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HomeMy WebLinkAboutSDP 2019-0002; PURE PROJECT BREWERY; Site Development Plan (SDP)Ccityof 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 Permit Ii] Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential □ □ ~ □ Planning Commission Determination Reasonable Accommodation Site Development Plan Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits C,Vf -i.o, p, -002., I ll~P2of?-6\)V i-- D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) a 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): 203-294-01-00 ----------------------------------- LO CAT IO N OF PROJECT: 2825 State St, Suite #103 (STREET ADDRESS) NAME OF PROJECT: Pure Project -Brewery & Tasting Room BRIEF DESCRIPTION OF PROJECT: Small craft brewery and tasting room PROJECT VALUE (SITE IMPROVEMENTS) j ~00,000 ESTIMATED COMPLETION DATE 'I/tit~ FOR CITY USE ONLY Development No. h E-V W I 9 -0 I .9 (, Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME iND!VlDUAL NAME (if applicable) COMPANY NAME ( if applicable). MAIUNG ADDRESS CiTY STATE. ZIP TELEPHONE. EMAIL ADDRESS. C (PLEASE PRINT, Ci7v-!-t·si)~v\ ~~ qwtl 1wc1 -1 \ J -31 (d) • ! CERTIFY THAT! AM THE LEGAL OWNER AND THAT ALL THE ABOVE : INFORMA T!ON IS TRUE AND CORRECT TO THE BEST OF MY : KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS '. Sq .. _ FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR !_ PU ;POSES OF THI~ 'AP~LICA TION:__.._ : • • . r i) \ . ..,·\; \/\_,~ APPLICANT NAME INDIVIDUAL NAME (if applicable) COMPANY NAME (if applicable\ (PLEASE PRINTl ATTN Jesse Pine Pure Project, LLC MAILING ADDRESS 9030 Kenamar Dr. #308 CITY. STATE. ZIP San Diego, CA 92121 TELEPHONE (530) 409 -7647 --------------MA I l ADDRESS jesse@purebrewing.org 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. DATE • r· APPLICANT'S REPRESENTATIVE (Print): Hofman Planning & Engineering -Bill Hofman MAILING ADDRESS. 3152 Lionshead Avenue CITY, STATE, ZIP TELEPHONE Carlsbad. CA 92010 760-692-4012 ! EMAIL ADDRESS bhofman@hofmanplanning.com / cc: akooienga@hofmanplanning.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE . & /~,..., SIGNATURE 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. IMJE CONSENT TO ENTRY FOR THIS PURPOSE NOTICE OF RESTRICTION: PROPER1Y 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 HE D AND. BIND \NY jUCCES~ORS IN INTEREST ; . , '--\I~\_,,~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 cf 6 2 2 1 c,,-yDSf ~l~ssAo ~Qf.lGARVISION DATE sf?~Je~ON RECEIVED RECEIVED BY: Revised 03117 ~ CJty of Carlsbad DISCLOSURE STATEMENT P-1(A) Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ijApplicant'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 MY.§! 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 n Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. Provide the COMPLETE2 LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, .nclude 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 Jesse Pine Corp/Part Pure Project, LLC Tit!e ___________ _ Title _____________ _ Address 9030 K.enamar Dr. #308 San Diego. CA 92121 Address 9030 Kenarnar Dr #308 San Diego CA 92121 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of fil persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) , . Person l l n,&., d y""f") \ OQ ........ ..,.,-,......, -~----~~-- Tit!e_--=e;;;...o_o'-\...;;;...,;u·N2,,.......,._v._:__ ____ _ Address c:.1 ()-) Rur()C,,fi_,J hie / t.a.c\ :2~Ya I u~ "171; l I Corp/Part :vll\J1ffL~ Pn,~cl-Je<; Title ______________ _ Address ____________ _ Page 1 of 2 Revised 07110 . .. 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!Trus: ------------------ Tit I e Tit i e -------------------------- Address ----------Address ___________ _ 4 Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~'-~lli.\.,\VU-l,LL0 t0\ \0\ \'/; ✓-~ !v/z Ji,;, Signature of owner/date ~nature of applicant/date 1 / / Print or type name of owner BILL HOFMAN. HOFMAN PLANNING AND ENGINEERING Print or type name of owner/applicant's agent Prirrt or type name of applicant P-1(A1 Page 2 of 2 Revised 07/1C ~ _,) Owner Authorization Letter RECEIVED JAN 2 4 2019 CITY OF CARLSBAD PLANNING DIVISION This letter is to acknowledge that the owners of the commercial building located at 2825 State St, Carlsbad approve the permit application (CUP 2018-0021) submitted by Hofman Planning & Engineering on behalf of Pure Project Brewery and Tasting Room. Russell L. Satterly t-2l-lCi_ Date Ir~ { f 11 Date Linda C. Mino Date • (city of Carlsbad PROJECT DESCRIPTION P-1 {B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Pure Project -Brewery and Tasting Room APPLICANT NAME: Pure Project, LLC Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Pure Project is seeking to open a small craft brewery to be located at 2825 State St in the Village area of Carlsbad. The facility would contain spaces dedicated to tasting, retail, and storage. Our vision is to add to the vibrant nature of Carlsbad Village by creating a space where people can feel a part of the craft of brewing by seeing the fermentation tanks and learning about some of the process involved. Pure Project -Brewery and Tasting Room Project Description: Pure Project is seeking to open a small craft brewery to be located at 2825 State St. in Carlsbad Village. The facility would contain spaces dedicated to manufacturing, retail, tasting, and storage. Our vision is to add to the vibrant nature of Carlsbad Village by creating space where people can feel a part of the craft of brewing community by seeing the fermentation tanks and learning about some of the processes involved. Required License: The proposed project requires the applicant to obtain a Type 23 license from the state of California's Department of Alcoholic Beverage Control (ABC). This is the state's "Small Beer Manufacturer License." According to the ABC website, the most common users of this license are operators of micro-breweries, with micro-breweries being defined as: "A small-scale brewery operation that generally produces up to 15,000 barrels a year. Its beer products are primarily intended for local and/or regional consumption. Typically, these operations are solely dedicated to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant." This license makes it a requirement of the state that beer be brewed on site at the Carlsbad facility, making the tasting room an ancillary use to the manufacturing use. Hours of Operation: Hours of operation will be determined by ABC requirements/allowances upon approval of Type 23 license. Ideally, hours ofoperation would be from 9am-12am PST, 7 days a week. Hours of operation could also be modified depending on requirements from City, Police Department, and/or public appeal. Brewing Process: Wort (sugar water that has been sanitized by boiling) will be produced at the Pure Project brewing facility in Miramar. This wort will then be transferred to fermentation tanks in Carlsbad, where yeast will then be added to the mixture to produce alcohol which will become beer. Once the yeast has been added to the wort mixture it will be allowed to mature properly in fermentation tanks located at the Carlsbad facility. Upon maturation, the beer will be packaged into stainless steel kegs and made ready for serving. The fermentation tanks located at the Carlsbad facility will be comprised of large wooden tanks with approximate dimensions: 78.7" (height), 57.9" (diameter), and 72.8" {length) and hold approximately 1,600 gallons of wort/beer. Smaller wooden barrels would additionally be used for further storage and beer maturation as needed (see attached conceptual renderings). The fermentation tanks will be located indoors and will be fitted with liquid airlock to prevent odors from escaping. A residential-sized on demand water heater will be used on site for cleaning and pasteurization of parts, hoses, and other equipment. General hours of brewery operation will typically occur from 6 AM to 5 PM. Weekly Output: The weekly output of beer produced onsite is dependent upon the demands of the tasting room. The production levels will, at least, meet the minimum requirements per the Type 23 ABC license and will not exceed the maximum levels as specified in the license in order to keep the license active. Packaging: A sanitized keg-filling device will be attached to the racking arm on the fermentation tank. This device will consist of a stainless steel d-type Sankey keg coupler, a heat-resistant silicone ½ inch diameter hose of approximately 8 feet, and a stainless½ inch hose barb to a 1.5 inch tri-clamp sanitary fitting. Finished beer will then be allowed to flow through the filling device into a carbon dioxide purged and sanitized keg. During the filling, food grade carbon dioxide is used to replace the lost volume in the fermentation tank through a fitting in the top of the tank. The keg will then be placed inside of the walk in cooler and allowed to chill to serving temperature. Once the keg is cold (approximately 38° F), carbon dioxide will be inject into the keg through the keg spear to carbonate the beer to desired levels. This process will be repeated for the number of kegs desired and can be performed in multiple lots of kegs . Bottling: The bottling of beer will not occur at this facility. Beer will be packaged into stainless steel kegs and then sold onsite. Material Delivery: The delivery of materials and supplies will occur at times that do not interfere with adjacent businesses hours of operations and that would not impact tasting room usage i.e. before or after operating hours. The amount of wort to be delivered would be based on demand of tasting room. Refuse and Disposal: The making of the wort off-site will eliminate the refuse made by spent-grains used in the process and would also eliminate the need for steam and gas exhaust porting to the exterior of the building. By-products of the brewing process at the Carlsbad facility will consistent entirely of liquid which will be able to be disposed of down the drain to the local sewer system to within Water Department compliance for treatment. Compliance with special regulations for breweries per the Village and Barrio Master Plan: 1. Deliveries of materials and supplies shall not occur during hours that would negatively impact residents within the vicinity of the brewery's location. • Delivery of materials will typically take place during non-operating hours to minimize impacts on adjacent businesses and on tasting room operation. Parking/unloading area will be provided at the rear of the building to allow for delivery operations. Impacts to residential properties will be minimized as the project site is not adjacent to residential units. 2. By-products or waste from production shall be removed within 24 hours and properly disposed of off the property. • Most waste from the brewery occurs in the form of spent grains and hops used to make wort. By producing the wort in the applicant's Miramar facility will essentially eliminate waste/by-products from the brewing process occurring at the Carlsbad site. Any other potential waste can be readily trucked off-site for disposal at Miramar facility. 3. Fermentation tanks shall be located indoors and installed with a filter to reduce the odor emanating from the brewery site. • See Brewing Process section above. Fermenters will be located indoors and will have air-locks installed in them to prevent any odors from escaping. Compliance with the definition of a "Brewery" per the Village and Barrio Master Plan: Brewery: A business which brews beer for distribution and consumption and which possesses the appropriate state license. Tasting rooms for the consumption of on-site produced beer are permitted on the premises. A brewery may include retail sales and food sales on the premises. • According to ABC, "Beer" means: o Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown , stout, lager beer, small beer, and strong beer but does not include sake, known as Japanese rice wine. Fermentation of the product will occur onsite, thus satisfying the definition of beer per the ABC definition. The applicant will also obtain the appropriate state license (Type 23) for the brewing of beer. Together, this satisfies the first portion of the Village and Barrio Master Plan's definition of what constitutes a brewery. Additionally, the beer produced onsite will then be placed into kegs and served to patrons of the tasting room. As part of the allowed retail sales, beer that has previously brewed and bottled off-site will be available as a "to-go" purchase. Other merchandise (shirts, mugs, glasses, hats, etc) will also be sold as part of the retail component. Small pre- packaged snacks will be sold on the premises per the allowable food sales provision. \_ City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Oevelopm_en t 5eJv~s__e" Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962 .5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [i] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code APPLICANT Name: Pure Brewing Address: 9030 Kenamar Dr. #308 San Diego, CA, 92121 Phone Number: (530) 409-7647 Address of Site: 2825 State St, Suite 103 PROPERTY OWNER Name: { ,d ~ lY} ~ f\ 0 Add,ess~'f\~i~ Cw t_·~-J)ll Phone Numbe;l 00-] \:) -~] (R O Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number:_2_0_3_-_2_9_4_-0_1_-0_0 ____________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List _____________________________ _ -~ tn ta l ~L.-"--~" , __ _,_V-'-'--,,.------'-'Jv~/-z"'-+-}.,.___) B ___ "---\~~~~ '---V'v~ l O l O l l y{ /pplicant Signature/Date r Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 C ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: Pure Project -Brewery and Tasting Room 2. Name of developer or project sponsor: _P_u_re_B_r_e_w_i_n_g ___________ _ 3. Address: 9030 Kenemar Dr. #308 City, state, Zip Code: San Diego, CA, 92121 Phone Number: (530} 409-7647 Name of person to be contacted concerning this project: _B_I_L_L_H_O_F_M_A_N _____ _ Address: 3152 LIONSHEAD AVE City, state. Zip Code: CARLSBAD, CA 92010 Phone Number: 760-692-4012 4. Address of Project: 2825 State Street, Suite 103 5. 6. 7. 8. 9. Assessor's Parcel Number: 203-294-01-00 --------------------- List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Existing General Plan Land Use Designation: _V ______________ _ Existing zoning district: _V_-_R ____________________ _ Existing land use(s): vacant/commercial (shared building with Handel's Ice Cream) Proposed use of site (Project for which this form is filed): ___________ _ Brewery and tasting room Project Description 10. Site size: _0_._1_2_a_c ______________________ _ 11. Proposed Building squarefootage: __________________ _ 12: Number of floors of construction: __________________ _ 13. Amount of off-street parking provided: _________________ _ 14. Associated projects: ______________________ _ P-1(0) Page 2 of 4 Revised 07/10 C 15. If residential, include the number of units and schedule of unit sizes: _________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. 18. 19. P-1(D) I If industrial, indicate type, estimated employment per shift, and loading facilities: If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ CUP, required per Carlsbad Village & Barrio Master Plan Page 3 of4 Revised 07/10 C Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D [Z] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D [Z] roads. 22. Change in pattern, scale or character of general area of project. D [Z] 23. Significant amounts of solid waste or litter. D [Z] 24. Change in dust, ash, smoke, fumes or odors in vicinity D [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O [Z] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 0 [Z] 27 Site on filled land or on slope of 10 percent or more. D [Z] 28. Use of disposal of potentially hazardous materials, such as toxic substances, D [Z] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D [Z] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D [Z] 31. Relationship to a larger project or series of projects. 0 [Z] Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project. including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: '; /, i.J Ji( Signature: ....,..~~--"_ct:::;~---~----------- r ' For: ~GSSe ci"-'C: P-1(0) Page4 of 4 Revised 07/10 ,---------------------------------NORTH ELEVATION (CHRISTIANSEN WAY) tecscoP.~ (!) pure WEST ELEVATION (ALLLEY) tecscoeg (!) pure tecscaf?.!l (J) pure tecscap~ (I) pure tecscae~ @pure tecscOP,j! (j) p U(0 teCSCOf'.?~ @pure tecSCOP.E> (j) p U(e City of Carlsbad Climate Action Plan Consistency Checklist Contact Information Project No./Name: Property Address/APN: Applicant Name/Co.: Contact Phone: Was a consultant retained to complete this checklist ? Consultant Name: Company Name: Project Information 1. What is the size of the project (acres)? 2. Identify all applicable proposed land uses: □ Residential (indicate It of one-and two-family units): □ Residential (indicat e It of multi-family units): □ Commercial (indicate total square footage): □ Hotel (indicate It of rooms): □ Industrial (indicate total square footage): ii(other (descri be): 3. Provide a brief description of the project proposed: P-30 Page 3 of 13 Contact Email: liil'Yes □ No Contact Phone: Contact Email: If Yes, complete the following Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, 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. Checklist Item (Check the appropriate box and provide explanation and supporting documentation for your answer) 1. The size and type of projects listed below would emit fewer than 900 MTCO~ per year. Based on this threshold, does the proposed project equal or exceed these characteristics? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet Retail Store: 11,000 square feet Grocery Store: 6,300 square feet • Other: For project types not listed in this section, induding changes in use of, or enlargement of an existing building that results in a net increase in GHG emissions, the need for GHG analysis and mitigation will be made on a project-specific basis, considering the 900 MTCO~ screening threshold. If "Yes", proceed to Question 2. Yes No □ If "No': in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the CAP. 2. Is the proposed project consistent with the existing General Plan land use and zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project indude a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG- intensive project when compared to the existing designations? □ □ If "Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation{s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis in accordance with the City of Carlsbad's 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 measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist. P-30 Page 4 of 13 Revised 02/17 Ccilyof 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: · ADDRESS: The project is ( check one): D New Development ~development The total proposed disturbed area is : giS---ft2 <~--~) acres The total proposed newly created and/or replaced impervious area is: l:,S--ft2 <~--~) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID _________________ SWQMP #: _________________ _ Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP 2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- ~ erodible permeable areas; □ b} Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets Quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ 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 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 GI surface collectively over the entire project site and supports a hillside development project? A hillside □ development project includes development on any natural slope that is twenty-five percent or qreater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ ~ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ Gr" 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 G( Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square ✓ feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ 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 [if 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 redeve·lopment 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 Gr"' impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinq "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information. E-34 Page 3 of 4 REV 04/1 7 · ·. . ·· ·.. . . STEP.!l> .. . · · . ·. 11~(pe eo~et.J:T~ FQ.R ~§Y~~QPM~f P~o_.1e¢.J(fHf.T_~1; PR10:ar:rv o§'<.~9.rM.t;NT 11~0J.e~:; tPDP> . '. .. '. ' C.:">::' ~·}:. ._, ____ ~NLY, ,_ · ·"·•:: _ --:--·,_-·-. " -· -· 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 I impervious calculation below: 1 / Existing impervious area (A)= ___________ sq. ft. Total proposed newly treated or replaced impervious area (B) = ___________ sq.ft. Percent impervious area created or replaced (B/ A)*100 = _____ % □ □ ff 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 POP ... " and complete applicant information. · j If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the fir.;t box statin -"M ro·ect is a PDP .. : and co.m lete a -licant information. 0 My project is a PDP anq must comply with PDP stormwater requirements of the BMP Manual. I understand I must P.repare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ifMy project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply With 'STANDARD PROJECT' stormwater re.quirement$ 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 s.trategies throughout my proiect 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. 0 My Project is NOT a 'develapment project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: -Jas £' ..P,r-G Applicant Signature: ~ Applicant Title: f'l}AN4h;rvb /Jt-Jz-Ttvf:12.. Date: -~........;..,,3-,'! ....... · '"---;_u~/__._I~?~-----',f;.. :(._ 7 . • Envlronmental/y S . smve Areas include but are JlQ1 limlt!?d le all Cle,111 Water Act Section 303(d) impaired water bodies; are;;is designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San. Dle.90 .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 equivat,mt under the Multi Species Conservation Pr.ogram within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. Th . B f; c· U O I IS ox or ,tv se mv I YES NO City Concurrence: ' I □ □ I By: Date: Project 10. E-34 Page 4 of 4 REV 04117 C cityof Carlsbad Project Name: DWG No. or Building Permit No.: STANDARD PROJECT- REQUIREMENT CHECKLIST E-36 Project Information Source Control BMPs - Development Services Land Development Engineering 1635 Faraday Avenue {760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and. Appendix E.1 of the BMP Design Manual (Volurne 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 □Yes D No )fNtA Discussion/justification if SC-1 not implemented: .. SC-2 Storm Drain Stenciling or Signage □ Yes 0 No 't1'NtA Discussion/justification if SC-2 not implemented: /' SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind D Yes 0 No )[NtA Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 Source Control Requirement (continued) Applied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and A Yes □No ON/A Wind Dispersal Discussion/justification if SC-4 not implemented: \ SC-5 Protect Trash Storage Areas from Rainfall, Run-On , Runoff, and Wind Dispersal ,¼Yes 0 No 0 N/A Discussion/justification if SC-5 not implemented: ( SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for Quidance). □ On-site storm drain inlets □Yes □ No MN/A □ Interior floor drains and elevator shaft sump pumps □ Yes □No □ N/A □ Interior parking garages □ Yes O No lRlN/A . □ Need for future indoor & structural pest control □Yes O No ~ N/A □ Landscape/Outdoor Pesticide Use □Yes 0 No /i(NIA □ Pools, spas, ponds, decorative fountains, and other water features □Yes □ No 1 ri,'f'..J/A □ Food service □Yes· □No rr iFN/A □ Refuse areas □ Yes 0 No ~/A □ Industrial processes □ Yes O No 1>rN/A □ Outdoor storage of equipment or materials □Yes O No 'i(NtA □ Vehicle and Equipment Cleaning □Yes □No l~/A □ Vehicle/Equipment Repair and Maintenance □Yes □No l~/A □ Fuel Dispensing Areas □Yes O No !{NIA □ Loading Docks □Yes □No l\l'NtA □ Fire Sprinkler Test Water □Yes □ No vlN/A □ Miscellaneous Drain or Wash Water □Yes □No ~/A □ Plazas, sidewalks, and parkinQ lots □Yes □No ,i7N/A For "Yes" answers, identify the additional BMP per Appendix E.1 . Provide justification for "No" answers. ., - E-36 Page 2 of 4 Revised 09/16 ~ °' ,-• Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards} for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion/ justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainaqe Pathways and Hvdrologic Features I □.Yes I □ No I IXN/A Discussion/justification if SD-1 not implemented: I" SD-2 Conserve Natural Areas, Soils, and Vegetation I □Yes I □ No j)(I N/A Discussion/justification if SD-2 not implemented: ( ' ' SD-3 Minimize Impervious Area I □ Yes I □ No I MN/A Discussion/justification if SD-3 not implemented: . SD-4 Minimize Soil Compaction I □ Yes I □ No I '17f N/A Discussion/justification if SD-4 not implemented: f \ . SD-5 Impervious Area Dispersion I □Yes I □ No I 'fiZI N/A Discussion/justification if SD-5 not implemented: -1, E-36 Page 3 of 4 Revised 09/16 Site Design Requirement (continued) I Applied? . SD-6 Runoff Collection I □ Yes I □No I 'ttf' N/A Discussion/justification if SD-6 not implemented: I 'J ,. SD-7 Landscaping with Native or Drought Tolerant Species I □Yes I □ No l~N/A Discussion/justification if SD-7 not implemented: I v .. SD-8 Harvestinq and Usinq Precipitation I □Yes I □ No I~ N/A Discussion/justification if SD-8 not implemented: I ' E-36 Page 4 of 4 Revised 09/16 ■■NORTH .. AMERICAN .. TITLE ■■COMPANY Like Clockwork m R CEI 11249 Gold Country Blvd., Ste. 140 Gold River, California 95670 Office Phone: (916)262-8400 Office Fax: (916)943-2205 OCT 2 6 2018 CITY OF CARLSBAD PLANNING DIVISION Escrow Officer Email: teamvincent@nat.com Our Order No.: 1593702 North American Title Company, Inc. 11249 Gold Country Blvd., Ste. 140 Gold River, CA 95670 Property Address: 2825 State Street, Carlsbad, CA Attention: Dawn Vincent-Tarantino Preliminary Report Dated as of September 13, 2018 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance Company Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception 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 Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It 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. The form of Policy of title insurance contemplated by this report is: ALTA Extended Loan Policy Please note that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Sue Bulhoes, Title Officer Page 1 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: Fee simple. 2. Title to said estate or interest at the date hereof is vested in: RUSSELL L. SATTERLY, A SINGLE MAN AS TO A ONE-THIRD INTEREST, SUSAN L. SATTERLY, AN UNMARRIED WOMAN AS TO A ONE-THIRD INTEREST, AND LINDA CAROL MINO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY AS TO A ONE-THIRD INTEREST, ALL AS TENANTS IN COMMON 3. The Land referred to in this report is situated in the City of Carlsbad State of California, County of San Diego, and is described as follows: See attached Legal Description Page 2 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 7 AND 8 IN BLOCK J OF TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 535 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888. APN: 203-294-01-00 Page 3 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable. 2. Taxes for proration purposes only for the fiscal year 2017-2018. First Installment: $444.76, PAID Second Installment: $444.76, PAID Tax Rate Area: 09098 APN: 203-294-01-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Water rights, claims or title to water, whether or not shown by the public records. 5. An unrecorded lease, executed by Chester L. Satterly and La Homa R. Satterly, husband and wife, as lessor and Raymond J. Ward and Elizabeth L. Ward as lessee, as disclosed by a Lease Agreement recorded September 21, 1973 as Instrument No. 73-266478 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 6. Any right, title or interest of Chris Bernard and T3 Gear, as disclosed by a notice of nonresponsibility recorded December 05, 2011 as Instrument No. 2011-0651163 of Official Records. 7. We find no open deeds of trust, and will require the Open Loans Affidavit form to be submitted for review prior to close. 8. A deed from the spouse of any married person herein be recorded in the public records, or the joinder of the spouse of any married person named herein on any conveyance, encumbrance or lease to be executed by said married person. Notice: If an ALTA Extended Lender's Policy is to be issued, the following exceptions will appear: 9. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 10. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 11. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. Page 4 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. ********** END OF REPORT ********** Page 5 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C * * * * * NOTES * * * * * 1. NOTICE OF RECORDING PROCEDURE Pursuant to Cal. Revenue & Tax Code §480.3, all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a nonexclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. Effective January 1, 2018, Cal. Government Code §27388.1 imposes an additional fee of $75.00 to be paid at the time of recording for every real estate instrument, paper, or notice required or permitted by law to record, except those expressly exempted from payment. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. {For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company, Inc. will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters Page 6 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 5. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company, Inc. 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. Page 7 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C :) File Number: 54807-1593702-18 OWNER'S DECLARATION The undersigned Owner(s) of legal age, being duly sworn, deposes and states under penalty of perjury under the laws of the State of California. 1. That certain real property (the"Property") as described in that certain Commitment of Title Insurance/Preliminary Report No. 54807-1593702-18 dated as of September 13, 2018 ("Commitment/Report") issued by or on behalf of North American Title Company, Inc. ("North American Title Company, Inc.") is improved by the following (check all that apply) □ Single family residences □ One-to-four family residences □ Apartment building □ Office building □ Commercial building □ Combination office/commercial building □ Industrial building □ Vacant Land □ Other: 2. WORK OF IMPROVEMENT: Please respond to A, Band C below: A. For the period of 90-days prior to the date of this Affidavit, no repairs or work of improvement has been conducted on, nor any materials supplied to, the Property except as follows: (Enter "None" if such is true.) If you have described any work of improvement above, please complete the following: □ Started on _______ _, 20 __ . □ Completed on 20 __ . □ Will be completed on ________ __, 20 __ . B. Cessation of Labor (Please place an "X" by 1 or 2 below): □ 1. There has been a cessation of labor where a work of Improvement was discontinued before completion within 150 days of the date of this Affidavit. PLEASE DESCRIBE THE NATURE OF THE WORK THAT DISCONTINUED: □ 2. There has not been a cessation of labor where a work of improvement was discontinued before completion within 150 days of the date of this Affidavit. Page 8 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C. There are no unpaid billsClabor or material because of any improvem~ made to the Property except: (Enter "None" if such is true.) 3. No one is in possession of, or has any right to possession of, the Property except: □ Declarant as owner. □ Tenants based only on month-to-month rental agreements. □ Tenants based upon existing leases as listed on the Rent Roll attached hereto as Exhibit A and incorporated herein by reference. □ Other: _____________________ _ 4. No person(s) or entitles, have (i) any options to purchase or rights of first refusal, including but not limited to lessees under any leases referred to in Paragraph 3 above, and/or (ii) easements, licenses, agreements or other rights allowing them to use, encroach on, or access to the Property except (i) as shown in the Commitment/Report, and (ii) (Enter "None" if such is true.) 5. Those certain lease(s) shown as exception number(s) ____ in the Commitment/Report have either: (a) expired by their own terms, or (b) if they have not expired, the lessee(s) have vacated the Property and Declarant has been notified of the vacation of the Property either by correspondence from the lessee or by physical inspection of the property. 6. To the best of Declarant's knowledge, there are no unrecorded real property taxes or assessments against the Property. The undersigned is not aware of any release reports or commitment statements which have been issued pertaining to any environmental issues or liens. 7. This Affidavit is given for the purpose of inducing North American Title Company, Inc. and its agents to issue policy(ies) of title insurance which may provide coverage with respect to all matters set forth herein. If North American Title Company, Inc. elects, in its discretion, to (a) accept this Affidavit, and (b) issue title insurance policy(ies) to third parties, North American Title Company, Inc. will do so in material reliance on this Affidavit and the representation and covenants in this Affidavit. 8. Declarant acknowledges that he/she has read this Affidavit, that all the statements made in this Affidavit are true and correct of his/her own actual knowledge, and fully understands the legal aspects of any misrepresentations or untrue statements made in this Affidavit. Declarant, both personally and on behalf of Owner, covenants and agrees to defend, indemnify, and hold North American Title Company, Inc. harmless from and against any and all claims, actions, suits (including arbitration), liabilities, losses, damages, costs, charges, attorney's fees and other expenses of every nature and character as a result of its reliance on this Affidavit. Page 9 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C Executed on _______ ___, 20 __ _, at ___________ ___, ________ _ "Declarant" Owner Owner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accura , or validi of that document. State of ______________ _ County of _____________ _ (City) (State) Subscribed and sworn to ( or affirmed) before me on this __________ day of ________ _, 20 __ , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (seal) Signature ______________ _ Page 10 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C OPEN LOANS AFFIDAVIT Order Number: 54807-1593702-18 Escrow Number: 54807-1593702-18 -----------------------------of legal age, hereby declares and swears, under penalty of perjury that the following information, declarations, representations and answers are true, correct and complete: 1. I am the current owner of the property in this transaction which has an address of: 2825 State Street,, carlsbad, CA 2. That the following is a complete and comprehensive list of all open loans taken out against said land: (If no open loans, please write NONE on the 1st Current Lender Line and initial). 1.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □ YES □ NO IF YES, how long ( ) MONTHS 2.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □ YES □ NO IF YES, how long ( ) MONTHS 3.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □ YES □ NO IF YES, how long ( ) MONTHS 4.) Current Lender: Loan Balance $ Original Lender: Original Loan Amount: $ Are you in default of this Loan: □ YES □ NO IF YES, how long ( ) MONTHS 3. I understand and acknowledge that this Affidavit is made for the protection and benefit of North American Title Company and for all other parties hereafter dealing with or who may acquire an interest in said Property and for the purpose of inducing North American Title Company (including its affiliates and underwriters) to insure title to said Property. I am fully aware and know that North American Title Company will rely on this Affidavit and would not insure title without it. We also hereby agree to indemnify and hold North American Title Company harmless and to become fully financially responsible for any loss that may occur to North American Title Company or any other parties if any of the information, declarations, representations and answers turn out to not be true, correct and/or complete, whether by accidental omission or actual deceit and/or fraud. Dated: ______ _ BY: ____________ _ BY: ____________ _ Page 11 Rev. NAT 8/15/15 Order No. 54807-1593702-18 RTH AMERICAN TITLE COMPANY, IN 11249 Gold Country Blvd., Ste. 140, Gold River, CA 95670 (916)262-8400 Fax: (916)943-2205 Email: Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title order number and property address. Attention: Your Ref: Our Order No.: 54807-1593702-18 LENDERS SUPPLEMENTAL REPORT Dated as of September 13, 2018 AT 7:30 A.M. Title Officer: Sue Bulhoes The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Commercial / Commercial Known as: 2825 State Street, City of Carlsbad County of San Diego State of California. 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 September 23, 2016 as Instrument No. 2016-0507042 of Official Records. From: Russel Lewis Satterly, Trustee of the Satterly Family Trust A and Trust B dated May 3, 1991, an undivided one hundred percent (100%) interest To: Russel Lewis Satterly, a single man as to a one-third interest, Susan L. Rev. NAT 8/15/15 Satterly, an unmarried woman as to a one-third interest, and Linda Carol Mino, a married woman as her sole and separate property as to a one- third interest, all as tenants in common Page 12 Order No. 54807-1593702-18 Privacy Polic) Rev. 05/22/2018 North American Title Grou Famil of Com anies FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, LLC FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how t hey share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal informat ion. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • Transaction history and payment history • Purchase history and account balances All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal informat ion, t he reasons North American Title Group, LLC Family of Companies ("NATG") chooses to share, and whether you can limit this sharing. Reasons we can share your personal information Does NATG Can you limit share? this sharing? For our everyday business purposes Yes No Such as to process your t ransactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes Yes No To offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes Yes No Information about your transactions and experiences For our affiliates' everyday business purposes No We don't share Information about your creditworthiness For our affiliates to market to you Yes Yes For nonaffiliates to market to you No We don't share • Visit the following webpage for full instructions and a link to the Opt Out process via our NATTRACK system: www.nat.com/Opt-Out OR • Mail the form below Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. n':"iiim' Call 1 (844) 654-5408 X----------------------------------------------------------------------------------------------------------------------------------------------------- Mail-in Form If you have a joint account, your choice(s) will apply to everyone on your account unless you mark below. Apply my choices only to me. Mail To: Rev. NAT 8/15/15 Mark any/all you want to limit: L Do not allow your affiliates to use my personal information to market to me. Name Address City, State, Zip Account# North American Title Group, LLC Family of Companies ATTN: General Counsel 760 Northwest 107th Avenue, Suite 400 Miami, FL 33172 Page 13 Order No. 54807-1593702-18 Who is providing this notice? What we do North American Title Group, LLC Family of Companies (identified below), which offers title insurance and settlement services and property and casualty insurance How does NATG protect my personal To protect your personal information from unauthorized access and information? use, we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings. How does NATG collect my personal We collect your personal information, for example, when you information? Why can't I limit all sharing? What happens when I limit sharing for an account I hold jointly with someone else? Definitions Affiliates Non affiliates Joint marketing • Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes - information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Your choices will apply to everyone on your account -unless you tell us otherwise. Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with a Lennar name; financial companies such as Eagle Home Mortgage, Eagle Home Mortgage of California, CalAtlantic Mortgage, Inc., and Rialto Capital Management; and nonfinancial companies, such as Lennar Corporation, Lennar Multifamily Companies, Lennar Commercial, Lennar Homes USA, Lennar Family of Builders, CalAtlantic Homes, Lennar Sales Corp., SPH Title, Inc., Sunstreet Energy Group, Five Point Communities, WCI Communities, LLC, Watermark Realty Referral, Inc., and WCI Realty, Inc. Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, IT service providers, companies that perform marketing services on our behalf, and consumer reporting agencies. A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • NATG doesn't jointly market. The North American Title Group, LLC Family of Companies consists of the following entities: North American Title Company North American Title Company, Inc. North American Title Company of Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. CalAtlantic Title, Inc. CalAtlantic Title of Maryland, Inc. Rev. NAT 8/15/15 Page 14 North American Abstract Agency NASSA, LLC North American Title, LLC North American Advantage Insurance Services, LLC North American National Title Solutions, LLC North American Title Agency, LLC CalAtlantic Title Atlanta, LLC CalAtlantic Title Charleston, LLC Order No. 54807-1593702-18 CLTA Preliminary Report Form· Exhibit A (Rev. 05-06-16) CLTA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12·02·13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Page 15 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) $2,500 $5,000 $5,000 $2,500 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 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 [Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ] PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. Page 16 Rev. NAT 8/15/15 Order No. 54807-1593702-18 C (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. - 1. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. 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. 3. 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. 4. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 Exclusion 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, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 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. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Page 17 Rev. NAT 8/15/15 Order No. 54807-1593702-18 :;,:, ~ z !:; ~ .... ~ U1 0 a. 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ASSESSOR'S PARCELS BOO< 203 PAGE 211 MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. ST :;:""~01---... ~ C'l § ~IP>~ Q. Ii: o. a: la:o it I"\ -- ~ 18 27IPML0T1 aw @ : 11$12 PM20752 a: 0 60 " w ~ ~ 8 w ~ .J .J > L t 203-29 ~ @ 1";1Q0' .!.!,ll·· 14 1 1s I 16 I 11 I re 41 0©00 4• 4• w ~ BO & ST : ®- @) 0 ~ (/) .J .t ~ 0 ~t ~ I\ ,u:, /<ff.!!h JI j 4P I ~ <( 0 80 I I ' I <:ii '~ ti 80 ~ ~ \ -1--ELM AVE I Q I MAP 1722 -SEASIDE LANDS '\J9 MAP 1710-CARLSBAD LANDS SUB-POT TCT 106 MAP 775 (365, 535) -TOWN OF CARLSBAD AMENDED SEC 6 -T12S -R4W -POR SW 1/4 SEC 1 • T12S -R5W -POR SE 1/4 ROS 10264, 14504, 21215,22811 I I I 0 ()