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HomeMy WebLinkAboutCUP 2023-0014; BEACONS, INC.; Conditional Use Permit (CUP)'/' l_ City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www .carlsbadca.gov §) SUBMITTAL INFORMATION-ALL APPLICATIONS NAME OF PROJECT: 8eaca111s, .Lne-. !l1 DIJe, --to larger spact:t,, :,arrul wcue BRIEF SUMMARY OF PROJECT. To enable Beacons,_ Inc to move from its current location wit.ha MCU_P_ to a new 1.oc~tion a~o~nd the corner. Beacons will use the new larger space as an educational facility to provide Job training and APPLICATIONS APPLIED FOR: educational support to adults with intellectual disabilities. No physical/structural changes will be ma, and use of that space is the same as the current space and MCUP . ..--------------- _HECK ALL. APPLICABLE BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit 0 Major O Minor JJ Conditional Use Permit D Major ~ Minor O Amend/Ext. 0 Day Care (Large) ONew 0 Amend/Ext. 0 Environmental Impact Assessment 0 Habitat Management Permit D Major O Minor 0 Hillside Development Permit D Major D Minor O Amend/Ext. D Nonconforming Construction Permit D Planned Development Permit 0 Residential O Non-Residential D Major O Minor O Amend D Precise Development Plan D Site Development Plan D Major O Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance 0 Major O Minor r .. 0P2m3-""' 1 - NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE MADE BY APPOINTMENT OR THROUGH THE CSS ONLINE PORTAL. D General Plan Amendment 0 Map D Text D Local Coastal Program Amendment 0 Map O Text Master Plan 0 New Plan D Specific Plan 0 New Plan D Zoning Change OMap Misc. Permits OAmend OAmend OText D Planning Determination 0 City Planner D PC Appeal D Historic Preservation 0 Register D Mills Act (FOR DEPT. USE ONLY) D Reasonable Accommodation FOR CITY USE ONLY: DEV CASE NO.: \IVZuµ-OlolREC. BY:7 UJ lw~ 6 DATE ST AMP APPLICATION RECEIVED Ju l 0 r-: r;rrt_] l. l.i I _J - n,..,,,,.. ... .., A"71'"'1"> C cicyof Carlsbad AUTHORIATION, CONSENT, AND l ' Development Services Planning Division DISCLOSURE STATEMENT P-1 (A) JUL 2 7 ~J23 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov [Ifil APPLICATION AND ACKNOWLEDGEMENT INFORMATION This submittal form {Part A through Part F) must be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. PART A. Owner Authorization and Consent NOTE: This Consent and Disclosure Form must list the name of the principal owners (10% or greater) and attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable. Provide name(s) of the person(s) authorized to sign on behalf of the organization. (A separate page may be attached if necessary.) IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE IND/CA TE NOT-APPLICABLE {N/A) IN THE SPACE BELOW. This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the property known as: Assessor's Map Book, Page and Parcel (APN/APNs): ;J. J3-050-;;i L{ _________________________________ ;and Street Address (if applicable): d'illf5 Ca Wt I '1 0 v~ g..o111e s: ur~ IW--f D;;)-. C.evvr~ w Ur .q :J.-otr that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information is true and correct. Name: Lalllce B\r,,Jta-= rzg (,() -@,E, LP~ Signature: QJ;f ~ tJv~4 Name: --------------------------- Signature: __ ...,,/'------------------------ Name: --,<-------------------------- Signature: _________________________ _ (For additional names, please use a separate sheet of paper) Page 1 of 6 P-1 (A) Form Rev 6/2023 -._) IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not match the person signing as Property Owner, provide paperwork documenting the person signing is authorized to sign as a Property Owner. Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent property for any reason, the Land Use Review Application shall include the written consent or legal easements or other property rights of the adjacent property owner or their authorized representative, and shall include such consent with the application package. The application will not be deemed complete unless and until all necessary consent documents are so filed. The consent shall be in a form acceptable to the City Planner. If the proposed improvements on the adjacent property change the nature of the property's development rights (or implied bundle of rights), the city might require recordation of a Covenant and Agreement for Offsite Improvements and Release of Liability as a condition of project approval. Does the project's limits of disturbance encroach on property not owned by the Property Owner? □ Yes □ No If yes, attach adjacent owner authorization. PART B. Owner Declarations (to be signed by Property Owner) I/We hereby certify under penalty of perjury that I have read the information below and that: 1. I/We understand that it is the responsibility of the Applicant to substantiate the request through the requirements of the application. 2. I/We understand that if there is a zoning violation on the property, application review may be delayed. Any unpermitted structures or uses must either be removed or legalized at part of this application. 3. I/We understand that if this application is approved, I/we may be required to record a covenant with the County Recorder's Office, the form and content that is satisfactory to the City and its City Attorney, to notify future owners of the project approval and restrictions. 4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify that I/we will comply with all conditions attached to the approval action. I/We understand that the failure to comply with any conditions shall constitute grounds for the revocation or modification of the approval, permit, or other authorizations provided. 5. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if any) will be completed or secured in the manner as stated or required. Property Owner Signature(s): 0-Jq~ ~cl{\()! Name(s),Lar1u~ Bi~ Date, {JQQ A±fu~ i g CD-~--E. L,, pl Page 2 of 6 P-1 (A) Form Rev 6/2023 PART C. Project Team Information (complete all applicable fields) Applicant: □ Same as Owner ~fferent from Owner Name (if different from Owner): :J:z1;1 et Sch eVL@£ Company or Firm: B_ Pa COY13 ►1'Y1L · Contact Address: ----'oc:VJ~lr--50""-=-' --f~~a,-..4-.r....L.JCD~l=i>-~__,_(---"-"~5~u:.....:..'d.J...L......J..-1E=_,_. ------- City: Ceovft; Ygd State: Cft Zip Code: tfJ-01 I Agent or Representative: □ Same as Applicant □ Different from Applicant ON/A Name (if different from Applicant): ___ .....,£..V\!1_+,--'fl1r------------------- Company or Firm: _____________________________ _ Contact Address: ------------------------------ City: ___________ State: ___________ Zip Code: _____ _ Other (specify Architect, Engineer, CEQA Consultant, etc.): ______________ _ Name: -------------1,'--'---,f-U--1,-------------------- Company or Firm: _____________________________ _ Contact Address: ------------------------------ City: ___________ State: ___________ Zip Code: _____ _ NOTE: A letter of Authorization {LOA) from the Property Owner empowering a person or persons to act on the behalf of the Property, is required if anyone other than the Property Owner signs the land Use Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA must correspond with the name and signature, above. PART D. Single "Point of Contact" Designation A single "point of contact" is an individual that handles all communications with the city and its review team for the purposes of sending and receiving application materials, information, reports, etc. The point of contact is to be the single individual elected on the land Use Review Application form for all communications and to remain as the primary contact for all status updates relating to the land Use Review Application. Single Point of Contact: □ Applicant □ Property Owner □ Agent □ Other ________ _ Page 3 of 6 P-1 (A) Form Rev 6/2023 PART E. Contribution Disclosure Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months? □ Yes f If yes, indicate person(s): ___________________ _ NOTE: Attach additional sheets if necessary. PART F. Applicant Declarations (to be signed by Applicant) I hereby certify under penalty of perjury that I have read the information below and that: 1. I have carefully reviewed and prepared the application and plans in accordance with the instructions. 2. I understand that the specific information needed to initiate planning case processing corresponds to those items listed in the application form's "Minimum Submittal Intake Requirements Checklist." I also understand that even if the application is duly filed and accepted for intake processing, each application submitted to the Planning Division is required to have specified information included in the application packet before it is determined to be complete. The specific information to determine completeness is in "Completeness Determination Requirements Checklist." 3. The Planning Division has developed policies to help ensure that discretionary permit applications are timely processed. The Permit Streamlining Act shot clock starts on the intake date the Planning staff accepts a duly filed application. 4. I understand that once an application is determined to be complete, project or design changes that will increase the number of units, add uses that were not previously listed, substantially change the site plan, or other changes that trigger the need for additional discretionary approvals will require a new application, or the filing of other application permit types, which would restart the review "clock" and extend processing timelines. 5. I understand that upon city review, additional information, documents, reports, entitlements and fees might be required, including any referral fees. I understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances, regulations, or policies in effect at the time of the application submittal. 6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do not exist between the project's description on the application, the architectural plans and the structural plans. If discrepancies exist between the architectural plans and the structural plans, the architectural plans shall take precedence. Ultimately, the scope of work, as described on the permit that authorizes construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs. Page 4 of 6 P-1 (A) Form Rev 6/2023 7. I understand that all materials submitted in connection with this application might become public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere online, outside of the city's control. 8. I understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision- making body about this application or the determination of any decision-making body. 9. If the project is approved or conditionally approved, the approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans shall not be altered without express authorization by the City Planner. Once a permit has been issued, the Applicant may request permit modifications. "Minor" modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. Modifications beyond the scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body. 10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval. 11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decision, including environmental documents, or to challenge a denial of the application or related decisions. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and damages that the city incurs in enforcing the indemnification provisions set forth herein. The Applicant shall pay to the city upon demand any amount owed to the city pursuant to the indemnification requirements prescribed. Page 5 of 6 P-1(A) Form Rev 6/2023 By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the application I am submitting, including all additional required information, is complete and accurate to the best of my knowledge. I understand that any misstatement or omission of the requested information or of any information subsequently requested might be grounds for rejecting the application, deeming the application incomplete, denying the application, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and Applicant Signature: _;3,jj-/ ~ further relief as deemed bie Cityof Carlsb"#/ Name: ~etc;· hteY=@: ~vfCtMs,Jftoate: 7/;)7/J3 This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page 6 of 6 P-1 (A) Form Rev 6/2023 DocuSign Envelope ID: 30DE2CAD-FDCF-4CB5-8C9D-FB4CBC271589 {city of Carlsbad DISCLOSURE STATEMENT P-1(A} Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 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 I or Committee. : The following information MY§! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as ·Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation. estate, trust, receiver, syndicate. in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.· Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 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 s~parate page may be attached if necessary.) no ri r.Vl)tff-o/m'{77Afi~ Co~ ~ :.r· Person JiJ V] e:t 5do en ff' r Corp/Part .g t-1.q c 015 , ;Lnc. . Title ·; <--e ..Pres 1tAet.At-Title Gee ft 3 0.12xt ¥19t: ~JJrets <'.ti~ <1f'{VV) J>v, 5.-<de L Address ------------- OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of Ab!: 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 corpQration 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 Lance Brady Corp/Part RB Co. RE LP Title Property Manager/Owner Title N·-7..,..x----------- P.O. BOX 710549 Address _________ _ Address P.O. BOX 710549 Santee, CA 92072 Santee, CA 92072 Page 1 of 2 Revised 3/22 DocuSign Envelope ID: 30DE2CAD-FDCF-4CB5-8C9D-FB4CBC271589 r \ .. 3. , NON-PROFIT ORGANIZATION R TRUST ........ If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ~ person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust '?ea /QY1~.J.n, Non Profit/Trust__._L _______ _ Titler Title ':2£'C C1 fbr ,L:td. .uJt cif: k&frJJf &1sv 14fftM2°l}{. fµ~tt E AGdiess (}(-(.]et~ o( V\Qvt pizvt Ca vi~ WtJ1 &A qw1, 5o( Cc\~ c.or P*:6&1/': 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 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. [ .......... ,, SigZ.Fo"'wnerldate 712012023 I Lance Brady Print or type name of owner \ . v ~T; V\ ei 5c Vl@V\ D?V1 U, P Print or type name of applicant ~ J;5Pa [-W:3> ,Ly1c_ 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 Revised 3/22 DocuSign Envelope ID: 30OE2CAD-FDCF-4CB5-8C9O-FB4CBC271589 - ■EActlNS ·NO'l'lhCounty July 19, 2023 Re: MCUP Application Disclosure Statement P-1 (A) Beacons, Inc. 501 (c)3 Nonprofit Public Benefit Corporation Current address: 6150 Yarrow Dr., Suite E, Carlsbad, CA 92011 Officers of the Board of Directors: Lucile Lynch, President Address: 7257 Sitio Lima, Carlsbad, CA 92009 Mary Backer, Vice President, Treasurer Address: 7598 Circulo Sequoia, Carlsbad, CA 92009 Janet Schenker, Vice President Address: 7731 Quitasol St, Carlsbad, CA 92009 Melanie Landers, Corporate Secretary Address: 3536 Calle Gavanzo, Carlsbad, CA 92009 C c ityof Carlsbad PROJECT DESCRIPTI01 P-1 (B) Development Services Planning Division Ju l (' : '?""3 . L /J f _Jt_ § APPLICATION INFORMATION 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov This submittal form {Part A and Part B) is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. Submittal of a detailed project description is important to ensure the timely review of your Land Use Review Application and to reduce repetitive review cycles. The following instructions detail the types of information to include in your written project description. These instructions are not exhaustive. More complex entitlement requests typically require more comprehensive information while less complex requests might require less information. The intent of this form is to provide guidance on what type of information to include in the written project description. Prior to submitting an entitlement application, review the entitlement-specific filing instructions for each application type, as well as instructions for preparing a complete site plan or tentative map, etc. A complete project description should include the following elements: ✓ Project name: Fill in the field with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the Applicant or Property Owner, plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ✓ Applications applied for: List the various application types for which you are applying. Consult with the Planning Division to determine required application types needed to process your specific project. ✓ Assessor parcel no(s).: Include all assessor parcel numbers included that are w ithin the project boundary. Planning staff can assist you in determining the appropriate assessor parcel number(s). ✓ Describe the complete project scope: Provide a narrative description of the proposed project including, but not limited to: project area by square footage or acreage, proposed land use(s), number of developable lots or units proposed, number of common area or open space lots, open space acreage, site access and proposed roadway and circulation improvements, parking location, design and number of spaces, existing utilities by type and location, proposed utilities by type and location, project grading w ith estimated quantities for cuts and fills, proposed drainage and storm water treatment improvements, project phasing, proposed square footage of amenities buildings such as recreation centers and clubhouses, proposed square footage of commercial or industrial buildings, noise barriers, proposed parks and trails, landscaping improvements and other relevant information. Project descriptions for commercial land uses should also include days and hours of operation, number patrons or customers, number of employees, typical daily traffic, proposed outdoor uses or use areas, food or alcohol sales, descriptions of promotional events including uses with outdoor amplified speech or music. Page 1 of 4 P-1 (B) Form Rev 6/2023 PART A. Project Summary Information NAME OF PROJECT: ___ &_\ __ d_C_D_(\~")_1,__~lf'J_"' __ c__, __ f'v\ __ ~ ___ C_u_~--- APPLICATION PERMIT TYPES REQUESTED: ___ M __ r_l. /\.._S)_({__ ___ C._v __ f> __________ _ ACCEssoR PARCEL NUMBERS: __ '?. __ , s_._o __ 9_(Q __ · _-z..., __ Y _____ ~----- ,8: / VOr('o)_ _ PROPERTY ADDRESS: CONTACT: ~plicant Fully describe 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. Page 2 of 4 P-l(B) Form Rev 6/2023 PART B. Supplemental Information Denote whether the following items are applicable to the project or if any portion of the property located within any of the following? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as necessary). 1. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code§ 51178 for State Responsibility Areas; or any official local maps published pursuant to Government Code§ 51178 for Local Responsibility Areas. 2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). 3. A hazardous waste site that is listed pursuant to Government Code§ 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code§ 25356 of the Health and Safety Code. NOTE: Certification of compliance required on Form P-l{C). 4. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. 5. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. 6. Any historic or cultural resources known to exist on the property. 7. The project requires any approvals under the Subdivision Map Act, such as a parcel map, a tentative map, or a condominium map. NOTE: If "yes," you may need to complete Form P-l{E) and Form P-l{F). 8. The project require a Density Bonus Approval. NOTE: If "yes," you must complete Forms P-l{H). 9. The project site located within the Coastal Zone. NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7. a. If "yes," does any portion of the property contain wetlands, as defined in Title 14 of the California Code of Regulations§ 13577. Yes □ □ □ □ □ □ □ □ □ □ No ~ ffi 4 ~ f Jj ~ Page 3 of4 P-l(B) Form Rev 6/2023 Yes No b. If "yes," does any portion of the property contain environmentally sensitive habitat areas, as defined in Public Resources Code§ 30240. NOTE: If "yes," you may need to complete Form P-17 or Form P-18. c. If "yes," does any portion of the property contain a tsunami run-up zone or mapped inundation area. d. If "yes," does any portion of the property contain any public access to or along the coast. 10. The project impacts a stream or other resource that may be subject to a stream bed alteration agreement pursuant to Chapter 6 (commencing with Fish and Game Code§ 1600. □ □ □ □ 11. Any portion of the property is subject to any recorded public easement, such as D easements for storm drains, water lines, and other public rights of way. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct. This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update the information provided in response to issues raised by during the course of the city's review. Page 4 of 4 P-l(B) Form Rev 6/2023 f,... (.._ City of Carlsbad PROJECT DESCRIPTION P-1(8) Oeve1opment Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov PROJECT NAME: "Beaton~,,LVJC, V½Cuf. ..p APPLICANT NAME: ~et :=:icvi0t1 l:a1i {), ~ (OLAi-rcr:-W"Reacc;y1s. 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: BEACONS, INC. is a 501(c){3)California nonprofit public benefit corporation formed in 2018 to help adults (18 years old and up; no children) with intellectual disabilities live their lives as independently as possible by offering community based training services and small ratio instruction in the areas of employment, community access, post-secondary education, fitness & health, living skills and self-advocacy. We have a current location in Carlsbad (6150 Yarrow Drive, Suite Evia Minor CUP 2019-0004 (DEV2019-0042) but due to growth we are relocating to 2245 Camino Vida Roble, Suites 100-102. We will not be making any changes or modifications to the interior or exterior of the building. Activities are offered in ratios of no more than 10:3 trainee: instructor ratios with an average of 3 groups on the premises at any one time (with staggered start and stop times). An adult student or client receiving our services is called a 'trainee'. One of the main goals of BEACONS, INC. is to work with those with intellectual disabilities to help them secure competitive integrated employment. Current data indicates that over 85% of those with intellectual disabilities are chronically unemployed. We chose to operate in Carlsbad because there are so many small businesses that could provide job training, employment opportunities, related services, and transportation. Please see the attached matrix that outlines our programs and timing (attachment #1 to P-l(B)). Because of the challenges of our trainees, nearly all do not drive to the site and rely on group transport, carpools or drop-off/pick-up services. This greatly reduces onsite parking demand; however, we are assigned 42 spaces which can adequately serve our use onsite. We have received input from city transportation staff Nick Gorman that our project does not require any traffic study or assessment to process the Minor CUP. Please see email communication dated July 18, 2023 @ 4:46 PM (attachment #2 to P-1 (B)). Attached is also a table which outlines the Parking space usage (attachment #3 to P-1 (B)). BEACONS, INC has been recognized for its work by the San Diego County Board of Supervisors, who proclaimed August 30th as Beacons North County Day in recognition of our work. The State of California also approved funding for our vocational training based on our success and innovative approach to helping our trainees develop skills and find employment. We were also one of four entities in San Diego County selected for the Project Inspire Program with the San Diego Workforce Partnership to hire and train individuals with intellectual and/or developmental disabilities. We are projecting to provide services this September 2023 at the new location and appreciate your consideration of this application. www.BeaconsNorthCounty.com P-1(8) Page 1 of 1 Revised 3/22 ■EA- Fall/Spring Pathfinder and Explorer Vocational Workshops Schedule Description of Workshops and Number of Trainees (Clients) and Staff Per Day With Staggered Start and End Times Throughout the Day Name of Workshop Time(s) # trainees per # trainees total on # instructor staff per Weekdays workshop site at same time workshop (staff remain all day} PathFinder* (PF) AM 9am-12 noon 10 each 20 (AM) 6 2 workshops at same time (same PF staff for AM and PM workshops) PathFinder* (PF) PM 1-4pm 10 each 20 (PM) 6 2 workshops at same time 1 Explorer** (Exp) workshop 9:30am -3pm 12 12 4 Individual Clients 1-2hr 9am -Spm 1:1 5 5 intervals (TOSO and SOP) Total# trainees at any one 37 time on site Admin staff on site 2 Total # staff on site at any 17 one time Brief Program Descriptions: * Pathfinder (PF): Vocational Workshops in specific areas of concentration (Customer Service, Creative Design, Office Skills and Entrepreneurial) are offered during the year, lasting 16 weeks each which run in Fall and Spring plus a shorter 4 week session in July for Summer workshops ** Explorer (Exp): A Vocational Workshop covering multiple areas of work (Customer Service, Creative Design, Office Skills, Social Skills and Job Readiness) at a slower pace which has four sessions of 20 weeks each (Fall and Spring) over a two year period Schedule: Workshop schedules may be subject to change depending on enrollment and staffing needs BEAC8NS A-+rntfAwJAidf-~ P -jCB) Janet Schenker <jschenker@beaconsnorthcounty.com> Time Sensitive: Beacons Inc MCUP Information re Transportation Nick Gorman <Nick.Gorman@carlsbadca.gov> Tue, Jul 18, 2023 at 4:46 PM To: Janet Schenker <jschenker@beaconsnorthcounty.com> Cc: Nathan Schmidt <Nathan.Schmidt@carlsbadca.gov> Janet, Per our conversation yesterday, please see table below detailing the estimated trip generation for the site. As you'll note, the project is projected to generate less than 11 O average daily trips and 11 peak hour trips, which will not require a local mobility analysis report. As such, we would like to ask that you send us a letter of some sort that provides a project description and discusses the trip generation briefly. Doesn't need to ir··) too long, just want something for us to have on hand if needed at a later date. Few notes of what to include below: • Discuss the project site and how it operates, classes, etc. • Be sure to mention the assumptions that went into the trip generation such as "assumes up to 37 trainees per day, up to 17 staff per day", "staff come before trainees arrive and staff leave after trainees leave". • Provide/discuss the class schedule. Feel free to give me a call on my cell at 442-359-8684 if you would like to discuss in more detail. I Daily I AM Peak I PM Peak Land Use I Size I Rate I Trips I% Inbound I In I Out I Total I %Inbound I In I Out I Beacons Inc -Proposed Project Trainees 1 I 37 trainees! I 54 I 100% I 16 I 0 I 16 I 100% I 0 I 7 I - Staff1 I 17 staff! -I 34 I 100% I 0 I 0 I 0 I 100% I 0 I 5 I Total Proposed Net Trips 88 16 0 16 0 12 Existing Warehouse 2 I 14,443 stl 5.00 Trips/1,000 sfl 72 I 70% I 6 I 3 I 9 I 40% I 4 I 7 I 16 10 -3 7 -4 5 1. Trip generation calculated using the total number of students and staff on-site in a given day, using the class scheudle and assuming the regional vehicle occupancy rate per SANOAG (1.38 persons per vehicle) 2. Trip generation rate per SANOAG (Not So) Brieft Guide of Vehicular Traffic Generation Rates for the San Diego Region. [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden) Nick Gorman, EIT [Quoted text hidden) [Quoted text hidden] [Quoted text hidden] Total 7 5 12 11 b _) ,A-~ciAwew :#3 p-j_ CB) MCUP Attachment Regarding Parking Space Usage Trainees (Clients) and Staff Per Day Totals and Parking Needs Staggering the Start and End Times Name of Workshop Time(s) # trainees per # trainees total on # instructor staff per workshop site at same time workshop (Staff remain all day) 2 PathFinder (PF) * 9am-12 noon 10 each 20 6 workshops at same time 1-4pm 2xday 1 Explorer (Exp)** workshop 9:30am -3pm 12 12 4 Individual Clients 1-2hr 9am -5pm 5 5 intervals (TOSO and SDP) Total # trainees at any one 37 time on site but without parking needs Admin staff on site 2 Total # staff on site at any 17 one time needing parking Parent drop off/pick up and off/on during 13 P~r~5 potential visitors projected day 0-~ o«. ( ~~Uf needing parking during the day # Allotted parking spaces 42 allotted in our lease vs usage (30 used and 12 remaining daily during the week) Social Club Beacons *** 6-9pm 2 42 allotted (parents drop off and staff Saturdays a (15 used and 27 parking) month remaining during Club event) Brief Program Descriptions: * Pathfinder (PF): Vocational Workshops in specific areas of concentration are offered during the year, lasting 16 weeks each which run in Fall and Spring plus a shorter 4 week session in July for Summer workshops ** Explorer (Exp): A Vocational Workshop covering multiple areas of work at a slower pace which has four sessions of 20 weeks each (Fall and Spring) over a two year period *** Club Beacons: A social "club" held twice a month on Saturdays from 6-9pm. Club offers individuals with ID/DD an opportunity to "hang out" together participating in activities including karaoke, dance, movies, crafts and board games. Parents/Carpools drop off and pick up their adult children and staff/volunteers (approximately 7) park on site during event. DocuSign Envelope ID: C817A60C-B9B8-495B-B40F-AEDAEE3B3AB6 ( City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (442) 339·2610 Jul (' ,; ,..,..,..3 • t.J I :_Jt._. www .ca rlsbadca .gov J '.D Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the li sts compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: fuaCOlt\ "?, Address :4N-h=,,''-l,,,<.-_...,f,""l,-¥-L~'-=----+"-----"'"""-'-~-- PROPERTY OWNER Name: RB Co. RE LP P.O. BOX 710549 Address: _________ _ Santee, CA 92072 Address of Site :---4"""",L.;,j._..1---1,_J,4..,IU..L.u:.L.~~u.£.l.-.,II..L,'-.KLJ.-'-+-~'4-l-<=i....µ-'""'~~:;z;..;...,l.-b.""""'~..-~-q· ;):01 I LocalAgency (CityandCounty): lot?tad QV\ E:V1Viro5~( C-zhjtnl ut:eJ,:51fe Assessor's book, page, and parcel number: Pavcebtt J..(3-050 -:;;):f Specify list(s): __ v\&-'2,..,..--1-Q.,...._\f\,,__fk0"-"-'-'-t ________________ _ ---Regulatory Identification Number: ______________________ _ Date of List: 1{d{ (a02:1 ~ B-eaU¥tS ... T.YlC... For RB Co. RE LP DocuSlgned by: 1 u/-u.>-z,3 7/24/2023 Property 1gnature/Date Lance Brady The Hazardous Waste and Substances Sites List (Cortese List) is used by the State , loca l agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 3/22 C cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) §) ACKNOLWEDGEMENT INFORMATION Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Ju l (' •; 'i"'j3 L. IJ I _Jc.. Time limits on the processing of discretionary projects established by State law do not start until a project application is determined to be complete by the city. The city has thirty calendar days from the date of application submittal to determine whether an application is complete or incomplete. The State law, called the Permit Streamlining Act (California Government Code §§ 65920 et seq.}, applies to "development projects," which include subdivision maps and most discretionary development permit applications. It does not apply to ministerial actions (such as building permits, lot line adjustments, etc.} and does not apply to legislative actions (such as zoning district or map changes}. Permit application intake and project review must not begin unless a "duly filed" application package has been submitted and all required elements are accepted by the Planning Division. For the Planning Division to consider a project application duly filed, the application must be accompanied by all forms, documents and other relevant requirements specified in the Minimum Intake Submittal Requirements Checklist. If Planning staff finds that the checklist submittal requirements have been provided, the application must be considered duly filed and accepted for intake. The application is assigned a case number, the customer informed that application has been accepted for processing as of the date of intake, and the application routed to Planning Division management for assignment. Under the Permit Streamlining Act, within thirty days of submittal of a duly filed development permit application, you will receive a letter stating whether the Land Use Review Application is complete or incomplete. The case planner must deem an application "complete" pursuant to Government Code § 65943 if the applicant provides all the required information in the Completeness Determination Requirement Checklist. If it is determined "incomplete," the case planner will transmit a letter to the applicant and will state what is needed to make this application complete. When the application is determined "complete," the processing period will start upon the date of the completion letter. The California Environmental Quality Act (CEQA} works together with the Permit Streamlining Act by commencing its environmental review after project application is complete. Development project applications that are not exempt from CEQA and are subject to environmental review are also subject to environmental review processing time limits pursuant to CEQA Guidelines. The State guidelines establish time limits for the three main components of environmental review: 1) the Initial Study; 2) Negative Declaration completion; and 3) Environmental Impact Report completion. These processes and time limits are separate from the time limit and processes of Planning Department review of development project permit applications although the projects go through both processes unless they are categorically exempt. After CEQA review, the Permit Streamlining Act controls again through project decision. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call please call (442) 339-2600 or email planning@carlsbadca.gov. Page 1 of 2 P-1 (A) Form Rev 6/2023 ., • A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short that review of the project under CEQA would be difficult. To enable the city to comply with both the Permit Streamlining Act statute and CEQA, the case planner must deem an application for a project not received for filing under the statute or ordinance until such time as progress toward completing the environmental documentation required by CEQA is sufficient to enable the city to finish the CEQA process within the short permit time limit. BY SIGNING BLEOW, I/We understand that this form must be completed as part of the application and documents that I/we have been informed of process requirements and timelines including: 1) time limits on determining application completeness; 2) notifying applicants in writing if their applications are complete; 3) time limits for environmental review; and, 4) disclosure to applicants about these time limits and certain aspects of the application review process. Each city review letter will include a project processing schedule and estimated decision date that incorporates the time limits for processing projects. I/We also understand that if there are any concerns about the progression on the development application (e.g., the notice, review, or decision schedule) the Applicant, Property Owner, or Agent should immediately contact the case planner to discuss project processing, upcoming milestones, and/or timeline concerns. Time periods may be extended by mutual consent, within limits. NAME OF PROJECT: 'i3 t?tf C{Jy\ 6 ;:Qr]C D _. J,... D -$~ @VO~c=/ BRIEF suMMARv oF PRoJEcJ: µ-( ococb QJA 0f· ::P'f2t? /.d0 > 1Je~~dt'.f)l)DC.. LocA11ON: ,2--;)4S: Ct1 l1110 o U~ Ro&le S1 r ts I oo ::i od, . Ca1cfs laaJ cA- coNTAcr, ~nt □ Property Owner □ Agent , This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. NOTE: Not all discretionary projects are subject to the 30-day review period. And there might be circumstances that dictate a different processing timeline pursuant to state Jaw. Page 2 of 2 P-1(A) Form Rev 6/2023 C cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please c~I (442) 339-2610. Applicant Signature: _),_A~ .=6)v B'ea l'.hJS,. :]:-VJ c, Staff Signature: ___________________ _ Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 'U' " -~ "-2') ,., L iJ I ._J J Revised 3/22 C cicyof Carlsbad FINANCIALLY RESPONSIBLE PARTY STATEMENT P-1(),ij -S Development Services Planning Division 1635 Faraday Avenue (442-339-2600 www.carlsbadca.gov ~ APPLICATION INFORMATION This submittal form is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part B is to be completed only when there is a change in assignment and there is a new Financially Responsible Party. fLJI (' "';' ?","t_] v l. I,; f ~v PART A. Assignment It is the policy of the City of Carlsbad to recover the actual cost of processing Land Use Review Applications, including all time spent by city staff to review, refer, and coordinate land development applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of processing the application package. Actual costs may vary substantially due to project location, environmental issues, planning constraints, appeals or code/ordinance compliance. The Property Owner, Applicant, or Agent is required to submit proof of payment for the required intake fee amount for each application permit type. The amount due and to be received by the city must be based on the Master Fee Schedule in effect at the time of payment, regardless of the original estimate or costs paid to process prior projects. The person named as Financially Responsible Party in this document is person or persons responsible for depositing, transferring, or has previously sent funds to process the following application. PROJECT NAME: Bea cans, Tue. tt1 , v1 ~ov Cltlf Uiot11~ -fv ~tW' .~~~ ~ce,,.A,owi,_ o..wveia--~ pace BRIEF PROJECT SUMMARY: wfth ~£:vv,/PA U1U?:P, B..oe:r ~~ ~P.cdt?rniL=fvt:i'Y1r1r; --w, IJIAMl., w'Nf... CVl-ltlll'< e1<-,l~5, PROJECT LOCATION: ,~ 1 t"l I . 5ur{,, 'ct> fG (\01 -r:::i: ot' q,-1-leviw e*i{IY vka/lcjl'°5'-} uwJ>.'tfz,?ql.v)As Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation or partnership named below as the "Financially Responsible Party." With reference to said application and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows: 1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city in an account under the name of the project and/or Financially Responsible Party, and the funds remaining in said account at the completion of work or withdrawal of the application shall be refunded to the Financially Responsible Party at the address below. In the case that the Financially Responsible Party transfers ownership of the subject property and wishes to transfer responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility Form must be completed to authorize transfer of ownership of funds in said account (Section 3 of this document). The Financially Responsible Party may contact the assigned planner to request a new form. Page 1 of 3 P-1 (H) Form Rev 6/2023 2. All costs incurred by the city in processing said application, including overhead, whether within or over the is the Financially Responsible Party's personal obligation and shall not be affected by sale or transfer of the property subject to the application, changes in Financially Responsible Party's business organization, or any other reason. "Costs incurred by the city" as identified in this paragraph may include costs for the services of an outside contractor for third party review, including environmental evaluation. Where the City Planner determines it is necessary to engage the services of an outside contractor to assist with application processing, costs for such services are to be paid by the Financially Responsible Party in the same manner identified above. 3. If the Financially Responsible Party withdraws an application, the City Planner will cease processing of the application within one day and will proceed with the case closure process. The Financially Responsible Party is responsible for all case closure costs. Case closure costs will be minimized to the maximum extent practicable. The Financially Responsible Party is a (check one): ~pplicant □ Property Owner □ Agent □Other:-------------. 2 .:Jctnet-;::;;~ Financially Responsible Party's Legal Name: vea (/))/4$ ,lVJc. V ,z:.e ..P,re:;~ Address: {p/57) ~tll[(hy }r, ~u:cf.-eL City: {M{,s l,aA} State: C1t-Zip Code: e:::f..{)'Drr Phone: 100--4-~-[fct?O Cell Phone: ql{t?J-'J'-t&-t:gftz]h Email: J 5ck,eV\lcerG ~eacor15 Vl'O(tV\ CWIA~-,-CDlA(\ By signing below, I/We have read this form and agree to all terms and limitations provided for application intake and processing. I understand and agree that as the Financially Responsible Party, I/We are responsible for payment of all fees associated with this project including all hourly or other fees which might accrue during the review and/or post-issuance whether the permit issued or whether the application is canceled or denied before the permi is issued. The information about the Financially Responsible Party provided above must be 100% accurate. If there is a refund, the check will be mailed to the name and address stated below. If the information stated on this form is inconsistent with our system, the Financially Responsible Party must clarify and correct before the application can be deemed complete. Also, a Letter of Authorization (LOA) is required if the Financially Responsible Party is a "company", stating that the Agent has the authority to complete and sign this form. Page 2 of 3 P-1(H) Form Rev 6/2023 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (city of Carlsbad ILJ I r, -: ,..,..,..3 ..; l. I.J I :._Jt_ PURPOSE In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's Incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEOA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). • *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that require discretionary review. The specific applicable requirements outlined in the checklist shall be required as conditions of project approval for CAP compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is complementary to the checklist provided in Form B-50, which is specific to building permits and required for building permit applications. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 8 Revised 6/22 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reduclng mitigation measures applied as a condition of project approval In addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existir« designations? Yes No □ If "Yet', proceed to~ of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed desgnation(s) for comparison. GHG emissions must be estimated in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the Oimate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOze/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. WiU the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: so dwelling units • Multi-Family Housing: 70 dweUing units • QHG;. 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC<he/year screening threshold. If "Yet', proceed to~ of the checklist □ □ If ~No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of cansbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase In emissions over the existing designations. The project must Incorporate each of the applicable measures identified in~ to mitigate cumulative GHG emissions Impacts unless the decision maker finds that a measure is Infeasible in accordance with (allfornia Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in~ may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-<leveloped GHG emissions reduction program and~ of the Checklist. P-30 Page 2 of8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/ APN: Applicant Name/Co.: Applicant Address: Contact Phone: Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-,2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ . n -N l A □ Alterations: □ BPV < $60,000 □ BPV ~ $60,000 □ Electrical service panel upgrade D BPV 2: $200,000 BPV 2: $1,000,000 □ New construction P-30 N/A 1Aand4A 4A 1A and 4A 2B Page 3of 8 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Multi-family dwellings only where ~$1,000,000 BPV AND affecting ~75% existing floor area Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist D Alterations: D BPV ~ $200,000 or additions ~ 1,000 square feet D BPV 2: $1,000,000 D 2: 2,000 sq. ft. new roof addition 18,5 18, 28 and 5 28 and 5 Please refer to carlsbad Ordinance No. CS437 for more information when completing this A. D Residential addition or alteration ~ $60,000 building permit valuation. See Ord. cs-437. Year Built Single,farnRy Requirements D Before 1978 Select one: Building alterations of~ 75% existing gross floor area 18 also applies if BPV ~ $200,000 D N/A ________ _ D Exception: Home energy score~ 7 (attach certification) Multi-family Requirements D Duct sealing D Attic insulation D Cool roof D Attic insulation D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 D 1991 and later B. D Nonresidential• new construction or alterations~ $200,000 building permit va or additions ~ 1,000 square feet. See CALGreen Appendix AS, as amended In CS-07. AS.203.111 0 Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 Select one: 0 Attic insulation D Duct Sealing □Cool roof D Water heating package 0 N/A ________ _ 0 N/A D Restaurant service water heating (comply with califomia Energy Code Section 140.5, as amended) O N/A AS.203.1.2.1 Choose one as applicable: D .9S Energy budget D .90 Energy budget 0 N/A AS.211.1.•• D On-site renewable energy 0 N/A AS.211.3 .. D Green power (if offered by local utility provider, ~ minimum renewable sources) 0 N/A AS.212.1 D Elevators and escalators 0 N/A P-30 Page 4 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist AS.213.1 D Steel framing □ N/A • 1ndudes hotels/motels and high-rise residential buildings •• For alterations~ $1,000,000 BPV and affecting> 759' existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. D Resldentlal new construdion. Refer1o Carlsbad Ordinance No. cs-u7 fur requnments, which amends Section 150.l(c) of the CEC fur single-famt'ly residential; and Section 170J(d) of the CEC for multi-family requiremenlS. Note: If project Includes Installation of an electric heat pump water heater pursuant to Ca rlsbacl ordinance cs-447, lncnast system a by .3kWclc If PV offset option Is selected. ,r " Aoor Plan ID (use additional CfA #d.u. Calculated kWdc• ''l \J\ A) sheets if necessary) Total System Size: kWdc = (CfAx572l / 1,000 + (US x #d.u.) 'Formula calculation where CfA = conditional floor area, #du= number of dwelHngs per plan type If proposed system size is less than calculated size, please explain. kWdc D '-.. __,, D □ D B. 0 Nonresidential and hoteVmotel new construction; or major alterations to nonresidentla~ hotel/motels, and multi-family residential ~1,000,000 BPV and affecting 2:75" existing floor area, ot addition that Increases roof area by ~2,000 square feet Please refer to Carlsbad Ordinance cs-437 when completing this section .• Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: 0 If< 10,000s.f. Enter: 5 kWdc Min. System Size: 0 If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) •• ___ kWdc ( i ••Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:••• x .80= Min. system size: ___ kWdc *** Attach calculation documentation using modeling software approved by the California Energy Commission. • New CEC standards also require battery storage systems meeting the requirements if Reference Joint Appendix JA12 of the CEC. P-30 Page 5of8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist Please refer to Cartsbad Ordinance CS-437 when completing this section. □ For systems serving Individual dwelling units and achieving 60% of energy needed from choose one: D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) □ Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. □ Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. □ Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. □ Gas or propane system with a solar water heating system and recirculation system D Exception: D For systems serving multiple dwelllng units and achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: D Recirculation system D Solar water heating system that is either: D .20 solar savings fraction D .15 solar savings fraction, plus drain water heat recovery D Exception: 8. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (a ·~-=-~ D Solar-thermal D Photovoltaics D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction D Exception: P-30 Page 6 of 8 D Recovered energy Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential -New construction and major alterations• Please refer to carlsbad Ordinance CS-437 when com letln this section. D One and two-family residential dwelling alterations with no electrical panel upgrade ( ed) D ADU (no EV space required when no additional parking facilities are added) D One and two-family residential dwelling or townhouse with attached garage: D One EVSE read D Exce tion : □ Multi-family residential: D Exception : Total Parkirli Spaces EVSESpaces Proposed for New Capable Ready lnstaUed Construction (l°"of .. (25" of orooosed) (S" of DrODOSed) Total Proposed or Altered Capable - Spaces (Major (1°" of proposed) Alterations)•• calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces-EVSE lnstaUed (EVSE other may be •capablet •Ready" or •installed.") - Total Total •Major alterations are: (1) for one and two-family dweHlngs and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (lhree units or more without attached garages), alterations have a buiding permit valuation ct $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. ••when new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parki11 spaces or altered shal be EV capable. This is NOT a CAP checkist requirement, bu · · eluded to coordinate CEC compliance early in the planning process B. 0 Nonresidential new construction (idudes hotels/motels) □ Exception : Total Parking Spaces Proposed Ca able Calculation: Refer to the table below: Total Number of Parkim! Soaces provided D 0-9 D 10-25 D 26-50 □ 51-75 D 76-100 D 101-150 D 151-200 D 201 and over P-30 EVSE S aces Read Installed Total Number of required EV Spaces (capable) Number of reauired EVSE Installed Soaces 1 1 4 1 8 2 13 3 17 5 25 6 35 9 20 percent of total 25 percent of EV Capable Page 7 of8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. Ust each proposed nonresidential use and gross floor area (GFA) alocated to each use. B. Employee AOT /1,000 square feet is selected from the City of Carlsbad Employee AOTTable. Use GFA Employee AOT/1,000S.F. Total Employee AOT If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required. •NOTE: Notwithstanding the 110 employee AOT threshold above, General Plan Mobility Element PoUcy 3-P.11 requires new development that adds vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this porKy applies to your project. TOM plan required: Yes O N~ LOE Staff Verification: □ _____ (staff initials) P-30 Page 8 of 8 Revised 06/22 A-#ro~uroKI -iv -P-3 O I Daily I AM Peak I PM Peak Land Use I Size I Rate I Trips I %Inbound I In I Out I Total I% Inbound I In I Out I Total Beacons Inc -Proposed Project Trainees1 I 37 trainees! -I S4 I 100% I 16 I 0 I 16 I 100% I 0 I 7 I 7 Staff1 I 17 staff! . I 34 I 100",(, I 0 I 0 I 0 I 100% I 0 I 5 I 5 Total Proposed Net Trips 88 16 0 16 0 12 12 Existing Warehouse2 I 14,443sfl 5.00 Trips/1,000 sfl 72 I 70% I 6 l 3 I 9 I 40% I 4 I 7 I 11 16 10 -3 7 -4 5 1 1. Trip generation calculated using the total number of student~ and staff on-site in a siven day, using the dus scheudle and assuming the regional vehicle occupancy rate per SANDAG (1.38 persons per vehicle) 2. Trip generation rate per SANDAG (Not So) Brieft Guide of Vehicular Traffic Generation Rates For the San Dlego Region. fvuVV\ ~ WA''~ 6-orV'At::t"" ~ll~ ~tVlee,,v f"rti~f~ p~T, ab, pf G:wf~~ ~ ; Bec?J:to vi5 ,..I-vic.- VV\CCA f 77-c> l/5 {c,r wi r VI v V'i d t?i ~ 01 'e >U'ii'-75 {V O -/Ocf (1 a;v/~0A)1 C/t q;)-O/f A-+-br uV\ ~ (,D -fo p --3 o ? I t<t{w2-,,3 1U' r, ·: ?r:t."3 ,J L. 41 I -.J -- { Cicyof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 E-34 www .carlsbadca.gov ILJI (\ .., ,.,~ '-' L ,:., i ~J2] I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements, "PRIORITY DEVELOPMENT PROJECT (PDP) requirements or not considered a development project. This questionnaire will also determine if the project is subject to TRASH CAPTURE REQUIREMENTS. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted ti concurren 1v. PROJECT IN-· ·r10N PROJECT NAME: Beacons Minor CUP APN: ADDRESS: 2245 Camino Vida Roble Suites 100-102 213-050-24 The project is (check one): D New Development ~ Redevelopment ~/~ (No 'OfV) The total proposed disturbed area is: 0 ft2 ( 0 ' ) acres The total proposed newly created and/or replaced impervious area is: 0 ft2 ( 0 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID N/A SWQMP#: N/A Then , go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only E-34 Page 1 of 4 REV04/23 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development projecr, please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building 181 □ 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 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): fr i) / <2l,./-';-S: /ro, ~r1-(.d w ;-{ ~ ;y') ~15-f,~ off ~t:_ p '"2r t'.'. N c 1/Vt~ r? \/ ~<l/\75 + s·~-t-e-> '1 ~rt::~"') \a+ ~r 5 r~d.V\1 • If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark the second box stating "my project is EXEMPT from PDP ... • and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you _answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of4 REV 04/23 STEPS TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ □ collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ □ impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project th~t creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ □ facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on anv natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a □ □ land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ D site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally □ D Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment pcoject that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair ··o □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land D □ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ □ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21 .203.040) If you answered "yes• to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture question. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. E-34 Page 3 of 4 REV 04/23 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, complete the trash capture question. If you answered "no,• the structural BM P's required for PDP apply to the entire development. Go to step 5, complete the trash capture question. STEP& TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077): YES NO Is the Project within any of the following Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ □ Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Transportation Station If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as determined in step 3. If vou answered "no", Go to step 6, check the second or third box as determined in step 3. STEP& CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION 0 My project is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP). 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-3tr and incorporate low impact development strategies throughout my project. If my project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Stonn Water Quality Management Plan (TCSWQMP) per E-35A. D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 18] My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Janet\Schenker 1 .,.. A Applicant Title: Vice-President Applicant Signature: !'. ~1MI~ __,.,--Date: 20 July 2023 ' \.. V E-34 Page4 of4 REV 04/23 ( City of Carlsbad Certificate of Accuracy P-37 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Project Name -g {!Qt I oYk? ,..LnL Yl{, ( VI TJY c,uf Type of permit(s) applying for___.Yk1'-'-"C .... U .... ....._J)+-------- JUL 2 7 ~J23 P-37 r -- CITY OF CARLSBAD -PLANNING DIVISION CERTIFICATE OF ACCURACY ..) I certify all documents and plans clearly and accurately show all existing and all proposed buildings, structures, access roads, and utilities/utility easements. All proposed land use activities, improvements to land, and/or building modifications or additions are clearly labeled on the site plan of the approved plan set. I understand that any potentially existing detail within these plans inconsistent with the site plan are not approved and may be required to be altered or removed. The submitted documents and plans show the correct dimensions of the property, the buildings, and structures and their setbacks from property lines and from one another, access roads/easements, and utilities. The existing and proposed use of land and of each building as stated is true and correct. Further, all improvements existing on the property were completed in accordance with all regulations in existence at the time of their construction, unless otherwise noted. All easements and other encumbranc to development have been accurately shown and labeled as well as all o ite grading/site preparation. Date: J (c1 8Qo3 .J Page 1 of 1 Rev. 2/2022 ·\.. Cty of Carlsbad Community Dev ent Department -Planning Division Project Facility Availability -Wastewater (Form P-99S; Refer to lnfo-BulJetin 18-116 for processing instructions) APPLICANT & PROJECT INFORMATION (COMPLETED BY APPLICANT) DISTRICT CASHlfR'S USE ONLY Org/Account: ~----- Date/Amount: -+------ Approved By: Beacons, Inc. MCUP 2245 Camino Vida Roble, Suites 100-102, Carlsbad, CA 92Q1 1 Project Name Project Address and Assessor Parcel Number(s) A. Project scope (Respond to all four Items) 1. Is a draft site plan attached to this Project Facility Availability Form: Yes D No 2. Project type (select all that apply): / . D Single-family ( __ total units) D Multi-family ( __ total units) )Cl Office ( 14,443 r ~o{al s·~~ar~ foo age) D Commercial ( _____ total square footage) D Industrial ( _____ total square footage) 3. Location of nearest existing public sewer main: On Cam Vida Roble and Las Pal mas Sewer main size: ---inches 4. Proposed connection point(s) to existing sewer main: -"'"---=---'-_,._:....._.c..:-,._ ... -'-•-'--_:... ____ .,-'--'-_-'s.--•...,,....:.c..--...;.;...-------------- 5. Property 1s served by the following wastewater district: Carlsbad Municipal Leucadia Vallecitos B. Declaration By signing below, the a licant acknowledges that the infor'!'ation provided is accurate ond acknowledges that any significant modlf/cot1on of the proposed pro1ect may ult in chang s to he CFD's oft conditions/availability to serve. Janet Schenker for Beacons, Inc. 7/21/2023 Applicant Signature 949-246-8676 Applicant Name Date Jscnenker@beaconsnormcounty.com 6150 Yarrow Dr., Suite E, Carlsbad, CA 9201 1 Phone Number Email Address Mailing Address Once completed and Signed. present lh,s fcm1 ro thfl serv,ng wa1er d1stnct for procesSJng FACILITY AVAILABILITY {COMPLETED BY SERVING WASTEWATER DISTRICT) The information below is based on o cursory review of the information provided on this form (pre-fifing of a formal fond use development application). Changes or modification in use, construction type or site design may impact water requirements. The applicant is encouraged to process an updated form if the project changes. District Name: City of Carlsbad l. JG Proiect 1s entirely within the district Project is not entirely within the district, and a potential boundary issue exists with the following district: ________ _ Proiect 1s not in the district, but within the sphere of influence boundary (owner must apply for annexation) ::J Proiect 1s not 1n the d1stnct and not within the sphe"re of influence boundary 2. :XJ Facilities to service the proposed proJect !X ARE :J ARE NOT reasonably expected to be available within the next five years If not available, reason:------------------------------------- 3. Xi Proiect conditions not required :J Draft district conditions for the project attached. Total number of sheets attached: ___ _ Conditions will be provided after the project has been submitted and deemed complete by the Planning Division U If checked, the Plannin& Division is instruct d to route submitted application/plans to district for further revi w. 4. :J Applicant will be required to prepare a water system analysis: ::J Yes ~ No (Note: Upsizing may be required based on flow, velocity, and pressure requirements) This Project Facility Avoilobility Form is valid until final discretionary action ,s taken pursuant to the application for the proposed project unless a shorter expiration date Is otherwise noted. This document Is not a commitment of service or faclllties of the District. The completed form is to be submitted to the Community Development Deportment (1635 Faraday Avenue) as port of the discretionary permit application. Neil Irani District Staff Signature Digitally signed by Neil Irani ON: C:US, E•neUrani@CarlSb&dca.gov. O•CMWO, OU•CMWD, CN•Netl Irani Date: 2023.07.2617:04:3&-07'00' Utilities Associate Engineer Title PFA Form Wastewater P-99S Jan. 2023 Neil Irani District Staff Name (Printed) neil.irani@carlsbadca.gov Email 7/26/23 Date 442-339-2305 Phone number I ~ •• :'" • ti " I .. l! ' t i u •• 1 1 11 I -.. w .. 1 .~ ~ ~ ~ f \ ~ ~ ~ ~ ~ ~ ~ V\ ~ ~ '\j \ -~~ -::> "' ~ f~ ~ ~ \J ~ ~ ~ ~ \.J ~f ¢~ ~ "' -Q. <.I > t - "' I 0 z i .. " .. " " ' " ., .. .. " . " ' .. " •• ill ti •• \ 11 '" ~. ,, " .. .. :• II .. .. ·t It " 4rb P..c l~ l\d .I t) ~c,) -~~ ~ \J"' ~ -:::r i~ .. ,., .. t 'U1 n .... ,...C,.,ommunity Deve pment Department -Planning Division V l "" ' "JZJ ~ l. Citi· of ~ 1-'toject Facility Availability -Fire Carlsbad (Form P-99F; Refer to Info-Bulletin 18-116 for processing instructions) DISTRICT CASHIER'S USE ONLY Org/Account: Date/Amount: Approved By: A. Project scope (Respond to all seven items} 1. Is a draft site plan attached to this Project Facility Availability Form: p!$es D No 2. 3. 4. 5. 6. 7. Service type (please select one): D Single-family D Myltl•family D Commercial D Office D Industrial )if Mixed-use 'I'\. -fro~ of-f'Vl?()e'(T'>r Existing hydrant(s) location (GPS, address, or cross street): aii) 5 Ci9~ v~1'(! No. of hydrants proposed: . . . '2 ➔ f\,UW · (,,.0 'f NV Y tT ('(l:W av/ Total number of buildings on site: Existing: --✓~---Proposed: _______ { 0 w,, u ;"d ri fl_e:, b l r::: Total size of largest building on the site: Ji 1, 0 IS::: square feet Jus 1 IA.A C.U ~ _ ~ Total height of tallest building on the site: P '-{ feet; Y stories 17 0 C ou -:;1vu. cf-, o"'"' Construction type for proposed structures (choose one): C I-A C 1-B O IIA D IIIA D IV D V-A D ~ ~18 D V-8 {}~ B. Declaration By signing below, the applicant acknowledges that the information provided is accurate and acknowledges that any significant modificotian of the ased project may result in changes to the CFD's draft candltions/ovailability to serve. ,7ourl:>CW';v!XB<s, U, P. Applicant Name . &J50jc'liN~e j)'()-JJ. J45che.ntt-erQ bet:tto~s hOr-t:i1t.'Oun/1p CP® C4 ts t2qd ,.qa.p,, A Phone Number Email Address Mailing Address Once completet:1, present the fom1 to Cartsbat1 Ftre Department (CFO), Attention Fire PreventJon at 1635 Ft1rat1ay Avenue. Cerlsbad, 92008 FACILITY AVAILABILITY (COMPLETED BY CFO) The information below is based on a cursory review of the information provided on this form (pre-filing of a formal land use development application). Changes or modification In use, construction type or site design may impact fire requirements. The applicant 1s encouraged to process an updated form if the project changes. A more detailed revrew will be completed once a formal permit application has been filed with the Community Development Department, which will include reviewing existing and proposed public streets, private streets, and fire lanes for adequate width, turn-a-rounds. parking restrictions, overhead clearances, load capacity, turning radii. etc. to ensure that response times are not unnecessarily delayed. l . Closest serving fire station: ___ F_i_re_S_ta_t_i_o_n_N_o_. _5 ____ _ 2. Proiect 1s located within following Fire Severity Zone: D Very High 0 High D Moderate *Not in a Fire Zone 3. Fuel modification requirements: n/a feet from structures. 4. Proiect design features will need to be incorporated into building or site design: □ Yes □ No *Not applicable 5. □ No conditions required C Draft CFO conditions for the proposed project as described above provided. No. pages attached: D CFO will submit conditions after the project has been submitted and deemed complete by the Planning Division ilC, If ch k d, t Pt "'I 011t1slon 1s 1nstructad to routa ubmltted application/pl n to d strict for furth , rev, w 6. Fire flow requirements: ____ GPM@ 20 PSI for _____ hour(s). *Not applicable -no construction/addition 7. Fire sprinklers will be required: D Yes D No TBD in discretionary/building plan review This Project Facility Availability Form fs valid until ftnal discretionary act,on is taken pursuant to the application for the proposed projttt unless a shorter expiration date is otherwise noted. This docy~nt Is 11ot o commltmtnt ofHro(lce or foe/I/tics ofCFD. The completed form is to be submitted to the Community Development Dtpartment (1635 Faraday Avenue) as part of the discretionary permit opp/fcation. CFO Staff Signature Fire Permit Technician II Title PFA Form Fire_P-99F _Jan . 2023 Gina Ruiz CFO Staff Name (Printed) gina.ruiz@carlsbadca.gov Email 7/25/23 Date 442-339-2731 Phone number \... City of Carlsbad Community De .pment Department -Planning Divisio l Project Facility Availability -Water (Form P-99W; Refer to Info-Bulletin 1B-116 for processing instructions) APPLICANT & PROJECT INFORMATION (COMPLETED BY APPLICANT) DISTRICT CASHIER'S USE ONLY Org/Account: Date/Amount: Approved By: _____ _ Beacons, Inc. MCUP 2245 Camino Vida Roble, Suites 100-102, Carlsbad CA 92011 ProJect Name Project Address and Assessor Parcel Number(s) A. Project scope (Respond to all seven Items) 1. Is a draft site plan attached to this Project Facility Availability Form: Yes D No 2. ProJect type (select all that apply): D Single-family ( ___ total units) □ Multi-family ( ___ total units) 12!1 Office { 14,443 total square footage) D Commercial ( ______ total square footage) □ Industrial { ________ total square footage) 3. Is the project proposing use of reclaimed/recycled water? □ Yes No 4. Property is served by the following water district: Carlsbad Municipal -, Olivenhain Municipal ::J Vallecitos 5. location of nearest existing public water main: On Cam Vida Roble & prop perimeter Water main size: ---inches 6. Proposed connection pomt{s) to ex1st1ng water main,:--------'-'-'----=-----"-""-----"-----=:....-____ ... _-.-_....;......,--'---------- 7. Was a water study prepared for this proJect? □ Yes What was the estimated maximum day demand? _______ _ What was the peak hour demand? _______ _ 8. Was a copy of the completed & signed P-99F form attached? D Yes D No {District will !1.2! process P-99W without a P-99F attached) B. Declaration By signing below, the a plicont acknowledges that the information provided is accurate and acknowledges that any significant modification of rhe proposed project ma r ult in changes to e CFD's draft conditions/availability to serve. Janet Schenker for Beacons Inc 7/21 /2023 Applicant Signature 949-246-8676 Applicant Name Date JSCMnker@beaconsnoMcounty.com 6150 Yarrow Dr., Su ite E, Carlsbad, CA 920 11 Phone Number Email Address . Mailing Address Once completed and SJgned. present this lorm to the seMng water d1s111ct for processing ; FACILITY AVAILABILITY (COMPLETED BY SERVING WATER DISTRICT) The information below is based on a cursory review of the information provided an this form (pre-filing of a formal land use development oppltcat1on). Changes ar modification in use, construction type or site design may 1mpoct water requirements. The apphcant ,s encouraged to process an updated form if the project changes. District Name : Carlsbad Municipal Water District 1 X Project is entirely within the district Project is not entirely within the district, and a potential boundary issue exists with the following district: ________ _ Project 1s not in the district, but within the sphere of influence boundary (owner must apply for annexation} Project 1s not in the district and not within the sphere of influence boundary 2. :X Facilities to service the proposed project '.X ARE ::::: ARE NOT reasonably expected to be available within the next five years If not available, reason:------------------------------------- 3. X: ProJect conditions not required ::::: Draft district conditions for the project attached. Total number of sheets attached: ___ _ ...., Conditions will be provided after the project has been submitted and deemed complete by the Planning Division D If checked, the Pl nnln Division Is Instructed to rout submitted application/plans to district for further review. 4. Applicant will be required to prepare a water system analysis: :J Yes I» No {Note: Upsizing may be required based on flow, velocity, and pressure requirements) This Project Facility Availability Farm is valid until final discretionary action is taken pursuant to the application far the proposed project unless o shorter expiration date is otherwise noted. This document is not a commitment of service or facilities of the District. The completed form is to be submitted ta the Community Development Department (1635 Faraday Avenue) as part of the discretionary permit application. Neil Irani District Staff Signature Digllal'/ .ig,,,.d by Nel It.,. ON,c-ua.E ...... ~g,oy.0-CMWO. ()l..cr.Nt'O,CN•Naollteni 0.:2013.07.2817:01 37~1'00' Utilities Associate Engineer Title PFA Form Water P-99W Jan. 2023 Neil Irani District Staff Name (Printed) neil.irani@carlsbadca.gov Email 7/26/23 Date 442-339-2305 Phone number ,, .. " ' '• " 1111 I t :• :: :• ~• II :: •: ' ,, " II 11 I I .. I " l ~ t ~ .~ ~r ~ ~~ 1 !!1 ~~ I ~ ~ ., " ,, .. .. ~ ......... .-S) ~ g <!) I .~ i i ~, - '" " . ., ,, u " .. " ' .. .. " .. ., " ' .. .: tJ . , ;; " -" u :: " : ,!' ,, ., ' ,;: r. . " .. " I II U !.) ' ~• II I U It 11 Ill~ U It H U • 1• '. I I ~ .. . .. IA~ ~d LW?.s , ~ ~ ~ ,::s: -~~ ~~ ~ \[) ~ ~ I\~ ~2:) :..o C Community lopment Department -Planning Divis c · -' City of Carlsbad Transportation Analysis Need Statement (P-42) DISTRICT CASHIER'S USE ONLY 0rg/ Account: Date/Amount: Approved By: Ca'Wlti;\O le 5u'i-f.t . ~ Project Name Project Address and Assessor Parcel Number(s) ~ Z.'f A. Project Scope, select all that apply □ Single-family, total# of units: □ Multi-family, total# of units: ~ Office, total gross square footage: D Commercial, total gross square footage: ):[ Other, describe: B. Project Thresholds for Transportation Demand Management Plans -Nonresidential Projects ONL V FOR NONRESIDENTIAL ONLY: If project meets Average Daily Employee Trips (ADET) thresholds of 110 ADET, the applicant must include two copies of a Transportation Demand Management (TOM) Plan with the formal application. ,..1-d c)l'()J □ New nonresidential building, number of ADET proposed: _________ .ADET ,e, ~'"fl?! : ~:;;~:\:;:~~eb~~~:~:!~::~~~~ :~=~~~:::~~:;:;E~ed: ================:::: e~/1 1\ ~~ • affected: · 'f1 =· V :, -( h..OI" 0 A nonresidential redevelopment creating a single space/suite _________ ADET ...._ \\ Jv'.~~~ .r/(~O hosting one business, number of ADET affected: \'-' , ! , V ~'J"' \\ Creating of outdoor facilities where employees are expected to ~, x"{' ~ ,If\.~ _ □ work, number of ADET affected: _________ ADET ,., " NOTE: Application will be rejected if an TOM Plan is required and the TOM Plan is missing at intake. Refer to the TOM Handbook for information, guidelines and templates on TDM. C. Impact Analysis -ALL Projects Circulation Impact Analysis (MMLOS) -All applications which propose an increase in the traffic generation rate of 110 Average Daily Trips (ADT) or more than 11 peak hour trips, over existing traffic generation for the site, impact analysis must be provided with a formal application. ~ Is the project consistent with the General Plan or zoning? KYes □ No □ Is the project proposing more than 110 ADT or more than 11 peak hour trips? □ Yes ~o NOTE: If the project includes more than 110 ADT or more than 11 peak hour trips, the applicant shall coordinate and receive approval of a scoping agreement with the City's Transportation Department AND submit two copies of the local mobility analysis {LMA) per the City's Transportation Impact Analysis (TIA) Guidelines. Application will be rejected if an LMA is required and application is missing either the approved scoping agreement or LMA. If LMA identifies trips onto exempt streets per the TIA guidelines, include two copies of a Preliminary TOM Plan with submittal. Refer to the city's most recent Monitoring Report on the Growth Management Plan for additional information. D. Declaration By signing below, the applicant acknowledges that the information provided is accurate and acknowledges that any significant modification of the proposed project may result in changes the required analysis. None of the ADT/MMLOS analysis is not to be considered in lieu of elated Vehicle Miles Traveled (VMT) studies which may be required pursuant to CEQA. Applicant acknowledges that other traffic environmental studies that are necessary to make an environmental determination may be required. 0~ t-~~vtf:pv A.~ TDM PLAN IS NOT REQUIRED: The project does not meet the employee ADT thresholds □ TOM PLAN~ REQUIRED: Applica nt MUST submit two copies of a TDM Plan at intake. B.~ LMA IS NOT REQUIRED: The project does not meet the employee ADT or peak period thresholds. D LMA IS REQUIRED: Applicant MUST submit an approved scoping agreement and two copies of a LMA at intake. Once comp I ed by Land Development Engineering, this form is to be submitted to the Community Development Department (1635 Faraday Avenue) as part o e discretionary permit application. D te -1-l.o BJ'I ouf Phone number BEACONS A+&:rdt~10 p~4~ Time Sensitive: Beacons Inc MCUP Information re Transportation Nick Gorman <Nick.Gorman@carlsbadca.gov> To: Janet Schenker <jschenker@beaconsnorthcounty.com> Cc: Nathan Schmidt <Nathan.Schmidt@carlsbadca.gov> Janet, Janet Schenker <jschenker@beaconsnorthcounty.com> Tue, Jul 18, 2023 at 4:46 PM Per our conversation yesterday, please see table below detailing the estimated trip generation for the site. As you'll note, the project is projected to generate less than 110 average daily trips and 11 peak hour trips, which will not require a local mobility analysis report. As such, we would like to ask that you send us a letter of some sort that provides a project description and discusses the trip generation briefly. Doesn't need to be too long, just want something for us to have on hand if needed at a later date. Few notes of what to include below: • Discuss the project site and how it operates, classes, etc. • Be sure to mention the assumptions that went into the trip generation such as "assumes up to 37 trainees per day, up to 17 staff per day", "staff come before trainees arrive and staff leave after trainees leave". • Provide/discuss the class schedule. Feel free to give me a call on my cell at 442-359-8684 if you would like to discuss in more detail. I Daily I AM Peak I PM Peak Land Use I Size I Rate I Trips I% Inbound I In I Out I Total I %Inbound I In I Out I Beacons Inc -Pr.oposed Project Trainees 1 I 37 trainees! I 54 I 100% I 16 I 0 I 16 I 100% I 0 I 7 I - Staff1 I 17 staffl -I 34 I 100% I 0 I 0 I 0 I 100% I 0 I 5 I Total Proposed Net Trips 88 16 0 16 0 12 Existing Warehouse 2 I 14,443 stl 5.00 Trips/1,000 sfl 72 I 70% I 6 I 3 I 9 I 40% I 4 I 7 I 16 10 -3 7 -4 5 1. Trip generation calculated using the tota1 number of students and staff on-site in a given day, using the class scheudle and assuming the regional vehicle occupancy rate per SANDAG (1.38 persons per vehicle) L Trip generation rate per SANDAG (Not So) Brleft Guide of Vehkular Traffic Generation Rates for the San ·Diego Region. [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] Nick Gorman, EIT [Quoted text hidden] [Quoted text hidden] • fQuoted text hidden] • \ Total 7 5 12 11 1 Frank Green /lstewart Order No. Title Unit No. Your File No. Buyer/Borrower Name Seller Name PRELIMINARY REPORT 23000480631 48 RB COREL P Property Address: 2225 -2265 Camino Vida Roble, Carlsbad, CA 92011 Stewart Title Guaranty Company Commercial Services (San Diego) 7676 Hazard Center Drive, Ste 1400 San Diego, CA 92108 (619) 398-8035 Phone (619) 615-2389 Fax fgreen@stewart.com 1U' 0. ; ')"23 V L J.J E ~J , •\. ~ ' ', '\ rl . ) • 1 • 'I In response to the above referenced application for a Policy of Title Insurance, Stewart Title Guaranty Company Commercial Services (San Diego) hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company 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 referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered . It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) 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. Dated as of June 22, 2023 at 7:30 a.m. Frank Green, Title Officer When replying, please contact: Frank Green, Title Officer File No.: 23000480631 Prelim Report COM Page 1 of 9 IF ANY DECLARATION, GOVERNING DOCUMENT (FOR EXAMPLE, COVENANT, CONDITION OR RESTRICTION) OR DEED IDENTIFIED AND/OR LINKED IN THIS TITLE PRODUCT CONTAINS ANY RESTRICTION BASED ON AGE, RACE COLOR, RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, VETERAN OR MILITARY STATUS, GENETIC INFORMATION, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (p) OF SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE BY SUBMITTING A "RESTRICTIVE COVENANT MODIFICATION" FORM, TOGETHER WITH A COPY OF THE ATTACHED DOCUMENT WITH THE UNLAWFUL PROVISION REDACTED TO THE COUNTY RECORDER'S OFFICE. THE "RESTRICTIVE COVENANT MODIFICATION" FORM CAN BE OBTAINED FROM THE COUNTY RECORDER'S OFFICE AND MAY BE AVAILABLE ON ITS WEBSITE. THE FORM MAY ALSO BE AVAILABLE FROM THE PARTY THAT PROVIDED YOU WITH THIS DOCUMENT. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. File No.: 23000480631 Prelim Report COM Page 2 of9 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: l&l Standard Coverage Owner's Policy □ Extended Coverage Owner's Policy □ CLTA/ALTA Homeowner's Policy □ Standard Coverage Loan Policy l&l Extended Coverage Loan Policy □ Short Form Residential Loan Policy □ SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: R B Co-R.E., L.P., a California Limited Partnership File No.: 23000480631 Prelim Report COM Page 3 of9 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: Parcel "A" of Parcel Map No. 7150, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof on File in the Office of the County Recorder of San Diego County, April 19, 1978. Excepting for a period of 50 years from January 22, 1958 of all oil, gas and mineral rights without however, the right to drill, mine, explore and operate through the surface of the otherwise in such manner so as to interfere with the use or proposed use of the property of the grantee, its successors or assigns, or in any manner as to endanger the safety of any airport or building or structure that may be constructed on said property or proposed to be constructed on said property as contained in Deed from Carlsbad Properties, a co-partnership, to County of San Diego, a Political Subdivision of the State of California, recorded February 17, 1958 as Document No. 24786 in Book 6952, Page 391 of Official Records. APN: 213-050-24-00 APN: 213-050-24-00 (End of Legal Description) THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. File No.: 23000480631 Prelim Report COM Page 4 of9 . SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: 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 2023-2024. B. Taxes and/or assessments affecting the Land, if any, for community facility districts, including Mello Roos, which may exist by virtue of assessment maps or filed notices. These taxes and/or assessments are typically collected with the county taxes; however, sometimes they're removed and assessed and collected separately. C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. Exceptions: 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 at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. 8. Water rights, claims, or title to water in, on, or under the Land, whether or not shown by the Public Records. 9. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine, uranium, clay, rock, sand and grayel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether the ownership or rights arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not File No.: 23000480631 Prelim Report COM Page 5 of9 appearing in the Public Records or listed in Schedule B. Stewart Title Guaranty Company and its issuing agent make no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. 10. Easement and rights incidental thereto for sewer lines and appurtenances to San Marcos County Water District, as set forth in a document recorded March 28, 1969 as Instrument No. 54499, of Official Records. 11. Covenants, conditions and restrictions as set forth in a document recorded October 1, 197 4 as Instrument No. 74-263897, of Official Records. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said covenants, conditions and restrictions have been modified by a document recorded December 31, 1974 as Instrument No. 74-337587, of Official Records. Said covenants, conditions and restrictions have been modified by a document recorded June 1, 1977 as Instrument No. 77-212678, of Official Records. Said covenants, conditions and restrictions have been modified by a document recorded July 27, 1977 as Instrument No. 77-252978, of Official Records. Said covenants, conditions and restrictions have been modified by a document recorded July 27, 1977 as Instrument No. 77-252979, of Official Records. 12. Easement and rights incidental thereto for public utilities, ingress and egress to San Diego Gas and Electric Company, as set forth in a document recorded November 28, 1979 as Instrument No. 79-500795, of Official Records. 13. Easement and rights incidental thereto for pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances, including but not limited to, conduits and cables for power transmission and communication purposes, together with the right of ingress thereto and egress therefrom, together with the right to clear and keep clear said right of way from explosies, buildings and structures to Costa Real Municipal Water District, as set forth in a document recorded December 28, 1979 as Instrument No. 79-541110, of Official Records. 14. Matters contained in an unrecorded lease executed by Equity Growth Investments, as lessor and United States Postal Service, as lessee, as disclosed by Instrument No. 1991-0248584, recorded May 28, 1991 of Official Records. Current owner of leasehold and any other matters affecting the interest of the lessee are not set forth herein. 15. Matters contained in document entitled Notice of Restriction on Real Property recorded June 18, 2014 as Instrument No. 2014-0252466, of Official Records. 16. Matters contained in document entitled Notice of Restriction on Real Property recorded December 16, 2015 as Instrument No. 2015-0641080, of Official Records. 17. Matters contained in document entitled Shared Parking Agreement by and between RB.CO RE., LP and The Fields Church recorded September 13, 2016 as Instrument No. 2016-0480530, of Official Records. 18. Please be advised that the search did not disclose any open deeds of trust. If you have knowledge of any outstanding obligations, please contact your title officer immediately for further review. 19. Any facts, rights, interests or claims which would be disclosed by an inspection of the Land. 20. Water rights, claims, or title to water in, on, or under the Land, whether or not shown by the Public File No.: 23000480631 Prelim Report COM Page 6 of9 Records. (End of Exceptions) File No.: 23000480631 Prelim Report COM Page 7 of9 NOTES AND REQUIREMENTS A. Property taxes for the fiscal year 2022 -2023 shown below are paid. For proration purposes the amounts are: 1st Installment: $33,258.35 2nd Installment: $33,258.35 Parcel No.: 213-050-24-00 Code Area/Tracer No.: 09018 B. There are no transfers or conveyances shown in the Public Records within 24 months of the date of this Preliminary Report. If you have knowledge of any transfers or conveyances, please contact your title officer immediately for further requirements. C. If an Owner's Policy of title insuraflce is requested, a CLTA Standard Coverage Owner's Policy will be issued unless instructed otherwise. If a different form of policy is desired, please contact your Title Officer. D. All Transactions -Seller(s) and Buyer(s) or Borrowers are provided, as attachments, the document entitled "Acknowledgement of Receipt, Understanding and Approval of STG Privacy Notice for Stewart Title Companies and Stewart's Affiliated Business Arrangement Disclosure Statement" and the individually or similarly named documents, for review and acknowledgment prior to closing. E. All Transactions -Buyer(s)/Seller(s)/Borrower(s) are provided the Preliminary Report for review and acknowledgment prior to closing. Buyer(s) approval shall include the Preliminary Report items that are to remain as exceptions to the title policy. F. All Transactions -Seller(s)/Owner(s) shall submit for review, prior to closing, a completed Stewart Title Guaranty Company's Owner's Affidavit and Indemnity. G. There are no items in this preliminary report that will cause Stewart Title Guaranty Company to decline to attach the CLTA Endorsement Form 116 (or equivalent ALTA 22.1) or the CLTA Endorsement Form 116.01-06 (or equivalent ALTA 22-06), indicating that there is located a Commercial known as 2225 -2265 Camino Vida Roble, Carlsbad, CA 92011. H. In order to insure, you must provide full copies of any unrecorded leases, together with all supplements, assignments and amendments. Additional requirements or items may be requested upon review of the required documents. I. In order to insure a conveyance, acquisition or encumbrance by the limited partnership named below, you must provide the following: (a) Satisfactory written assurance to the Company that the certain certificate of limited partnership recorded October 2, 1992 is accurate and up-to-date and that the limited partnership has not elected to be governed by the provisions of the California Revised Limited Partnership Act. OR if the certificate must be up-dated, then: (b) The requirement that there be filed in the office of the Secretary of State a certificate of limited partnership in compliance with the provisions of the California Revised Limited Partnership Act, Section 15611 et. seq., Corporations Code; and that a copy thereof, certified by the Secretary of State be recorded in the offices of the County Recorder. Name of Limited Partnership: RB Co-R.E., L.P., a California Limited Partnership Additional requirements or items may be requested upon review of the required documents set forth above. File No.: 23000480631 Prelim Report COM Page 8 of9 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title Guaranty Company Commercial Services (San Diego) via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title Guaranty Company Commercial Services (San Diego). Stewart Title Guaranty Company Commercial Services (San Diego) may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title Guaranty Company Commercial Services (San Diego) shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title Guaranty Company Commercial Services (San Diego) Such benefits shall be deemed additional compensation to Stewart Title Guaranty Company Commercial Services (San Diego) for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. File No.: 23000480631 Prelim Report COM Page 9 of9 OWNER'S AFFIDAVIT AND INDEMNITY Order Number: 23000480631 Address/Location: 2225 -2265 Camino Vida Roble, Carlsbad, CA 92011 APN: 213-050-24-00 In connection with the request of the Undersigned ("Affiant") for the preparation and issuance of insurance, Affiant makes the following statements and representations for the benefit of, and reliance by, title insurer STEWART TITLE GUARANTY COMPANY (hereafter referred to as "TITLE"): 1. Affiant owns and holds title to the land described in Schedule A of the Preliminary Report or Commitment issued in connection with the above referenced Order Number (the "Land"). 2. The Affiant's ownership and/or possession of the Land has been peaceful and undisturbed, and title thereto has never been disputed, questioned or rejected, nor has the issuance of title insurance ever been refused, except as follows: (If none, please state "none") 3. Other than the Affiant, there are no parties entitled to possession of the Land other than the following: (If none, please state "none") 4. There are no leases, licenses, options, rights of first refusal, or contracts to sell, affecting the Land, or any parties currently in possession, of the Land, except the following: (If none, please state "none") 5. All assessments by a management company or owners' association, or for common area or building maintenance, if any, are paid current or are not yet due and payable except for the following (If none, please state "none) 6. There are no pending contemplated repairs/improvements to the Land, except the following: (If none, please state "none) 7. There has been no construction, building materials, repairs, improvements or remodeling performed, provided, furnished or delivered wit~in the last 12 months, except as follows: (If none, please state "none") This work performed, as detailed above, was completed on _________ (date of completion). 8. Affiant is not aware of the existence of any of the following:: a. Improvements, including fences, encroaching into any easements on the Land, or over any boundary lines of the Land. b. Adjoining property improvements encroaching onto the Land. c. Liens against the Land and/or judgments or tax liens against Affiant or any other property owner currently in title, except those described in the Preliminary Report or Commitment issued in connection with the above referenced Order Number. d. Outstanding claims or persons entitled to claims for mechanics' or materialman liens against the Land. e. Pending repairs/improvements to any adjacent street(s) or any assessments related to road maintenance. f. Any pending litigation involving the Land, the Affiant or any other property owner currently in title. g. Recent improvements completed or being made to any common area(s) located within the subdivision in which the Land is located. h. Violations of building permits•, zoning laws or recorded covenants, conditions and/or restrictions imposed on the Land. i. Any pending assessments for Community Facility Districts. j. Any new, pending or existing obligation or loan including any home improvements on the Land pursuant to the PACE or HERO program, or any other similar type program. File No.: 23000480631 Page 1 of 3 Owners Affidavit and Indemnity CA COM Rev. 9/2021 ~. - k. Any unrecorded or recorded easements, covenants, conditions, or restrictions affecting the Land, other than those listed in the Preliminary Report or Title Commitment. I. Any use of the property for the production, sale, warehousing or transporting of fresh fruits, vegetables, livestock or poultry (e.g., supermarkets, restaurants, wineries, breweries and meat packing plants). With regard to 8a.-81, except as follows: (If none, please state "none") 9. No proceedings in bankruptcy or receivership have been instituted or filed by, or against, the Affiant or any other property owner currently in title. 10. There are no unpaid taxes, assessments or utility type bills including but not limited to bills for water, sewer, hazardous waste, recycling, storm drain and/or rubbish and there are no liens related to such utilities from or on the Land, with the exception of the following: (If none, please state "none") 11. There are no financial obligations secured by trust deeds, mortgages, financing statements, vendor's liens, security agreements or otherwise, against the Land, except as set forth in the Preliminary Report, proforma and/or Commitment, and as set forth below: (If none, please state "none") Creditor Approximate Balance 12. There has been no harvesting or production of any oil, gas, geothermal materials or other minerals from or on the Land and there are no oil, gas, geothermal and/or mineral leases, licenses, options, rights of first refusal, and/or contracts to sell, affecting the mineral rights associated with the Land, or other parties currently in possession, of the mine~al rights on the Land, except the following: (If none, please state "none") 13. Other than the Affiant, there are no other parties currently in possession of the Land, including but not limited to, any possessory interest associated with the harvesting of any oil, gas, geothermal materials or other minerals, except the following: (If none, please state "none") 14. Affiant has not executed and will not execute any documents or instruments related to the title to, or interest in, the Land prior to the recordation of the documents in this transaction. 15. By signing below, Affiant agrees to cooperate with TITLE and, upon request from TITLE, to promptly provide and/or execute, any corrective or curative information or documentation requested. This is a sworn affidavit and is made for the purpose of inducing TITLE to provide certain insurance coverage to a purchaser and/or lender, and the representations contained herein are material to such insurance coverage. The undersigned hereby indemnifies and holds TITLE harmless from any loss or damage, liability, costs, expenses and attorneys' fees which it may sustain under its policies of title insurance or commitments to the extent any representation contained herein is incorrect. The undersigned understands that TITLE may decide not to provide the requested title insurance despite the information and affirmations contained herein. PLEASE READ, COMPLETE AND RESPOND TO ALL STATEMENTS CONTAINED IN THIS OWNER'S AFFIDAVIT AND INDEMNITY BEFORE SIGNING IN THE PRESENCE OF A NOTARY PUBLIC. THE NOTARY PUBLIC WILL EXECUTE THE ACKNOWLEDGMENT ON THE FOLLOWING PAGE. HOWEVER, IF YOU DO NOT UNDERSTAND OR HAVE ANY QUESTIONS ABOUT THIS AFFIDAVIT, YOU SHOULD SEEK THE ASSISTANCE OF YOUR INDEPENDENT FINANCIAL AND/OR LEGAL ADVISOR BEFORE SIGNING. File No.: 23000480631 Page 2 of 3 Owners Affidavit and Indemnity CA COM Rev. 9/2021 RB COREL P A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of ______ _, Subscribed and sworn to (or affirmed} before me on this ___ day of ___________ , 20 __ , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Signature File No.: 23000480631 Page 3 of 3 Owners Affidavit and Indemnity CA COM Rev. 9/2021 #1'-stewart ---TITLE --- Date Escrow Officer Escrow No. June 26, 2023 Outside Closer 23000480631 23000480631 Frank Green Title Order No. Property Address 2225 -2265 Camino Vida Roble, Carlsbad, CA 92011 Stewart 1itle Guaranty Company Commercial Services (San Diego) 7676 Hazard Center Drive, Ste 1400 San Diego, CA92108 (619) 398-8035 Phone (619) 615-2389 Fax fgreen@stewart.com SELLER ACKNOWLEDGEMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF PRELIMINARY REPORT The undersigned Seller(s) hereby acknowledge receipt of a copy of the Preliminary Report issued by Stewart Title Guaranty Company -Commercial Services under Order No. 23000480631, dated June 22, 2023 and hereby approves the legal description of subject property shown on Schedule A of the report. Seller(s) Acknowledgement: Seller(s) herein warrant and confirm that, to Seller(s) knowledge, all Deeds of Trusts (e.g., mortgages, loans and lines of credit), liens, judgments and/or encumbrances affecting Seller(s) and subject property are reflected in the Preliminary Report. If not, Seller(s) will provide Escrow Holder with information to facilitate the pay-off and/or removal of any such items before or at the close of escrow. The undersigned have received a copy of this acknowledgement as evidenced by the signature below. Seller(s): RB COREL P Escrow No.: 23000480631 Prelim Approval BP SCE Page 1 of 2 - llstewart ---TITLE--- Date Escrow Officer Escrow No. June 26, 2023 Outside Closer 23000480631 23000480631 Frank Green Title Order No. Property Address 2225 -2265 Camino Vida Roble, Carlsbad, CA 92011 Stewart Title Guaranty Company Commercial Services (San Diego) 7676 Hazard Center Drive, Ste 1400 San Diego, CA 92108 (619) 398-8035 Phone (619) 615-2389 Fax fgreen@stewart.com BUYER ACKNOWLEDGEMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF PRELIMINARY REPORT The undersigned Buyer(s) hereby acknowledge receipt of a copy of the Preliminary Report issued by Stewart Title Guaranty Company -Commercial Services under Order No. 23000480631, dated June 22, 2023 and hereby approves the legal description of subject property shown on Schedule A of the report. Buyer(s) Approval of Preliminary Report: Buyer(s) herein hereby approves Items * of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written. Further, Buyer(s) hereby acknowledge receipt and approval of the Covenants, Conditions and Restrictions, and any and all Schedule B exceptions detailed above, for example, easements, right-of-ways, and restrictions, if any. The undersigned have received a copy of this acknowledgement as evidenced by the signature below. Buyer(s): Escrow No.: 23000480631 Prelim Approval BP SCE Page 2 of2 Order No.: 23000480631 Escrow No.: 23000480631 EXHIBIT "A" LEGAL DESCRIPTION ---.. The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: Parcel "A" of Parcel Map No. 7150, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof on File in the Office of the County Recorder of San Diego County, April 19, 1978. Excepting for a period of 50 years from January 22, 1958 of all oil, gas and mineral rights without however, the right to drill, mine, explore and operate through the surface of the otherwise in such manner so as to interfere with the use or proposed use of the property of the grantee, its successors or assigns, or in any manner as to endanger the safety of any airport or building or structure that may be constructed on said property or proposed to be constructed on said property as contained in Deed from Carlsbad Properties, a co-partnership, to County of San Diego, a Political Subdivision of the State of California, recorded February 17, 1958 as Document No. 24786 in Book 6952. Page 391 of Official Records. APN: 213-050-24-00 APN: 213-050-24-00 (End of Legal Description) AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: June 26, 2023 Escrow No.: 23000480631 Property: From: 2225 -2265 Camino Vida Roble, Carlsbad, CA 92011 Stewart Title Guaranty Company -Commercial Services This is to give you notice that Stewart Title Guaranty Company -Commercial Services ("Stewart Title") has a business relationship with Stewart Solutions, LLC, DBA -Stewart Specialty Insurance Services, LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Hazard Insurance Home Warranty Natural Hazard Disclosure Report Escrow No.: 23000480631 ABA Disclosure SCE Charge or range of charges $400.00 to $6,500.00 $255.00 to$ 780.00 $ 42.50 to$ 149.50 Page 1 of 1 CLTA PRELIMINARY REPORrRM, EXHIBIT A (Rev. 11-04-22) ~ [CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (11-09-18) 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 unless such lien is shown by the public records at Date of Policy. © 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. Page 1 of 7 CLTA PRELIMINARY REPORTr-'RM, EXHIBIT A (Rev. 11-04-22) EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART II (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here)] CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER'S POLICY (02-04-22) EXCLUSIONS FROM COVERAGE The following matters are 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 1 O); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; . b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PARTI 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 at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. © 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. Page 2 of 7 CLTA PRELIMINARY REPORTC.rR_M_,_E_x_H_IB_I_T_A_(_R_e_v._1_1-0_4-_2_2) __ ~"'._'··.,,,.·,'------------ 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. PARTII (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21. 5. The failure of Your existing structures, or any portio,n of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. © 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. Page 3 of7 CLTA PRELIMINARY REPORC.~R_M_,_E_X_H_IB_I_T_A_(_R_ev_._1_1-0_4_-_22_) ___ .,_· .., __________ _ 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: CLTA/ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6 Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. © 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. Page 4 of 7 CLTA PRELIMINARY REPORJ.-qRM, EXHIBIT A (Rev.11-04-22) 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: ALTA OWNER'S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in t_he Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square _footage, or acreage of the Land or of any improvement to the Land. © 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. Page 5 of 7 CLTA PRELIMINARY REPOR':CRM, EXHIBIT A (Rev. 11-04-22) EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below: 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 at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. 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 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. © 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. Page 6 of 7 CLTA PRELIMINARY REPORr_R_M_, E_X_H_IB_I_T_A_(_R_e_v._1_1-0_4-_2_2) ____ :) ___________ _ 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. 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: NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below: 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 at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservatio11, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. © 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. Page 7 of7 PROCEDURES JO ACCOMPANY THE RESTRICTIVE COVENANT MODIFICATION FORM The law prohibits unlawfully restrictive covenants based upon: " ... age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry ... Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." As the individual holding or acquiring an interest in the property, you may elect to have any unlawfully restrictive covenants "removed", which means "redacted." To have the unlawfully restrictive covenant removed, you may prepare and submit to the county recorder's office, a "Restrictive Covenant Modification" form (RCM) together with a copy of the attached document with the unlawfully restrictive covenant redacted. This request must be submitted to the county recorder's office and must include your return address so the county recorder can notify you of the action taken by the county counsel. NOTE: The RCM provided with your tme product MAY NOT be the same form required by your county recorder's office; please double check your county recorder's office before completing this form. The process at the county recorder's office is as follows: • The county recorder takes the RCM with the redacted document and the original document attached and submits it to the county counsel for review to determine if, from a legal standpoint, the language was an unlawfully restrictive covenant and thus the redacted version should be indexed and recorded. • The county counsel shall inform the county recorder of his/her determination within a reasonable amount of time, not to exceed three months from the date of your request. • If county counsel determined that the redacted language was unlawful then, once recorded, the redacted document is the only one that effects the property and this modified document has the same effective date as the original document. • If county counsel determined that the redacted language was not unlawful then county counsel will return the RCM package to the county recorder and the county recorder will advise the requestor that same the request has been denied and the redacted document has not been recorded. • The modification document shall be indexed in the same manner as the original document and shall contain a recording reference to the original document. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME ADDRESS CITY STATE &ZIP TITLE ORDER NO. ESCROW NO. APN NO. RESTRICTIVE COVENANT MODIFICATION {Unlawfully Restrictive Covenant Modification Pursuant to Government Code Section 12956.2) l(We) _________________________ have or are acquiring an ownership interest of record in the property located at _________________________ _ that is covered by the document described below. The following reference document contains a restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of eliminating that restrictive covenant as shown on page(s)_of the document recorded on _______ in book _____ and page ___ or instrument number ________ o.f the official records of the County of __________ , State of California. Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted. This modification document shall be indexed in the same manner as the original document pursuant to subdivision (d) of Section 12956 of the Government. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document. (Signature of Submitting Party) (Printed Name) (Signature of Submitting Party) (Printed Name) County Counsel, or their designee, pursuant to Government Code Section 12956.2, hereby states that it has been determined that the original document referenced above ____ Does ____ Does Not contain an unlawful restriction and this modification may be recorded. County Counsel By: Date: C...:WART TITLE GUARANTY COM·JY PRIVACY NOTICE This Stewart Title Guaranty Company Privacy Notice ("Notice") explains how Stewart Title Guaranty Company and its subsidiary title insurance companies (collectively, "Stewart") 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 your information. Pursuant to Title V of the Gramm-Leach Bliley Act ("GLBA") and other Federal and state laws and regulations applicable to financial institutions, consumers have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how Stewart uses your personal information. The types of personal information Stewart collects, and shares depends on the product or service you have requested. Stewart may collect the following categories of personal and financial information from you throughout your transaction: 1. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online identifier, social security number, driver's license number, passport number, or other similar identifiers; 2. Demographic Information: Marital status, gender, date of birth. 3. Personal Information and Personal Financial Information: Name, signature, social security number, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete the transaction. Stewart may collect personal information about you from: 1. Publicly available information from government records. 2. Information we receive directly from you or your agent(s), such as your lender or real estate broker; 3. Information about your transactions with Stewart, our affiliates, or others; and 4. Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Stewart may use your personal information for the following purposes: 1. To provide products and services to you or in connection with a transaction. 2. To improve our products and services. 3. To communicate with you about our, our affiliates', and others' products and services, jointly or independently. Stewart may use or disclose the personal information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c. To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f. To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. i. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. j. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. k. Auditing for compliance with federal and state laws, rules and regulations. I. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments. m. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. File No.: 23000480631 Updated 01/01/2023 Page 1 r -' l --~ Stewart will not collect additional categories of·personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). Stewart may disclose your personal information to a non-affiliated third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter in a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: a. Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) b. To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure. c. Stewart's affiliated and subsidiary companies. d. Non-affiliated 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. e. Parties involved in litigation and attorneys, as required by law. f. Financial rating organizations, rating bureaus and trade associations. g. Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. The law does not require your prior authorization or consent 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 non- affiliated third parties, except as required or permitted by law. Right to Limit Use of Your Personal Information You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To opt- out of sharing to our affiliates for direct marketing, you may send an "opt out" request to Privacyrequest@stewart.com, or contact us through other available methods provided under "Contact Information" in this Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. How Stewart Protects Your Personal lotormatjon Stewart maintains physical, technical and administrative safeguards and policies to protect your personal information. Contact Information If you have questions or comments about this Notice, the ways in which Stewart collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under law, please do not hesitate to contact us at: Phone: Email: Postal Address: File No.: 23000480631 Updated 01/01/2023 Toll Free at 1-866-571-9270 Privacyreq uest@stewart.com Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 Page2 Effective Date: January 1. 2020 Updated: January 1. 2023 Privacy Notice at Collection for California Residents Pursuant to the California Consumer Privacy Act of 2018 ("CCPA") and the California Privacy Rights Act of 2020, effective January 1, 2023 ("CPRA"), Stewart Information Services Corporation and its subsidiary companies (collectively, "Stewart") are providing this Privacy Notice at Collection for California Residents ("CCPA & CPRA Notice"). This CCPA & CPRA Notice supplements the information contained in Stewart's existing privacy notice and applies solely to all visitors, users, and consumers and others who reside in the State of California or are considered California Residents as defined in the CCPA & CPRA ("consumers" or "you"). All terms defined in the CCPA & CPRA have the same meaning when used in this Notice. Personal and Sensitive Personal Information Stewart Collects • Publicly available information from government records. • Deidentified or aggregated consumer information. • Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), Gramm Leach Bliley Act {GLBA) and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months: Category A. Identifiers B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code§ 1798.80( e )}. C. Protected classification characteristics under California or federal law D. Commercial information E. Biometric information. F. Internet or other similar network activity. File No.: 23000480631 Updated 01/01/2023 Examples Collected A real name, alias, postal address, unique personal identifier, online YES identifier, Internet Protocol address, email address, account name, Social Security number, driver"s license number, passport number, or other similar identifiers A name, signature, Social Security number, physical characteristics or YES description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Age (40 years or older), race, color, ancestry, national .. YES orrgm, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Records of personal property, products or services purchased, YES obtained, or considered, or other purchasing or consuming histories or tendencies. Genetic, physiological, behavioral, and biological characteristics, or YES activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Browsing history, search history, information on a consumer"s YES interaction with a website, application, or advertisement. Page3 ,.. G. Geolocation data. , .. .,ysical location or movements. ' ~ YES H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. YES I. Professional or employment-Current or past job history or performance evaluations. YES related information. J. Non-public education Education records directly related to a student maintained by an YES information (per the Family educational institution or party acting on its behalf, such as grades, Educational Rights and Privacy transcripts, class lists, student schedules, student identification codes, Act (20 U.S.C. Section 1232g, 34 student financial information, or student disciplinary records. C.F.R. Part 99)). K. Inferences drawn from other Profile reflecting a person's preferences, characteristics, psychological YES personal information. trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources: • Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.) • Directly and indirectly from activity on Stewart's website or other applications. • From third-parties that interact with Stew~rt in connection with the services we provide. Use of Personal and Sensitive Personal Information Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c. To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f. To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. i. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). j. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. k. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. I. Auditing for compliance with federal and state laws, rules and regulations. m. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for materially different, unrelated, or incompatible purposes without providing you notice. File No.: 23000480631 Updated 01/01/2023 Page4 Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: a. Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing crediUdebit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) b. Affiliated Companies. c. Parties involved in litigation and attorneys, as required by law. d. Financial rating organizations, rating bureaus and trade associations. e. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Category B: Category C: Category D: Category E: Category F: Category G: Category H: Category I: Category J: Category K: Identifiers California Customer Records personal information categories Protected classification characteristics under California or federal law Commercial Information Biometric Information Internet or other similar network activity Geolocation data Sensory data Professional or employment-related information Non-public education information Inferences Your consumer Bights and Choices Under CPPA and CPRA Your Rights Under CCPA The CCPA provides consumers (California residents as defined in the CCPA) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: • The categories of personal information Stewart collected about you. • The categories of sources for the personal information Stewart collected about you. • Stewart's business or commercial purpose for collecting that personal information. • The categories of third parties with whom Stewart shares that personal information. • The specific pieces of personal information Stewart collected about you (also called a data portability request). • If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Peletjon Request Bights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3. Debug products to identify and repair errors that impair existing intended functionality. File No.: 23000480631 Updated 01/01/2023 Page5 4. Exercise free speech, ensurC right of another consumer to exercise th,~. ~ee speech rights, or exercise another right provided for by law. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code§ 1546 seq.) 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8. Comply with a legal obligation. 9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Your Rjghts Under CPRA CPRA expands upon your consumer rights and protections offered by the CCPA. This section describes your CPRA rights and explains how to exercise those rights. Opt-Out of Information Sharing and Selling Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal information as commercially necessary and in accordance with this CCPA & CPRA Notice. Correction of Inaccurate Information You have the right to request that Stewart correct any inaccurate information maintained about. Limit the Use of Sensitive Personal Information You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties. Exercising Your Rights Under CCPA and CPRA To exercise the access, data portability, deletion, opt-out, correction, or limitation rights described above, please submit a verifiable consumer request to us by the available means provided below: 1. Calling us Toll Free at 1-866-571-9270 2. Emailing us at Privacyrequest@stewart.com; or 3. Visiting http://stewart.com/ccpa. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days}, we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. File No.: 23000480631 Updated 01/01/2023 Page6 Stewart does not charge a fee to pre .. or respond to your verifiable consumer ,:)est unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrjmination Stewart will not discriminate against you for exercising any of your CCPA and CPRA rights. Unless permitted by the CCPA or CPRA, we will not: • Deny you goods or services. • Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. • Provide you a different level or quality of goods or services. • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Record Retention Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping requirements Changes to This CCPRA & CPRA Notice Stewart reserves the right to amend this CCPA & CPRA Notice at our discretion and at any time. When we make changes to this CCPA & CPRA Notice, we will post the updated Notice on Stewart's website and update the Notice's effective date. Link to Privacy Notice Stewarts Privacy Notice can be found on our website at https://www.stewart.com/en/privacy.html. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone: Website: Email: Postal Address: File No.: 23000480631 Updated 01/01/2023 Toll Free at 1-866-571-9270 http://stewart.com/ccpa Privacyreq uest@stewart.com Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 Page?