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CUP 2020-0007; AT&T WIRELESS GRAND PACIFIC; Conditional Use Permit (CUP)
·nocL.-Sign Envelope ID: 758EFEE3-38F1-42E2-A368-299D91698FBA C 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 KJ Coastal Development Permit 1K] Minor ~ Conditional Use Permit Ix] Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits C bf -u12:0 ,-60 J[t:, cvf io ·w·· ooo-1 D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D 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 Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY 0 *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 211-022-32-00 5805 Armada Dr., Carlsbad, CA 92008 (STREET ADDRESS) T-Mobile CUP Renewal Renew Minor CUP. No physical work to be done. ESTIMATED COMPLETION DATE Development No. })E \/ J 9 0 S i" Lead Case No. cvp w2-u-0001 P-1 Page 1 of 6 Revised 03/17 • 'Docu~ign Envelope ID : 758EFEE3-38F1-42E2-A368-299D91698FBA () 0 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME (if applicable): (if applicable): Jose1;2h Rose COMPANY NAME Grand Pacific Palisades LP COMPANY NAME (if applicable): (if applicable): T-Mobile MAILING ADDRESS: 5900 Pasteur Court Ste. 200 MAILING ADDRESS: j 0509 ~ista Socre □to ekw¥, tt206 CITY, STATE, ZIP: Cadsbad CA 92QQ8 CITY, ST ATE, ZIP: San Diego, CA 92121 TELEPHONE: 760-431-8500 TELEPHONE: 858-334-6112 EMAIL ADDRESS: dproulx@gpresorts.com EMAIL ADDRESS: josepb cose4j@t-mobile 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 JcBOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY , OWD~l'e., ..... ,, SET FORTH HEREIN IS MY AUTHORIZ D REPRESENTATIVE FOR J6StfJ-, ~St-7/9/2020 PURPOSES OF THIS APPLICATION. Tim Stripe CN9,uil1¥!1i,nad11¥TimS.~ ON tncTI1'1S.,.,..o,au, ~~ h: F4464AD37BFE40B 4/4/19 ......... n,nP'l'90Jl!~l!..COIY\C-US 0Ma::2020.06.l616'\9'll•onl0' SIGNATURE DATE DATE SIG URE / / APPLICANT'S REPRESENTATIVE (Print): Samuel Gudifio/Smartlink ✓ MAILING ADDRESS: 3300 Irvine Ave. #300 CITY, STATE, ZIP: Newport Beach CA 92660 TELEPHONE: 760-612-9949 EMAIL ADDRESS: sam uel .gudinQ@smactlin~grQu Q .QQm 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. Digitally signed by Samuel Samuel Gudino ~~!~;02on106n:37:36 6/26/2020 SIGNATURE -u, uu 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 • Digitally signed by Tim Stripe T1 m tnPce DNrn•TimStdpe,o,ou, PROPERT O\VN~;,~e;;-r~~us FOR CITY USE ONLY P-1 Page 2 of 6 RECEIVED AUG 1 7 2020 CITY OF CARLSBAD DATE sf~~,&V~~~EIVED RECEIVED BY: Revised 03/17 @smartlink August, 2020 ATTN: Sarah Cluff -City of Carlsbad Project: MCUP Renewal at 5805 Armada Dr. (T-Mobile S006382) Sarah, The following documents have been included in this package per your email from July 6, 2020 Issue 1 P-1 front page: Minor CDP boxes will also need to be checked as you're submitting a MCUP&a MCDP Response Boxeschecked Issue 2 P-1 signature page: Signature page will require wet signatures or Adobe certified digital signatures for: i) Applicant, cursive font will not suffice, ii) Agent of Applicant, not provided, iii) Property Owner, at the bottom of the page, not provided Response Certified digital signature for all missing (and incorrect) signatures obtained Issue 3 P-1 A: Applicant's wet signature or Adobe certified digital signature required Response Certified digital signature obtained Issue 4 P-1 C: Agent of Applicant has signed where Applicant signature is required. Applicant's wet signature or Adobe certified digital signature required Response Applicant has digitally signed Issue 5 P-1 E: Applicant signature does not match the name of the Applicant provided on the P-1 signature page. Please have a single consistent individual provide their signature as Applicant. Response Revised signature has been obtained Issue 6 P-30 not provided. Chris Sexton's email on 1/9/20 was provided stating p-30 is required, no P-30 form was included in application package Response P-30 form now completed and included in package Issue 7 RF Report: Appendix Bis sated in section 4.1 to include actual readings for the WCF site. Appendix B provided is blank Response Revised report, including Appendix B, is now included Issue 8 Only 1 copy of the Title Document dated 3/17/2020 was provided. 2 total are required, please provide an additional copy Response Additional copy of title included Issue 9 Per the P-6 Minor CDP application, 2 copies of form E-34 are required, none were provided Response (2) copies of E-34 form are now included in package Issue 10 Per the P-6 Minor CDP application, noticing labels are required for both owners and occupants. Only Owners labels were provided Response Noticing labels for occupants have now been included in package Sincere~ ~llifino 8/13/2020 Date 3300 Irvine Ave. #300 I Newport Beach CA 92660 p 760.612.9949 I smartlinkllc.com OocL\Sign Envelope ID: 758EFEE3-38F1-42E2-A368-299O91698FBA { City 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) 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.___________ Corp/Part T-Mobile West LLC Title___________ Title Site Development Manager Address Address 10509 Vista Sorrento Pkwy #206, San Diego CA 92121 ----------- 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 Tim Stripe/David Brown Title Co-Presidents Address 5900 Pasteur Court Ste.200 Carlsbad, CA 92008 Corp/Part. ___________ _ Title ______________ _ Address ____________ _ Page 1 of 2 Revised 07/10 DocuSign Envelope ID: 758EFEE3-38F1-42E2-A36~99D91698FBA 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 ProfiVTrust.________ Non ProfiVTrust. _________ _ 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 lv'I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Tim Stripe Oig1lallf'"'1"eclb¥Trms..,_ ON· c:n=Tm SlnJla, o. OU, -11 .. 111ni-egpraaorts com, Cal.IS 0..2020.08.21111.24:56-01'00' Signature of owner/date Print or type name of owner Samuel Gudino Digitally signed by Samuel Gudino Date: 2020.06.22 18:06:42 -07'00' r;~ne~~~ F 1101 o,sa?9FE40O ... Signature of applicanVdate Joseph Rose Print or type name of applicant Signature of owner/applicant's agent if applicable/date Samuel Gudino for T-Mobile Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 Ccityof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: SD06382A MCUP Renewal APPLICANT NAME: T-Mobile Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ----------------------- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed project is an MCUP Renewal for a T-Mobile unmanned wireless facility at 5805 Armada Dr. in Carlsbad. The permits originally in place for this wireless facility are CUP 99-13 and MCUP 09-08. Per previous communication with the prior Associate Planner, Chris Sexton, MCUP 09-08 had expired in July of 2019 and a new MCUP as well as an Minor Coastal Development Permit would need to be applied for at this site. The existing wireless facility is fully screened and architecturally integrates into the existing building and surrounding area. The facility consists of (8) Panel Antennas, (8) RRUs and (16) coax cables along with associated cabinet eauioment. also screened from oublic view. P-1 (B) Page 1 of 1 Revised 07/10 Samuel Gudino From: Sent: Chris Sexton <Chris.Sexton@carlsbadca.gov> Thursday, January 9, 2020 2:56 PM To: Samuel Gudino Subject: RE: MCUP 09-08 (SD06382) Hi Samuel, Thank you for contacting me in regards to this Minor Conditional Use Permit and Minor Coastal Development Permit. Yes, since my last email with Jerrod, the city has adopted a Climate Action Plan. Along with every application submittal, a CAP Consistency Checklist -I have provided the link below: https://www.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D=32816 As the MCUP has expired, we need to treat it as an entirely new application and 4 sets of plans are required. Do you have a contact name or phone number for Grand Pacific Resorts? I can contact them and tell them a title report is required. Thank you, chvw se,a-ow Associate Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad CA 92008 P: 760-602-4631 F: 760-602-8558 Ccityof Carlsbad From: Samuel Gudino <samuel.gudino@smartlinkllc.com> Sent: Thursday, January 9, 2020 11:47 AM 1 Doc.uSign Envelope ID: 758EFEE3-38F1-42E2-A36~9D91698FBA 11 I ------------- (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): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: T-Mobile Address: 10509 Vista Sorrento Pkwy, #206 San Diego, CA 92121 Phone Number: 858-334-6112 Address of Site: 5805 Armada Dr. PROPERTY OWNER N Grand Pacific Palisades, L.P. ame: __________ _ Address: 5900 Pasteur Court Ste. 200 Carlsbad, CA 92008 Phone Number: 760-431-8500 Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_A_P_N_2_1_1_-_0_2_2_-_3_2_-_o_o _________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Samuel Gudino Digitally signed by Samuel Gudino Date: 2020.01.09 10:32:48 -08'00' Applicant Signature/Date ~~:~~ 7/9/2020 Tim Stripe 01g118l/vs1gnedbyT1m Stnpe ON. C!'l'-lim Stnpe, o, ou, emada.1str1pe@gpr'BS0r1s.com, cal)$ Oste.2020.0S.2616.25.55-07'00' 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 DocuSign Envelope ID: 758EFEE3-38F1-42E2-A368-299D91698FBA "ti - 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 {'__city of Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1 (D) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: _8--'/'--l_, ..... /_-i,v_, _______ (To be completed by City) ( J\J\) ~ ":" " bvo1 /,r l-.. i> -,o l.,v --W ~:>1 ... Application Number(s): ..,._,.__ =--L---'---'V'=fl.,.__ __ "---1 __ • .,,..c/ ...... _...._.;....._v' ____ 'f" __________ _ I General Information 1. Name of project: _S_D_0_6_3_8_2_A _________________ _ 2. Name of developer or project sponsor: _________________ _ Address: ___________________________ _ City, State, Zip Code: _______________________ _ Phone Number: _________________________ _ 3. Name of person to be contacted concerning this project: Samuel Gudino Address: 4473 Alabama St. #12 City, State, Zip Code: San Diego CA 92116 Phone Number: 760-612-9949 4. Address of Project: 5805 Armada Dr., Carlsbad CA 92008 Assessor's Parcel Number: 211-022-28-00 ---------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: _______________ _ 7. Existing zoning district: CT (Commercial Tourist) 8. Existing land use(s): _______________________ _ 9. Proposed use of site (Project for which this form is filed): ____________ _ Project Description 10. 11. 12: 13. 14. P-1(D) Site size: ___________________________ _ Proposed Building square footage: _N_/_A _________________ _ Number of floors of construction: _N_/_A __________________ _ Amount of off-street parking provided: _N_/_A ________________ _ Associated projects: _N_/_A ______________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _N_/ A ________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _NI_A ____________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/ A ____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _NI_A _______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: _NI_A_..._l '"""'M. ....... e ________________ _ P-1(O) 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 □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 1 0 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: 6/222020 . Samuel Gudino DigitallysignedbyS~m~elGu~in~ Signature: Date. 2020.01.09 10.49_51 -oe oo For: T-Mobile P-1 (D) Page 4 of 4 Revised 07/10 DocuSign Envelope ID: 758EFEE3-38F1-42E2-A368-299O91698FBA { City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Samuel Digitallysignedby -... Samuel Gudino Applicant Signature: Staff Signature: Date: 6/22/2020 To be stapled with receipt to the application P-1(E) Gudino Page 1 of 1 Date: 2020.07.06 13:54:56 -07'00' 7/9/2020 F4464AO378FE40B Revised 07/10 C_cityof Carlsbad ""tENTATIVE PARCEL MAJr WAIVER OF PROCESSING TIME LIMITS P-1{F) Proposed Minor Subdivision No.: __________ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Samuel Digitally signed by Gudl'no =~~6;~~~~ Samuel Gudino 1/9/2020 Signer is (check one): ______ 1_0:s_2:_4s_-oa_·_oo_· ______________ □Property Owner □Applicant Signature Print Name Date Digitally signed by Tim Stripe Tim Stripe;f~in~~':"~~'.oom, Signer is (check one): ______ 0a_'"'_2020_-06_-28_1a_,2e_,21_·01'00' ______________ □Property Owner □Applicant Signature Print Name Date P-1(F) Rev. 04/13 C_cityof Carlsbad TEN-1-ATIVE PARCEL MAP TENANT' NOTIFICATION STATEMENT (Statement of Compliance with Subdivision Map Act Sect. 66427.1) P-1(G) Proposed Minor Subdivision No.: ___________ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov I hereby certify that I have read Subdivision Map Act Section 66427 .1 (provided below) and that I will make all notifications to the tenants required therein. Samuel Gud·1noDigitallysignedbySamuelGudino Samuel Gud·,n-o Date: 2020.01.09 10:53:47 -08'00' Signature Print Name □Property Owner Tim Stripe Signature □Property Owner □Applicant Digitally signed by Tim Stnpe DN: m=Tim $tripe, o, ou, amail:ststripe@gpresorts.com, c=US Date: 2020.06.26 16:27:01 -07'00' □Applicant Subdivision Map Act Section 66427 .1 Print Name 1/9/2020 Date Date (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451 ). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1(G) Page 1 of 1 Revised 11/12 - Ccityof 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 current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: ______ square feet x $ _____ /sq. ft. = $ ________ _ ⇒ Residential Addition Square Footage: ______ square feet x $ ___ --/sq. ft.=$ ________ _ ⇒ Any Garage Square Footage: ______ square feet x $ ___ --/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: $ ____ N __ /;....;A _______ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) Ii] 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 5805 Armada Dr., Carlsbad CA P-6 Page 1 of 7 Revised 08/19 D. Assessor's Parcel Number of proposed development 211-022-28-00 E. Development Description: Briefly describe project:_R_e __ n ___ e __ w ___ a ..... l __ o ___ f __ C __ U ___ P _______________ _ F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Commercial South: Commercial East: Commercial West: Commercial G. Is project located within a 100-year flood plain? D Yes [ii No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? Ii] Yes D No If yes, please describe. Hotel B. Will any existing structure be removed/demolished? D Yes Ii] No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage sq. ft. N/A sq. ft. sq. ft. Landscaped Area sq. ft. N/A sq. ft. sq. ft. Hardscape Area sq. ft. NIA sq. ft. sq. ft. Unimproved Area (Left Natural) sq. ft. N/A sq. ft. sq. ft. P-6 Page 2 of 7 Revised 08/19 % % % % P-6 B. Parking: Number of existing spaces N/A Number of new spaces proposed _____ _ Existing/Proposed TOTAL: Number of total spaces required ------- Number of covered spaces Number of uncovered spaces _______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading proposed? D Yes Ii] No If yes, please complete the following: Dves#_ONo OYes#_ONo 1. Amount of cut __________________ cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. 5. 6. Maximum height of cut slope _____________ feet Amount of import or export cu. yds. Location of borrow or disposal site _______________ _ Page 3 of 7 Revised 08/19 The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right-hand corner of plan visible.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION Da. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Od. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of ground-mounted signs. Oh. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No. CS-347. Show locations for roof mounted and ground mounted systems and include power (KWdc) of each separate PV system. Di. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout EV Charging Stations, EV Ready, EV Capable as required per CMC Title 18.21.120-150. [Jj. Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per Ordinance No. CS-347. Ok. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0(2) Site acreage. 0(3) Existing Land Use Designation and Zoning. 0(4) Proposed land use. 0(5) Total building coverage (in square feet and as a percent). 0(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). 0(10) Climate Action Plan (CAP) Compliance (results from Section I1.D below) (a) Consistent with existing General Plan Land Use and Zoning -yes/no i. GHG Study required? -yes/no (b) Energy Efficiency requirement -yes/no (c) Photovoltaic requirement -yes/no i. ___ KW-de roof mounted ii. ___ KW-de ground mounted iii. ___ KW-de total project (d) Electric Vehicle Charging requirement yes/no i. ____ # EV Chargers ii. ____ # EV Ready iii. ____ # EV Capable (e) Hot Water Heating requirement yes/no (f) Traffic Demand Management Required yes/no Page 4 of 7 Revised 08/19 01. All applicable Fire Suppression Zones as required by the City's Landscape Manual. 8. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape plan is required, consult Chapter 1 -Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS . A completed Land Use Review Application Form. ~I}.' Completed Coastal Development Permit Application. [9"C. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with P-6 lanning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. Climate Action Plan (CAP) Checklist -See form P-30 -Complete form to demonstrate project compliance with the CAP. Applicable measures identified in checklist must be incorporated into project design features and data incorporated into the Summary Table. 1. If project meets employee ADT thresholds per checklist, include 2 (two) copies of a Transportation Demand Management (TDM) Plan with submittal. Refer to http://carlsbadca.gov/services/building/tdm.asp for information, guidelines and templates. Page 5 of7 Revised 08/19 ~ Disclosure Statement. ~ ~wo (2) copies of the Preliminary Title Report (current within the last six (6) months). [9G~mpleted "Project Description/Explanation" sheet. Of'( Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34). This form can be found on the City's website. (Distribute copy to Land Development Engineering). DI. If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. OJ. If, when completing the Storm Water Standards Questionnaire, the project is defined as a ''.~rity Development Project," submit a preliminary Storm Water Quality Management Plan _,ASWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad , / Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35). C'.]K. Property Owner's List and Addressed Labels: Minor Coastal Development Permit -required with application submittal 1. A typewritten list of the names and addresses of all property owners within a 100' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and any applicable Homeowners/Property Owners Association (HONPOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 100' radius of the subject property, all occupants within a 100' radius and the applicable HONPOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single- family residence, an apartment, suite or building number must be included on a separate line -DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 300' Radius Map: A map to scale not less than 1 "=200' showing each lot within 300' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 6 of 7 Revised 08/19 Coastal Development Permit -Single-Family Residence/Appealable Area -When the application is tentatively scheduled to be heard by the decision-making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 7 of 7 Revised 08/19 --------------....._ _______________ ,,, "''...._ ____________ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 {city of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). * *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. 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 • 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. • 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. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 02/20 City of Carlsbad Climate Action P an 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 include 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. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/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. Will 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 MTC02e/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 with 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 02/20 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: Property Address/APN: Applicant Name/Co.: CUP Renewal, I-Mobile SD06382 5805 Armada Dr. / 211-022-32 T-Mobile Applicant Address: 10509 Vista Sorrento Pkwy #206, San Diego CA Contact Phone: 760.612.9949 Contact Email: samuel.gudino@smartlinkgroup.com Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: 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): $ __________ _ □ Alterations: D BPV ~ $60,000 □ BPV ~ $60,000 □ Electrical service panel upgrade 0 BPV ~ $200,000 □ New construction □ Alterations: P-30 lA lA and 4A 4A lA and 4A lB, 2B, 3B, 4B and 5 Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist D BPV ~ $200,000 or additions ~ 1B, 5 1,000 square feet D BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area D ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. D Residential addition or alteration i? $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation D Cool roof D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 D 1991 and later B. D Nonresidential* new construction or alterations i? $200,000 building permit valuation, or additions i? 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: D .95 Energy budget D .90 Energy budget AS.211.1.** D On-site renewable energy AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 D Elevators and escalators AS.213.1 D Steel framing P-30 Page 4 of 7 D N/A _________ _ D Exception: Home energy score i? 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D Attic insulation D Duct Sealing □Cool roof Select one: D Lighting package D Water heating package ~ N/A CUP renewal D N/A □ N/A D N/A D N/A D N/A D N/A Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist ~ N/A CUP renewal * Includes 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. A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 califomia Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to cartsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. 0 Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet. Please refer to cartsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size: □If~ 10,000s.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 02/20 City of Carlsbad Climate Action P an Consistency Checklist 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.l(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 D 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 Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: A. D Residential New construction and major alterations* D Recovered energy 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 : _______________ _ □ Multi-family residential· D Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I Calculations: Total EVSE spaces= .10 xTotal parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") P-30 Page 6 of 7 Installed Total Revised 02/20 City of Carlsbad Climate Action P an 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. 0 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 A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TDM plan required : Yes □ No □ LDE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 02/20 • OocuSign Envelope ID: 758EFEE3-38F1-42E2-A368-299D91698FBA ~ City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 j 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: CUP Renewal PROJECT ID: SD06382 ADDRESS : 5805 Armada Dr., Carlsbad CA APN: 211-022-28 The project is (check one): D New Development D Redevelopment N/A (CUP Renewal) The total proposed disturbed area is: n/a ft2 ( n/a ) acres The total proposed newly created and/or replaced impervious area is: n/a ft2 ( n/a ) 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 n/a SWQMP#: n/a 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 • DocuSign Envelope ID: 758EFEE3-38F1-42E2-A368-299n91698FBA 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 Kl □ 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): This project is for the renewal of a CUP at the above mentioned address; no work is being performed with this permit 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; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above Questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/17 ~ Doc!Aiign Envelope ID: 758EFEE3-38F1-42E2-A368-299D91698FBA STEP3 TO BE COIIPLeTED FOR ALL NEW OR R&DEYELOPIIENT PROJecTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ 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 □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development proiects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ 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 □ □ 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 □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adiacent 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 □ □ 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 □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 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 ... II 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 f DocttSign Envelope ID: 758EFEE3-38F1-42E2-A368-299D91698FBA ' STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft . Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box statinQ "My project is a PDP ... " and complete aoolicant 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. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. ~ My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Joseph Rose Site Development/Real Estate Mi Applicant Name: Applicant Title: Applicant Signature: Q-"'""""' ~:~3~!~8 .. Date: 7/9/2020 .. .. • Environmentally Sens1t1ve Areas include but are not hm1ted to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 nagE (i Commonwealth Land Title Insurance Company GUARANTEE NO.: CA-SFXFC-IMP-81G28-1-20-92012095 Cl TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, COMMONWEALTH LAND 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. Commonwealth Land Title Insurance Company Countersigned: By: ---------- Authorized Officer or Agent CLTA Guarantee Face Page (06-05-14) © California Land Title Association. All rights reserved. Page 1 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 Tille Association. Order No. 92012095-920-CMM-CMS Guarantee No. CA-SFXFC-IMP-81 G28-1-20-92012095 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 Tenns. 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. CLTA 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, it 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. 92012095-920-CMM-CMB 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 CLTA Guarantee Exclusions and Conditions (06-05-14) © California Land Title Association. All rights reserved. .... Guarantet>--,/ CA-SFXFC-IMP-81 G28-1-20-92012095 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 Commonwealth Land Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. Page3 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.: 92012095-920-CMM-CM8 Guarantee No.: CA-SFXFC-IMP-81G28-1-20-92012095 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 92012095-920-CMM-CMB Guarantee No.: CA-SFXFC-IMP-81 G28-1-20-92012095 Date of Guarantee: March 17, 2020 at 7:30am 1. Name of Assured: Smartlink 2. The estate or interest in the Land which is covered by this Guarantee is: AFEE 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: Amount of Liability: $5,000.00 Fee: $1,125.00 Grand Pacific Palisades Hotel, L.P., a Delaware limited liability partnership 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. 81 G28 CL TA Guarantee Form No. 28 (06-05-14) Page 4 Condition of Title Guarantee © 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. 92012095-920-CMM-CMS EXHIBIT A LEGAL DESCRIPTION Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: 211-022-32 LOT 3 AND A PORTION OF LOT 1 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C. T. 96-01, ACCORDING TO MAP THEREOF NO. 13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 3, 1999 AS DOCUMENT NO. 99-065268 OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF SAID MAP NO. 13719, SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THE TRUE POINT OF BEGINNING. THENCE LEAVING SAID RIGHT OF WAY SOUTH 63°50'20" WEST {SOUTH 63°50'30" WEST RECORD MAP 13357) 412.46 FEET ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 13719 TO A POINT, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID LOT 3 OF SAID MAP NO. 13719; THENCE LEAVING SAID BOUNDARY LINE OF SAID MAP NO. 13719 AND ALONG THE WESTERLY LINE OF SAID LOT 3 NORTH 17°59'30" EAST 81.66 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30" WEST 33.20 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" EAST 2.17 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30" WEST 20.33 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" EAST 8.00 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30'! WEST 31.79 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" 138.23 FEET TO A POINT; SAID POINT BEING ON THE NORTHERLY LOT LINE OF SAID LOT 3 AND THE SOUTHERLY LOT LINE OF SAID LOT 1 OF MAP NO. 13719; THENCE LEAVING NORTHERLY LOT LINE OF SAID LOT 3 AND CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 1 NORTH 72°00'30" WEST 17.17 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE NORTH 17°59'30" EAST 22.91 FEET; THENCE LEAVING SAID WESTERLY LOT LINE OF SAID LOT 1 SOUTH 72°00'30" EAST 190.98 FEET; THENCE NORTH 17°59'30" EAST 46.83 FEET; THENCE SOUTH 72°00'30" EAST 64.32 FEET; THENCE NORTH 63°50'20" EAST 29.52 FEET; THENCE NORTH 17°59'30" EAST 52.68 FEET; THENCE NORTH 60°27'08" EAST 36.93 FEET TO A POINT ON SAID 621.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID ARMADA DRIVE; THENCE ALONG SAID RIGHT OF WAY ALONG 13°46'23" AN ARC DISTANCE OF 149.28 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: 211-022-28 AN UNDIVIDED 8/175THS FEE TITLE INTEREST IN THE COMMON AREA DELINEATED AS SUCH ON THAT CERTAIN CONDOMINIUM PLAN FOR VACATION AND FACILITIES/AMENITIES CONDOMINIUMS IN GRAND PACIFIC PALISADES RESORT RECORDED ON FEBRUARY 3, 1999, AS DOCUMENT NO. 1999-0065269 OF OFFICIAL RECORDS OF THE SAN DIEGO COUNTY RECORDER'S OFFICE, SAN DIEGO, CALIFORNIA, AND ALL AMENDMENTS MADE, OR WHICH MAY BE MADE, THERETO (THE "CONDOMINIUM PLAN"), BEING A PORTION OF THAT CERTAIN REAL PROPERTY LEGALLY DESCRIBED AS: 81G28 CLTA Guarantee Form No. 28 (06-05-14) Page 5 Condition of Title Guarantee © 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. 92012095-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 EXHIBIT A (Continued) LOT 2 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C. T. 96-01, ACCORDING TO MAP NO. 13719, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED7"NTHE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON FEBRUARY 3, 1999 AS FILE NO. 1999-0065268 (THE "LOT 2 PROPERTY") PARCEL 82: THE FOLLOWING CONDOMINIUM UNITS AS DELINEATED ON THE CONDOMINIUM PLAN: (I) GIFT SHOP UNIT (A-I); (II) ACTIVITIES DESK UNIT (A-2); (Ill) LOBBY AND FRONT DESK UNIT (A-3); (IV) OFFICE BEHIND FRONT DESK UNIT (A-4); (V) GYM UNIT (A-11 ); (VI) ADULT POOL, SPA, AND POOL DECK UNIT (A-13); (VII) GARAGE AND RAMPS UNIT (A-14). (VIII) MEETING ROOM UNIT (A-7) PARCEL 83: SUBJECT TO THE TERMS AND CONDITIONS OF DECLARATIONS: A NONEXCLUSIVE RIGHT TO ACCESS, CONDUCT BUSINESS IN, USE FOR THEIR RESPECTIVE INTENDED PURPOSES, AND/OR VISIT, THE OTHER FACILITIES/AMENITIES UNITS AS DELINEATED ON THE CONDOMINIUM PLAN, AS DESCRIBED IN THE DECLARATION, TOGETHER WITH A NONEXCLUSIVE RIGHT TO GO TO, FROM, OVER, UPON, UNDER, ACROSS AND THROUGH (AS MAY BE APPLICABLE) THE ASSOCIATION REAL PROPERTY, AS SUCH IS DELINEATED ON THE CONDOMINIUM PLAN, AND AS DESCRIBED IN THE DECLARATION, IN ORDER TO HAVE INGRESS AND EGRESS TO AND FROM EACH FACILITIES/AMENITIES UNIT. EXCEPTING TO GRANTOR FROM PARCELS 1 AND 2 ABOVE, TOGETHER WITH THE RIGHT TO GRANT TO OWNERS OF VACATION OWNERSHIP OWNERS AND OWNERS OF FACILITIES/AMENITIES CONDOMINIUMS: (I) EACH OF THE EASEMENTS AND OTHER RIGHTS RETAINED BY GRANTOR FOR THE BENEFIT OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND OTHER VISITORS, TO, FROM, OVER, UNDER, ACROSS AND THROUGH THE LOT 2 PROPERTY, AS SUCH EASEMENTS AND OTHER RIGHTS ARE SPECIFICALLY IDENTIFIED AND DESCRIBED IN: (A) THE DECLARATION REFERRED TO IN THIS DEED; AND (B) THE HOTEL OWNER(S) USE RIGHTS DECLARATION REFERRED TO IN THIS DEED: 81G28 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 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. 92012095-920-CMM-CMB EXHIBIT A (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 (II) THE NONEXCLUSIVE RIGHT (EASEMENT) OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS , AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND VISITORS TO ACCESS, CONDUCT BUSINESS IN, USE FOR THEIR RESPECTIVE INTENDED PURPOSES, AND/OR VISIT, EACH OTHER FACILITIES/AMENITIES UNIT AS DELINEATED ON THE CONDOMINIUM PLAN, AND DESCRIBED IN THE DECLARATION; AND (Ill) THE NONEXCLUSIVE RIGHT (EASEMENT) OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND OTHER VISITORS TO GO TO, FROM, OVER, UPON, UNDER, ACROSS AND THROUGH (AS MAY BE APPLICABLE) THE ASSOCIATION REAL PROPERTY, AS SUCH IS DELINEATED ON THE CONDOMINIUM PLAN, AND DESCRIBED IN THE DECLARATION, IN ORDER TO HAVE INGRESS AND EGRESS TO AND FROM EACH FACILITIES/AMENITIES UNIT. PARCEL B4: AN EASEMENT FOR AUTOMOBILE PARKING AND PEDESTRIAN INGRESS AND EGRESS PURPOSES AS GRANTED ON THAT CERTAIN PARKING EASEMENT AGREEMENT RECORDED JULY 10, 1997 AS FILE NO. 1997-0324277, OFFICIAL RECORDS, OVER A PORTION OF THE DESCRIBED PROPERTY AS DESCRIBED IN SAID AGREEMENT SUBJECT TO COVENANTS AND CONDITIONS CONTAINED THEREIN: LOT 15 OF CARLSBAD TRACT 94-09, CARLSBAD RANCH UNITS 2 AND 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 1, 1997. PARCEL B5: A PERMANENT AND NONEXCLUSIVE EASEMENT FOR PURPOSES OF PEDESTRIAN INGRESS AND EGRESS AND GENERAL PUBLIC ACCESS IN, OVER, UNDER, ACROSS AND ALONG THAT PORTION OF LOT 1 OF CARLSBAD MINOR SUBDIVISION NO. 97-03, ACCORDING TO PARCEL MAP THEREOF NO. 17877, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1997 AS DOCUMENT NO. 97-319148, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 11, 1996 AS DOCUMENT NO. 96-463214 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THENCE LEAVING SAID RIGHT OF WAY SOUTH 63°50'20" WEST (SOUTH 63°50'30" WEST RECORD MAP NO. 13357) 245.31 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, TO A POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 17°59'30" EAST 113.63 FEET ALONG THE WESTERLY LOT LINE OF SAID LOT 1; THENCE NORTH 72°00'30" WEST 42.00 FEET AT THE SOUTHERLY LOT LINE OF SAID LOT 1; THENCE LEAVING SAID SOUTHERLY LOT LINE NORTH 17 °59'30" EAST 5.00 FEET; THENCE SOUTH 72 °00'30" EAST 47.00 FEET; THENCE SOUTH 17° 59' 30" WEST 113.78 FEET TO A POINT, SAID POINT BEING ON THE SOUTHEASTERLY LOT LINE OF SAID LOT 1; THENCE SOUTH 63 °50'20" WEST (SOUTH 63°50' 30" WEST RECORD MAP NO. 13357) ALONG SAID SOUTHEASTERLY LOT LINE 6.97 FEET TO THE TRUE POINT OF BEGINNING. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Page 7 Condition of Title Guarantee © 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. 92012095-920-CMM-CMS PARCEL B6: EXHIBIT A (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 AN EASEMENT FOR ACCESS, PARKING, DRAINAGE AND UTILITIES OVER, ACROSS AND UPON LOT 1 OF PARCEL NO. 17877, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. APN: 211-022-28, 211-022-32 81G28 CLTA 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. Order No. 92012095-920-CMM-CM8 Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 SCHEDULE B A Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021. B. 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: 211-022-28-00 2019-2020 $404,656.09, paid. $404,656.09, Open (Delinquent after April 10) $40,475.60 None 09034 C. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Code Area: Supplemental Bill No.: 211-022-2 8-00 2018-2019 $488,44, paid $488.44, Open 09034 889-460-54-88 D. 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: 211-022-32-00 2019-2020 $59,491.79, paid. $59,491.79, Open (Delinquent after April 10) $5,959.17 None 09034 E. The Herein Described Property Lies Within the Boundaries of a Mello-roes Community Facilities Diestrict (Cfd) as Follows: Name: M-R CARLSBAD CFO #1 Disclosed by: The San Diego County Tax Records F. 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. G. 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. 81 G28 CL TA Guarantee Form No. 28 (06-05-14} Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 9 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. 92012095-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 SCHEDULE B (Continued) MATTERS AFFECTING PARCEL A: 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960 of Official Records Lot 1 2. 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 Date: Recording No: January 12, 1994 1994-0027697, 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. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: July 5, 1995 Recording No: 1995-0283827, Official Records 3. An Agreement, and the terms and conditions as contained therein Dated:. By and Between:. Recording Date: Recording No.: July 5, 1994 Carltas Company and City of Carlsbad July 20, 1994 1994-0449965, Official Records Regarding: Agreement Between Developer-Owner and the City of Carlsbad for Payment of a Facilities Fee for Inside the Boundaries of Community Facilities Reference is hereby made to said document for full particulars. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Map/Plat: Purpose: Affects: Map No. 13719 public sidewalk Lot 1 and 3 as shown on said Map No. 13719 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 10 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. 92012095-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 SCHEDULE B (Continued) 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, 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 Date: April 2, 1997 Recording No: 1997-0150347, 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. 6. Covenant to Indemnity Recording Date: April 16, 1997 Recording No.: 1997-0176000, Official Records 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Pacific Resort LLC, a California limited liability company parking easement July 10, 1997 1997-0324277, Official Records The exact location and extent of said easement is not disclosed of record 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 Date: August 5, 1997 Recording No: 1997-0372432, Official Records 9. 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 Date: Augusts, 1997 Recording No: 1997-0372433, 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. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 11 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. 92012095-920-CMM-CMS Policy No. CA-SFXFC-IMP-81 G28-1-20-92012095 SCHEDULE B (Continued) 10. Notice Concerning Aircraft Environmental Impacts Recording Date: August 5, 1997 Recording No.: 1997-0372469, Official Records 11. Notice Concerning Aircraft Environmental Impacts Recording Date: August 18, 1997 Recording No.: 1997 -0395896 , Official Records Reference is hereby made to said document for full particulars. Affects: Lot 1 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego aircraft operations, sound, air space and avigation August 19, 1997 1997-400293, Official Records Lot 1 Said instrument provides or establishes: "Granter" also a agrees to defend, indemnity and hold harmless the city of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county. 13. Reciprocal Indemnity Agreement (Lots 11 and 14 of Carlsbad Ranch) Recording Date: Recording No.: September 23, 1997 1997-468039, Official Records Reference is hereby made to said document for full particulars. Affects: Lot 1 14. Reciprocal Indemnity Agreement (Lot 6 of Carlsbad Ranch Recording Date: September 26, 1997 Recording No.: 1997-04 76786, Official Records Reference is hereby made to said document for full particulars. Affects: Lot 1 15. Reciprocal Indemnity Agreement (Lot 7 of Carlsbad Ranch) Recording Date: September 26, 1997 Recording No.: 1997-04 76787, Official Records 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 12 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. 92012095-920-CMM-CMS Policy No. CA-SFXFC-IMP-81 G28-1-20-92012095 SCHEDULE B (Continued) Reference is hereby made to said document for full particulars. Affects: Lot 1 16. Reciprocal Indemnity Agreement (Lot 9 of Carlsbad Ranch) Recording Date: January 9, 1998 Recording No.: 1998-0011656, Official Records Reference is hereby made to said document for full particulars. Affects: Lot 1 17. Reciprocal Indemnity Agreement (Lot 1 O of Carlsbad Ranch) Recording Date: January 9, 1998 Recording No.: 1998-011932, Official Records Reference is hereby made to said document for full particulars. Affects: Lot 1 18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 1998-0138097, Official Records Lot 1 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Grand Pacific Palisades LLC, a California limited liability company Access, parking, drainage and utilities June 12, 1998 1998-0356919, Official Records Lot 1 20. Cable Television Hotel/Timeshare Billing Agreement and Grant of Easement Recording Date: July 9, 1998 Recording No.: 1998-0424986, Official Records Reference is hereby made to said document for full particulars. 21. Hold Harmless Agreement Drainage Recording Date: Recording No.: October 13, 1998 1998-0656884, Official Records 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 13 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. 92012095-920-CMM-CMS SCHEDULE B (Continued) Reference is hereby made to said document for full particulars. 22. Hold Harmless Agreement Geological Failure Recording Date: Recording No.: October 13, 1998 1998-0656885, Official Records Reference is hereby made to said document for full particulars. Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: 24. Quitclaim Deed Recording Date: Recording No.: Carlsbad Municipal Water District public utilities, ingress, egress November 12, 1998 1998-0735569, Official Records Lot 1 March 5, 2020 2020-114969, of Official Records 25. Common Improvements Maintenance and Maintenance Cost-sharing Agreement for Grand Pacific Palisades Resort Hotel and Restaurant Recording Date: Recording No.: December 18, 1998 1998-0832764, Official Records Reference is hereby made to said document for full particulars. 26. Recitals as shown on that certain map/plat map No. 13719 Which among other things recites This subdivision is a condominium project as defined in section 13151 of the Civil Code of the State of California and is filed pursuant to provisions of the subdivision map act. The project includes a maximum of 161 timeshare units on Lot 2 .. Reference is hereby made to said document for full particulars. 27. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Lot 1 Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 14 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. 92012095-920-CMM-CM8 SCHEDULE B (Continued) 28. Matters contained in that certain document Entitled: Recording Date: Recording No: Encroachment Agreement December 10, 2018 2018-0506636 Official Records Reference is hereby made to said document for full particulars. 29. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage December 27, 2018 2018-0530249 Official Records Reference is hereby made to said document for full particulars. 30. Matters contained in that certain document Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 Entitled: Recording Date: Hold Harmless Agreement Geological Failure December 27, 2018 Recording No: 2018-0530251 Official Records Reference is hereby made to said document for full particulars. 31. Matters contained in that certain document Entitled: Recording Date: Recording No: Permanent Stormwater Quality Best Management Practice Maintenance Agreement December 27, 2018 2018-0530252 Official Records Reference is hereby made to said document for full particulars. MATTERS AFFECTING PARCEL B: 32. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960, Official Records Parcel 84 81 G28 CL TA Guarantee Form No. 28 (06-05-14) Page 15 Condition of Title Guarantee © 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. 92012095-920-CMM-CMS SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 33. 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 Date: Recording No: January 12, 1994 1994-0027697, 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. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: July 5, 1995 Recording No: 1995-0283827, Official Records 34. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tracUplat; Map/Plat: 13719 Purpose: public sidewalk Affects: Lots 1, 2 and 3 as shown on said Map No. 13719 35. 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 Date: April 2, 1997 Recording No: 1997-0150347, 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. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 16 The use of this Form is restrided 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. 92012095-920-CMM-CMS 36. Covenant to Indemnity Recording Date: Recording No.: April 16, 1997 SCHEDULE B (Continued) 1997-0176000, Official Records Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 37. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Ranch Company, LP., a California partnership Access, parking, drainage and utilities June 12, 1998 1998-0356918, Official Records The route thereof affects a portion of said land and is more fully described in said document. 38. Hold Harmless Agreement Recording Date: June 20, 1997 Recording No.: 1997-0287909, Official Records Affects: Parcel 84 39. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Armada Drive, excepting therefrom access opening No. 1 as shown on Map No. 13719 40. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Pacific Resort LLC, a California limited liability company parking easement July 10, 1997 1997-0324277, Official Records The exact location and extent of said easement is not disclosed of record 41. 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 Date: August 5, 1997 Recording No: 1997-0372432, 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. 81G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 17 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. 92012095-920-CMM-CMS SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 42. 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 Date: August 5, 1997 Recording No: 1997-0372433, 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. 43. Notice Concerning Aircraft Environmental Impacts Recording Date: August 5, 1997 Recording No.: 1997-0372469, Official Records Affects: Parcel 84 44. Notice Concerning Aircraft Environmental Impacts Recording Date: August 18, 1997 Recording No.: 1997-0395896, Official Records 45. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego aircraft operations, sound, air space and avigation August 19, 1997 1997-0400293, Official Records Parcel 84 Said instrument provides or establishes: Granter'' also a agrees to defend, indemnity and hold harmless the city of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county. 46. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego Aircraft operations, sound, air space and avigation August 19, 1997 1997-0400294 of Official Records Parcel 84 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 18 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. 92012095-920-CMM-CMB SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 Said instrument provides or establishes: Granter'' also a agrees to defend, indemnity and hold harmless the city of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county. 47. Reciprocal Indemnity Agreement (Lots 11 and 14 of Carlsbad Ranch) Recording Date: September 23, 1997 Recording No.: 1997 -468039, Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 84 48. Reciprocal Indemnity Agreement (Lot 6 of Carlsbad Ranch) Recording Date: September 26, 1997 Recording No.: 1997-04 76786, Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 84 49. Reciprocal Indemnity Agreement (Lot 7 of Carlsbad Ranch) Recording Date: September 26, 1997 Recording No.: 1997-04 76787, Official Records Reference is hereby made to said document for full particulars. Affects: Lot2 50. Reciprocal Indemnity Agreement (Lot 9 of Carlsbad Ranch) Recording Date: January 9, 1998 Recording No.: 1998-0011656, Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 84 51. Reciprocal Indemnity Agreement (Lot 10 of Carlsbad Ranch) Recording Date: January 9, 1998 Recording No.: 1998-011932, Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 84 81G28 CLTA Guarantee Form No. 28 (06-05-14) Page 19 Condition of Title Guarantee © 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. 92012095-920-CMM-CM8 Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 SCHEDULE B (Continued) 52. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 1998-0138097, Official Records Parcel B4 53. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 1998-0138098, Official Records Lot2 54. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Grand Pacific Palisades LLC, a California limited liability company access, parking, drainage and utilities June 12, 1998 1998-0356919, Official Records Parcel B4 55. Cable Television Hotel/Timeshare Billing Agreement and Grant of Easement Recording Date: July 9, 1998 Recording No.: 1998-0424986, Official Records Reference is hereby made to said document for full particulars. 56. Hold Harmless Agreement Drainage Recording Date: Recording No.: October 13, 1998 1998-0656884, Official Records Reference is hereby made to said document for full particulars. 57. Hold Harmless Agreement Geological Failure Recording Date: Recording No.: October 13, 1998 1998-0656885, Official Records Reference is hereby made to said document for full particulars. 81 G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 20 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. 92012095-920-CMM-CMB SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 58. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public utilities, ingress, egress November 12, 1998 1998-0735566, Official Records Lot2 59. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public utilities, ingress, egress November 12, 1998 1998-0735569, Official Records Parcel B 60. Common Improvement Maintenance and Maintenance Cost-sharing Agreement Recording Date: Recording No.: December 18, 1998 1998-0832764, Official Records Reference is hereby made to said document for full particulars. 61. Recitals as shown on that certain map/plat map no. 13719 Which among other things recites This subdivision is a condominium project as defined in section 13151 of the Civil Code of the State of California and is filed pursuant to provisions of the subdivision map act. The project includes a maximum of 161 timeshare units on Lot 2 .. Reference is hereby made to said document for full particulars. 62. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Map/Plat: Purpose: Affects: Purpose: Affects: Map/Plat: Purpose: Affects: Purpose: Affects: Map/Plat: Purpose: Affects: 13719 general utilities lot 2 as shown on said map access lot 2 as shown on said map 13719 general utilities lot 2 as shown on said map drainage lot 2 as shown on said map 13719 public utility lot 2 as shown on said map 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 21 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. 92012095-920-CMM-CMS Purpose: Affects: Map/Plat: Purpose: Affects: SCHEDULE B (Continued) sight distant corridor lot 2 as shown on said map 13719 loop detection lot 2 as shown on said map Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 63. 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: Recording No: February 3, 1999 1999-65270, 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. An Assignment of Declarant's Rights Recording Date: April 29, 1999 Recording No.: 1999-288506, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated units in Grand Pacific Palisades Resort Recording Date: June 30, 1999 Recording No.: 1999-455398, Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: Recording No: November 13, 2001 2001-0825055, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated units Recording Date: Recording No.: November 13, 2001 2001-0825056, Official Records 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reseNed. Page 22 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. 92012095-920-CMM-CMS SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81 G28-1-20-92012095 A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: Recording No.: September 6, 2002 2002-761781, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: January 9, 2003 Recording No.: 2003-027867, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 22, 2004 Recording No.: 2004-0578254, Official Records A document entitled: Certificate de-designation was recorded: Recording Date: June 22, 2004 Recording No.: 2004-0578255, Official Records 64. A document entitled: Certificate de-annexation was recorded: Recording Date: June 22, 2004 Recording No.: 2004-0578256, Official Records A Declaration of Modified Annexation was recorded: Recording Date: June 22, 2004 Recording No.: 2004-0578257, Official Records A document entitled: Certificate (Declaration) of Designation of Vacation Units in Grand Pacific Palisades Resort Recording Date: June 22, 2004 Recording No.: 2004-0578258, Official Records A document entitled: Certificate of Designation was recoded Recording Date: June 28, 2004 Recording No.: 2004-604837, Official Records A document entitled: Certificate of Designation was recoded Recording Date: July 19, 2004 Recording No.: 2004-671680, Official Records 81G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 23 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. 92012095-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-20-92012095 SCHEDULE B (Continued) A document entitled: Certificate of Designation was recoded Recording Date: Recording No.: September 30, 2004 2004-92997 4, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: May 16, 2005 Recording No.: 2005-0408329, Official Records 65. Grand Pacific palisades Resort and Hotel Cost-Sharing Agreement Recording Date: Recording No.: And Amended: Recording Date: Recording No.: Second Amended; Recording Date: Recording No.: Third Amended; Recording Date: Recording No.: February 3, 1999 1999-065271 , Official Records June 28, 2004 2004-0604839, Official Records August16,2005 2005-0701987, Official Records January 15, 2019 2019-0015932 Official Records Reference is hereby made to said document for full particulars. 66. Declaration of covenants, conditions and restrictions relating to Hotel Owners Use Rights Recording Date: Recording No.: February 3, 1999 1999-065272, Official Records Reference is hereby made to said document for full particulars. 67. License Agreement for Use of Garage and Ramps Unit Recording Date: Recording No.: February 3, 1999 1999-065273, Official Records Reference is hereby made to said document for full particulars. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 24 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. 92012095-920-CMM-CMS Policy No. CA-SFXFC-IMP-81 G28-1-20-92012095 SCHEDULE B (Continued) 68. 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 Date: Recording No: February 18, 2000 2000-084875, Official Records 69. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Lessee: Grand Pacific Palisades, LLC, a California limited liability company, formerly known as Carlsbad Pacific Resort LLC, a California limited liability company Pacific Bell Mobile Services, a California corporation Recording Date: May 9, 2000 Recording No: 2000-0239897, Official Records 70. Hold Harmless Agreement Drainage Recording Date: July 17, 2000 Recording No.: 2000-037 4941, Official Records 71. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Lease Grand Pacific Palisades, LLC, a California limited liability company Airtouch Cellular, a California corporation dba Verizon Wireless October 11, 2000 2000-0547108, Official Records 72. Memorandum of Agreement Recording Date: Recording No.: October 31, 2003 2003-01323112, Official Records Reference is hereby made to said document for full particulars. 73. Notice of Restriction on Real Property by the city of Carlsbad Recording Date: Recording No.: January 21, 2005 2005-054771, Official Records 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 25 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. 92012095-920-CMM-CMB SCHEDULE B (Continued) Policy No. CA-SFXFC-IMP-81 G28-1-20-92012095 74. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: as set forth therein August 16, 2005 2005-0701986, Official Records The route thereof affects a portion of said land and is more fully described in said document. MATTERS AFFECTING ALL PARCELS: 75. Water rights, claims or title to water, whether or not disclosed by the public records. 76. 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: $12,000,000.00 August 25, 2015 Grand Pacific Palisades Hotel, L.P., a Delaware limited liability company Chicago Title Company First Foundation Bank 30019800 August28,2015 2015-0457219 of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Recording Date: Recording No: Grand Pacific Palisades Hotel, L.P., a Delaware limited liability partnership and First Foundation Bank March 15, 2019 2019-0092577, of Official Records 77. 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: $11,400,000.00 March 7, 2019, Grand Pacific Palisades Hotel, L.P., a Delaware limited liability partnership Chicago Title Company First Foundation Bank 40003100 March 15, 2019 2019-0092576, of Official Records 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Page 26 Condition of Title Guarantee © 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. ,. a ... ft s I,. •. Ir 1r a!( ~( ~ .!l ; iH! t•·t 1j rr' fl rl H I ~l ~ j t ~ f· ~ i!. i i .. r i I r~ _, .. ..., 8 I 09 I JI I 1 i ' C£W 1• -1••1oo' (:W) -J .,,,,.. --------.. ,, '· @ '\, \ C£Ie,L T .. r-,o,r '--~ ,,.,,,, , •1'Wlf"l a&.tt • thillr"r ,.. .. ~~....., ,~asz ~:.mG-ill'l M ..,... .... 17\.11 i~lii @ ~~~,-:--~-~~ ... ,......,.._ a.... ' -~ -~ -- g ----lilaiml!l• I ~?!2 I lJ'lf»tJ ldP ----... Fl • t ·· ,., ... ., ..... ~.,_-1 .. • ~--■1-. W I u •l•I• ---IDll'f -J Oj:1 ,~ ('m:""""2Jn•n• ~1'0f--T~ KI / CCU&. :r -1••50' ~!_.; /·-~ ~ .. ....._ ....... -~-•-r "'-w.. ~·L • ~-.. __!•till P,:e~'Tn..."""::>.!l'lL.J:llL___ t'I ~ff-.• :. • OCTM ::U: -1• \ -• -...1 l ,;::· WAI' IJ719 -CAALS8AO IWICH HOID. ~ llMESHNIE Rl:SOU CT 9&-01 1 ..,,...,.. "-" ~V MN' 13"!17 -CARL!AAO TCT NO 9-4-09 CARL.SllAJl RANCM UNIT 1 o .. _ ,._,. MN' 1321~ -CARI.SAAO TCT NO ~-7 UNIT ~ • --k lt ~c§ ,,'.f.Js\:i.fm:Ms.l~!~ 92-7 UNITS 1 .t 2 ,./ @ smartlink View of Site (Looking Northeast): Photo taken 2/21/2020 Photo Survey T-Mobile: $D06382 (CUP Renewal) 5805 Armada Dr., Carlsbad CA ll Page @ smartlink View of Site (Looking South): Photo taken 2/21/2020 Photo Survey T-Mobile: SD06382 (CUP Renewal) 5805 Armada Dr., Carlsbad CA 21 Page