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HomeMy WebLinkAboutCDP 2020-0008; VILLA MIRA ALA COSTA; Coastal Development Permit (CDP)( 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 'f5/' Coastal Development Permit D Conditional Use Permit g' Mino D General Plan Amendment r C DP2 l> 20--ocxf D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit OMino D Hillside Development Permit D Mino D Nonconforming Construction Permit D Planned Development Permit D Mino D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit OMino D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) rrSf Variance M'°'Minor r r r r ·-~ LOllr U(.)O l D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Mino~ D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 2030210201, 2030210202, 2030210203 LOCATION OF PROJECT: 2459 Ocean St (STREET ADDRESS) NAME OF PROJECT: Villa Mira Ala Costa BRIEF DESCRIPTION OF PROJECT: Multifamily renovation with small additions to 2 units. PROJECT VALUE (SITE IMPROVEMENTS) $40,171.50 ESTIMATED COMPLETION DATE 6/21/2021 FOR CITY USE ONLY DevelopmentNo. D£V2,02{)-Q0$Q Lead Case No. CDP l.02-0-0000 P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT} INDIVIDUAL NAME Mimi Sayer (President HOA) INDIVIDUAL NAME (if applicable): (if applicable): Jon Price COMPANY NAME Villa Mira A La Costa HOA COMPANY NAME Spaces Renewed (if applicable): (if applicable): MAILING ADDRESS: 2459 Ocean St Unit B MAILING ADDRESS: 1107 S Coast Hw:t: CITY, STATE, ZIP: Carlsbad, Ca 92008 CITY, STATE, ZIP: Oceanside, Ca 92054 TELEPHONE: TELEPHONE: 760-390-0067 EMAIL ADDRESS: EMAIL ADDRESS: jon@spacesrenewed.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ~-s 2/25/2020 JoJt ?rice 2/25/2020 SIGNATURE ~ DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Jon Price MAILING ADDRESS: 1107 S Coast Hwy CITY, STATE, ZIP: Oceanside, Ca 92054 TELEPHONE: 760-390-0067 EMAIL ADDRESS: jon@spacesrenewed.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. JoJt ?rice 2/25/2020 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ' ~ .s:~ ( Ov>.ur u. ... : \.-~ e,) PROPERTY OWN~NATURE FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED MAR 12 2021 crrv OF CARLSBAD PLANNlNG O~V!'S]()j J DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAIVIE (PLEASE PRINT) INDIVIDUAL NAME Timoth}'.'. Grant INDIVIDUAL NAME Jon Price (If applicable): (if applicable): COMPANY NAME COMPANY NAME Spaces Renewed (if appUcab(e): (If applicable): MAILING ADDRESS: 890~ E. Raintree Dr. ~~40 MAILING ADDRESS: 1107 S Coast Hw~ CITY, STATE, ZIP: Scottsdale, AZ 85260 CITY, STATE, ZIP: Oceanside, Ca 92054 TELEPHONE: TELEPHONE: 760-390-0067 (602) 677-1500 EMAIL ADDRESS: EMAIL ADDRESS:· jon@spacesrenewed.com . tim~FBAt@.si me2:.eem I CERTIFY THAT I AM THE LEGAL OWNER ANO THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE ANO CORRE£T TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. -~~ 3/31/2020 Jo11 'Price 2/25/2020 -I~ --SIGNATURE --DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Jon Price MAILING ADDRESS: 1107 S Coast Hwy CITY, STATE, ZIP: Oceanside, Ca 92054 TELEPHONE: 760-390-0067 EMAIL ADDRESS: jon@spacesrenewed.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Jo11 'Price 2/25/2020 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE 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 LAND AND BIND ANY SUCCESSORS IN INTEREST. ___ r_~-·~,,_,_·--· ---,---,-,=--· ·co~ lA"~ \._. A) PROPERTY O~TURE FOR CITY USE ONLY P-1 Page 2of e· M/\R 12 2021 FL/·/ •.,'-,· .. , ... : , l DATE STAMP APPLICATION RECEIVED Revised 03117 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME Todd Dominick INDIVIDUAL NAME Jon Price (if applicable): (if applicable): COMPANY NAME 2459 Ocean St. #C COMPANY NAME Spaces Renewed (if applicable): (if applicable): MAILING ADDRESS: c.;arls6aa, CA 92008 MAILING ADDRESS: 1107 S Coast Hwy CITY, STATE, ZIP: (412) 427-5103 CITY, STATE, ZIP: Oceanside, Ca 92054 TELEPHONE: todd@cycooi □c corn TELEPHONE: 760-390-0067 EMAIL ADDRESS: EMAIL ADDRESS:· jon@spacesrenewed.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT All THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. 7idd t5~~ 3/:J.1/2020 Jo111+1ce 2/25/2020 - SIGNATURE ~ DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Jon Price MAILING ADDRESS: 1107 S Coast Hwy CITY, STATE, ZIP: Oceanside, Ca 92054 TELEPHONE: 760-390-0067 EMAIL ADDRESS: jon@spacesrenewed.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Jo111tice 2/25/2020 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/I/VE 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 LAND AND BIND ANY SUCCESSORS IN INTEREST. 7idd D~ . co~ lAf\,+•t..) PROPERTY OWN~ SIGNATURE FOR ClTY USE ONLY ) MAR 12 2021 RECEIVED BY: P-1 Page 2 of 6' Revised 03/17 (city of Carlsbad PROJECT DESCRIPTION P-1(8} ~ Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Renovation for Villa A La Mira Costa, HOA APPLICANT NAME: Jon Price, Spaces Renewed Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for,. or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(8) Renovation of existing 3 unit structure including exterior finishes, roofing, doors/ windows. 2 of 3 units to have small additions and interior renovations. New security fence/gates @ front property line in existing easement. .. Page 1 of 1 Revised 07/10 JUSTIFICATION FOR VARIANCE I By law a Variance may be approved only if certain facts are found to exist. Please read these re and explain how the proposed project meets each of these facts. Use additional sheets if nee 1. Explain what special circumstances are applicable to the subject property, including location or surroundings, whereby the strict application of the zoning ordinance privileges enjoyed by other property in the vicinity and under identical zoning class· The project addition falls under the 10% rule of not modifying more squa . People are known to 2. Explain why the granting of the variance does n limitations upon other properties in the vicinity to any conditions necessary to assure compli special privileges inconsistent with the subject property is located and is subject The coastal exemptions follow the guide not to co e. 3. Explain why the granting of t authorized by the zone regul The coastal exempti By allowing th icle parking outside of the garage, which is ot authorize a use or activity which is not otherwise expressly e subject property: es as written and doesnt effect zoning. garage. 4. e variance is consistent with the general purpose and intent of the General Plan or Master Plans: 5. P-4 Page 4 of 4 Revised 03/17 Ccicyof 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 MJ.lll 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 1his and any other county, city and county, city municipality, distrid 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. 2. 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 (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 1,mo:<½ l-~2wfl t-' Corp/Part. __________ _ Title "f "!:'4:ttc-: Title. ____________ _ Address 830 ut-~¼Pc ~J.tfo Address ___________ _ °SG-O tfl,J,:;.C;i. 1 A-?-1)S-.2.'-0 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the 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 (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ----------Corp/Part. ___________ _ Tit le -----------Title _____________ _ Address _________ _ Address ___________ _ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust ,N 6 'Tn.¢1-Non Profit/Trust ________ _ Title 'lt-"'-~k I f•'l!\~ l-Gr;.a....f Title ___________ _ Address 8Gfo 1 ~-'r4,#\.tr~12r •,-to Address ___________ _ ~U>&~ Prk--5$:¥,o J 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 [2Q No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. all the above information is true and correct to the best of my knowledge. Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent Cl_1f6\ c,......,? ...,? C1ouie0f'I n711n (cityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 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 !!'.! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:Jon Price, Spaces Renewed Address: 1107 S Coast Hwy. Oceanside, Ca 92054 Phone Number: 760-390-0067 Address of Site:2459 Ocean St. Unit A PROPERTY OWNER Name: Timothy Grant Address: 8901 E. Raintree Dr. #140 Scottsdale, AZ 85260 Phone Number: 602-677-1500 Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number: book 203, page 2, 2030210201 Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ Property Ownerignture/Date 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 fgJ TICOR TITLE. Tic or Title -SD 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 T itle Report 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Title Officer: Email: Phone No.: File No.: 00674435 Property Address: 2459 OCEAN STREET, APT A, CARLSBAD, CA 92008 Introducing Ticor Title LiveLOOK LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction. Access title reports, exception documents, an easy-to-use summary page, and more, at your fingertips and your convenience. To view your new Ticor Title LiveLOOK report, Cli ck Here < .. ··--·----.. ·------· .. "' Effortless, Efficient, Compliant, and Accessible IJ TICOR TITLE™ MAIL TO: =addressee= Attn: Your Ref: TITLE OFFICER: Cindy Youngers ORDER NO.: 00674435-995-SDT-CY DATE: March 05, 2020 1 :29 PM TRANSMITTAL 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PHONE: (619) 260-0015 Ext. 5218 EMAi L: cindy.youngers@ticortitle.com FAX: (619) 692-9465 PROPERTY ADDRESS: 2459 OCEAN STREET, APT A, CARLSBAD, CA 92008 BUYER/BORROWER: Enclosed please find your Policy of Title Insurance. Thank you -we appreciate your business! @Chicago TiUe Insurance Company GUARANTEE NO.: CA-FASD-IMP-72G28-1-20-00674435 CL TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Ticor Title Company of California 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 • Fax: (619) 692-9465 Email: cindy.youngers@ticortitle.com Countersigned: By: (I ll(,d /~~- Authorized Signature Cl TA Guarantee Face Page (06-05-14) © California Land Title Association. All rights reserved. Chicago Title Insurance Company • Br- Secretary I Page 1 The use of this Form is restricted to CLT A subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674435-995-SDT-CY Guarantee No. CA-FASD-IMP-72G28-1-20-00674435 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability'': the Amount of Liability as stated in Schedule A 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested CLTA Guarantee Exclusions and Conditions (06-05-14) Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674435-995-SDT-CY information or grant permIssIon to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or ( c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or Guarantee No. CA-FASD-IMP-72G28-1-20-00674435 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. CLTA Guarantee Exclusions and Conditions (06-05-14) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.: 00674435-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-20-00674435 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 00674435-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-20-00674435 Date of Guarantee: February 28, 2020 at 1. Name of Assured: Amount of Liability: $5,000.00 Fee: $500.00 Timothy L. Grant and Nannette L. Grant, Trustees of the TNG Revocable Trust Agreement, dated May 14, 1998 2. The estate or interest in the Land which is covered by this Guarantee is: A CONDOMINIUM, as defined in Sections 783 and 4125 of the California Civil Code, in fee. 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Timothy L. Grant and Nannette L. Grant, Trustees of the TNG Revocable Trust Agreement, dated May 14, 1998 b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page4 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674435-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-20-00674435 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A Condominium Comprised of: Parcel 1: An undivided 1/3 interest in and to Parcel 1 of Parcel Map No. 9986, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder, May 5, 1980. Excepting therefrom that portion thereof, if any, lying below the mean high Title of the Pacific Ocean. Excepting therefrom the following: Living Units as shown upon the Condominium Plan of Zipser Triplex recorded July 3, 1980 as Instrument No. 80- 211732 of Official Records of San Diego County. Parcel 2: Living Unit L-1 as shown upon the Condominium Plan. APN: 203-021-02-01 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page5 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674435-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-20-00674435 SCHEDULE B 1. 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: Penalty and Cost: Homeowners Exemption: Code Area: 203-021-02-01 2019-2020 $5,898.92 Paid $5,898.92 Open (Delinquent after April 10) $599.89 $7,000.00 09000 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) 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 4. Any adverse claim based upon the assertion that some portion of said Land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 5. Any rights in favor of the public which may exist on said Land if said Land or portions thereof are or were at any time used by the public. 6. Any adverse claim based upon the assertion that any portion of said Land was not tideland which was available for disposition by the State, or that any portion thereof has become submerged land by reason of erosion or has become upland by reason of accretion. Rights and easements for commerce, navigation and fishery. 7. All easements, offers and dedications as shown on the official map Tract of: Parcel Map No. 9986 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page6 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. Order No. 00674435-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-20-00674435 SCHEDULE B (Continued) 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording No.: Book 1 O 1 O, Page 497, of Deeds Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 9. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No.: Agreement November 15, 1978 Stanley Zipser and Sigrid Zipser and L. B. Hamlin June 26, 1978 1978-264623, of Official Records Reference is hereby made to said document for full particulars 10. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No.: Agreement November 15, 1978 Stanley Zipser and Sigrid Zipser and L. B. Hamlin December 4, 1978 1978-520117, of Official Records Reference is hereby made to said document for full particulars 11. An instrument entitled Covenant and Agreement Executed by: In favor of: Recording Date: Recording No.: Stanley Zipser and Sigrid Zipser and Jack M. Roth and Vern M. Magnuson The City of Carlsbad May 8, 1980 1980-154045, of Official Records Reference is hereby made to said document for full particulars. This covenant and agreement provides that it shall be binding upon any future owners, encumbrances, their successors or assigns, and shall continue in effect until the advisory agency approves termination. 72G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 7 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674435-995-SDT-CY SCHEDULE B (Continued) Policy No. CA-FASD-IMP-72G28-1-20-00674435 12. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, or source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Entitled: Recording Date: Recording No.: Declaration of Covenants, Conditions and Restrictions July 3, 1980 1980-211733, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith and for value. 13. Non-exclusive easements over and through the common area for ingress, egress, public utility, enjoyment, support and repair of the common area and each unit, as provided in the above mentioned declaration and as disclosed by various deeds of record. Affects: Common Area 14. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $1,778,250.00 December 20, 2019 Timothy L. Grant and Nannette L. Grant, as Trustees of the TNG Revocable Trust, dated May 14, 1998 Ticer Title Company of California Mortgage Electronic Registration Systems, Inc. (MERS), solely as nominee for Bay Equity, LLC 1910001749 December 24, 2019 2019-604404 of Official Records 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee Pages © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. "Y' ;· ,it\' of DISCLOSURE STATEMENT P-1(A) Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov c:arlsba(i Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares, IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary,) Person___________ Corp/Part ____________ _ Title ___________ _ Title _____________ _ Address _________ _ Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person \te./,J ~. :, .YM:Os'f B, ~ft., Corp/Part, __________ _ Title °""'&lEIZS Address 2':t is~ Cl(Ar-,.> ,:?M&:f w,,.c;:&f-0 Q ,1.ocq I Title _____________ _ Address ____________ _ Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profrt/Trust.________ Non Profit/Trust. _________ _ Title ___________ _ Title _____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? _/ D Yes ~No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. e information is true and correct to the best of my knowledge. Signature of applicant/date Print or type na Print or type name of applicant t's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2 of2 Revised 07/10 ' J ( City of 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): Iii 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 ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:Jon Price, Spaces Renewed Address: 11 07 S Coast Hwy. Oceanside, Ca 92054 Phone Number: 760-390-0067 Address of Site: 2459 Ocean St. Unit B PROPERTY OWNER Name: Kevin & Mimi Sayer Address: 2459 Ocean St. Carlsbad, CA 92008 Phone Number: 661-645-2442 Local Agency (City and county): Carlsbad, San Diego County Assessor's book, page, and parcel number: book 203, page 2, 2030210202 Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: ____________________________ _ Applican~ignature/Date A"~S ~-s Property Owner~ture/Date ~ 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 (OJ TICOR TITLE. Ticor Title -SD 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Title Report 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Title Officer: Email: Phone No.: File No.: 00674442 Property Address: 2459 OCEAN STREET #B, CARLSBAD, CA 92008 Introducing Ticor Title LiveLOOK LiveLOOK title document delivery system is designed t o provide 24/7 real-time access to all information related to a title insurance transaction. Access title reports, exception documents, an easy-to-use surrrnary page, and more, at your fingertips and your convenience. To view your new Ticor Title Live LOOK report. Click Here Effortless, Efficient, Compliant, and Accessible (I TICOR TITLE™ MAIL TO: =addressee= Attn: Your Ref: TITLE OFFICER: Cindy Youngers ORDER NO.: 00674442-995-SDT-CY DATE: March 05, 2020 5:05 PM TRANSMITTAL 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PHONE: (619) 260-0015 Ext. 5218 EMAIL: cindy.youngers@ticortitle.com FAX: (619) 692-9465 PROPERTY ADDRESS: 2459 OCEAN STREET #8, CARLSBAD, CA 92008 BUYER/BORROWER: Enclosed please find your Policy of Title Insurance. Thank you -we appreciate your business! @Chicago Title Insurance Company GUARANTEE NO.: CA-FASD-IMP-72G28-1-20-00674442 CL TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A Ticor Title Company of California 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 • Fax: (619) 692-9465 Email: cindy.youngers@ticortitle.com Countersigned: By·(L~d-~ Authorized Signature • Chicago Title Insurance Company Br-~l- A1TEST President /1(7~~..-Secretary CLTA Guarantee Face Page (06-05-14) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674442-995-SDT-CY Guarantee No. CA-FASD-IMP-72G28-1-20-00674442 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not ii shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. CL TA Guarantee Exclusions and Conditions (06-05-14) © California Land Title Association. All rights reserved. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, ii is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Page2 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674442-995-SDT-CY information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the lime of payment or tender of payment and that that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the lime of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, ii shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or Guarantee No. CA-FASD-IMP-72G28-1-20-00674442 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. CLTA Guarantee Exclusions and Conditions (06-05-14) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.: 00674442-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-20-00674442 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 00674442-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-20-00674442 Date of Guarantee: February 28, 2020 at 7:30 AM. 1. Name of Assured: Marshall Booth/Spaces Renewed 2. The estate or interest in the Land which is covered by this Guarantee is: Amount of Liability: $5,000.00 Fee: $500.00 A CONDOMINIUM, as defined in Sections 783 and 4125 of the California Civil Code, in fee 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Kevin R. Sayer and Margot B. Sayer, Trustees of the Sayer Family Trust dated February 15, 2006 b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 72G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page4 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674442-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-20-00674442 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A Condominium Comprised of: Interest 1: An undivided 1/3 interest in and to Parcel 1 of Parcel Map No. 9986, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder, May 5, 1980. Excepting therefrom that portion thereof, if any, lying below the mean high tide line of the Pacific Ocean. Excepting therefrom the following: Living Units are shown on the Condominium Plan of Zipser Triplex recorded July 3, 1980 as File No. 80-211732, of Official Records of San Diego County. Interest 2: Living Unit L-2 as show upon the Condominium Plan above referred to. APN: 203-021-02-02 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Pages The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. IJ TICOR TITLE™ SCHEDULE B 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021 . 2. 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: 203-021-02-02 2019-2020 $16,069.10, Paid $16,069.10, Paid. none show 09000 3. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 4. 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. 5. Any adverse claim based upon the assertion that some portion of said Land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 6. Any rights in favor of the public which may exist on said Land if said Land or portions thereof are or were at any time used by the public. 7. Any adverse claim based upon the assertion that any portion of said Land was not tideland which was available for disposition by the State, or that any portion thereof has become submerged land by reason of erosion or has become upland by reason of accretion. Rights and easements for commerce, navigation and fishery. 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording No: in Book 1010, Page 497, of Deeds 9. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Agreement May 31, 1978 Stanley Zipser and Sigrid Zipser husband and wife as community property June 26, 1978 1978-264623, of Official Records Reference is hereby made to said document for full particulars. Owner's Declaration MISC0220 (OSI Rev. 07/13/18) Order No. : 00674442-995-SDT-CY Last Saved: 3/5/2020 5:08 PM by TH Page 6 10. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Agreement November 15, 1978 Stanley Zipser and Sigrid Zipser and L. B. Hamlin December 4, 1978 1978-520117, of Official Records Reference is hereby made to said document for full particulars. 11. An instrument entitled Covenant and Agreement Executed by: In favor of: Stanley Zipser and Sigrid Zipser and Jack M. Roth and Vern W. Magnuson The City of Carlsbad Recording Date: May 8, 1980 Recording No: 1980-154045, of Official Records Which among other things provides: No protest shall be made by the Owner(s) to any Proceedings for the installation or Acquisition of Public Parking Facilities, which could have been required of owner(s) as a condition of map approval, under any special assessment proceedings. Reference is hereby made to said document for full particulars. 12. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recording Date: July 3, 1980 Recording No: 1980-211733, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. Owner's Declaration MISC0220 (OSI Rev. 10/17/17) Escrow No.: 00674442-995-SDT Printed: 3/5/2020 4:55 PM by TH Page 7 111~9 q en§ 2 O CD < a~ z ~!Ji 9 ~)? .. oo ocni» ~ -al ~~g-t :< ::J I\.)~ '0 <0-<0~ 0, ::::! Cl)~ o--f "O ::!. i ~ 13 0 .,.. oi 0, "O "Os:: Q) C' <C '< CD -f D~ c.,'f.. / c\~\C / ~►/ //,.,,~EAN VILLAS DOC 02-827664 PAR A, PM18764 iESSMENT PAR NO -022-02 SUB IO (Qil -~ . ./ 'A(i:\v ~t,.G~ ~ CD :Cl @!]-@] G'..,. ~ y <) \fl.A 2425-2435 GAFl="IELD STREET DOC 88-.268317 LOT IS ASSESSMENT PAR NO 20~022-12 SUB ID @D -~ ~ ~,(\ ~ <a ~ 2445-2455 GARFIELD ST DOC 90-194005 LOT 16 ASSESSMENT PAR NO 203-022-18 SUB ID@!]-~ ~-~IF~~~~ MAY NOT COlot'I. V 'MTI! LOCAi. SU81l1111SION OIi 81AU)jNQ OROl,-NCES. ASSESSMENT PAR NO i;:;-;-, ~ 203-021-02 SUB ID~-~ ZIPSER TRIPLEX DOC 80-211732 POR LOT 2 NOTE EACH SUB 10 INCLUDES AN UNO INT IN ITS RESPECTIVE COMMON AREA CONDOMINIUM MAP 1782 -GRANVILLE PARK 203-02 SHT 2 \fl.A NOi '1' ' .. - {__ Cicy of 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) 2. P-1(A) 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 Marshall Booth Corp/Part ___________ _ Title General Contractor Title --------------------------Address 1107 South Coast Hwy Oceanside Address Ca 92054 ·------------ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the 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 separa e page may be attached if necessary.) PersonncJ14-W/~-r--' --, Title ___________ _ Address J 1l ~ 1 () CEIi\ 5-l r-r cf G Culs~.<1 ~A lf Pl0O8 Title _____________ _ Address ____________ _ Page 1 of 2 Revised 07/10 ( 3. NON-PROFIT ORGANIZATION OR TRUST 4. If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust _________ _ Title Title -------------------------- Address Address ---------------------- Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Oves 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. 1YCJ1JWt~ .--I Signature of ownerfciate 3 -J..( -l O S I i"' I (,f>..-.-Igna ure O app Ican ate frJ.'chr /~ J. boM i,11;~k/1o,U A.~otn;l\,,~k Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/1 O ( City of 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): [j] 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 !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Jon Price, Spaces Renewed Address: 1107 S Coast Hwy. Oceanside, Ca 92054 Phone Number: 760-390-0067 Address of Site:2459 Ocean St. Unit C PROPERTY OWNER Name:Todd & Michele Dominick Address: 2459 Ocean St. Carlsbad, CA 92008 Phone Number: 412-427-5103 Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number: book 203, page 2, 2030210203 Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ 7idd o~~~ o~~ Property Owner Signature/Date 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 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca. us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 02/13 CfJJ TICOR TITLE" Ticor Title -SD 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Title Report 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Title Officer: Email: Phone No.: File No.: 00674449 Property Address: 2459 OCEAN STREET #C, CARLSBAD, CA 92008 Introducing Ticor Title LiveLOOK LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction. Access title reports, exception documents, an easy-to-use surrrnary page, and more, at your fingertips and your convenience. To view your new Ticer Title LiveLOOK report. Click Here Effortless, Efficient, Compliant, and Accessible (I TICOR TITLE™ MAIL TO: =addressee= Attn: Your Ref: TITLE OFFICER: Cindy Youngers ORDER NO.: 00674449-995-SDT-CY DATE: March 05, 2020 1 :33 PM TRANSMITTAL 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PHONE: (619) 260-0015 Ext. 5218 EMAIL: cindy. youngers@ticortitle.com FAX: (619) 692-9465 PROPERTY ADDRESS: 2459 OCEAN STREET #C, CARLSBAD, CA 92008 BUYER/BORROWER: Enclosed please find your Policy of Title Insurance. Thank you -we appreciate your business! @Chicago Title Insurance Company GUARANTEE NO.: CA-FASD-IMP-72G28-1-20-00674449 CL TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Ticor Title Company of California 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 • Fax: (619) 692-9465 Email: cindy.youngers@ticortitle.com Countersigned: By:rlll{d.~ Authorized Signature • Chicago Title Insurance Company Dy. ~~ ATro-1 Prtside-nt );(7~ /w'~-~ Sec-rewy CLTA Guarantee Face Page (06-05-14) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674449-995-SDT-CY Guarantee No. CA-FASD-IMP-72G28-1-20-00674449 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or· agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the CL TA Guarantee Exclusions and Conditions (06-05-14) © California Land Title Association. All rights reserved. Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be Page 2 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674449-995-SDT-CY disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b} To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b} or (c} of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b} When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. Guarantee No. CA-FASD-IMP-72G28-1-20-00674449 The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. CL TA Guarantee Exclusions and Conditions (06-05-14) Page 3 © California Land Title Associatron. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.: 00674449-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-20-00674449 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 00674449-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-20-00674449 Date of Guarantee: February 28, 2020 at 1. Name of Assured: Marshall Booth 2. The estate or interest in the Land which is covered by this Guarantee is: Amount of Liability: $5,000.00 Fee: $500.00 A CONDOMINIUM, as defined in Sections 783 and 4125 of the California Civil Code, in fee. 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Todd A. Dominick and Michele J. Dominick, husband and wife as Community Property with Right of Survivorship b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 4 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674449-995-SDT-CY EXHIBIT A LEGAL DESCRIPTION Policy No. CA-FASD-IMP-72G28-1-20-00674449 THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A condominium composed of: Interest 1: An undivided 1/3 interest in and to Parcel 1 of Parcel Map No. 9986, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, May 5, 1980. Excepting therefrom the following: All units as shown upon the condominium plan of Zipser Triplex recorded July 3, 1980 as Instrument No. 80- 211732 of official records of San Diego County. Interest 2: Unit 3 as shown upon the condominium plan above referred to. APN: 203-021-02-03 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 5 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674449-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-20-00674449 SCHEDULE B 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021. 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. 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. 4. Matters contained in that certain document Entitled: Contract for future public improvements Dated: May 31, 1978 Executed by: Stanley Zipser and Sigrid Zipser, husband and wife as community property Recording Date: June 26, 1978 _R=e-=-co=r-"d""in""g'-N~o=--: ____ 7~8~-2=6=--4"-'6=2=3, of Official Records Reference is hereby made to said document for full particulars. 5. Matters contained in that certain document Entitled: Boundary Agreement and Consent to Seawall Location Dated: November 15, 1978 Executed by: Stanley Zipser and Sigrid Zipser and L.B. Hamlin Recording Date: December 4, 1978 _R-=-ec=o=--r=d·'-'in=g_N"""o~: ---~7~8--5=--2~0'--'1-'-1-"-7, of Official Records Reference is hereby made to said document for full particulars. 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 6 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00674449-995-SDT-CY SCHEDULE B (Continued) 6. An instrument entitled Covenant and Agreement Policy No. CA-FASD-IMP-72G28-1-20-00674449 Executed by: Stanly Zipser and Sigrid Zipser, and Jack M. Roth and Vern W. Magnuson In favor of: The City of Carlsbad Recording Date: May 8, 1980 '-'R=e-=-co=r-=d=i n=g-'-N-'-'o'-'-: ----'8'-"0'--1.C..C5C....4'-"0--'-=45, of Official Records Reference is hereby made to said document for full particulars. This covenant and agreement provides that it shall be binding upon any future owners, encumbrancers, their successors or assigns, and shall continue in effect until the advisory agency approves termination. 7. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recording Date: July 3, 1980 ~R=e-=-co"--'r-=d=in"""g-'-N~o~: ___ _;:8:..=0_;:-2~1'-1-'-7~3=3, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith or for value. 8. Non-exclusive easements over and through the common area for ingress, egress, public utility, enjoyment, support and repair of the common area and each unit, as provided in the above mentioned declaration and as disclosed by various deeds of record. Affects: Common Area 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 7 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 3.3.2020 (To be completed by City) Application Number(s): --=~'-"D'--f>'---"Z'--o;;....zo""'-=_-_b=C>=---0--'S::;;__ _____________ _ General Information 1. Name of project: Renovation for Villa Mira A La Costa, HOA 2. Name of developer or project sponsor: _S_p_a_c_e_s_R_e_n_e_w_e_d _________ _ 3. Address: 11 07 S. Coast Hwy City, state, Zip Code: Oceanside, CA 92054 Phone Number: 760-39 0-0067 Jon Price Name of person to be contacted concerning this project: ___________ _ Address: 1107 S. Coast Hwy City, state, Zip Code: Oceanside, CA 92054 Phone Number: 760-390-0067 4. Address of Project: _2_4_5_9_O_c_e_a_n_S_t. _______________ _ Assessor's Parcel Number: 2030210201, 2030210202, 2030210203 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: minor coastal Existtng-Genera1·P1an L:andtJs-e DesignaHon:--_R_e_s_i_d_e_n_ti_a_l ___________ _ 7. Existing zoning district: _R_-_3 ____________________ _ 8. Existing land use(s): Multifamily Residential 9. Proposed use of site (Project for which this form is filed): _N_o_C_h_a_n_g_e _______ _ Project Description 10. Site size: _·2_2_4_a_c_r_e_s _____________________ _ 11. 12: 13. 14. P-1(O) Proposed Building square footage: _6_7_5_6_sf _______________ _ Number of floors of construction: _3 __________________ _ Amount of off-street parking provided: _1_0 ________________ _ Associated projects: ______________________ _ Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _3_u_n_it_s ______ _ 16. 17. 18. 19. P-1(O) A= 2778sf, B = 2157sf, C = 1821sf If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Variance for security gate @ front PL, existing 5' easment in place. Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ [Z] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ [Z] roads. 22. Change in pattern, scale or character of general area of project. □ [Z] 23. Significant amounts of solid waste or litter. □ [Z] 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ [Z] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ [Z] 27. Site on filled land or on slope of 10 percent or more. [Z] □ 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ [Z] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ [Z] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ [Z] ~1. Relationship to a larger project or series of projects. □ [Z] Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. S£&.. fr~~J:-~ 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date 3.3.2020 Signature: """ C :6.--- For: P-1(D) Page 4 of 4 Revised 07/10 CDP 2020-008 P-l(D) EIA ENVIRONMENAL SETTING: 32. The project site exists as a fully developed ocean front lot with a 3 story, 3 unit residential structure and pool deck. The existing structure and yards terrace down over existing topography that slopes continuously down from street grade at Ocean Street to the sand elevation at the beach. This is a very scenic property due to being on the sand and has expansive ocean views to the North, South, and West. Almost all of the site is either covered by the footprint of the building or hardscape areas for circulation. Soil stability appears good based on existing conditions. There are some small planting areas in the front and side yards with non-native tropical plants and ground cover. There is no natural grade or native landscape remaining or evidence of any animals that would call anywhere on the site home. Photographs from all areas ofthe site are found in the following pages. 33 . The surrounding properties are all residential developments (single/multifamily) in keeping with this one and similar in nature. On the west side of Ocean Street the topography is very similar both North and South and all properties have unobstructed ocean views to the West. Photographs from the street and the beach below show the scale, frontage, and setbacks of neighboring properties. OCEAN STREET EXISTING EAST ELEVATION OCEAN STREET EXISTING EAST ELEVATION LOOKING SOUTH OCEAN STREET EXISTING CARPORT AND PROPERTY ENTRY INTERIOR COURTYARD EAST ELEVATION JUST INSIDE CARPORT INTERIOR COURTYARD NORTH ELEVATION JUST INSIDE CARPORT INTERIOR COURTYARD SOUTH ELEVATION JUST INSIDE CARPORT: UNIT A ENTRY INTERIOR COURTYARD: UNIT B ENTRY ON RIGHT, UNIT C ENTRY ON LEFT INTERIOR COURTYARD LOOKING TOWARD OCEAN: UNIT B ENTRY ON RIGHT, UNIT C ENTRY ON LEFT INTERIOR COURTYARD WEST ELEVATION: UNIT A ENTRY ON LEFT@ TOP OF STAIR, UNIT C ENTRY ON LEFT INTERIOR COURTYARD: CIRCULATION TOWARDS WEST POOL DECK INTERIOR COURTYARD: STAIR DOWN TO POOL DECK WEST ELEVATION FROM POOL DECK EDGE WEST ELEVATION FROM POOL DECK LOOKING SOUTH WEST ELEVATION FROM POOL DECK LOOKING NORTH WEST ELEVATION OF SIDE YARD AND NEIGHBORING PROPERTY STAIR UP TO UNITS FROM POOL DECK LOOKING EAST COURTYARD CIRCULATION LOOKING EAST EAST VIEW TO NEIGHBORING PROPERTIES FROM CARPORT VIEW TO NORTH FROM DRIVEWAY VIEW TO SOUTH FROM DRIVEWAY VIEW TO NORTH FROM STREET FRONTAGE CURB VIEW TO NORTH FROM CENTER OF STREET FRONTAGE VIEW TO SOUTH FROM BEACH ACCESS ENTRY TO NORTH OF PROPERTY VIEW TO SOUTH FROM BEACH ACCESS ENTRY TO NORTH OF PROPERTY EAST ELEVATION LOOKING NORTH PROPERTIES TO THE SOUTH LOOKING NORTH FROM OCEAN STREET PROPETIES TO NORTH STREET FRONTAGE IN 5' EASEMENT PROPETIES TO NORTH STREET FRONTAGE IN S' EASEMENT {city of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40' .) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the cuffent fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: ______ square feet x $ ____ /sq. ft. = $. ________ _ ⇒ Residential Addition Square Footage: ----=2=3...,_7_ square feet x $ 169,50 /sq. ft. = $_4 __ 0..._1--'7"---"1 ___ .5 __ 0 _____ _ ⇒ Any Garage Square Footage: ______ squarefeetx$. ____ /sq.ft. =$. ________ _ ⇒ Residential Conversion Square Footage: ______ square feet x $ ___ _;/sq. ft. = $ ________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE: $_4_0;;_/,,_1_7_1 _.5_0 _______ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 'rS[ 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 2459 Ocean St. P-6 Page 1 of? Revised 08/19 C D. Assessor's Parcel Number of proposed development 2030210201,2030210202,2030210203 E. Development Description: Briefly describe project: Multifamily renovation with small additions to 2 of the 3 units. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: single family homes south: single family homes East: single family homes west: single family homes G. Is project located within a 100-year flood plain? 11. PRESENT USE OF PROPERTY □Yes ~No A. Are there existing structures on the property? ~Yes D No If yes, please describe. Existing 3 unit residential structure, pool B. Will any existing structure be removed/demolished? ~Yes D No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Dormers on East facade, lowering roof in court, chimneys on North/South facades. Ill. LOT COVERAGE A. Existing and Proposed Existing Pro12osed Lot Total Building Coverage 4100 sq. ft. 4120 sq. ft. 9761 sq. ft. 42.2 % Landscaped Area 488 sq. ft. 488 sq. ft. 9761 sq. ft. 5.0 % Hardscape Area 4347 sq. ft. 4327 sq. ft. 9761 sq. ft. 44.3 % Unimproved Area (Left Natural) 830 sq. ft. 830 sq. ft. 9761 sq. ft. 8.5 % P-6 Page 2 of7 Revised 08/19 P-6 B. Parking: Number of existing spaces _1_0 ______ _ Number of new spaces proposed _O _______ _ Existing/Proposed TOTAL: _1_0 _____ _ Number of total spaces required _8 _____ _ Number of covered spaces _6 ________ _ Number of uncovered spaces _4 ______ _ Number of standard spaces _1_0 ______ _ Number of compact spaces _0~------ ls tandem parking existing? Is tandem parking proposed? OYes#_MNo D Yes#_!StNo C. Grade Alteration: &f°No Is any grading proposed? D Yes If yes, please complete the following: 1. Amount of cut __________________ cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet Maximum height of cut slope _____________ feet 4. 5. Amount of import or export cu. yds. 6. Location of borrow or disposal site _______________ _ Page 3 of7 Revised 08/19 : " C cityof 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 acrl.i~ve its proportional share of state greenhouse gas (GHG) emissions reductions. This checkl~ntains measures that are required to be implemented on a project-by-project basis to ensure{hat the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. lmptementation 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 A 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. A 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. A The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. A Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 City of Carlsbad Cl imate 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. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with 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 with 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 MTCOze/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Vvlll the proposed land use change result in the construction of less than any one of the following? • 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 whether it is below the 900 MTCOze/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 w~h 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 with 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-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/1 9 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. Project No./Name: Renovation for Villa Mira A La Costa, HOA Property Address/APN: 2459OceanSt/2030210201,2030210202,2030210203 Applicant Name/Co.: Jon Price / Spaces Renewed Applicant Address: 1107 S Coast Hwy, Oceanside, CA 92054 Contact Phone: 760-390-0067 Contact Email: jon@spacesrenewed.com 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): $ $40,171.50 Cofl1)lete Section(s) Notes: Residential □ New construction 2A, 3A and 4A Alterations: □ BPV :2: $60,000 1A All residential alterations □ BPV :2: $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ BPV ~ $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed D Nonresidential □ New construction I 1B, 2B, 3B, 4B and 5 □ Alterations: P-30 Page 3 of 7 Revised 04/19 r . City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions ~ 1,000 1B, 5 square feet □ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV ~ $200,000 Checklist Item Check the appropriae boxes, explan all rw:t ~ cl1Cl exception items, aid provide Sl4)POrti~ caculations and documenlation as necessa:y. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-34 7 and the California Green Building Standards Code (CAL Green) for more information when completing this section. A. D Residential addition or alteration ~ $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealinQ □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later □ N/A __________ _ □ Exception: Home energy score 2: 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package 8. D Nonresidential* new construction or alterations~ $200,000 building permit valuation, or additions ~ 1,000 square feet □ N/A ________ _ See CALGreen Appendix A5, Discussion A5.2, as amended in CS-347, Section 3. A5.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power □ NIA A5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) □ N/A A5.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget □ N/A A5.211 .1 ... □ On-site renewable energy □ N/A A5.211 .3 .. □ Green power (if offered by local utility provider, 50% minimum renewable sources) □ N/A A5.212.1 □ Elevators and escalators □ N/A A5.213.1 □ Steel framing □ 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 Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calrulated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1 .15 x #d.u.) *Formula calrulation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calrulated size, please explain. Exception □ □ □ □ kWdc B. D 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 Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □If< 10,000s.f. Enter: 5 kWdc Min. System Size: □ If<! 1 O,OOOs.f. calculate: 15 kWdc x (GFA/10,000) ** ___ kWdc **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 04/1 9 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D 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) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Recovered energy D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D 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. D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : D Multi-family residential : D 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 of7 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 D Nonresidential new construction (includes hotels/motels) □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces 5. D Transportation Demand Management (TOM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee AOT/1 ,000 square feet is selected from the City of Carlsbad Employee AOT Table. Use GFA Employee AOT/1 ,000 S.F. Total Employee AOT Total If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P. 11 requires new development that adds vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to detenmine whether this policy applies to your project. TOM plan required: Yes D No D LOE Staff Verification: □-----(staff initials) P-30 Page 7 of 7 Revised 04/19 C cityof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual , refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you , this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: Renovation for Villa Mira A La Costa, HOA PROJECT ID: ADDRESS: 2459 Ocean St. APN :20302102-01, 02, 03 The project is (check one): D New Development ~Redevelopment The total proposed disturbed area is: 70 ft2 ( .0Q16) acres The total proposed newly created and/or replaced impervious area is: 70 ft2 ( .0016) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ fl' 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. STEP2 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; □ M b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ d 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? □ d 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, ao to Step 3. E-34 Page 2 of 4 REV 04/17 ... STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECT$ 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 d collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ 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 □ g more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is F5' 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 d surface collectively over the entire project site and supports a hillside development project? A hillside □ development project includes development on any natural slope that is twenty-five percent or Qreater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ tL a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ g site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally d Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ g shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ M RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ d and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of d 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 stating "My project is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = 9,325 sq. ft. f(f □ Total proposed newly created or replaced impervious area (B) = 70 sq. ft . Percent impervious area created or replaced (B/A)*100 = . 75 % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete acclicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. dMy project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Jon Price Applicant Title: 'f~ot,10?{ 8 cJt&0£L J/175( -4-~ . 2,..0,Z,,O Applicant Signature: ___..,, Date: TY • Environmental! Sensitive Areas include but are not limited to all Clean Water Act Section 303 d im aired water bodies· areas desi nated as Areas of S ecial y ( ) p ' g p Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. Th. B fi C"f U O I IS ox or trV se nrv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 ( City of Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project lnfonnation Project Name: Renovation for Villa Mira A La Costa, HOA Project ID: DWG No. or Building Permit No.: Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 ~Yes □ No □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage ~Yes □ No □ N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind ~ Yes □ No □ N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 Source Control Requirement (continued) Applied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and [i] Yes □ No □ N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal !il Yes □ No □ NIA Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for guidance). □ On-site storm drain inlets □Yes □No □ N/A □ Interior floor drains and elevator shaft sump pumps □ Yes □ No □ N/A □ Interior parking garages □Yes □ No □ N/A □ Need for future indoor & structural pest control □ Yes □No □ N/A □ Landscape/Outdoor Pesticide Use □ Yes □ No □ N/A !il Pools, spas, ponds, decorative fountains, and other water features !il Yes !il No □ N/A □Foodservice □ Yes □ No □ N/A □ Refuse areas □ Yes □ No □ NIA □ Industrial processes □Yes □ No □ N/A □ Outdoor storage of equipment or materials □Yes □ No □ N/A □ Vehicle and Equipment Cleaning □Yes □ No □ N/A □ Vehicle/Equipment Repair and Maintenance □Yes □ No □ N/A □ Fuel Dispensing Areas □ Yes □ No □ N/A □ Loading Docks □ Yes □ No □ N/A □ Fire Sprinkler Test Water □ Yes □ No □ N/A □ Miscellaneous Drain or Wash Water □ Yes □ No □ N/A □ Plazas, sidewalks, and parking lots □ Yes □ No □ N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. SE-5 Fiber Rolls I E-36 Page 2 of 4 Revised 09/16 • Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion/ justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainaqe Pathways and Hvdroloqic Features I lil Yes I □ No I □ N/A Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soi ls, and Vegetation I lil Yes I □ No I □ N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I lil Yes I □ No I □ N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I lilYes I □ No ID NIA Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I lil Yes I □ No I □ NIA Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 • Site Design Requirement (continued) I Applied? SD-6 Runoff Collection I ~ Yes I □ No I □ N/A Discussion/justification if SD-6 not implemented: 5D-7 Landscaping with Native or Drought Tolerant Species I ~ Yes I □ No ID NIA Discussion/justification if SD-7 not implemented: 5D-8 Harvesting and Using Precipitation I ~ Yes I □ No I □ N/A Discussion/justification if SD-8 not implemented: - E-36 Page 4 of 4 Revised 09/16