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HomeMy WebLinkAboutCUP 2021-0011; FIT FOR LIFE BY REN; Conditional Use Permit (CUP)('city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits Coastal Development Permit Conditional Use Permit ~ Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Minor 0 Hillside Development Permit D Minor 0 Nonconforming Construction Permit D Planned Development Permit O Minor D Residential O Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) D Variance 0 Minor (FOR DEPT. usE ONLY) Legislative Permits . C'1P Z,dl-l -oo I I 0 General Plan Amendment D Local Coastal Program Amendment D Master Plan D Amendment D Specific Plan D Zone Change D Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative O Minor O Major Village Review Area Permits D Review Permit 0 Administrative D Minor O Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY -SAME DAY APPOINTMENTS ARE NOT AVAILABLE 2 2 \ ·-Ol ::\ -OL\ -00 6 l L\ la :I1 C:.-iffi, -g_~ C:C-'3\C \ 20, LA 2L5ffiD, C:f\ °12ol O 7 ' (STREET ADDRESS) ESTIMATED COMPLETION DATE Development No. t)t\/ l,Ot,\ -D\S ~ Lead case No. CUP?o2\-bOI) P-1 Page 1 of 6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: (PLEASE PRINT) Palomar Melrose, LP, a California limited partnership By: Amel Commercial Properties Its Agent 949 South Coast Drive, Suite 600 G ELEPHONE: _ Costa Mesa, CA 92626 EMAIL ADDRESS: stinder@arnel.com. {11"() 4i1-Sooo-,-1 CERTIFY THAT I AM THE LEGAL OWNER"'AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN S MY AUTHORIZED REPRESENTATIVE FOR PUR8 ES OF THI AR LIGATION. 7-S--11 l DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 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 DATE APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME ~ (if applicable): LA.> \2EN f\~ COMPANY NAME (ifapplicable): "fr, ufe. \ft:\ ~.LLL ) MAILING ADDRESS:?:>) 4 fa Tl b E.-12,, ~I-,) c:f, ~ ,-z..o ' c1TY, sTATE, z1P: cN~ .. -15;\Y\u, CA °12.Dl D I TELEPHONE: :no. 6 2-5 . z Z-43 EMAIL ADDRESS: i?_-EN e> ~L~IL • ~l-rN~SS 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. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH TH D AND Bl y sue RS IN INTEREST. ROPE OWNER SIGNATURE .._ COO, Amel Commercial Properties ---------------=---~--=---=~------=-=-FOR CITY USE ONLY P-1 Page 2 of 6 .·<i/EO JUL 2 6 202! CI TY 0, .,,-. ·,L~dAO PLAI\IN11,J. r,1\11SIOr-J DATE STAMP APPLICATION RECEIVED RECEIVED BY: I '/7c~ Revised 03/17 (city of Carlsbad DISCLOSURE STATEMENT P-l(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.• Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. P-l(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person LP<v~ f\u_EN Corp/Part 1:n: L iK B::i }?Et'2) • LU. I Title 01 .v f'.l t:12., Title -------------- Address 3\t.\b Tll7(:R... :g.....,wn,t{'t::. 12-0 C\1\\2...L<::,)?iA\l, Cf\ "2.CIO Address ____________ _ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Title ___________ _ Address ----------- Corp/Part_ Title --- Address_ Page 1 of 2 Palomar Melrose, LP, a California limited - partnership By: Amel Commercial Properties Its Agent 949 South Coast Drive, Suite 600 Costa Mesa, CA 92626 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust_________ Non Profit/Trust __________ _ Title____________ Title _____________ _ Address Address ------------------------ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ 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. Signature of owner/date, Palomar Melrose, LP, a California limited partnership By: Amel Commercial Properties ----LevRE:-N ALL'<.N Its Agent 1-'nm or -.:ype name of owne'r Print or type name of applicant :&~nl's agenl if applicable/dale Mark Sanquist, Chief Operating Officer Print or type name of owner/applicant's agent P-l(A) Page 2 of 2 Revised 07/10 ----------~ -, _____________ ... _________ _ .... ('cicyof Carlsbad PROJECT DESCRIPTION P-l(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Ii:r: L-;lfE, B'-i \2._Et--) ( LLG APPLICANT NAME: LAvQ__~ A,'--L§-N I Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P·l(B) \/.e_,v-V\·,·\---\}7;-C~ Y.:)c,<:>W\.Q_SS ~r-00\d_in~ \1.~~\E_ 0. {\c:\ {·r-\ <\0._SS C Du L-Vl, {)?) , 'F,, L\.tt B'-'\ Q__Ef'--.:l , LLC \ S O -(u \\ -Ser-,.), u2.. \0e0-\-tn ~ l--..._;,-e_ ti Vlk~~ Ce v1--\c_r + ~1 0 i p6o\.) , cie_ ~ nu + r , ion. Q l c oo. d \ \" '9 ~, --\ Y\C 'l 0 t> e0 -\ l c \o o cl ::J vv·1u\J-£..vv ~ I Y1 '3i r u c__-\·t Ov\ 0 \ \ ~ \ WW ~ -+owet<d-S. , Y1f)pro\J ,n:j 9 uo l rt~ o~ \1-k ~ \ onge -J \~ ( I v1C...\ ud IV\~ c r-e_a_t1 Y'j 3c eu-+e < bo,1 e cl-e ':S-\~ 1 5-\-(e Vi~ -\-\1'0.\111 V1~ +vw I 01l\1rlL;(iQ. s~r;, {c_fY); t-td UL\ v1~ y-\':) ~ -C>{} \;\Q a\ e}-, 61' 'x'C.t5e. CH1 cl \ (t V7 p(\u \) \l{19 ~ 'Vl ·\o' Y\W \ +i,J) -1-11 IOU~ VJ pefSo, 1 Cl_ \ -\-m \ 17\ \le °) 0 vx\ 5\f\tl[l '\ 3 \Ov'p ·-tru \ \1 l Vl ~ c. 0-) <? 0-\--\C( 0-)S\V~ 5 C(Jv? ·--\-({J--\ vl \ V\~ vi ~S .. t-J\ 0 n ~ FR, ~ -S '. 30 AH -C:,: 3DAt-1 1 9 :ooP-..M -\ o ·.oo l"\H I t1..: IS pt--1 -I: OOf>Yi 4:\Spt-1 -C::,'.30pt---t Page 1 of 1 Revised 07/10 (city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-l(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites list compiled by the California Environmental Protection Agency and hereby certify that (check one): □ 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. The development project and any alternatives proposed in this application am contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:_~___,_...;;::_)Q ___ ;;_µ=------(\__A:-'~-"--_____ _ Name:_ Palomar Melrose, LP, a California limited partnership l Phone Number: 7 (:,0., S '2-3 . 2-'1-L\ S Address:_ By: Amel Commercial Properties Its Agent 949 South Coast Drive, Suite 600 Costa Mesa, CA 92626 Phone Number:_ (714) 481-5000 Local Agency (City and County):_-"CA-...,__· ~-~...::S...::B""-. ;_A.:....oD=----~..;;;..'>t\=~'-=--'"'-V..;..:\ t:C:===·;;;...:-1=0:........aL;;;;.;~;_-=·_,__~...;_~ ....!....--- Assessor's book, page, and parcel number: __ Z.....;_..:2-:;.....;..\ _-___;;O'---'-\ ~.....;__-___;;0::;;.~---=--·-_(X).....;_ ______ _ Specify list(s):. _____________________________ _ Regulatory Identification Number:. _______________________ _ Date of List:. ______________________________ _ 3 2-iJ'2..\ Applica Property Own'er 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-l(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. Name of project: __ _.f_ ..... (f......__U=--f6 ....... '---..... ·p_~----\2:-----~_::. ~--' ..._u..L-_____________ _ 2. Name of developer or project sponsor: l.t'\uQ.~ ~ Address: 3 \L\6 \lb~ i?-ul-:? (:T 'S% \ ?D 3. City, State, Zip Code: ___ U~_k$ __ £_f\_i)__,.1_L-A....__g~2-o_l u_•. ________ _ Phone Number: ___ 7_6_0_._S_--i.:_:S __ ._2-_~_4:._3 _________ _ Name of person to be contacted concerning this project: ___ U\o ____ ._Q ___ E __ -~ ___ _._A .... u...£N=--_"_' __ Address: ·:3 \\..-\L.. \(bill-~ c..r'- City, State, Zip Code: U\\Ll.S~J\;\) 1 (_ A, > $"CC \7-0 9'2.oJD Phone Number: __ J........::b;;...;D=-·-S"'--1---'---""'S_. -~-~_4,__~-------------- 4. Address of Project: -3 \4 L TJC--iE:12-12-uN u , S--r£, \20 cCf1ZLS.sN() LA Oi2o10 Assessor's Parcel Number: ':2-:2..\ ~ 0\4 -o'::\ -DD 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: _\~N_._py ______ ~_.f_i2._1 ___ A ..... · _1 ________ _ 8. 9. Existing land use(s): _....,\ .... W ___ w...._. .... ~--· ..... :t\Ll._._ ........ A .... , _______________ _ Proposed use of site (Project for which this form is filed): &..,:;;, 1 ~SS Project Description ~ 10. Site size: ___ a ..... 5'--'-1 _,1,,\._1_7~ ____ 2-_._, 7_S ____ ~.__ _________ _ 11. Proposed Building square footage: __ ._N----f,,/ ..... & __________________ _ 12: Number of floors of construction: ___ __.,__t-'--:_'1-._I_S_:i-.... 1 ..... f0_b_. _r:......._.k""'""'"o ___ o....,R.~------ 13. Amount of off-street parking provided: --~~--------------- 14. Associated projects: -------1-N....:...+j...,_Pr_.__ ______________ _ P-l(D) Page 2 of4 Revised 07/10 15. 16. 17. 18. 19. P-1(0) If residential, include the number of units and schedule of unit sizes: If commercial, indicate the type, whet Aneighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ....... -+--------------------- If industrial, indicate type, estimated employment per shift, and loading facilities: _A--+ __ \ ___ _ If institutional, indicate the major function, estimated employment per shift,_\E;3Umated occupancy, loading facilities, and community benefits to be derived from the project: _._/\J.....,~1-~------- If the project involves a variance, conditionf'U~e or rezoning applications, state this and indicate clearly why the application is required: _...;.l_~,..fi _________________ _ Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes ( attach additional sheets as necessary). Yes 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22. Change in pattern, scale or character of general area of project. D 23. Significant amounts of solid waste or litter. 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 27. Site on filled land or on slope of 10 percent or more. D 28. Use of disposal of potentially hazardous materials, such as toxic substances, D flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 31. Relationship to a larger project or series of projects. 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. =~•Wre: ze~~~kU , CLC r Date: _L ..... \ _,_) ,-'-;-+'-=-·2,_c_-1-___ t ___ _ P-l(D) Page4 ot4 Revised 07/10 Ccityof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue {760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION . ., • ~ PROJECT NAME: F,, Ll-P-6 \31..., ~ ,L--LC-PROJECT ID: " ADDRESS: 3 1Ll (o 7l(-1E.i2.. 12-L-N C;;t-'5~ i 2.D I C,A(2--.s, BAD I CA '9 2.£:,k APN: ~2-! -c_,t 4~ -6 Lj -Do The project is (check one): D New Development ~edevelopment The total proposed disturbed area is: . Z.. 7 S 3 ft2 ( ) acres The total proposed newly created and/or replaced impervious area is: 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. JUL 2 '} ?.071 E-34 Page 1 of4 ) REV 03/19 ., 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 interi or remodels within an existing building): +i.NL pro~~ doe.:5 Yl-<'J-\-1v1d~ ('.}_x\~ ,-e_ «l<=rl-~ \ -s wt+n tn CA.v'l ~ K l S -\-\ VI j bu,\d'lv.~ Uv·1\-'n ¾YQ__ e:::1~0 \f\ er{= 1Y1ttnar po._1 AL,. If you answered "no" to the above question, the project is a 'development oroiect', no to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets CIUidance? 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 of4 REV03/19 · . .'· ;.' .,/}:_..,,,, ., .. . ,. i,> ._,.; ~._::;STa>,_3 ·.· ,,,, :· ' ··.· >-~. ·;-7 ··;. -.. ·-·,. .· ., ., ·• ·c ·,, --·. To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO l. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or oreater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to " includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My project is a 'STANDARD PROJECT' .. ." and complete applicant information. E-34 Page 3 of 4 REV 03/19 • STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP} ONLY Complete the questions below regarding your redevelopment project {MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*lO0 = % - If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... "and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BM P Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP} for submittal at time of application . 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT stormwater requirements apply. ~y Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: I :auR-~ AL~ Applicant Title: Ov-.JNElc_ ) _Af_ LI £ 1 ~ } 20 'LI . .- Applicant Signature: ~.--7 Date: /1 .... * Environmentally Sensitive Are1IS""rnclude but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of S ecial p Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box tor Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of4 REV 03/19 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 ( City of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEOA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).* *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEOA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available.on the city's website. P-30 Page 1 of 7 RE~·~ ( · JUL ? ) 1n;·1 CITY c~ J PL.C.. 1 '.', • ·J Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If ''Ye~', proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. 8. The CAP established a screening threshold of 900 MTCO2e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCO2e/year screening threshold. If "Ya', proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN : Applicant Name/Co.: Applicant Address: Z 2-\ -Ol4--D L\ -OO 3 l L{(_ Tl C:::l£(L R\.) 1'-) L'---(__ (__,-C 5~ \ 20 , (:fQL,S \3-1\-0iU:-q-z.oto I > Contact Phone: 71..,,.0 .. 52...3" 2. 2.l-\ 3 Contact Email: (.2._sj--j e ~ \...-x.R • ~ llN E--ss Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. □ Alterations: □ BPV ~ $60,000 □ BPV ~ $60,000 □ Electrical service panel upgrade □ BPV ~ $200,000 □ New construction □ Alterations: P-30 NA lA lA and 4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions ~ 1B,5 1,000 square feet □ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. D Residential addition or alteration l!! $60,000 building pennit valuation. □ N/A __________ _ See Ord. CS-347, Section 8. □ Exception: Home energy score l!! 7 Year Built Single-family Requirements D Before 1978 Select one: □ Duct sealing □ Attic insulation □Cool roof □ 1978 and later Select one: D Lighting package D Water heating package □ Between 1978 and 1990 D 1991 and later B. D Nonresidential* new construction or alterations l!! $200,000 building pennit valuation, or additions l!! 1,000 square feet. See CALGreen Appendix AS, Discussion AS.Z, as amended in CS-347, Section 3. A5.203.l.l.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power A5.203.l.l.2 □ Restaurant service water heating {comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget D .90 Energy budget AS.211.1.** □ On-site renewable energy AS.211.3** □ Green power {if offered by local utility provider, 50% minimum renewable sources) A5.212.l □ Elevators and escalators A5.213.l □ Steel framing P-30 Page 4 of 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: D Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package 0 N/A _________ _ 0 N/A 0 N/A 0 N/A □ N/A □ N/A □ N/A Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist D N/A * Includes hotels/motels and high-rise residential buildings •• For alterations ~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with california Energy Code section 120.10 instead. A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project indudes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D D D kWdc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: D Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size: ___ kWdc □ If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist A. 0 Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l{c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 {high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery D Exception: B. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction D Exception: A. 0 Residential New construction and major alterations* D Recovered energy Please refer to Carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : _______________ _ D Multi-family residential· D Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or nlnstalled.") P-30 Page 6 of 7 I I Installed I Total I Revised 02/20 . ' City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation;?: $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation;?: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. D Nonresidential new construction (indudes hotels/motels) D Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT /1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P .11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering {LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No □ LOE Staff Verification: □. _____ (staff initials) P-30 Page 7 of 7 Revised 02/20 ■■NORTH " .. AMERICAN ~TITLE -■COMPANY FLXR Fitness 3146 Tiger Run Ct. Ste 120 Attn : Lauren Allen Preliminary Report Dated as of July 9, 2021 at 04:30 AM. Your Ref: Our Order No .: Property Address: 711 W. Kimberly Avenue, Suite 200 Placentia, CA 92870 Office Phone: (949)419-9400 Office Fax: (800)464-6282 Email: sgteam@nat.com 92002-21-20733 3132-46 Tiger Run Court, Carlsbad, CA 92010 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 CL TA and AL TA 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 : AL TA Loan Policy America First Homeowner Policy (ALT A/CL TA Homeowner's Policy of Title Insurance) Please note that the America First Homeowner's Policy (CL TA/ AL TA 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. Prelim Scott Enda & Greg Woodbury, Title Officer JUL 2 ~ 2021 CITY OF CARL~8A:) P~A~~-1~. ::::, : 11 ~ 92002-21 -20733 SCHEDULE A 1. The estate or interest in the land herein after described or referred to covered by this report is: A Fee. 2. Title to said estate or interest at the date hereof is vested in: Palomar Melrose LLC, a California limited liability company 3. Real Property in the City of Carlsbad, County of San Diego, State of California, described as follows: See attached Legal Description Prelim 92002-21-20733 LEGAL DESCRIPTION Real Property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 8 OF CARLSBAD TRACT NO. 99-06, PALOMAR FORUM, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14831, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 2004, TOGETHER WITH TIGER RUN COURT. VACATED PER STV 05-01 BY RESOLUTION NO. 2006-276 OF THE CARLSBAD CITY COUNCIL ON SEPTEMBER 19, 2006 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 2006 AS INSTRUMENT NO. 2006-0688403. EXCEPTING THEREFROM ONE-HALF OF ALL MINERALS IN, ON OR UNDER SAID LAND, AS RESERVED BY BURTON D. HIGHTOWNER, A WIDOWER, IN THE DEED RECORDED MAY 19, 1959 IN BOOK 7669, PAGE 361 OF OFFICIAL RECORDS. APN: 221-014-04-00 Prelim 92002-21-20733 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 2021-2022, a lien not yet due or payable. 2. Taxes for proration purposes only for the fiscal year 2020-2021. First Installment: $107,207.44 Paid Second Installment: $107,207.44 Paid Tax Rate Area: 09019 APN: 221-014-04-00 3. The lien of special tax for the following community facilities district, which tax is collected with the county taxes. District: Carlsbad CFO #3 IMP 1 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. Water rights, claims to water, whether or not shown by the Public Records. 6. The terms and provisions contained in the document entitled " Notice and Waiver Concerning Proximity of the Planned or Existing Transportation Corridor(s) Case No: CT 99-06" recorded October 18, 2002 as Instrument No. 2002-0913259 of Official Records. 7. The terms and provisions contained in the document entitled" Notice of Restriction on Real Property" recorded October 18, 2002 as Instrument No. 2002-0913314 of Official Records. 8. Covenants, conditions, restrictions and easements in the document recorded January 10, 2003 as/in Instrument No. 2003-0035144 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document. 9. The terms and provisions contained in the document entitled" Hold Harmless Agreement Drainage" recorded May 27, 2004 as Instrument No. 2004-0494022 of Official Records. 10. The terms and provisions contained in the document entitled " Hold Harmless Agreement Geological Failure" recorded May 27, 2004 as Instrument No. 2004-0494023 of Official Records. 11. Abutter's rights of ingress and egress to or from Tiger Run Court, except access openings and Eagle Drive, have been dedicated or relinquished on the filed Map. 12. An easement shown or dedicated on the Map as referred to in the legal description for sight distance corridor and incidental purposes. 13. The terms and provisions contained in the document entitled "Agreement Regarding Annexation of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carlsbad " recorded March 16, 2005 as Instrument No. 2005-0216788 of Official Records. Prelim 92002-21-20733 14. The fact that said land lies within the Boundary Map Community Facilities District No. 3 City of Carlsbad, as disclosed by instrument recorded October 14, 2005 as instrument no. 2005-0891964 of Official Records. An Amendment to Boundary Map Community Facilities District No. 3 recorded October 18, 2005 as instrument no. 2005-0899437 of Official Records. A Notice of Special Tax Lien of Community Facilities District No. 3 recorded November 17, 2005 as instrument no. 2005-0998003 of Official Records. 15. An easement for avigation purpose and incidental purposes, recorded June 15, 2006 as/in Instrument No. 2006-0424382, Official Records. In Favor of: County of San Diego Affects: As described therein 16. An easement for right of way and for the transmission and distribution of electricity, underground communication facilities, for any and all purposes, together with the right of ingress thereto and egress therefrom and incidental purposes, recorded August 18, 2006 as/in Instrument No. 2006-0590191, Official Records. In Favor of: San Diego Gas And Electric Company, a corporation Affects: As described therein 17. The terms and provisions contained in the document entitled " Notice of Restriction on Real Property " recorded October 6, 2006 as Instrument No. 2006-0714463 of Official Records. 18. A document entitled "Certificate of Compliance for Adjustment Plat", recorded December 01, 2006 as Instrument No. 2006-0854456 of Official Records. 19. The terms and provisions contained in the document entitled Agreement between Developer/Owner and the City of Carlsbad for the payment of a local drainage area fee increase, executed by and between Palomar Melrose LLC, a California Limited Liability Company and the City of Carlsbad, a municipal corporation, document recorded January 12, 2007 as/in Instrument No. 2007-0026888 of Official Records. 20. An easement for waterline purposes and incidental purposes, recorded March 8, 2007 as/in Instrument No. 2007-0160765, Official Records. In Favor of: Carlsbad Municipal Water District, a Public Agency Affects: as described therein 21. The terms and provisions contained in the document entitled Encroachment Agreement, executed by and between the City of Carlsbad and Palomar Melrose LLC, a California limited liability company, document recorded March 8, 2007 as/in Instrument No. 2007-0160766 of Official Records. 22. Covenants, conditions, restrictions and easements in the document recorded March 10, 2008 as/in Instrument No. 2008-0124369 of Official Records, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document. 23. The terms and provisions contained in the document entitled " Permanent Stormwater Quality Best Management Practice Maintenance Agreement" recorded June 16, 2008 as Instrument No. 2008-0322655 of Official Records. Prelim 92002-21-20733 24. The terms and provisions contained in the document entitled " Certificate of Compliance Non-Residential Condominium" recorded July 3, 2008 as Instrument No. 2008-0358084 of Official Records. 25. The terms and provisions contained in the document entitled " Joint Use Parking Agreement" recorded July 3, 2008 as Instrument No. 2008-0358085 of Official Records. 26. A document entitled "Condominium Plan for Palomar Forum Business Park", recorded July 03, 2008 as Instrument No. 2008-0358086 of Official Records. 27. An easement for Underground facilities and appurtenances for the transmission and distribution of electricity, Communication facilities, and appurtenances and incidental purposes, recorded February 19, 2016 as/in Instrument No. 2016-0072009, Official Records. In Favor of: San Diego Gas & Electric Company, a corporation Affects: as described therein 28. We find no open deeds of trust, and will require the Open Loans Affidavit form to be submitted for review prior to close. 29. With respect to Palomar Melrose LLC, a California limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Notice: If an AL TA Extended Lender's Policy is to be issued, the following exceptions will appear: 30. 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. 31. Any rights, interests, or claims of parties in possession of the land not shown by the public records. *********************END OF RE PO RT********************* Prelim 92002-21-20733 ********************NOTES********************* A. 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. B. GOOD FUNDS LAW Prelim Under Section 12413.1 of the California Insurance Code, North American Title Company 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 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 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 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 will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. North American Title Company charges for recording the transaction documents include charges for services performed by North American Title Company, in addition to an estimate of payments to be made to governmental agencies. 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 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. 92002-21-20733 C. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Prelim 92002-21-20733 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE Referring Party: North American Title Company, North American Title Company, Inc., North American Title Company of Colorado, North American Title, LLC, North American Title Agency, Inc., or North American Title Company, LLC, as applicable ("NAT") This is to give notice that NAT has a business relationship with North American Title Insurance Company ("NATIC"). NAT and NATIC, directly or indirectly, are wholly owned subsidiaries of States Title Holding, Inc. Because of this relationship, this referral of services may provide NAT a financial or other benefit. Set forth below are the estimated charges or range of charges for the settlement services provided by NATIC. You are NOT required to use NATIC as a condition for closing your transaction. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Title Insurance Fees NAT provides closing services and title insurance through numerous title insurance underwriters, one of which is NATIC. If NATIC is selected as the title insurer, the following fees apply: 10% -40% of costs for lender's and/or owner's title insurance, as applicable, depending on the property state, and as shown on the Loan Estimate and/or Closing Disclosure provided by your lender. Contact your local NAT representative for a more detailed title insurance quote based on your specific transaction. ACKNOWLEDGMENT I/we have read this disclosure form, and understand that NAT is referring me/us to purchase the above-described settlement service and may receive a financial or other benefit as the result of this referral. Buyer/Borrower: Seller: Date: ____________ _ Date: ____________ _ Prelim 92002-21-20733 NORTH AMERICAN TITLE COMPANY 711 W. Kimberly Avenue, Suite 200, Placentia, CA 92870 Office Phone: (949)419-9400 Office Fax: (800)464-6282 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.: 92002-21-20733 LENDERS SUPPLEMENTAL REPORT Dated as of July 9, 2021 at 04:30 AM. Title Officer: Scott Enda & Greg Woodbury 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 Known as: 3132-46 Tiger Run Court, Carlsbad, CA 92010 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: None Prelim 92002-21-20733 Privacy r < • Rev. 03/22/2021 The Doma Famil anies FACTS WHAT DOES THE DOMA FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they 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 information. 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 information, the reasons the Doma Family of Companies chooses to share, and whether you can limit this sharing. Reasons we can share your personal information Does Doma share? Can you limit this sharing? For our everyday business purposes Yes No Such as to process your transactions, 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 No We don't share For nonaffiliates to market to you No We don't share ·~' '~;] Call 1 (650) 419-3827 Other important information *California Residents -Effective January 1, 2020, the California Consumer Privacy Act allows California residents, upon a verifiable consumer request, to request that a business that collects consumers' personal information give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. If a business does not produce the information or delete the consumer's personal information as requested, it must provide an exp lanation in terms of the exemptions and exceptions provided under the CCPA. To contact us with questions about our compliance with the CCPA, call 1 (650) 419-3827 or email info@statestitle.com. Prelim 92002-21-20733 How does Doma protect my personal information? How does Doma collect my personal information? Why can't I limit all sharing? To protect your personal information from unauthorized access and use, we use security measu res that comply with federal law. These measures include computer safeguards and secure files and buildings. We collect your personal information, for example, when you • 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. What happens when I limit sharing for an Your choices will apply to everyone on your account -unless you tell us otherwise. account I hold jointly with someone else? Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates 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. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • Dama doesn't jointly market. The Dama Family of Companies consists of the following entities: Dama Holdings, Inc. States Title, LLC States Title Agency, Inc. Spear Agency Acquisition Inc. Title Agency Holdco, LLC. States Settlement Services, Inc. NASSA LLC Prelim North American Title Insurance Company North Am erican Title Agency, Inc. North American Title Company, Inc. North American Title Company North American Title Company, LLC North American Asset Development, LLC North American Services, LLC North American Title, LLC North American Title Company of Colorado 92002-21-20733 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 k.nown 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. 2. 3. 4. 5. 6. 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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 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. (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. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S 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: Prelim 92002-21-20733 ... ✓ 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. 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 $2,500 (whichever is less) 1% of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1% of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 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 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however. this does not modify or limit the coverage provided under Covered Risk 11,13,or14); 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, slate insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: Prelim 92002-21-20733 ,,,....._ 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 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 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 Tille 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.] Prelim 92002-21-20733 AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b} not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c} resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Prelim 92002-21-20733 I""" File No.: 92002-21-20733 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. 92002-21-20733 dated as of ("Commitment/Report") issued by or on behalf of is improved by the following (check all that apply) D Single family residences D Apartment building D One-to-four family residences D Office building D Commercial building D Industrial building D Combination office/commercial building D Vacant Land D 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: D Started on ________ , 20 __ . D Completed on , 20 __ . D Will be completed on _________ , 20 __ . B. Cessation of Labor (Please place an "X" by 1 or 2 below): D 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: D 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. C. There are no unpaid bills for labor or material because of any improvements 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: D Declarant as owner. Owners Declaration Commercial 92002-21-20733 D Tenants based only on month-to-month rental agreements. D Tenants based upon existing leases as listed on the Rent Roll attached hereto as Exhibit A and incorporated herein by reference. D 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 and its agents to issue policy(ies) of title insurance which may provide coverage with respect to all matters set forth herein. if elects, in its discretion, to (a) accept this Affidavit, and (b) issue title insurance policy(ies) to third parties, 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 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. Executed on ___________ , 20 __ , at ____________________ _ (City) (State) "Declarant" Owner Owner Owners Declaration Commercial 92002-21-20733 ~ 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, accuracy, or validity of that document. STATE OF CALIFORNIA) SS COUNTY OF ----------- On ___________ , before me, ______________________ _ Notary Public, personally appeared ___________________________ _ ________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Owners Declaration Commercial This area for official notarial seal 92002-21-20733 OPEN LOANS AFFIDAVIT Order No.: 92002-21-20733 Escrow No.: 92002-21-20733 I/We the undersigned being of legal age, hereby declare and swear, under penalty of perjury that the following information, declarations, representations and answers are true, correct and complete: 1. I/We am/are the current owner(s) of the property in this transaction which has an address of: 3132-46 Tiger Run Court, Carlsbad, CA 92010 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: D YES D NO IF YES, how long _____ ) MONTHS Have you requested or do you have a forbearance agreement for this loan: D YES D NO 2.) Current Lender: _____________ _ Loan Balance$ _________ _ Original Lender: Original Loan Amount: $ ______ _ Are you in default of this Loan: D YES D NO IF YES, how long '-----1 MONTHS Have you requested or do you have a forbearance agreement for this loan: D YES D NO 3.) Current Lender: Loan Balance $ _________ _ Original Lender: Original Loan Amount: $ ______ _ Are you in default of this Loan: D YES D NO IF YES, how long .._ ___ _, MONTHS Have you requested or do you have a forbearance agreement for this loan: D YES D NO Attach additional page if there are more than three outstanding loans. 3. I/We understand and acknowledge that this Affidavit is made for the protection and benefit of and for all other parties hereafter dealing with or who may acquire an interest in said Property and for the purpose of inducing (including its affiliates and underwriters) to insure title to said Property. I/We am/are fully aware and know that will rely on this Affidavit and would not insure title without it. We also hereby agree to indemnify and hold harmless and to become fully financially responsible for any loss that may occur to 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. tbd tbd Open Loans Affidavit 92002-21-20733 CJ z 0 0 n :, ~6 CJ a. • • (I) l> ~ N Vl N (I) ,_. QJ ' ~ ,_. n :::,- -0 QJ tO (I) ,_. 8.. -" ;;,::i (I) .0 C Cl ro n. OJ -< tO ~ 3 n n. QJ :, ffi: ~ :, ro n. -:::!. ,_. ..:e_ N 0 N ,_. " w N l> 3: .,, C: CT ;;· ;o " " 0 a. I I 3 I g ~ i ii iii i I l iii ~ I!:! 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(:tl,oQ .. 200· 011 116 01 1,m MAP 14831 -CARLSE!AD TCT NO 99-06 PALOMAR !°RUM -1 Standard Scale 1 : 1 ----0 2 ~ SH T 1 N86'20'1"/r . ~ t 1tfi~~4'! ~ coNoo (P ~;-I:.&~2:r52:r::::~~ 1 ~n~-ir'S¼&_~~0~ ~ : PALOMAR , bRM BUSINESS PARK · ::;,· DOC2008,L0.358086 [n /J /.,y , ';r/ .d; @) 5.06 AC LEGEND □ □ ■ □ □ □ □ Parcel (Fee, Property in Question) Easement for Drainage (Terms and Provisions) 05/27/2004, Instrument No. 2004-0494022, of Official Records Said Easement is not specifically delineated and is un-localable Abutter's rights As shown on Tract Map No. 14831 Affects as shown on said Map Easement for Sight Distance Corridor As shown on Tract Map No. 14831 Affects as shown on said Map Easement for Drainage As shown on Tract Map No. 14831 Affects as shown on said Map Easement for Tiger Run Court As shown on Traci Map No. 14831 Affects as shown on said Map Easement for Street Lighting and Landscape (Terms and Provisions) 03/16/2005, Instrument No. 2005--0216788, of Official Records Said Easement is not specifically delineated and is un-locatable Easement for Avigation 06/15/2006, Instrument No. 2006-0424382, of Official Records Not Shown -Blanket in Nature @) 7.78 AC /j'/ --· ;.. --· .. -.-·".Y □ □ □ □ □ Easement for Electricity and Underground Communication Facilities 08/18/2006, Instrument No. 2006-0590191, of Official Records Said Easement Is not specifically delineated and is un-locatable Easement for Drainage (Terms and Provisions) 01/12/2007, Instrument No. 2007-0026888, of Official Records Said Easement is not specifically delineated and is un-locatable Easement for Waterline 03108/2007, Instrument No. 2007-0160765, of Official Records Affects as described therein Easement for Waterline 03/08/2007, Instrument No. 2007-0160766, of Official Records Affects as described therein Easement for Storm Waler {Terms and Provisions) 06f16f2008, Instrument No. 2008-0322655, of Official Records Said Easement Is not specifically delineated and Is un-locatable Easement for Parking (Terms and Provisions) 07/03/2008, Instrument No. 2008-0358085, of Official Records Sald Easement is not specifically delineated and Is un-locatab1e Easement for Electricity and Communication Facitlties 02/1912016, Instrument No. 2016-0072009, of Official Records Said Easement is not specifically delineated and is un-locatable .:~2~~rcAN North American Title Company Tith.• Onler No. 92002-ll-207JJ, Prdimi1111ry Report Dattd Hor July 9, 2021 Drawtnu Datt': 07/141202 I •TITLE 7J 1 W. Kimberly Avenue, Suite 200 ■■COMPANY Plnr.c11ti11, CA 92870 Like Clockwork" Phone: 9-'9 419-9400 Fax: 800 464-6282 "Notice: This is neither a plat nor a survey. It Is furnished merely as a convenience to aid you in locating the land indicated hereon with reference to streets and other land. No liability is assumed by reason of any reliance hereon." NOTE: Easements depicted hereon are provided as a courtesy only and no repreuntation is made a.s to the accuracy orcompletene.s.s thereof. The Company auuma.s no liability for any /05s occurring by reason of reliance thereon. It Is recommended that a survey be obtained from a licensed profesional to determine actual locations. Rdcrcnrt: Da111 : l'ru11crty: JIJl-46 Ti!;(er Run Court, CNrlslHul, CA 920!0 AJUUOr'J Par("l'I NoJ.: 221-014-04-00 Plat ShO\o\'lni,: lht Real properly silUilltd ln the Cily orC1rlsb1ul, Cou111y or San Dici,:o, S1a1e or California. Sheet I or I Archive#