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) ~ N/A AS.212.1 ~ Elevators and escalators □ N/A AS.213.1 □ Steel framing 8 N/A P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist • lndudes hotels/motels and high-rise residential buildings •• For alterations ~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 ·instead. 2. Photovoltaic Systems A. D Residential new construction (for building pennit applications submitted after 1 /1 /20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Cartsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated k\/Vdc* sheets if necessary) Total System Size: k\/Vdc = (CF Ax.572) / 1,000 + (1. 15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ k\/Vdc r B. [29 Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet Please refer to Cartsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: !Kl Gross Floor Area (GFA) Method GFA: 31 ,94 5 Min. System Size: 4 7 · 9 kWdc D If< 10,000s.f. Enter: 5 kWdc !xi If .: 10,000s.f. calculate: 15 kWdcx (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method ·Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A D Residential and hoteUmotel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential on ly) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. Ix] Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. Ix! Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal IX Photovoltaics □ Recovered energy q. Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) 0 Solar water heating system with .40 solar savings fraction □ Exception: 4. Electric Vehicle Charging A D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □Exception: □ Multi-family residential · □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.') P-30 Page 6 of 7 Installed I Total I Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B ~ Nonresidential new construction (includes hotels/motels) D Exception · Total Parl<ing Spaces EVSE Spaces Proposed Capable Ready Installed Total 19 1 1 2 Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 ~ 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101 -150 12 6 D 151 -200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces 5. rn Transportation Demand Management (TOM) A List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT /1, 000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1 ,000 S.F. Total Employee ADT Commercial Retai l 2 ,185 2 .2 Total 2 .2 lftotal employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 11 O employee ADT threshold above, General Plan Mobility Element Policy 3-P .1 1 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine vAlether this policy applies to your project. TDM plan required: Yes □ No IX LOE Staff Verification: □ ______ (staff initials) P-30 Page 7 of 7 Revised 04/19 (_ City of Carsbad I INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 De velo m ent Services Land Development Engineering 1635 Faraday Av nue 760-602-2750 www.carl sbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per 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 perm its). 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 represe nt an in itial assessment of th e 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, th is will resu lt 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 ti concurren 1v. PROJECT INFORMATION PROJECT NAME: Jefferson Luxury Apartments PROJECT ID: The project is (check one): D New Development :Kl Redevelopment The total proposed disturbed area is: 13 977.8 ft2 ( 0.321 ) acres The total proposed newly created and/or replaced impervious area is: 13,287.4 ft2 ( 0.305 ) 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: NIA SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your ~elication to the Citv. DEC 1 e 2019 D E-34 Page 1 of 4 REV 02/16 STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing X 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; X 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 guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed X 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? X 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 02/16 STEP 3 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, X 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 X 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 X 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 X development project includes development on any natural slope that is twenty-five percent or greater. 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 X is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway X freeway or driveway? 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 X 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 X repair 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 X includes 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 X 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 X of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 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 applicant information. E-34 Page 3 of 4 REV. 02/16 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 X of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = 12507.4 sq. ft. Total proposed newly created or replaced impervious area (B) = 13287.4 sq. ft. Percent impervious area created or replaced (B/A)*100 = 106.2 % If you answered "yes", the structural BMP's 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 E 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. D 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 Assessor's Parcel Number(s): 203-351-12-00 & 203-351-13-00 Applicant Name: Lawrence E. Cole Applicant Title: Project Civil Engineer Applicant Signature:~ ~& Date: December 13, 2019 * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for C ity Use Only City Concurrence: I YES I NO I I By: Date: Project ID: E-34 Page 4 of 4 REV. 02/16 • La~ers Title· Lawyers Title -SD 9095 Rio San Diego Dr #400 San Diego, CA 92108 Attn: Your Reference No: Lawyers Title Company 9095 Rio San Diego Drive, Suite 400 San Diego, CA 92108 Phone: (858) 650-3900 Fax: (619) 209-3489 Title Officer: Lender Division--So email: tu38@ltic.com Phone No.: (858) 650-3900 Fax No.: File No.: 316384676 Property Address: 3039 Jefferson Street, Carlsbad, California UPDATED PRELIMINARY REPORT Dated as of December 12, 2019 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of 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 /lens, 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. CLTA Preliminary Report Form -Modified (11-17-06) Page 1 File No: 316384676 SCHEDULE A The form of policy of title insurance contemplated by this report is: Preliminary Title Report The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Private Properties, LLC, a California limited liability company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form -Modified (11-17-06) Page 2 File No: 316384676 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: LOTS 23, 24, 25, AND 26 IN BLOCK 48 OF TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 23; THENCE ALONG THE NORTHEASTERLY PROPERTY LINES OF SAID LOTS 23 THROUGH 26 SOUTH 34°33'48" EAST A DISTANCE OF 100.19 FEET TO THE EASTERLY CORNER OF SAID LOT 26; THENCE ALONG THE SOUTHEASTERLY PROPERTY LINE OF SAID LOT 26 SOUTH 55°30'03" WEST A DISTANCE OF 139.62 FEET TO THE SOUTHERLY CORNER OF SAID LOT 26; THENCE ALONG THE SOUTHWESTERLY PROPERTY LINES OF SAID LOTS 23 THROUGH 26 NORTH 34°29' 17" WEST A DISTANCE OF 100.13 FEET TO THE WESTERLY CORNER OF SAID LOT 23; THENCE ALONG THE NORTHWESTERLY PROPERTY LINE OF SAID LOT 23 NORTH 55°28'45" EAST A DISTANCE OF 139.49 FEET TO THE POINT OF BEGINNING. SAID DESCRIPTION IS MORE PARTICULARLY DESCRIBED AS PARCEL A IN THAT CERTICATE OF COMPLIANCE FOR ADJUSTMENT PLAT COC 2018-0003, CDP 15-38 RECORDED May 21, 2019 AS INSTRUMENT NO. 2019-0192471 OF OFFICIAL RECORDS. Assessor's Parcel No. 203-351-12-00 and 203-351-13-00 (new APN: 203-351-22-00 for tax year 2020) CLTA Preliminary Report Form -Modified (11-17-06} Page 3 File No: 316384676 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Homeowners Exemption: Code Area: 203-351-12-00 2019-2020 $4,498.89, paid. $4,498.89, paid. -0- 09098 B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 203-351-13-00 2019-2020 $4,498.89, Delinquent $449.88 $4,498.89, open (Delinquent after April 10) $459.88 -0- 09098 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 1. Information in possession of the Company indicates that the Assessor's Parcel Number for the Land for the year 2020-2021 will be 203-351-22-00. 2. Water rights, claims or title to water, whether or not disclosed by the public records. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: underground facilities and above ground structures together with the right of ingress and egress thereto and egress therefrom Recorded: November 9, 1976 as File No. 76-374117 of Official Records Affects: The exact location and/or extent of said easement is not disclosed in the public records. CLTA Preliminary Report Form -Modified (11-17-06) Page 4 4. A deed of trust to secure an secured thereby. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: Loan No.: File No: 316384676 indebtedness in the amount shown below, and any other obligations $650,000.00 October 21, 2014 Private Properties, LLC, a California Limited Liability Company Provident Financial Corporation Provident Savings Bank, F.S.B. October 27, 2014 as Instrument No. 2014-0464287, of Official Records 89969075 5. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $650,000.00 Assigned to: Provident Savings Bank, F.S.B. Assigned By: Private Properties, LLC, a California Limited Liability Company Recording Date: October 27, 2014 ~R~e~co~r~d~in_g~N~o~: ------~2=0~1~4--0~4~6~4~3~7~8, of Official Records 6. Certificate of Compliance for Adjustment Plat Recording Date: May 21, 2019 ~R=e~co~r~d=in~g~N=o~. :~-----~2=0~1~9--0""'1=9~2~4~7--=.,1, of Official Records This certificate of compliance shall have no force and effect unless deeds reflecting the new boundaries are recorded to perfect the new legal description. 7. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form -Modified (11-17-06) Page 5 File No: 316384676 REQUIREMENTS SECTION: Req. No. 1: In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): BUYERS AND/OR SELLERS The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Req. No. 2: The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Private Properties, LLC a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form -Modified (11-17-06) Page 6 File No: 316384676 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Note No. 5: The following information will be included in the CLTA Form 116 or ALTA Form 22-06 Endorsement to be issued pursuant to this order: There is located on said Land: Commercial and Industrial Known as: 3039 Jefferson Street, Carlsbad, California Note No. 6: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Note No. 7: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Processor: sh Date Typed: December 17, 2019 CLTA Preliminary Report Form -Modified (11-17-06) Page 7 Attachment One (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE File No: 316384676 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b} Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b} not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. File No: 316384676 EXCEPTIONS FROM COVERAGE· SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CL TA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 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. 5. Failure to pay value for Your Title. 6. Lack of a right: CLTA Preliminary Report Form -Modified (11-17-06) Page 9 File No: 316384676 a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; CLTA Preliminary Report Form -Modified (11-17-06) Page 10 File No: 316384676 (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 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PARTI [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown 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. ] PARTII CLTA Preliminary Report Form -Modified (11-17-06) Page 11 File No: 316384676 In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); 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: [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: CLTA Preliminary Report Form -Modified (11-17-06) Page 12 File No: 316384676 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b} proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b} reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ] 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b} does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights 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. CLTA Preliminary Report Form -Modified (11-17-06) Page 13 File No: 316384676 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 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. CLTA Preliminary Report Form -Modified (11-17-06) Page 14 File No: 316384676 Lawyers Title Company 9095 Rio San Diego Drive, Suite 400 San Diego, CA 92108 Phone: (858) 650-3900 Fax: (619) 209-3489 Order No. 316384676 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company L TC -Lawyers Title Company Available Discounts DISASTER LOANS (CLTIC) FNF Underwriter CLTIC -Commonwealth Land Title Insurance Co. The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discount Mod. 10/21/2011 r-i'DELITY NATIONAL FINANCI)U. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons, We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Revised May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. use of personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Pisdosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. Revised May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. ENE Website services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and correcting Information; contact us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Revised May 1, 2018 Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved __J 09 0 z < a: .., /DO 7 jBtK 61 I@) I I I I ~ HARDING 10 9 7 6 5 il4 131 11, 18 1 I I ~4 1 @ @012.-c. , I I I I I I I ~ I t~ R ,, ~ : JEFFERSON THS MAP WIS PR:PARED fCR ASSESSI.ENT MF'OSES 01«.Y. 00 L~BlITr ~ ASsu.EO fCR TH: ACCI.IOCY Cl H£ DATA SIO\l'N. ASSESS01l-S PARCELS MAY .OT CCM'LY WITH LOCAL 51..00MSCN CII ~LOIi(; oiao.....:es. @SAN DIEGO COUNTY ASSESSOR'S MAP 1K 203 PG 3S I I ! I I 3 2 ~ In I I _I Q I;! 3: ti IJO ,>, "' ~ ~ w ~ :l 5 3 ~ 151141131211: 10 4 19 BLK!© I I I I 8 G.)5 5_©3 ;1 I 1 111. ,41 ~ 66 -~ HAR~N I .. , ,, COM \.J' ITY I CfNJE, I••' ST. 8 7 6 5 4 3 2 I I I~ I 11 o.e4AC. • I I I I I I I ST. ,s I @ I ! ., •~,~~F+--~~..;;::.i....i.. • ..i....r....i....r....i....a....:. ST. I ~ MADISON r @ --_,...,., ~,----------. ,., w ~ 60 [ 47 X ~ eo 203-35 10/24/19 RNF CHANGES 8LK OLD NEW YI CUT 35/ ,,,o 17 '8 3a/O ~!,~ tit. t, 68 1314 3S4 ,:~~ /'lo 7' ,311 ~ 91/ 14 75 ZB90 351 , .. 2 /8 75211,i 354 :,-4-/5 7' ;.;.e,1 3'2-JJ/6,11 18 Bl 1s,4- JS3 348 9 182 2454 352 S'-/0 l!I ""' 3,,~ L;,54 /J 354 12. ,_/GL ,1 ~ffl!. :351 1#.S 17 ~ /13$ 351 ,., 12,Jtz, '!J? /443 354 14 17&18 02 1353 351 18 'r' 03 4798 354 h7&18 19 12 1393 351 12&13 22 20 1205 MAP TI51365. 5351 t0WN OF CARLSBAD AMENDED Bl.KS 118. 56, 57 & POR Bl.KS 66 & 67 .. "This map/plat is being fur~·,1ed as an aid in locating the herein describlu La'nd in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon."