HomeMy WebLinkAboutCUP 2021-0005; MEBE EDUCATIONAL FACILITY; Conditional Use Permit (CUP)DocuSign Envelope ID: B5F1 D4F4-90AF-45A7-A,.-5E5A501 D0492 .....
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C_cicyof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Pennit
Ii] Conditional Use Pennit
Ii] Minor D Extension
D Day Care (Large)
D Minor
D Environmental Impact Assessment
D Habitat Management Pennit
D Hillside Development Pennit
D Minor
D Minor
D Nonconfonning Construction Pennit
D Planned Development Pennit D Minor
D Residential D Non-Residential
D Planning Commission Detennination
D Reasonable Accommodation
D Site Development Plan
D Special Use Pennit
D Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
tvr u 2-1 , 00 O.("
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Pennit
D Administrative D Minor D Major
Village Review Area Permits
D Review Pennit
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.
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S): 209-083-22 -----------------------------------LO CAT IO N OF PROJECT: 2888 Loker Avenue East Suite #105, Carlsbad, CA 92010
(STREET ADDRESS)
NAME OF PROJECT: MEBE
BRIEF DESCRIPTION OF
PROJECT: Educational training facility to provide integrated educational services for children with autism.
PROJECT VALUE
(SITE IMPROVEMENTS) TBD ESTIMATED COMPLETION DATE TBD
FOR CITY USE ONLY
Development No. t> j; I/ l,Q 2.--I ,,_ 00 {, 0 Lead Case No.
P-1 Page 1 of6 Revised 10/20
DocuSign Envelope ID: B5F1 D4F4-90AF-45A7-Af""'sE5A501 DD492
OWNER NAME (PLEASE PRINT) The Larchmont Group APPLICANT NAME (PLEASE PRINT) MEBE
INDIVIDUAL NAME INDIVIDUAL NAME
(if applicable): David Zaslow (if applicable): Patrick Bunt
COMPANY NAME COMPANY NAME
(if applicable): Carlsbad Office Tech Center, LLC (if applicable): MEBE
MAILING ADDRESS: 3600 Lime Street, Suite 421 MAILING ADDRESS: 2888 Loker Avenue East Suite #105
CITY, STATE, ZIP: Riverside, CA 92501 CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: 909-605-7766 TELEPHONE: 619-564-864 7
EMAIL ADDRESS: info@thelarchmontgroup.com EMAIL ADDRESS: patrick@mebefamily.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR ~:;J-M P' 1 ·-QiyJHIS APPLICATION.
( D,n,:i 4,.<( Ahl 3/16/2021 3/16/2021
~~!~B7D4C2 DATE SIGN~1,ei,,iee ... DATE
APPLICANT'S REPRESENTATIVE (Print): Stan Weiler
MAILING ADDRESS: 2888 Loker Avenue East, Suite 217
CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: (760) 929-2288 Ext 402
EMAIL ADDRESS: sweiler@hwl-pe.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
~ff 3/16/2021
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
Ti.tP-11W~1'ANl?J BIND ANY SUCCESSORS IN INTEREST. v~tl 1:,,s/.J)IJJ
·ERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of6
REC~EJ1JED
MAR 2 3 2021
CITY OF-CAf<I_SBAD
PLAl\ll\JII\JG DIVISIC~~
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 10/20
...... --
DocuSign Envelope ID: B5F104F4-90AF-45A7-AciE5A50100492
C_cicyof
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 Patrick Bunt Corp/Part __ M_E_B_E ________ _
Title Manager Title _____________ _
Address 2888 Loker Ave E. #105 Carlsbad, CA 92010 Address 2888 Loker Ave E. #105 Carlsbad, CA 92010
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 David Zaslow Corp/Part Carlsbad Office Tech Center, LLC
Title Managing Member Title c/o The Larchmont Group
Address _________ _ Address 3600 Lime Street, Suite 421
Riverside, CA 92501
Page 1 of 2 Revised 07/10
DocuSign Envelope ID: B5F1D4F4-90AF-45A7-AciE5A501DD492
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust. _______ _ Non Profit/Trust. _________ _
Title ___________ _ Title _____________ _
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes l ✓I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge. rvDocuSlg-by: loDocuSlg-by:
V:::!-.. ~~ 3/16/20,1 i!:~ .. ~ 3116/2021
Signature of owner/date Signature o applicant/date
David Zaslow Patrick Bunt
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Stan Weiler -HWL
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
Secretary of State
Statement of Information
(Limited Liability Company)
IMPORTANT -Read instructions before completing this form.
Filing Fee -$20.00
Copy Fees -First page $1.00; each attachment page $0.50;
Certification Fee -$5.00 plus copy fees
LLC-12 19-C44833
FILED
In the office of the Secretary of State
of the State of California
JUN 26, 2019
This Space For Office Use Only
1. Limited Llablllty Company Name (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.)
CARLSBAD OFFICE TECH CENTER LLC
2. 12-Dlgit Secretary of State File Number
201905310098
3. State, Foreign Country or Place of Organization (only if formed outside of California)
CALIFORNIA
4. Business Addresses
a. Street Address of Principal Office -Do not list a P.O. Box City (no abbreviations) State Zip Code
11693 San Vicente Bl., #331 Los Angeles CA 90049
b. Mailing Address of LLC, If different than Item 4a City (no abbreviations) State Zip Code
11693 San Vicente Bl., #331 Los Angeles CA 90049
c. Street Address of Callfomla Office, if Item 4a is not in California -Do not list a P .0. Box City (no abbreviations) State Zip Code
11693 San Vicente Bl., #331 Los Angeles CA 90049
5. Manager(s) or Member(s)
If no managers have been appointed or elected, provide the name and address of each member. At least one name llHI. address
must be listed. If the manager/member is an individual, complete Items Sa and Sc (leave Item Sb blank). If the manager/member is
an entity, complete Items Sb and Sc (leave Item Sa blank). Note: The LLC cannot serve as its own manager or member. If the LLC
has additional managers/members, enter the name(s) and addresses on Form LLC-12A (see instructions).
a. First Name, if an individual -Do not complete Item 5b I Middle Name I LastName I Suffix
David Zaslow
b. Entity Name -Do not complete Item 5a
c. Address I City (no abbreviations) I State I Zip Code 11693 San Vicente Bl., #331 Los Angeles CA 90049
6. Service of Process (Must provide either Individual OR Corporation.)
INDMDUAL -Complete Items Sa and Sb only. Must include agent's full name and California street address.
a. California Agent's First Name (if agent is not a corporation) Middle Name I Last Name I Suffix
David Zaslow
City (no abbreviations) b. Street Address (if agent is not a co~oration) -Do not enter a P.O. Box 11693 San Vicente Bl., # 31 Los Angeles I State I Zig Code CA 0049
CORPORATION -Complete Item Sc only. Only include the name of the registered agent Corporation.
c. California Registered Corporate Agent's Name (if agent is a corporation) -Do not complete Item Sa or Sb
7. Type of Business
a. Describe the type of business or services of the Limited Liability Company
Real Estate
8. Chief Executive Officer, If elected or appointed
a. First Name Middle Name I Last Name I Suffix
David Zaslow
b. Address City (no abbreviations) I State I Zip Code 11693 San Vicente Bl., #331 Los Angeles CA 90049
9. The Information contained herein, Including any attachments, Is true and correct.
06/26/2019 David Zaslow Real Estate Management
Date Type or Print Name of Person Completing the Form Tide Signature
Return Address (Optional) (For communication from the Secretary of State related to this document, or if purchasing a copy of the filed document enter the name of a
person or company and the mailing address. This information will become public when filed. SEE INSTRUCTIONS BEFORE COMPLETING.)
Name: r
Company:
Address:
City/State/Zip: L
LLC-12 (REV 01/2017)
l
J
Page 1 of 1 2017 California Secretary of State
www.sos.ca.gov/business/be
r DocuSign Envelope ID: 7F93C983-2C11-483C-9A43-~ 663A125
VMT ANAL VSIS
MEBE-MCUP
CUP 2021-0005
City of Carlsbad
MAY 11 2021
Planning Division
In accordance with the screening criteria provided in Section 3.2 of the City of Carlsbad Vehicle
Miles Traveled Analysis {VMT) Guidelines, a project that generates less than 110 ADT would be
presumed to have a less than significant transportation impacts. Based on the ADT calculations
provided below, this proposed project demonstrates a total of 64 ADT for this particular use.
(22 CLIENTS X 2 TRIPS PER CLIENT)+ (8 EMPLOYEES X 2.5 TRIPS PER DAY)= 64 ADT.
Estimated average daily trips {ADT) will be 64.
The increased ADT associated with the proposed education center can be accommodated by the
existing street system. The total ADT is less than 110 and there are no significant impacts,
therefore a VMT analysis is not required. Additionally, since the project generates less than 110
ADT, no additional trip reduction strategies are necessary.
In accordance with Carlsbad Municipal Code Table 18.42.020 and the SAN DAG Generation Rates,
the Estimated Weekday Vehicle Trip Generation Rate for the existing development is 16/1,000
SF for Industrial/Business Park land use designation. The ADT calculations provided below
demonstrate a total of 57.6 ADT for the current use. These ADT calculations are additionally listed
on Climate Action Plan P-30 form.
[3,600 SF X (16 ADT/1,000 SF)]= 57.6 ADT.
Current ADT is 57.6.
Per Section 18.42.050{A) of the Carlsbad Municipal Code, a traffic impact fee of $129.00 is to be
paid for each average daily trip generated by a commercial or industrial project. Based on the
ADT calculations provided below, this project demonstrates a difference of 6.4 ADT for the
proposed use. We expect to pay a traffic impact fee of $825.60 upon permit approval based on
our calculations below.
(64 Proposed ADT-57.6 Current ADT) = 6.4 ADT.
($129 / ADT X 6.4 ADT) = $825.60.
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
~ DocuSlgned by:
PiAfnd: bwAJ
aee1eoee1zeo1ec
5/5/2021
SIGNATURE DATE
City of Carlsbad
MEBE
Application for Minor Conditional Use Permit -City of CaN~~aldl 2021
Planning Division
Project Description
This application is for a Minor Conditional Use Permit to locate at 2888 Loker Avenue East Suite #105,
Carlsbad, CA 92010. MEBE's proposed facility will be in 3,600 rentable square feet on the ground floor
of an approximately 67,958 square foot multi-tenant office building within the P-M Zone in the City
of Carlsbad, California. MEBE is a provider of integrated educational services for children with autism.
The proposed use would best fit the definition of "Educational facilities, other" -CMC -21.04.137
specifically related to "educational training" and "language" and is permitted in the P-M zone subject
to Planning Commission Approval of a Minor Conditional Use Permit.
Background
MEBE combines research-based teaching strategies with intense personal attention to provide
educational opportunities that is engaging and customized to the child's needs. MEBE is proud to partner
with the San Diego Regional Center to offer Early Start Educational services to our youngest community
members until they enter the school system.
MEBE was founded by Abigail and Patrick Bunt with the goal of providing the highest quality services to
an underserved population in communities like Carlsbad. They knew that they could create job
opportunities in an environment where people really wanted to work and where they could build long-
term fulfilling careers. MEBE remains committed to delivering the highest quality services available and
to treating members of the organization like family. MEBE is focused on honesty and transparency and
does everything in their power to advocate for the children and families they serve. The MEBE model has
been wildly successful and we are proud to say that we currently serve Carlsbad, San Diego, Los Angeles,
San Francisco, Seattle, Phoenix, and Denver.
MEBE's vision is to be the premier provider of educational services ensuring every child has immediate
access to ethical, evidence-based services. MEBE's mission is to empower families, professionals, and
communities by educating and training them on evidence-based approaches. To improve the quality of
life of those who they love and serve so every individual may achieve their maximum potential. To operate
a sustainable business model that serves the community where clients, employees, and partners of all
diverse backgrounds are welcomed and valued. To foster an engaging environment where employees are
motivated, recognized for excellence, and encouraged to cheer each other on.
Operational Plan
Hours of Operation
MEBE's hours of operation are Monday through Friday, 8:00 am -6:00 pm. MEBE operates as an
appointment-only based service.
The daily schedule is broken into 170-minute blocks, corresponding to the duration of each therapy
session. Clients and their parents visit the site on a routine, scheduled basis and will not present a negative
or detrimental effect to the existing tenants of the project nor a disruptive influence on the public health,
safety, or welfare to the vicinity in which it will be located. Due to the young age of the clients, all clients
are walked into the building therefore there are no unaccompanied children wandering through the
building complex. There is a 10-minute gap between sessions so there is no overlap of clients arriving and
departing at the same time.
1
MEBE-MCUP Project Description
A ....
Clients
MEBE anticipates welcoming up to 22 clients per weekday. Each client typically attends a 3-hour session.
Some clients may attend two, 3-hour sessions per day. The highly trained speech and language pathologist
to client ratio is 1:1 or 1:2, depending on the needs of the client(s). Sessions will take place in both open
areas and offices, depending on the service being rendered and the skills a client is working toward. Open
areas or larger offices will be used with several clients together if social skills are being targeted. A small
office setting is more appropriate if a client requires a space with minimal distractions.
Clients may be seen as early as 8:00 AM or as late as 6:00 PM. There are no anticipated "peak" hours.
Staffing
MEBE plans for a total of 8 employees (all full time) working out of the facility, including 7 providers and
1 administrative or management staff.
Facilities
The 3,600 square feet facility will be comprised of a reception area, ten offices, a restroom, a kitchen area
and breakroom.
Parking
We believe that based on the parking provided at 2888 Loker Avenue East at a ratio of 1 space per 250
square feet of building area, there is ample parking for this use. Please note that clients are typically
dropped off and picked up. There are no parking needs for clients in between drop off and pick-up times.
The maximum occupied spaces identified are the total number of staff members plus the greater number
of either the arriving or departing clients. For example, in the 3:00 PM hour there are 8 staff members
occupying 8 spaces. Plus, there are 6 clients arriving and 4 clients departing. Due to the gap of time
between departing clients and arriving clients there is no overlap in parking demand. Therefore, we use
the greater number of the arriving or departing clients instead of the combined total for both.
CLIENTS STAFF
MAXIMUM
Arrivina Departina Onsite Arrivina Departina Onsite OCCUPIED SPACES
8:00AM 6 0 6 8 0 8 14
9:00 AM 4 0 10 0 0 8 12
10:00AM 0 0 10 0 0 8 8
11:00 AM 3 3 10 0 0 8 11
12:00 PM 3 3 10 0 0 8 11
1:00 PM 0 0 10 0 0 8 8
2:00 PM 0 2 8 3 3 8 13
3:00 PM 6 4 10 6 6 8 14
4:00 PM 0 1 9 0 2 6 9
5:00 PM 0 3 6 0 0 6 9
6:00 PM 0 6 0 0 6 0 12
Total Clients 22
2
MEBE-MCUP Project Description
Traffic
The proposed facility is accessible from Palomar Airport Road and Loker Avenue East from the south and
is accessible from El Fuerte Street and Loker Avenue East from the north. Based on the calculations
contained in the VMT Analysis provided, the estimated average daily trips (ADT) will be 64. There is an
increase of 5.7 ADT with the proposed use when compared to the existing office use. The increased ADT
associated with the proposed educational center can be accommodated by the existing street system.
Supporting Statements
In 2020, the CDC reported that approximately 1 in 54 children in the U.S. is diagnosed with an Autism
Spectrum Disorder (ASD). Early intervention affords the best opportunity to support healthy development
and deliver benefits across the lifespan and wait times for ABA therapy can be up to 12 months in the San
Diego area. MEBE provides much needed services that may change the trajectory of a child's life.
Additionally, MEBE offers free parent training resources and family friendly events to the community.
While MEBE's mission to serve children with autism is noble our expansion will also benefit the overall
Carlsbad community by bringing good long-term job opportunities. In fact, using previous data to make
projections, we estimate the MEBE will add more than 40 jobs to our North County operation in 2021.
3
MEBE-MCUP Project Description
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN (F'c· f
coNsisTENcv CHECKLIST __ . r. .'-"--;.le, •ty.b 0d
P-3o lcity "f ~ a
!VIP' 1 1 LULi
~Planning Division
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 of7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's consistency
with the growth projections used in the development of the CAP. This section allows the city to determine a
project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric
tons of CO2 equivalent (MTCO2e) 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.
(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?
□
If "Ye~', 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: SO 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 MTCOie/year screening threshold.
If "Ye~', proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEOA. 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: MEBE
Property
Address/APN: 2888 Loker Ave East Suite #105, Carlsbad CA 9201 0; 209-083-22
Applicant Name/Co.: Patrick Bunt
Applicant Address: 2888 Loker Ave East Suite #105, Carlsbad CA 92010
Contact Phone: 619-564-8647 contact Email: patrick@mebefamily.com
Contact information of person completing this checklist (if different than above):
Name:
Company
name/address:
Stan Weiler
Howes Weiler Landy -Planning & Engineering
2888 Loker Ave East Suite #217, Ca~sbad CA 92010
Contact Phone: 760-929-2288 ext. 402
Contact Email: sweiler@hwl-pe.com
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.
□ Alterations:
□ BPV ~ $60,000
□ BPV ~ $60,000
□ Electrical service panel upgrade
□ BPV ~ $200,000
□ New construction
lA
lA and 4A
4A
lA and 4A
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
~ Alterations: Minor alterations and tenant improvements proposed. Improvements are less than $200k
therefore no further action is required.
P-30 Page 3 of 7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
□ BPV ~ $200,000 or additions~ 1B,5 1,000 square feet
□ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area
□ ~ 2,000 sq. ft. new roof addition 2B and 5 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 2: $60,000 building permit valuation. D N/A _________ _
See Ord. CS-347, Section 8. D Exception: Home energy score ~ 7
(attach certification)
Year Built Single-family Requirements Multi-family Requirements
D Before 1978 Select one:
D Duct sealing D Attic insulation D Cool roof D Attic insulation
D 1978 and later Select one:
D Lighting package D Water heating package
D Between 1978 and 1990 Select one:
D Attic insulation D Duct Sealing □Cool roof
D 1991 and later Select one:
D Lighting package D Water heating package
B. ~ Nonresidential• new construction or alterations~ $200,000 building permit valuation,
or additions 2: 1,000 square feet. Iii! N/A Alterations < $200,000
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 ~ N/A
AS.203.1.1.2
D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) ~ N/A
AS.203.1.2.1
Choose one as applicable: D .95 Energy budget D .90 Energy budget ~ N/A
AS.211.1. **
D On-site renewable energy Iii! N/A
AS.211.3**
D Green power (if offered by local utility provider, 50% minimum renewable sources) ~ N/A
AS.212.1
D Elevators and escalators ~ N/A
AS.213.1
D Steel framin
P-30 Page 4 of 7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
18 N/A
* 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 i!:$1,000,000 BPVand affecting i!:75% existing floor area, or addition that increases roof area by i!: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: ___ kWdc
□ If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) **
**Round building size factor to nearest tenth, and round system size to nearest whole number.
D 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 Plan Consistency Checklist
A. D Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
□ For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
only)
□ 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)
□ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following:
□ Gas or propane water heating system
□ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
□ .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
□ Exception:
B. D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
□ Water heating system derives at least 40% of its energy from one of the following (attach documentation):
□ Solar-thermal □ Photovoltaics □ Recovered energy
□ Water heating system is (choose one):
□ Heat pump water heater
□ Electric resistance water heater(s)
□ Solar water heating system with .40 solar savings fraction
□ Exception:
A. D Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completing this section.
□ One and two-family residential dwelling or townhouse with attached garage:
□ One EVSE ready parking space required □ Exception :
□ Multi-family residential· □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready
I
Calculations: Total EVSE spaces= .10 x Total 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.")
I
I
Installed I
I
Total
P-30 Page 6 of 7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $60,000 or
include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
B D Nonresidential new construction (includes hotels/motels) □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
Calculation: Refer to the table below:
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces
□ 0-9 1 1
□ 10-25 2 1
□ 26-50 4 2
□ 51-75 6 3
□ 76-100 9 5
□ 101-150 12 6
□ 151-200 17 9
□ 201 and over 10 percent of total 50 percent of Required EV Spaces
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table.
Use GFA Employee ADT /1,000 S.F. Total EmployeeADT
Educational Facility 3,600 SF 16 ADT/1000 SF 57.6 ADT
Total 57.6ADT
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TOM 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.
TOM plan required: Yes D No C2I
LOE Staff Verification: □ _____ (staff initials)
P-30 Page 7 of 7 Revised 02/20
DocuSign Envelope ID: B5F1 D4F4-90AF-45A7-A -E5A501 DD492
{._ City of
Carlsbad
I INSTRUCTIONS:
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (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: MEBE PROJECT ID:
ADDRESS: 2888 Loker Ave East Suite #105, Carlsbad CA 92010 APN : 209-083-22
The project is (check one): D New Development 181 Redevelopment
The total proposed disturbed area is: 0 ft2 ( 0 ) acres
The total proposed newly created and/or replaced impervious area is: 0 ft2 ( 0) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
DocuSign Envelope ID: B5F1D4F4-90AF-45A7-AI E5A501 DD492
STEP1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building ~ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
The project includes only interior remodels within an existing building.
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas , or other non-
erodible permeable areas; □ □ 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
DocuSign Envelope ID: B5F1D4F4-90AF-45A7-A 3E5A501 DD492
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ 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 projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot 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 adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ 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%? (CMG □ □ 21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box stating "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information.
E-34 Page 3 of 4 REV 04/17
DocuSign Envelope ID: B5F1 D4F4-90AF-45A7-~ 5E5A501OD492
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (8) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP ... " and complete applicant information.
STEP&
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
Applicant Name: P~S,iiiib,
Applicant Signature: f :!1~
Applicant Title: Manager
Date: 3/16/2021
• Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for Citv Use Onlv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 04/17
, .
"( ,\MF. IC I ... ~~ r:-_,
~ 4../# =
~,,
_ Order Number: NCS-1048967-5D
Page Number: 1
First American Title Insurance Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
January 27, 2021
Zohal Alemi
HWL -Howes Weiler Landy
2888 Loker Avenue East, Suite 217
carlsbad, CA 92010
Phone: (760)929-2288
Fax:
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
2888 East Loker Avenue, carlsbad, CA
Trixy Brown Janice Treanor
(858)410-2151
(619)330-2564
trixybrown@firstam.com
carlsbad Office Tech Center LLC
2888 Loker Avenue East, carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of litle Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set
forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies oflitle
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Rrst American Title Insurance Company
C Order Number: NCS-1048967-SD
Page Number: 2
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
Rrst American Title Insurance Company
Dated as of January 20, 2021 at 7:30 A.M.
Toe form of Policy of title insurance contemplated by this report is:
To Be Determined
,.,.""
,.__ Order Number: NCS-1048967-5D
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
litle to said estate or interest at the date hereof is vested in:
carlsbad Office Tech Center LLC, a california Limited Liability Company
Toe estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee as to Parcel 1 and Easement as to Parcel 2
Toe Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2021-2022, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2020-2021.
First Installment: $99,196.69, PAID
Penalty: $0.00
Second Installment: $99,196.69, OPEN
Penalty: $0.00
Tax Rate Area: 09013
A. P. No.: 209-083-22-00
3. Toe lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the california Revenue and Taxation Code.
4. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the
limits of Road Survey 757 where required for the construction and maintenance of said road as
granted in deed recorded October 2, 1940 in Book 1068, Page 496 and October 2, 1940 in Book
1069, Page 456 of Official Records.
The location of the easement cannot be determined from record information.
5. The terms and provisions contained in the document entitled "Hold Harmless Agreement -Drainage"
recorded March 29, 1982 as Instrument No. 82-83817 of Official Records.
6. Abutter's rights of ingress and egress to or from Palomar Airport Road have been dedicated or
relinquished on the map of Carlsbad Tract No. 74-21 Map No. 10372 of Tract Maps recorded April 13,
1982.
Ar.st American Title Insurance Company
C 0 Order Number: NCS-1048967-5D
Page Number: 4
7. An easement for erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain
and use facilities consisting of underground facilities and appurtenances for the transmission and
distribution of electricity, pipelines and appurtenances for any and all purposes, communication
facilities, and appurtenances and incidental purposes, recorded June 11, 1986 as Instrument No. 86-
233721 of Official Records.
In Favor of: San Diego Gas and Electric Company, a Corporation
Affects: As described therein
The location of the easement cannot be determined from record information.
8. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in
the document recorded August 24, 1988 as Instrument No. 88-422107 of Official Records, which
provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or
deed of trust made in good faith and for value, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, national origin, sexual orientation, marital status, ancestry, source of income or
disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of
the United States Codes. Lawful restrictions under state and federal law on the age of occupants in
senior housing or housing for older persons shall not be construed as restrictions based on familial
status.
9. An easement for landscape and drainage maintenance, entry monument and wall maintenance, and
erosion control and incidental purposes, recorded February 14, 1989 as Instrument No. 89-77101 and
re-recorded March 28, 1989 as Instrument No. 89-157006, both of Official Records.
In Favor of: carlsbad Oaks East Business Park Association, a california
Nonprofit Mutual Benefit Corporation
Affects: As described therein
10. A Notice concerning Aircraft Environmental Impacts case No. PIP 98-06, recorded October 13, 1998
as Instrument No. 98-657773 of Official Records.
11. The terms, provisions and easement(s) contained in the document entitled "Declaration of Non-Build
Easements" recorded January 11, 1999 as Instrument No. 99-14966 of Official Records.
12. An easement for the construction, operation, repair, reconstruction and all activities necessary to
construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of
collecting, storing, transporting, pumping and treating all water, including surface water, stream
water, flood water and ground water flowing into said facilities, and all natural and artificial drainage
ditches and structures of any kind, whether above or below the surface of the ground and incidental
purposes, recorded March 08, 1999 as Instrument No. 99-145513 of Official Records.
In Favor of: carlsbad Municipal Water District, a public agency organized
under the Municipal Water Act of 1911, and a subsidiary district
of the City of carlsbad, its successors and assigns
Affects: as described therein
13. An easement for public utilities, ingress and egress and incidental purposes, recorded September 17,
1999 as Instrument No. 99-638042 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: As described therein
First American Title Insurance Company
r"·"',
-Order Number: NCS-1048967-5D
Page Number: 5
Toe location of the easement cannot be determined from record information.
14. Toe terms and provisions contained in the document entitled "Agreement" recorded August 11, 2000
as Instrument No. 2000-426849 of Official Records.
15. Toe terms, provisions and easement(s) contained in the document entitled "Reciprocal Easement
Agreement" recorded April 27, 2005 as Instrument No. 2005-351113 of Official Records.
Document(s) declaring modifications thereof recorded February 02, 2006 as Instrument No. 2006-
78952 of Official Records.
16. An easement for avigation and incidental purposes, recorded June 29, 2006 as Instrument No. 2006-
460459 of Official Records. --
In Favor of: County of San Diego, a political subdivision of the State of
California
Affects: As described therein
Toe location of the easement cannot be determined from record information.
17. An easement for waterline and incidental purposes, recorded September 28, 2006 as Instrument No.
2006-691912 of Official Records.
In Favor of: Carlsbad Municipal Water District, a public agency organized
under the Municipal Water Act of 1911, and a subsidiary district
of the City of Carlsbad
Affects: As described therein
18. Survey prepared by Delta Surveying and Mapping, dated October 18, 2010, last revised February 16,
2011, under Job No. 201001557/Site 1, shows the following:
a. Toe decorative wall near the southwest corner of the Land encroaches upon the easement area
evidenced by document recorded February 14, 1989 as Instrument No. 89-77101 and re-recorded
March 28, 1989 as Instrument No. 89-157006, both of Official Records ..
19. Easements, Covenants and Conditions contained in the deed from Redus Ca Properties, LLC, a
Delaware Limited Liability Company, as Grantor, to Global Carlsbad I, LLC, a California Limited
Liability Company, as Grantee, recorded August 01, 2011 as Instrument No. 2011-388222 of Official
Records. Reference being made to the document for full particulars, but deleting any covenant,
condition, or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic
information, gender, gender identity, gender expression, source of income (as defined in California
Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions
violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. Lawful restrictions under state
and federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status.
First American Title Insurance Company
20.
21.
22.
C 0 Order Number: NCS-1048967-SD
Page Number: 6
A Deed of Trust to secure an original indebtedness of $10,500,000.00 recorded March 26,
2019 as Instrument No. 2019-0107606 of Official Records.
Dated: March 22, 2019
Trustor: carlsbad Office Tech Center LLC, a california Limited Liability
Trustee:
Beneficiary:
Company
First American Title Insurance Company, a Nebraska Corporation
Symetra Life Insurance Company, an Iowa Corporation
Water rights, claims or title to water, whether or not shown by the public records.
Rights of parties in possession.
Rrst American Title Insurance Company
INFORMATIONAL NOTES
,.e.,
..-Order Number: NCS-1048967-5D
Page Number: 7
ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closing.
1. Supplemental taxes for the fiscal year 2019-2020 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
First Installment: $35,539.19, PAID
Penalty: $0.00
Second Installment: $35,539.19, PAID
Penalty: $0.00
Tax Rate Area: 09013
A. P. No.: 899-525-06-49
2. According to the latest available equalized assessment roll in the office of the county tax assessor,
there is located on the land a(n) Commercial Structure known as 2888 East Loker
Avenue, carlsbad, california.
3. According to the public records, there has been no conveyance of the land within a period of twenty
four months prior to the date of this report, except as follows:
A document recorded March 26, 2019 as Instrument No. 2019-0107605 of Official Records.
From: Global carlsbad I, LLC, a california Limited Liability Company
To: carlsbad Office Tech Center LLC, a california Limited Liability Company
4. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land that
is to be described in the policy or policies to be issued.
5. Should this report be used to facilitate your transaction, we must be provided with the following prior
to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
Rrst American Title Insurance Company
C 0 Order Number: NCS-1048967-5D
Page Number: 8
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
california Corporation Code (form GP-I), executed by at least two partners, and a certified copy of
any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILilY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a california limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
Rrst American Title Insurance Company
1. A statement of information.
,.,...._
~ Order Number: NCS-1048967-5D
Page Number: 9
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on
this map except to the extent coverage for such loss or damage is expressly provided by the terms and
provisions of the title insurance policy, if any, to which this map is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
Rrst American Title Insurance Company
C
LEGAL DESCRIPTION
0 Order Number: NCS-1048967-SD
Page Number: 10
Real property in the City of carlsbad, County of San Diego, State of california, described as follows:
PARCEL 1:
PARCEL 2 AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT NO. ADJ 02-08 AS
EVIDENCED BY DOCUMENT RECORDED APRIL 21, 2003 AS DOCUMENT NO. 2003-459067 AND 2003-
459068 BOTH OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOTS 33 AND 34 OF CARLSBAD TRACT NO. 74-21 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 13, 1982, DESCRIBED AS
FOLLOWS:
PORTIONS OF PARCEL 1 AND PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT NO. 00-02 AS SHOWN IN CERTIFICATES OF
COMPLIANCE, RECORDED MAY 9, 2000 AS DOCUMENT NO. 2000-238910 AND 2000-238909, BOTH OF
OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, DESCRIBED IN LOT LINE ADJUSTMENT NO.
00-02 AS SHOWN IN CERTIFICATE OF COMPLIANCE, RECORDED MAY 9, 2000 AS DOCUMENT NO. 2000-
238909 OF OFFICIAL RECORDS OF SAID COUNTY.
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 02° 36' 41" WEST 355.98 FEET;
THENCE SOUTH 87° 23' 20" WEST, 195.34 FEET, NORTH 15° 33' 55" EAST, 68.42 FEET AND SOUTH 87°
23' 19" WEST, 12.43 FEET TO AN ANGLE POINT IN THE COMMON LINE BETWEEN SAID PARCELS 1 AND
2 OF LOT LINE ADJUSTMENT NO. 00-02;
THENCE ALONG SAID COMMON LINE, NORTH 81 ° 49' 00" WEST, 57.58 FEET TO THE NORTHWEST
CORNER OF SAID PARCEL 2, AT THE BEGINNING OF A NON-TANGENT CURVE FOR THE WESTERLY LINE
OF SAID PARCEL 2, SAID CURVE IS CONCAVE WESTERLY, HAVING A RADIUS OF 336.00 FEET, AND TO
WHICH BEGINNING OF A RADIAL LINE BEARS SOUTH 79° 01' 00" EAST;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE THE FOLLOWING THREE (3) COURSES: (1) ALONG
SAID CURVE, SOUTHWESTERLY, 137.59 FEET THROUGH A CENTRAL ANGLE OF 23° 27' 42"; (2) SOUTH
34° 26' 42" WEST, 231.98 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A
RADIUS OF 264.00 FEET;
(3) ALONG SAID CURVE, SOUTHWESTERLY, 174.01 FEET THROUGH A CENTRAL ANGLE OF 37° 45' 58"
TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00
FEET, AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 86° 40' 44" WEST;
THENCE ALONG SAID CURVE, SOUTHEASTERLY, 42.36 FEET THROUGH A CENTRAL ANGLE OF 97° 04'
48" TO THE SOUTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 79° 36' 32" EAST, 470.48 FEET TO THE POINT OF
BEGINNING.
PARCEL 2:
AN EASEMENT 20 FEET WIDE AND 35 FEET WIDE AS CONTAINED IN A DOCUMENT ENTITLED
"AMENDED AND RESTATED RECIPROCAL EASEMENT AGREEMENT', RECORDED FEBRUARY 2, 2006 AS
INSTRUMENT NO. 2006-78952 FOR INGRESS AND EGRESS OVER AND ACROSS ALL THAT PORTION OF
Rrst American Title Insurance Company
,.,,,.,
__ Order Number: NCS-1048967-5D
Page Number: 11
LOTS 32, 33 AND 34 OF CARLSBAD TRACT NO. 74-12 IN THE CITY OF CARLSBAD, COUNlY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF
THE COUNlY RECORDER OF SAN DIEGO COUNlY ON APRIL 13, 1982, DESCRIBED AS FOLLOWS:
PORTIONS OF PARCEL 1 AND PARCEL 2 IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT NO. 00-02, AS SHOWN IN CERTIFICATES OF
COMPLIANCE, RECORDED MAY 9, 2000 AS INSTRUMENT NO.'S 2000-0238909 AND 2000-0238910,
BOTH OF OFFICIAL RECORDS OF SAID COUNlY, THE CENTERLINE OF SAID EASEMENT BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2, THE TRUE POINT OF BEGINNING OF
SAID 20 FOOT STRIP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 02°36'41" WEST, 355.98 FEET;
SAID EASEMENT LIES 16 FEET EASTERLY AND 4 FEET WESTERLY OF SAID CENTERLINE.
THENCE SOUTH 87°23'20" WEST 195.34 FEET, NORTH 15°33' 55" EAST 68.42 FEET;
SAID EASEMENT LIES 10' ON EITHER SIDE OF SAID CENTERLINE.
THENCE SOUTH 87°23'19" WEST, 12.34 FEET TO AN ANGLE POINT IN THE COMMON LINE BETWEEN
SAID PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 00-02;
THENCE ALONG SAID COMMON LINE, NORTH 81°49'00" WEST, 57.58 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL 2 TO THE TERMINUS THEREOF. SAID EASEMENT 17.5 FEET NORTHERLY AND
17.5 FEET SOUTHERLY OF SAID CENTERLINE.
THE SIDELINES OF SAID 35 FOOT WIDE AND 20 FOOT WIDE EASEMENTS TO BE EXTENDED WESTERLY
OR SOUTHERLY TO THE SOUTHERLY LINE AND WESTERLY LINE OF SAID PARCEL 1
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 ABOVE.
APN: 209-083-22-00
Rrst American Title Insurance Company
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The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
0 Order Number: NCS-1048967-SD
Page Number: 12
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, Toe First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Rrst American Title Insurance Company
''\ ~ Order Number: NCS-1048967-SD
CL TA/ ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02·03-10)
EXCLUSIONS
Page Number: 13
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19,
and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
our Maximum DoHar
Limit of Ljabmtv
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
Rrst American Title Insurance Company
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(c) that result in no loss to you
0 Order Number: NCS-1048967-SD
Page Number: 14
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land Is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, Is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
First American Title Insurance Company
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 AL TA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
,__.ti Order Number: NCS-1048967-SD
Page Number: 15
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Rrst American Title Insurance Company
C 0 Order Number: NCS-1048967-SD
Page Number: 16
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13( c), 13( d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceabillty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exdusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exdusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
First American Title Insurance Company