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CDP 2021-0039; BOB BAKER VW PYLON SIGN; Coastal Development Permit (CDP)
{''cityof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .ca rlsbadca .gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. use ONL V) Legislative Permits, [ii Coastal Development Permit [ii Minor □ Conditional UH Permit D Minor D Extension □ Day Care (Large) □ Environmental Impact Assessment D Habitat Management Permit D Minor □ Hillside Development Permit D Minor □ Nonconforming Construction Permit □ Planned Development Permit D Minor D Residenflal 0 Non-Residential □ Planning Commission Determination □ Reasonable Accommodation □ Site Development Plan D Minor □ Special Use Permit D Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (MaJor Subdivision) 0 Variance D Minor k:::.pv:>ZOZ,\~ D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change 0 Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Pennlt D Administrative D Minor O Major Village Review Area Permits D Review Permit D Administrative D Minor D Major [FOR DEPT. USE ONl V) NOTE: A PROPOSED PROJl!CT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THI! APPOINTMENT SPECIALIST AT (760) 602•2723 TO SCHEDULE AN APPOINTMENT. •SAME! DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 2110801 QQQ ---------------------------------LO CAT 10 N OF PROJECT: 5515 Car Country Dr. -------=------------------------- NAME OF PROJECT: BRIEF OESCRI PTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY (STREET ADDRESS} Bob Baker Volkswagen Install a 151-311 pylon sign on new foundation $6,000 ESTIMATED COMPLETION DATE April 2021 Development No. c£v 202 \-c:Jf2b Lead Case No. CDfZ:::91.J ---Cf.)'s' P-1 Page 1 of 6 Revised 10/20 . "' OWNER NAME INDIVIDUAL NAME (Jf applicable): COMPANY NAME (if applfcable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: (PLEASE PRINT) I CERTIFY THAT I AM THE LEGAL OWNER AND THAT All THE ABOVE INFORMATJON IS TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORJZED REPRESENTATIVE FOR PURPOSES iritUS APPLICATION. SIG (2tl4[1. < DATE APPLICANT'S REPRESENTATIVE (Print}: Tim Chau APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME rr. applicable): Timothy Chau --------------COMPANY NAME (U applicable): Elite Sign Services MAILING ADDRESS: 15162 Goldenwest Circle CITY, STATE, ZIP: Weslminster, CA 92683 TELEPHONE: 714-373-0220 -------------EMAIL ADDRESS: tim@elitesignservices.com I CER'rlFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE 8EST OF MY KNOWLEDGE. ,1r/,, J.,' ~ -------------------------MA IL I NG ADDRESS: 15162 Goldenwes t Circle CITY. STATE, ZIP: Westminster. CA 92683 TELEPHONE: 714-373-0220 -------------------------------EM A IL ADDRESS: tim@elltesignservices.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPUCANT FOR PURPOSES OF TlilS APPLICATION AND THAT ALL THE Af30VE INFO ON IS ANO CORRECT TO THE BEST OF W E. ~+/¥1 IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, Pl.ANNING 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 O_N TI-IE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAN ·fl1D BIND ANY SUCCESSORS IN INTEREST. 'C::::---- FOR CITY USE ONLY JUL 21 2021 CITY l-,, I I -.,BAD □~ S\ll~MP APPLtC~'lllON IRECelVED RECEIVED BY: P-1 Page z or6 Revised 10/20 {--cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the ·time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: . . ... ·.·•.··· ·•• ... ::.••·· · Person is defined as "Any individual, firm, co-partnership, joint venture; :;:i$5()¢iation, social club, fraternal organization, corporation, estate, trust, receiver, syndi~te, in this ~.rid. ~riv 9th~h~i:>unty, city and county, city municipality, district or other political subdivision or afoi bthe(gfq~p 9r. c<>ffi~l~etioii acting as a unit." ~~·nts may sign this document; howe11er, th~ legal 0,~~ ~n~ ;~tj~(y:~r~f ~~~i!?nt and property owner must be provided below. · ·· • • ··•.·.· .. · ... ••· .. :·: .• ·<i.<•).?\:.·.·•· · 1: 2. P·1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person,_________ corp/PartBob Baker Volkswagen Title __________ _ 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 publjcly-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 :& ~..... 'P&\v~,'b LL (_ Title. ____________ _ Address <5'"S-I S-{!Av lQJo+vy \?r &v·bbeJ1 t A-tt2.o~[' Page 1 of 2 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 ber:ieficiary of the. ~~: Profit/Trust N f ~ ~~I: Profit/Trust I ,J:r. -------------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 ltl'I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~·¢14d.2/ Signature of owner/date ~--'(/4/4o21 Signature of applicant/date ' Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 1~evlsed 07/10 _____________ , , ___________ _ Ccicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Bob Baker Volkswagen APPLICANT NAME: Elite Sign Services, Inc. Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Installing one Volkswagen pylon sign at 15'-3" overall height on to one new sign foundation 2'-6" deep x 5' wide x 6' long at dealership entrance. The dealership has completed their building remodel and needs to have a VW brand pylon installed on site. We are requesting to permit and install a new foundation base so that we can install the pylon sign at the dealership entrance. P-1 (B) Page 1 of 1 Revised 07 /1 O ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: Bob Baker Volkswagen 2. Name of developer or project sponsor: _________________ _ Address: __________________________ _ City, State, Zip Code: ______________________ _ Phone Number: ________________________ _ 3. Name of person to be contacted concerning this project: Tim Ch_a_u _______ _ Address: 15162 Goldenwest Circle City, State, Zip Code: Westminster, CA 92683 Phone Number: 714-373-0220 4. Address of Project: 5515 Car Country Dr. 5. 6. 7. 8. 9. Assessor's Parcel Number: 2110801000 ---------------------- List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Existing General Plan Land Use Designation: Regional C orrercial Existing zoning district: _C_-_2 _____________________ _ Existing land use(s): Regional Commercial Proposed use of site (Project for which this form is filed): Install new foundation 2'-6" deep x 5' wide x 6' long for a pylon sign to be installed by the dealership entrance Project Description 10. Site size: __________________________ _ 11. Proposed Building square footage: _1_3_,_5_4_9 _______________ _ 12: Number of floors of construction: _2 ___________________ _ 13. Amount of off-street parking provided: _________________ _ 14. Associated projects: _______________________ _ P-1(0) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _N_/A _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ Car dealership located in commercial zone with total building square footage of 13,549 17. If industrial, indicate type, estimated ·employment per shift, and loading facilities: _N_/ A ___ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ N/A P-1(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additionaJ sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. 0 D 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 infonnation 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 knz· beOef. Date: Otlo 1-I l ( Signature: ~ For: $t'l W ,.,. [i1t "'-,· /\J L l l- P-1(0) Page 4 of4 Revised 07/10 • 31, This project is in relation with the dealership remodel, building permit number: The new Volkswagen dealership has completed the building remodel and is required to have a pylon sign installed on site per Volkswagen brand standards. We are requesting to install a new sign foundation at the entrance to the dealership so that we can install the VW pylon sign onto the new base. Ccicyof Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: ______ square feet x $ ____ /sq. ft. = $ ________ _ ⇒ Residential Addition Square Footage: ______ square feet x $ ____ /sq. ft. = $ _________ _ ⇒ Any Garage Square Footage: ______ squarefeetx$ ____ /sq.ft. =$ _________ _ ⇒ Residential Conversion Square Footage: ______ squarefeetx$ ____ /sq.ft. =$ _________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE: $ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) Ix] 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 5515 Car Country Dr. P-6 Page 1 of7 Revised 08/19 D. Assessor's Parcel Number of proposed development 2110801000 E. Development Description: Briefly describe project: New foundation for a pylon sign to be installed by the dealership entrance. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Car Dealership South: Car Dealership East: ____________________________ _ West: Car Dealership G. Is project located within a 100-year flood plain? OYes D No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? Ix] Yes D No If yes, please describe. Car Dealership B. Will any existing structure be removed/demolished? D Yes Ix] No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage sq. ft. sq. ft. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq. ft. sq. ft. sq. ft. Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. P-6 Page 2 of 7 Revised 08/19 % % % % ♦ P-6 ,,,._ B. Parking: Number of existing spaces 106 Number of new spaces proposed __ N_/_A ___ _ Existing/Proposed TOT AL: 106 -------- Number of total spaces required ______ _ Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading proposed? [Kl Yes D No If yes, please complete the following: -------- D Yes# __ D No 0Yes#_0No 1. Amount of cut new foundation is 6' x 5' x 2'-6" cu. yds. 2. Amount of fill new foundation will need 2.78 cu.yds. of concrete cu. yds. 3. Maximum height of fill slope 0 -new foundation installed to grade feet 4. Maximum height of cut slope 0 -new foundation installed to grade feet 5. Amount of import or export excavate approx 2. 78 cu.yds. of dirt cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of 7 Revised 08/19 {city of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov tJN§JB(lCridfiSl!ZKt~~~~~·}1~rJ~l~f.-ff~Y? !~,:'~:K~.~f ~ <:.~~:\ : .::fr 1._t;: "t ~:i/~'.. \~:,trt::\ 1';:-f ~;~; ?{ ::-:::-l:t!"! /_;·~-~.::_}?~s-~~.:1~:i{kf:J~tt; :-:~~-:t. ;!~~:~) :~:~i:~1"\N~ff.::,~~--~-t/\;1t~~'~t 1',.,:-'t-,.,!..,~-•!-~J½,,.-, t?t.',. ,f•'..,·l~t.hh•J;.• v,~ i':· "1,.:.J~.\''~ ' H)-';' .. ~ . .:1 .. ,\..,/:.M .\·:,.;\'.~t ~1,1l1.~..:;; '~,..-.;t, -.~ ,,.,,'1f1 rr-:.·'/r~l;,~ .... H.:.;,,1~',~i:.-.' ili;:-!-..L.'\t\~;t,~.~~!n4tt-:~•1.~,t-. ~:.:,~;t.;~tu: \•.(;;~),•~.J 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 multlple development appllcatlons for the same project are submitted concurrently. PROJECT NAME: Bob Baker Volkwagen ADDRESS: 5515 Car Country Dr. APN: 2110801000 The project is (check one): UC New Development D Redevelopment The total proposed disturbed area is: _3_0 __ ft2 ( .... ___ ) acres The total proposed newly created and/or replaced impervious area Is: _3o __ ft2 ( ,._ __ _,) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID ______________ SWQMP#: ______________ _ Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV03/19 :•~; .,.,. •: .,._,'.'''"_;,.;::~,:~'.~'t.".\L':_:,.•· .. ~··. -.',,:.· ..-_~···~:~/--•' ... -~.-~."•\.'·.-st~p,1 ,· · •• ., .:'1:·.·::_.·.·: • I • ~.,' ••••; •'/~.:•~--/.::• •-.:;:•~.~::.•.•, •:• . '·' · · , , · __ _-,, ., . ' TO.~I: 90~_P:L,ETED_l=ORALl,:PRQJECT.S , .. . . . .. _ o:-· ;_:\\;:·: 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 D gg 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, Justificatlon/dlscusslon: (e.g. the project includes only Interior remodels within an existing building): If vou answered "no• to the above crnestlon the orolect Is a 'develoDment 1>r0Ject' ao to Step 2. :r:,:i(:\t _:;i ·>I:;~;)~iif t;,!.\}·f-#~}1il~:iSM~i~1~k-:~,b.1~lit~~~tti~~-i,t'.ti&i~ir$). _ _-:\ I:· :: :_ •• ,,_: :.·;:~--:\:{(/.{?]:;t(::: 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 followlng criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR O 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 auldance? 2. Relrofittlng or redeveloping existing paved alleys, streets, or roads that are designed and constructed In D accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? 0 Kl 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 vour pro)ect is not exempt from PDP, go to Step 3. E-34 Page 2of 4 REV03/19 To determine if your project is a PDP, please answer the followlng questions (MS4 Permit Provision E.3.b.(1}): 1. Is your project a new development that creates 10,000 square feet or more or Impervious surfaces collectively over the entire project site? This includes commercial, Industrial, residential, mixed-use, and oublic development oroiects on oub/lc or orivate 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 davelooment oroiects on TJUblic or Drivate land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of Impervious surface collecttvely 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 Classlficatlon (SIC) oode 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 hlllslde development orolect includes develooment on anv natural slope that Is twenty-five oercent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of Impervious surface collectively over the entire project site and supports a parking lot? A parking lot Is a land area or faclllty 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 lmpervbus surfsce used for the transoortation of automobiles trucks motorcvcles and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of Impervious surface collectively over the enUre site, and discharges directly to an Environmentally Sensitive Area (ESA)? HD/scharglng Directly to" Includes flaw 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 ,:,roJact to the ESA (i.e. not commingled with flows from ad/scant 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 faclllty that Is categorized In any one of the following Standard Industrial Classification (SIC) codes: 5013 5014 5541 7532-7534 or 7538-7539, 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 retall gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 6,000 square feet or more or (b) a project Average Daily Trafflc (ADn of 100 or more vehicles 1Jer dsv. YES NO D □ !ID D D Iii □ !XI D D 00 □ □ 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land D n:ii and are expected to generate pollutants post construction? La 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) □ IBl If you answered "yes" to one or more of the above quesUons, 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 staUna "My orolact Is a 'STANDARD PROJECT' ... " and complete aoollcant Information. Page 3of4 REV03/19 \ ·' .'..': ·;:··· ':'°.-·~•>~~\:\: · .. :· · .... :"'·\•:·t'.-/:''·' .··: ·:;--: ., ':.<.STEP4 . '·, ·, /· •. < · .' ., ..... _\ ·. · . · .'· _: '. '.!')'?.'?:':. '::< ;··': TQ ~E C9M.P.LET.E~.F9R ~~PEVE1,.9P.,M_ENT eRQjl;C'i'.s Tt-J.A'r ARE PRIQJUfY QEVi:1-0PMENtP..RQJj:C_T$ (PQ!'} . . ·.'•·-,:::•.·:.· ... ·. ·, .· -.... ,_. .. ,·.•.":'·:•, .... :·:''ONLY . ' . . .. ·. . .... ·, ,• . ·. Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): 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: YES NO Existing Impervious area (A}= __________ sq. ft. □ □ Total proposed newly created or replaced Impervious area (8) = __________ sq, ft. Percent Impervious area created or replaced (B/A)'100 = ____ % If you answered "yes·, the structural BMPs required for PDP apply only to the creation or replacement of Impervious surface and not the entire development. Go to step 5, check the first box stating "My project Is a PDP ... • and complete applicant information. If you answered "no,• the structural BM P's required for POP apply to the entire development. Go to step 5, check the check the first box statl "M ro ect ls a PDP .. ." and com late a !leant information. ·.·.::.:::)•?,::./{;~}}i.\2;::~tid~-:f~i·~~iG~liAi~·~d~:JJ~oLi>(er~·);;i,~1;~;.;N:F~A,-,·ATici~::.'.'::•;.\f:.'.~;::•:}\.;·,:_j;:'.i:,'.·: 0 My project Is a PDP end must comply with PDP stormwater requirements of the BMP Manual, I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submlttal at time of appllcatlon. ~ My project Is a 'STANDARD PROJECT' OR EXEMPT from POP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I wlll submit a "Standarcl Project Requirement Check/1st 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 detalled Impervious area calculatlons and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 0 My Project Is NOT a 1development project' and Is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box • Envlronmenlally Sensitive Areas Include but ere not llinlted to all Clean Water Act Section 303{d) unpaired waler bodles; areas designated aa Aran of Speclal Blologleal Slgnlffeance by the Stale Waler Reaourcea Co~rol Board {Water Quality Control Plan for the San Diego Basin (1994) and 1mendn'Mlnll); water bodies dea(gnal9d with Iha RARE beneficial uee by the State Water RBIOUrcu Conlrol Board {Water Qually Control Plan for the San Diego Baelo (1994) and amendments); areas designated as preserves or their eqlhalent under Iha MulU Species Con1111VaUon Program within the Cltlea and County of San Of ego; Habitat Management Plan; and any other equivalent environmentally senattlve areas which have been Identified by Iha City. This Box for Cltv Use OniY YES NO City Concurrence: □ D By; Date: Project ID: E-34 Page 4of4 REV03/19 C cityof Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information Project Name: Bob Baker Volkswagen Project ID: CDP 2021-0039 DWG No. or Building Permit No.: Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following . • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 ~Yes □ No □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □ Yes □ No ~ NIA Discussion/justification if SC-2 not implemented : No storm drain is proposed SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind ~ Yes □ No □ NIA Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 n Source Control Requirement (continued) Applied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall , Run-On, Runoff, and lil Yes □ No □ N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal lil Yes □ No □ N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for quidance). □ On-site storm drain inlets □Yes □ No lil N/A □ Interior floor drains and elevator shaft sump pumps □ Yes □ No lil N/A □ Interior parking garages □ Yes □ No lil N/A □ Need for future indoor & structural pest control □ Yes □ No ~ N/A □ Landscape/Outdoor Pesticide Use □ Yes □ No lil N/A □ Pools , spas, ponds, decorative fountains, and other water features □Yes □ No lil N/A □ Food service □ Yes □ No ~ N/A □ Refuse areas □ Yes □ No ~ N/A □ Industrial processes □Yes □ No lil N/A □ Outdoor storage of equipment or materials □ Yes □ No lil N/A □ Vehicle and Equipment Cleaning □ Yes □ No ~ N/A □ Vehicle/Equipment Repair and Maintenance □ Yes □ No lil N/A □ Fuel Dispensing Areas □ Yes □ No lil N/A □ Loading Docks □ Yes □ No lil N/A □ Fire Sprinkler Test Water □ Yes □ No lil N/A □ Miscellaneous Drain or Wash Water □ Yes □ No [i] N/A □ Plazas, sidewalks, and parkinq lots □ Yes □ No ~ NIA For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 . Q Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following . • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/o r Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion/ justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainage Pathways and Hydrologic Features I □Yes I □ No I ~ N/A Discussion/justification if SD-1 not implemented: Site has been previously graded, no natural drainage pathways exist. SD-2 Conserve Natural Areas, Soil s, and Vegetation I □ Yes I ~ No I □ N/A Discussion/justification if SD-2 not implemented: The BMP is not feasible for this project because we will need to dig a new foundation in the ground measuring 2'-6" deep by 5' wide by 6' long. New foundation to be located to the right of the site entrance in the landscaped area. There is minimal vegetation in this area and no trees. 30 sq ft of ground area to be disturbed, the remainder of site will be left untouched. SD-3 Minimize Impervious Area I ~Yes I □ No I □ N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I ~ Yes I D No ID NIA Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I ~ Yes I □ No I □ N/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 . Site Design Requirement (continued) I Applied? SD-6 Runoff Collection I □ Yes I □ No I ~ N/A Discussion/justification if SD-6 not implemented: Not feasible for this project. Project proposes new pylon sign, no landscape, hardscape or storm drain proposed SD-7 Landscaping with Native or Drought Tolerant Species I □ Yes I □ No I~ N/A Discussion/justification if SD-7 not implemented: Site has been previously landscaped. No new landscaping is proposed. SD-8 Harvestinq and Usinq Precipitation I □ Yes I □ No I~ N/A Discussion/justification if SD-8 not implemented: Not feasible for this project. Project proposes new pylon sign , no landscape, hardscape or storm drain proposed E-36 Page 4 of 4 Revised 09/16 • Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: Issuing Policies of Fidelity National Title Insurance Company Title Officer: Thomas Szopinski (MA) Escrow Officer: Major Accounts OAC Order No.: 997 -30066305-TS4 TO: Fidelity National Title Company 4370 La Jolla Village Drive, Suite 860 San Diego, CA 92122 ATTN: Debby Boyd YOUR REFERENCE: PROPERTY ADDRESS: 5515 Car Country Drive, Carlsbad, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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 policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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 al/ liens, defects and encumbrances affecting title to the land. Countersigned by: °-===== Authorized Signature CL TA Preliminary Report Form -Modified (11/17/06) JUL 21 2021 Cl I J r; J. -:i8,d) ) I /I ~ ! ~. I Page 1 • Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: PRELIMINARY REPORT EFFECTIVE DATE: April 23, 2021 at 7:30 a.m. ORDER NO.: 997-30066305-TS4 The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owners Policy (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: BAKER PARKING LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified (11/17/06) Page2 PRELIMINARY REPORT Your Reference: EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company Order No.: 997-30066305-TS4 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 10 OF CARLSBAD TRACT 87-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1988-. - APN: 211-080-10-00 CLTA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT Your Reference: EXCEPTIONS Fidelity National Title Company Order No.: 997-30066305-TS4 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. 8. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Matters contained in that certain document Entitled: Agreement Between Develop-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee Dated: Executed by: Recording Date: Recording No: April 06, 1988 Carltas Development Company and the City of Carlsbad April 14, 1988 as Instrument No. 1988-171939 Official Records Reference is hereby made to said document for full particulars. 3. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Car Country Drive, excepting access openings Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Map No. 12242 general utility that portion of said land shown on the map of said tract 5. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recording Date: December 02, 1988 Recording No: as Instrument No. 1988-619692 Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. CLTA Preliminary Report Form -Modified (11/17/06) Page 4 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30066305-TS4 Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith or for value. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: The Association of Car Country Expansion Owners, a California non-profit mutual benefit corporation Purpose: slope maintenance Recording Date: February 02, 1989 Recording No: as Instrument No. 1989-058177 Official Records Affects: A portion of said land as more particularly described in said document. 7. The effect, if any, of an instrument which recites: The purpose of this letter is to confirm that I, Ken Ellegard, do hereby agree that all buildings on Lot 10 of CT 87-3 will have reciprocal access to and use of all existing driveways at the above referenced Lot. Recording Date: March 13, 1989 Recording No: as Instrument No. 1989-126939 Official Records 8. An instrument entitled Hold Harmless Agreement Drainage Executed by: In favor of: Recording Date: Recording No: Ken Ellegard City of Carlsbad April 12, 1989 as Instrument No. 1989-191086 Official Records Reference is hereby made to said document for full particulars. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: San Diego Gas and Electric Company, a corporation Public utilities June 20, 1989 as Instrument No. 1989-324083 Official Records The exact location and extent of said easement is not disclosed of record. 10. Matters contained in that certain document Entitled: Dated: Indemnity Agreement June 28, 1989 Executed by: The Association of Car Country Expansion Owners, a California non-profit mutual benefit corporation Recording Date: October 12, 1989 Recording No: as Instrument No. 1989-553280 Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT Your Reference: Fidelity National Title Company Order No.: 997-30066305-TS4 EXCEPTIONS (Continued) 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District collecting, storing, transporting, pumping and treating all water October 27, 1989 as Instrument No. 1989-585544 Official Records A portion of said land as more particularly described in said document. 12. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property July 23, 2009 as Instrument No. 2009-0410126 Official Records Reference is hereby made to said document for full particulars. 13. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: Affects: $18,554,260.00 June 20, 2018 Baker Parking, LLC, a California limited liability company PRLAP, Inc. Bank of America, N.A., a national banking association June 26, 2018 as Instrument No. 2018-0258094 Official Records The herein described Land and other land. 14. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination Agreement -Lease Baker Parking, LLC, a California limited liability company Bob Baker Automotive, Inc., a California corporation June 26, 2018 as Instrument No. 2018-0258095 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement recorded June 26, 2018 as Instrument No. 2018-0258095 Official Records which states that said lease has been made subordinate to the document Entitled: Recording Date: Recording No: Deed of Trust June 26, 2018 as Instrument No. 2018-0258094 Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page6 PRELIMINARY REPORT Your Reference: ,-.. EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30066305-TS4 15. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 16. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 17. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page? PRELIMINARY REPORT Your Reference: ..... REQUIREMENTS SECTION Fidelity National Title Company Order No.: 997-30066305-TS4 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Baker Parking LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 2. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. 3. Furnish for review a full and complete copy of any unrecorded agreement, contract, license and/or lease together with all supplements, assignments and amendments thereto, prior to the close of this transaction. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 4. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. Cl TA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT Your Reference: REQUIREMENTS (Continued) END OF REQUIREMENTS Cl TA Preliminary Report Form -Modified (11/17/06) Fidelity National Tille Company Order No.: 997-30066305-TS4 Page 9 ,-.. ... INFORMATIONAL NOTES SECTION 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 211-080-10-00 2020-2021 $58,215.32 $58,215.32 $0.00 09000 2. None of the items shown in this report will cause the Company to decline to attach CL TA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 5515 Car Country Drive, located within the city of Carlsbad, California, 92008, to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 7. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. ENO OF INFORMATIONAL NOTES Thomas Szopinski (MA)/aag CLTA Preliminary Report Form -Modified (11/17/06) Page 1 ::JMflRE SAFE. I Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: http://www.fbi.gov Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (OSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved ,,,,,_ • Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in sad area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (OSI Rev. 03/12/20) Last Saved: May 4, 2021 by AAG Escrow No.: 30066305-997-MAT-TS4 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (DSI Rev. 01/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 30066305-997-MAT-TS4 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (OSI Rev. 01/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 30066305-997-MAT-TS4 Your Consent To This Privacy Notice: Notice Changes: Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information: Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 934-3354 or by mail to: FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (OSI Rev. 01/29/21) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 30066305-997-MAT-TS4 ATTACHMENT ONE {Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. - 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 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 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 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 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: 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: Attachment One -CA (Rev. 05-06-16) Page2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {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. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: {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.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ALTA 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, 19,20,21,22,23,24,27or28);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. Attachment One -CA (Rev. 05-06-16) Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. .. t~ 10 0 .!. ;:. O> 0 EB s ,,, I ai CB V. .... !! I:!~ I i; ... ~ I I Ii& s !! z I; I ., ;! ~ ~i :;-1~ ., r.!, ;! ll • ..... ; I This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets. natural boundaries and other land, and is not a swvcy of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters sbmw thereon. Order: 30066305 Doc: 50:A 211-8 Page 1 of 1 Requested By: steve.derilo, Printed: 4/29/2021 5:06 PM '• Escrow No.: Property Address: OWNER'S DECLARATION 30066305-997-MA T-TS4 5515 Car Country Drive Carlsbad, CA 92008 \ .. -.... if The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 5515 Car Country Drive, Carlsbad, CA 92008, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the _____________ of _______________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 5515 Car Country Drive, Carlsbad, CA 92008, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________ upon the Land in the approximate total sum of $ _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________ . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as _________ , __________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. Owner's Declaration MISC0220 (DSI Rev. 10/17/17) Printed: 6/27/2017 2:26 PM by AAG Page 3 Escrc .. , This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at ______________ _ Signature: Owner's Declaration MISC0220 (OSI Rev. 10/17/17) Printed: 6/27/2017 2:26 PM by AAG Page4 Escrc