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Home My WebLink AboutCT 2019-0005; LOKER AVE; Tentative Map (CT)('city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit [Kl Planned Development Permit D Minor D Residential IR] Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) [xi Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits pl)O~Ol'1 ... ovoS' C"f 1010\ -ooo5' D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 209-081-28-00, 209-081-29-00 2720 -2738 W Loker Ave. Carlsbad. CA (STREET ADDRESS) Loker Avenue The project includes a Tentative Map for condominium purposes. ESTIMATED COMPLETION DATE Development No. ·pe]/.901"t✓O\ O°"\ Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: (PLEASE PRINT) H.G. Fenton Property Company 7577 Mission Valley Road, Suite 200 San Diego, CA 92108 619-400-0120 APPLICANT NAME INDIVIDUAL NAME (if applicable): (PLEASE PRINT) COMPANY NAME (if applicable): H.G. Fenton Property Company MAILING ADDRESS: 7577 Mission Valley Road, Suite 200 CITY, STATE, ZIP: San Diego, CA 92108 TELEPHONE: 619-400-0120 EMAIL ADDRESS: '/<-,..,.;;-r_;u;,,;;f?._;~;...cy~c-J.t-~-F-,-N-72_6_'.l_y_._C_o_W'J_ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): -"R-7 Uf?.~Y MAILING ADDRESS: 75 77 {'--(/5~/0N V,1 //47 11/ CITY, STATE, ZIP: _sa_n_D_i_eg_o_, c_A_i -----------~~;........,16....;.¼..,.~---GO __ C.,.,A&...,;,,,. __ .....;c;'--Z1"---d'i' __ _ TELEPHONE: C ti-Cf Zl-Cfl/52 EMAIL ADDRESS: 7AFul<EY e/.l~n.N7{)1-V. CoYV) I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICT! NS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED JUN O 3 2019 CITY OF CARLSBAD DAT~Mt,l~~~SlONcE1vED RECEIVED BY: Revised 03/17 ,. CERTIFICATE OF ASSISTANT SECRETARY H.G. FENTON PROPERTY COMPANY I, Martha Guy, am the duly qualified and elected Assistant Secretary of H.G. Fenton Property Company, a California corporation organized and existing in good standing under the laws of the State of California ("Company"), and I make the following certifications in my capacity as Assistant Secretary. 1. The following resolutions were unanimously adopted by the Board of Directors of the Corporation at a regular meeting held on June 5, 2018: Election of Officers RESOLVED, the following officers are elected to serve until such time as their successors shall be appointed effective June 5, 2018: President, Chief Executive Officer Chief Financial Officer Chief Administrative Officer, Secretary Assistant Secretary Michael P. Neal Robert Gottlieb Kari Prevost Martha Guy 1. The following is a true and correct excerpt of the resolution unanimously approved at the H.G. Fenton Company Board of Directors meeting held on June 5, 2018: Signatures on Corporate Documents RESOLVED, any two corporate officers, acting together, are authorized to sign documents for the purpose of opening or closing bank accounts, investing funds, borrowing funds, pledging assets, buying and selling assets, guaranteeing the borrowings of affiliated entities (including any trust owning stock in the Company), granting easements, providing for subdivision of land and, except for leases and license agreements for real estate owned or managed by the Corporation, to execute all other documents and do all other acts necessary and customary to carry out the normal course of business of the Corporation or such other entities of which this Corporation is an agent under a property management agreement. 2. I further certify that the resolution remains in full force and effect and that the above-quoted excerpts have not been amended, modified or rescinded. This certificate is executed at San Diego, California on May 29, 2019. {cicyof Carlsbad DISCLOSURE STATEMENT P-1(A} Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N JA Corp/Part /./6 /eN7tJ.N Co Title____________ Title·-------------,--- Address________ Address 7£77 /111::,s,oN l/4//41YJ ~N /Jlt:'&5 Cll e=,z,c( OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N /A Corp/Part f/G /;-.IV TD.Al Co Title__________ Title_..;;;.O_w;;;;...a,,a._f)__,;c:.:,..-.;._(L ____ --:--:---- Address t517 Yrl,15SIOJV 0i n1.., Kl ~A.N Vlc"(..p CA <-tzt o<; / Address _________ _ Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust N /IJ Non Profit/Trust._1'-J_/JJ ______ _ Title ___________ _ Title _____________ _ Address Address ---------------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D No If yes, please indicate person(s):_U_'.N_'K._'.).I_O_k=>_f\ _____ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Si nature of applicant/date ---~'lo~/61 tuflcy Print or type name of owner Print or type name of applicant of owner/applicant's agent if applicable/date wner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 {__cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Loker Avenue Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICANT NAME: H.G. Fenton Property Company 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: The project includes a Tentative Map for condominium purposes for the site located at 2720 -2738 W Loker Avenue, Carlsbad, CA 92010. The site containing parcels APN 209-091-28-00 and 209-081-29-00 currently operates as 10 industrial/commercial buildings. The project does not propose any change in the zoning or use of the site. No new buildings or facilities are proposed as part of this project that deviate from the originally approved project. P-1(B) Page 1 of 1 RECEIVED JUN O 3 2019 CITY OF CARLSBAD PLANNING DIVISION Revised 07/10 Ccicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Raab Rydeen, REC Consultants, Inc. Name: H.G. Fenton Property Company Address: 2442 Second Avenue Add 7577 Mission Valley Road, Suite 200 ress: _________ _ San Diego, CA 92101 San Diego, CA 92108 Phone Number: 619-326-6017 Phone Number: 619-400-0120 Address of Site: 2720 -2738 W Loker Avenue, Carlsbad, CA Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number: APN: 209-081-28-00, 209-081-29-00 S 'fy . ( DTSC, Underground Storage Tank Sites, Solid Waste Disposal Sites, "Active" CDO and CAO, Hazardous Waste Facilities pec1 lists): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: March 4, 2019 ~~~ ~nt Signature/Dte The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: Loker Avenue -------------------- 2. Name of developer or project sponsor: H.G. Fenton Property Company Address: 7577 Mission Valley Road, Suite 200 City, State, Zip Code: San Diego, CA 92108 Phone Number: 619-400-0120 3. Name of person to be contacted concerning this project: Raab Rydeen, REC Consultants, Inc. Address: 2442 Second Avenue City, State, Zip Code: San Diego, CA 92101 Phone Number: 619-326-6017 4. Address of Project: 2720 -2738 W Loker Ave, Carlsbad, CA 92010 Assessor's Parcel Number: 209-081-28-00, 209-081-29-00 5. 6. 7. 8. 9. ~ist a~d describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: N/A -There are no related permits or approvals required. Existing General Plan Land Use Designation: Pl (Planned Industrial/Office) Existing zoning district: P-M (Planned Industrial) Existing land use(s): Industrial/Office Proposed use of site (Project for which this form is filed): The use of the site will not change and will remain as Industrial/Office. Project Description 10. Site size: 12.4 acres ---------------------- 11. Proposed Building square footage: N/A -No new buildings are proposed as part of the Tentative Map 12: Number of floors of construction: N/A -No new buildings are proposed as part of the Tentative Map 13. Amount of off-street parking provided: ----------------- 14. Associated projects: N/A -This project is not associated with any other projects. P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: ________ _ N/A -This not a residential project. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: __________________ _ N/A-There are 10 existing buildings onsite. No new buildings are proposed as part of this project, as it is a TM for condominium purposes. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: The project contains 10 existing industrial/office buildings and no buildings are proposed as part of this project, as it is a TM for condominium purposes. No significant increases in employment shall deviate from the originally approved project. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ N/A -The project is not institutional. 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __________________ _ N/A-The project does not involve variance, conditional use or rezone. P-1(D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development {height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: $ \ 1 S l \?{ Signature) lvb ~ For: RfC ConsuJtonts Int. P-1(D) Page 4 of 4 Revised 07/10 Environmental Setting (32 -33): 32. The project is a Tentative Map for condominium purposes. The site contains 10 office/industrial buildings. The site was previously graded as part of the original project that built the 10 structures and its associated improvements. No new buildings or improvements are proposed as part of this project. The site is relatively flat and contains landscape features throughout the parking lot and along the frontage of Loker Avenue West. The existing buildings range from X square feet to X square feet. Parking is provided throughout the buildings and provides a total of X spaces. Designated open space is located to the north of the existing buildings. No sensitive plant or animal species are likely to be located onsite due to the previous disturbances of the site. It is unlikely that any cultural or historical resources are located onsite due to the fact that the site has been graded and the buildings onsite are not old enough to have historical significance. Although an open space area is located adjacent to the site, the project does not propose any new buildings that would impact any scenic resources or scenic vistas in the surrounding area. 33. To the north of the site Is a designated open space area and Planned Industrial uses further north of the open space. Planned Industrial uses are also located to the east with open space areas further east. To the south of the site and south of Loker Ave Ware Planned Industrial uses. West of the site contains additional Planned Industrial uses and open space further west. The industrial uses which surround the site are similar in character. The buildings located south of Loker Avenue West are larger in comparison to the buildings existing onsite. {cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 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) pleas~O. . Applicant Signature: 5:-1 l I J Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 c·cicyof Carlsbad r-'"':,-,! ,._. fENTATIVE PARCEL MAP Development services WAIVER OF PROCESSING TIME LIMITS P-1{F) Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.: ___________ _ Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. ~l~-1 [;y S-/r.,,-17 Print Name Date ------------------------Signature Print Name Date P-1(F) Signer is ( check one): □Property Owner )Zf Applicant Signer is ( check one): □Property Owner □Applicant Rev. 04/13 I"" TEN1'(TIVE PARCEL MAP TENANT C_cicyof Carlsbad NOTIFICATION STATEMENT Development Services (Statement of Compliance with Subdivision Map Act Sect. 66427.1) P-1(G) Proposed Minor Subdivision No.: ___________ _ Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all notificatio s to e tenants required therein. ~____::_ _____ /;JL~-1 ~y S:lt-/f Signature Print Name Date □Property Owner Signature □Property Owner ~Applicant □Applicant Subdivision Map Act Section 66427.1 Print Name Date {a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451 ). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: {A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. {D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative . map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. {F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. {b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. {c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1 (G) Page 1 of 1 Revised 11/12 (cicyof Carlsbad TENTATIVE PARCEL MAP TENANT NOTIFICATION STATEMENT (Statement cf Compliance with Subdivision Map Act Sect. 66427.1) P-1(G) Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.:. __________ _ I hereby certify that I have read Subdivision Map Act Section 66427 .1 (provided below) and that I will make all notificati s to e tenants required therei~ I' 1~L~1 /wv y/t-11 Print Name Date □Property owner ~Applicant Print Name □Property owner □Applicant Subdivision Map Act Section 66427.1 . (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property Into a condominium project, a community apartment project, or a stock cooperative project, lllless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit In the residenflal real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451 ). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of Intention to convert, provided at least 60 days prior to the filing of a tentatiVe map pursuant to Section 66452. (B) Ten days' written notlftcaflon that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the Issuance of the final public report, and that the report wlll be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdMder receives the public report from the Department of Real Estate. (0) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of Intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative . map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties In performance of their covenants, Including, but not limited to, the provision of services, payment of rent, or the obligations Imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions thafthe oolt will be Initially offered to the general pubHc or terms more favorable to the tenant The exclusive right to purchase shall commence on the date the subdivision publlc report Is Issued, as provided in Secllon 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her Intention not to exercise the rlghl (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mall. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental egree·ment was negotiated In Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property Into a condominium project, a community apartment project, or a stock cooperative project shall be Issued in that language. P-1(G) Page 1 of 1 Revised 11/12 C cityof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their pro·ect fulfills those requirements. This checklist is to be completed and included in applications for ew eve opment proje st at are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS ..,. The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances . ..,. If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. ..,. The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. ..,. Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 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-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A Is the proposed project consistent v.ith the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent v.ith the existing land use plan and zoning designations, does the project indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance v.ith the City of Carlsbad Guidance to Demonstrating Consistencv with the Climate Action Plan. lf"No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCO2El/year for new development projects to assist in determining consistency v.ith the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. \/Viii the proposed land use change result in the construction of less than any one of the follov.ing? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 d'M'llling units • Office: 35,000 square feet • Retail Store: 11 ,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCO2El/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance v.ith CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance v.ith the City of Carlsbad Guidance to Demonstrating Consistencv with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance v.ith California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-<Jeveloped GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 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. . -;p; ";ii.\ (.,... t { ' -I·' f ... ; ii l, I , • • ':; --'-• " • ... • -_,,_ • '-.,, £ .... ~~ ~ ~ ... ll,"""J Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: CA 9Z!Ocf Contact Phone: Contact Email: Contact information of person completing this checklist (if different than above): Name: ~Joer\-C12-t( Contact Phone: Company name/address: H(, (c.NTOl'I Contact Email: ~ fu/2...EY f hJ Ft.,,fM . Co NJ 1s11 YVli55,o.N \/411(1 Bl . ~N v1t.Go 9'11oe 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): $ _______ _ Construction Type Complete Section(s) Notes: D Residential □ New construction j 2A, 3A and 4A □ Alterations: □ BPV ~ $60,000 1A All residential alterations □ BPV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings· only where interior finishes are removed □ BPV ~ $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed I D Nonres1dent1al □ New construction j 1B, 2B, 3B, 4B and 5 □ Alterations: P-30 Page 3 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions ~ 1,000 1B, 5 square feet □ BPV ~ $1 ,000,000 18, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV ~ $200,000 Checklist Item Check the appropriate boxes, explain al not applicable and exception items, md provide supporting calculalions and documentation as necessary. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information 'Mlen completing this section. A D Residential addition or alteration ~ $60,000 building pennit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later ~ N/A ______ _ □ Exception: Home energy score ~ 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package B. D Nonresidential* new construction or alterations~ $200,000 building pennit valuation, or additions~ 1,000 square feet See CALGreen Appendix AS, Discussion A5.2, as amended in CS-347, Section 3. A5.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Po\lv'er □ NIA A5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) □ N/A A5.203.1 .2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget □ N/A AS.211 .1.** □ On-site renewable energy □ N/A AS.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) □ N/A AS.212.1 □ Elevators and escalators □ N/A AS.213.1 □ Steel framing □ N/A P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist * lndudes hotels/motels and high-rise residential buildings •• For alterations 2! $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. D Residential new construction (for building ·pennit applications submitted after 1 /1 /20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Car1sbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated k\Ndc* sheets if necessary) Total System Size: k\Ndc = (CF Ax.572) / 1,000 + (1 .15 x #d.u.) *Formula calculation v.tlere CFA = conditional floor area, #du = number of dv.ellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ k\Ndc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet Please refer to Car1sbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If < 1 0,000s.f. Enter: 5 kWdc Min. System Size: □If~ 10,000s.f. calculate: 15 kWdc x (GFN10,000) ** ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: 4. Elecbic Vehicle Charging A. D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential : □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") P-30 Page 6 of 7 Installed I Total I Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation ~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. D Nonresidential new construction (includes hotels/motels) □ Exception : Total Parl<ing Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces 5. D Transportation Demand Management (TDM) A List each proposed nonresidential use and gross floor area (GF A) allocated to each use. B. Employee AOT/1 ,000 square feet is selected from the City of Carlsbad Employee AOT Table. Use GFA Employee AOT/1 ,000 S.F. Total Employee ADT Total If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required. *NOTE: Notwithstanding the 11 O employee ADT threshold above, General Plan Mobility Element Policy 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 policy applies to your project. TOM plan required: Yes □ No □ LOE Staff Verification: □ ______ (staff initials) P-30 Page 7 of 7 Revised 04/19 r~· ~ City of Carlsbad I INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2 750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: C rR.~~o C,o..5::;<o-J 5 PROJECT ID: ADDRESS: ryl/1) , ~ 1 -:f;;' 4) ~fL APN: YJi-C)g-( --2,.~ Z. 9 -. The project is (check one): D New Development ")(] Redevelopment The total proposed disturbed area is: n ft2 ( ) acres The total proposed newly created and/or replaced impervious area is: CJ ft2 ( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID .JJ 14 SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. 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; □ 'rg b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ 121 If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If vou answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/1 7 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 ublic develo ment ro ·ects on ublic or rivate 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 develo ment ro ·ects on ublic or riv ate land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption , including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification SIC code 5812 . 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles, trucks, motorc cles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the ro ·ect to the ESA i.e. not commin led with flows from ad·acent lands . * 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic ADT of 100 or more vehicles er da . 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 1 0%? (CMC 21 .203.040 YES NO □ f?1 □ JJ If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statin "M ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq . ft. □ □ Total proposed newly created or replaced impervious area (8) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete applicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations ~.hibits to verify if 'STANDARD PROJECT' stormwater requirements apply. y Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Nam-:-?l-~-f ---Applicant Tit~,t fvlltY !/1tfl ,7P1/ Date: ~Jo?Lf Applicant Signature: /', v/ .. • Environmentally Sens1t1ve Areas include but are not l1m1ted 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. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 , I stewart title Frank Green Order No. Title Unit No. Your File No. Buyer/Borrower Name Seller Name PRELIMINARY REPORT 18000481663 48 H.G. Fenton Company Property Address: 2720 -2738 W Loker Ave., Carlsbad, CA Stewart litle 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 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 April 02, 2019 at 7:30 a.m. Frank Green, Title Officer When replying, please contact: Frank Green, Title Officer File No.: 18000481663 Prelim Report COM Amendment No. Four Page 1 of 11 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: □ CLTA Standard Coverage Policy □ CLTA/ALTA Homeowners Policy □ 2006 ALTA Owner's Policy □ 2006 AL TA Loan Policy □ ALTA Short Form Residential Loan Policy l!l Map Guarantee SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: H.G. Fenton Property Company File No.: 18000481663 Prelim Report COM Page 2 of 11 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego and described as follows: PARCEL 1: PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JULY 3, 1990 AS Instr. # 90-362938, OF OFFICIAL RECORDS, SAID CERTIFICATE OF COMPLIANCE BEING A BOUNDARY ADJUSTMENT OF PARCELS AAND B OF CERTIFICATE OF COMPLIANCE RECORDED JUNE 16, 1986 AS instr,# 86-240751 OF OFFICIAL RECORDS, SAID CERTIFICATE OF COMPLIANCE BEING A CONSOLIDATION AND BOUNDARY ADJUSTMENT OF LOTS 3 THROUGH 6 OF MAP NO . ..1Qlli FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 1982; TOGETHER WITH DOLPHIN COURT AS VACATED BY RESOLUTION NO. 8553, RECORDED IN THE OFFICE OF SAID COUNTY RECORDER JUNE 16, 1986 AS Instr.# 86-240752 OF OFFICIAL RECORDS. BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL A; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL A NORTH 2° 37' 29" WEST, 459.83 FEET; THENCE LEAVING SAID BOUNDARY NORTH 89° 17' 49" EAST, 155.07 FEET; THENCE SOUTH 58° 57' 57" EAST, 328.77 FEET TO A 90.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE EASTERLY ALONG THE ARC OF SAID CURVE 77.80 FEET THROUGH A CENTRAL ANGLE OF 49 DEGREES, 31' 37"; THENCE RADIALLY TO SAID CURVE SOUTH 18° 29' 34" EAST 35.92 FEET; THENCE SOUTH 33° 00' 00" EAST 78.00 FEET; THENCE NORTH 55° 04' 46" EAST 17.00 FEET TO A NON TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 55° 04' 46" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 31.25 FEET THROUGH A CENTRAL ANGLE OF 17° 54' 22"; THENCE SOUTH 52° 49' 36" EAST 25.14 FEET (SOUTH 52° 49' 35" EAST 25.00 FEET OF RECORD) TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF LOKER AVENUE AS SHOWN ON SAID MAP 10372 SAID POINT BEING ALSO ON THE ARC OF A NON TANGENT 536.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID CURVE BEARS NORTH 55° 43' 29' WEST; (NORTH 55 DEGREES 42' 50" WEST OF RECORD); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 28.62 FEET THROUGH A CENTRAL ANGLE OF 3° 03' 32" (28.75 FEET THROUGH A CENTRAL ANGLE OF 03 DEGREES 04' 23" OF RECORD); THENCE SOUTH 31° 12' 59" WEST 275.67 FEET (SOUTH 31° 12' 47" WEST 275.74 FEET OF RECORD); THENCE NORTH 58° 48' 20" WEST 222.57 FEET (NORTH 58 DEGREES 47' 13" WEST 222.48 FEET OF RECORD); THENCE SOUTH 87° 21' 26" WEST 251.61 FEET (SOUTH 87° 22' 31" WEST 251.50 FEET OF RECORD) TO THE POINT OF BEGINNING. PARCEL 2: THOSE PORTIONS OF PARCELS AAND B OF CERTIFICATE OF COMPLIANCE RECORDED JUNE 16, 1986 AS instr.# 86-240751 OF OFFICIAL RECORDS SAID CERTIFICATE OF COMPLIANCE BEING A CONSOLIDATION AND BOUNDARY ADJUSTMENT OF LOTS 3 THROUGH 6 OF NAP NO . ..10.3.Z2.AND DOLPHIN COURT AS VACATED AND CLOSED TO PUBLIC USE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL B; THENCE SOUTH 26° 32' 15" EAST 544.56 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF LOKER AVENUE AS SHOWN ON SAID MAP NO . ...1Q3Z2. SAID POINT BEING ALSO A POINT ON A NON-TANGENT 536.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID CURVE BEARS NORTH 26° 32' 15" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 272.94 FEET THROUGH A CENTRAL ANGLE OF 29° 10' 35"; THENCE LEAVING SAID RIGHT OF WAY NORTH 52° 49' 35" WEST 25.00 FEET; TO A 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 31.25 FEET THROUGH A CENTRAL ANGLE OF 17° 54' 22"; THENCE RADIALLY TO SAID CURVE SOUTH 55° 04' 46" WEST 17.00 FEET THENCE NORTH 33° 00' 00" WEST 78.00 FEET; THENCE NORTH 18° 29' 34" WEST 35.94 FEET; TO A NON-TANGENT 90.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A File No.: 18000481663 Prelim Report COM Page 3 of 11 RADIAL LINE TO SAID CURVE BEARS SOUTH 18° 29' 34 EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 77.80 FEET THROUGH A CENTRAL ANGLE OF 49° 31' 37"; THENCE NORTH 58° 57' 57'' WEST 328.77 FEET; THENCE SOUTH 89° 17' 49" WEST 155.07 FEET TO THE WESTERLY BOUNDARY OF SAID PARCEL B; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL B NORTH 2° 37' 29" WEST 197.17 FEET; THENCE NORTH 61° 49' 29" EAST 354.09 FEET; THENCE SOUTH 89° 29' OS" EAST 278.01 FEET TO THE POINT OF BEGINNING. APN: 209-081-28-00 and 209-081-29-00 (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.: 18000481663 Prelim Report COM Page 4 of 11 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 2019 -2020. B. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2018 -2019: 1st Installment: $46,963.29 Paid 2nd Installment: $46,963.29 Open Parcel No.: 209-081-28-00 Code Area: 09013 C. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2018 -2019: 1st Installment: $70,911.40 Paid 2nd Installment: $70,911.40 Open Parcel No.: 209-081-29-00 Code Area: 09013 D. Assessments, if any, for Community Facilities Districts or a Mello-Roos District affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. E. 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 covenant and agreement, but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis, upon the terms and conditions therein, in favor of City of Carlsbad, recorded March 29, 1982 as Instr.# 82-083817, of Official Records. Among other things, said document provides for drainage system. Reference is made to said document for full particulars. 2. Provisions, herein recited, of the dedication statement on the map of the tract shown below Tract: 10372 Provisions: Sewer facilities 3. An easement or other provisions for the purpose of sewer and drainage facilities and rights incidental thereto as shown on the recorded map no. 10372, which affects as shown on said Map. 4. Matters in an instrument which, among other things, contains or provides for assessments, liens and the subordination thereof, provisions relating to the partition, restrictions or severability of component interests, Covenants, Conditions and Restrictions, provides for use of common areas, certain easements, and a provision that any violation thereof shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value, but omitting any Covenant, Conditions and Restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin, sexual orientation, marital status, ancestry, disability or unless and only to the File No.: 18000481663 Prelim Report COM Page 5 of 11 extent that the Covenant, Conditions and Restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. Recorded :October 11, 1985 as Instr. # 85-378668 of Official Records Note: Section 12956.1 of the Government Code provides the following: if this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to Subdivision (c) of Section 12956.1 of the Government Code. An Amendment and Reinstatement of the Declaration of Protective Covenants for Carlsbad Oaks Business Center recorded June 29, 2017 as Instrument Number 2017-0294059 of Official Records. 5. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded June 11, 1986 as Instr. # 86-233717 of Official Records, affects a portion of the herein described land. 6. The fact that the ownership of said land does not include rights of access to or from the public street or highway abutting said land, such rights having been relinquished or severed by Deed to the City of Carlsbad, a municipal corporation, recorded January 23, 1987 as Instr.# 87-37376, of Official Records. Said Matter Affects: Lots 3 and 6 of Map No. 10372 together with Dolphin Court, excepting therefrom 2 access openings the center of said access openings described as follows: A 40.00 foot wide access opening the center thereof being a point on the Southwesterly line of said Lot 3 which bears North 31 Degrees 12' 47" East 45.00 feet from the Southerly corner of said Lot 3. A 70.00 foot Wide access opening the center thereof being a point on the Northwesterly right of way of said Loker Avenue 245.93 feet Southwesterly along the arc of a 536.00 foot radius curve concave Southeasterly having a central angle of 26 Degrees 17' 20" which being at the most Easterly corner of said Lot 6. 7. An easement for sewer and water and rights incidental thereto in favor of the City of Carlsbad, a municipal corporation as set forth in a document recorded January 23, 1987 as Instr. # 87-37377 of Official Records, affects a portion of the herein described land. 8. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded May 1, 1987 as Instr. # 87-239492, of Official Records, affects a portion of the herein described land. 9. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of Pacific Bell as set forth in a document recorded July 28, 1987 as instr # 87--424106. of Official Records, affects a portion of the herein described land. 10. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded March 6, 1990 as Instr.# 90-119961, of Official Records, affects a portion of the herein described land. 11. An agreement to which reference is made for full particulars by and between Carlsbad Crossroads, LTD., and the City of Carlsbad, a municipal corporation, recorded April 9, 1990 as Instr.# 90-190110 of Official Records. Said matter affects: Drainage fees as required by the Growth Management Program and the adopted local facilities management plan for Zone 5. 12. A Certificate of Compliance with conditions, executed by Lloyd Hubss, City Engineer City of Carlsbad, recorded July 3, 1990 as Instr.# 90-362938. of Official Records. 13. An agreement between the City of Carlsbad and the owner, Recorded October 1, 1990 as Instr. # 90-535183 of Official Records, relating to the installation, maintenance and removal of drainage system. File No.: 18000481663 Prelim Report COM Page 6 of 11 14. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of Pacific Bell as set forth in a document recorded November 29, 1990 as Instr.# 90-636017 of Official Records, affects a portion of the herein described land. 15. Covenants, conditions, and restrictions as set forth in instrument recorded December 5, 1990 as Instr. # 90-646400, Official Records, but omitted any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the Covenant, condition or restriction; (a) is exempt under title 42 of the united states code; or (b) relates to handicap, but does not discriminate against handicapped persons. Note: section 12956.1 of the government code provides the following: if this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.1 of the government code. Lawful restrictions under state and federal law on the age of occupants in senior housing or for older persons shall not be construed as restrictions based on familial status. 16. An agreement to which reference is made for full particulars by and between Carlsbad Crossroads LTD. and the City of Carlsbad, recorded August 11, 1999 as Instr.# 1999-0556909. of Official Records. Said matter affects: The payment of a local facilities management zone transportation fee. 17. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded September 7, 2001 as Instr.# 2001-0641016, of Official Records, affects a portion of the herein described land. Said matter affects: Parcel 1. 18. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $50,000,000.00 Dated: November 4, 2004 Trustor: H.G. Fenton Company, a California corporation Trustee: Unionbancal Mortgage Corporation Beneficiary: Union Bank of California, N.A. Recorded: November 29, 2004 as Instr.# 2004-1119004 of Official Records The beneficial interest of under said deed of trust was assigned as collateral security: Assignor: H.G. Fenton Company, a California corporation Assignee: UnionBanCal Mortgage Corporation Recorded: November 29, 2004 as Instr.# 2004-1119004 of Official Records An Agreement to modify the above Deed of Trust was recorded March 5, 2008 as Instr. # 2008-0116902, of Official Records. An Agreement to modify the above Deed of Trust was recorded May 15, 2009 as Instr. # 2009-0257734, of Official Records. An Agreement to modify the above Deed of Trust was recorded August 2, 2012 as Instr.# 2012-0452255, of Official Records. An Agreement to modify the above Deed of Trust was recorded April 11, 2013 as lnfilr...1 2013-0226617, of Official Records. 19. Covenants, conditions, and restrictions as set forth in instrument recorded November 26, 2008 as Instr.# 2008-0612035 Official Records, but omitted any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to File No.: 18000481663 Prelim Report COM Page 7 of 11 the extent that the Covenant, condition or restriction; (a) is exempt under title 42 of the united states code; or (b) relates to handicap, but does not discriminate against handicapped persons. Note: section 12956.1 of the government code provides the following: if this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.1 of the government code. Lawful restrictions under state and federal law on the age of occupants in senior housing or for older persons shall not be construed as restrictions based on familial status. Said matter affects: Parcel 2. 20. An agreement between the City of Carlsbad and the owner, Recorded September 8, 2011 as Instr. # 2011-0464487 of Official Records, relating to the installation, maintenance and removal of storm drain. Said matter affects: Parcel 2. 21. Rights of parties in possession. 22. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by inquiry of the parties in possession thereof. 23. Rights of tenants in possession of said land by reason of unrecorded leases. Kindly forward said lease, or a current certified tenant rent roll. 24. This Company will require the following documents, in order to insure a conveyance or encumbrance by the corporation or unincorporated association named below: Entity: H.G. Fenton Company, a California corporation a. A copy of the corporation By-Laws or Articles. b. An original or certified copy of the Resolution authorizing the subject transaction. c. If the Articles or By-Laws require approval by a "parent" organization, we will also require a copy of those By-Laws or Articles. d. If an unincorporated association, a statement pursuant to applicable law (such as California Corporation Code Section 20002). The right is reserved to add requirements or additional items after completion of such review. 25. The matters contained in an instrument entitled Shared Parking Agreement dated July 15, 20015, by and between H.G. Fenton Property Company and St. Katherine Orthodox Mission upon the terms therein provided recorded July 30, 2015 as Instrument No. 2015-0402562 of Official Records. 26. A document entitled "Notice of Restriction on Real Property", recorded July 30, 2015 as Instrument No. 2015-0402563 of Official Records. Said matter affects: Parcel 1. 27. Any interest in said land, of Sierra Wireless America, Inc., as disclosed by a Notice of Non- Responsibility, dated March 24, 2016, executed by H.G. Fenton Property Company, recorded March 29, 2016 as Instrument No. 2016-0139581 of Official Records. 28. Any lien, or claim of lien, for services, labor or materials arising by reason of any work of improvement now in progress or recently completed, as disclosed by document entitled Notice of Non-Responsibility, recorded June 29, 2017 as Instrument No. 2017-0294434 of Official Records. Said matter affects: Parcel 2. 29. Any lien, or claim of lien, for services, labor or materials arising by reason of any work of improvement now in progress or recently completed, as disclosed by document entitled Notice of Non-Responsibility, recorded June 29, 2018 as Instrument No. 2018-0266592 of Official Records. File No.: 18000481663 Prelirn Report COM Page 8 of 11 30. Any lien, or claim of lien, for services, labor or materials arising by reason of any work of improvement now in progress or recently completed, as disclosed by document entitled Notice of Non-Responsibility, recorded November 20, 2018 as Instrument No. 2018-0482608 of Official Records. (End of Exceptions) File No.: 18000481663 Prelim Report COM Page 9 of 11 A. None File No.: 18000481663 Prelim Report COM NOTES AND REQUIREMENTS Page 10 of 11 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. WIRE INSTRUCTIONS We hereby request that our funds are wire transferred directly to our account. If you have any questions, regarding this matter, please call the number as referenced above. We do not accept ACH Transfers. these funds will be returned and may cause a delay in closing. **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS can your title and/or escrow officer immediately to verify the information prior to sending funds.** REFERENCE OUR FILE NUMBER: 18000481663 REFERENCE OUR BUYER/BORROWER NAME: REFERENCE OUR SELLER NAME: H.G. Fenton Company File No.: 18000481663 Prelim Report COM Page 11 of 11 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: April 08, 2019 Escrow No.: 18000481663 Property: 2720 -2738 W Loker Ave., Carlsbad, CA From: 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.: 18000481663 ABA Disclosure 2007 BP 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 Report Form Exhibit A (Revised 06-03-11) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (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, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 1 of4 File Number: 18000481663 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; 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 appear 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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: (Rev. 06-03-11) Your Deductible Amount 1 % of Policy Amount or $2,500.00 (whichever is less) 1 % of Policy Amount or $5,000.00 (whichever is less) 1 % of Policy Amount or $5,000.00 (whichever is less) 1 % of Policy Amount or $2,500.00 (whichever is less) File Number: 18000481663 Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Page 2 of4 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the TIiie for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the dale of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the TIiie that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 3 of 4 File Number: 18000481663 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. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 4 of4 File Number: 18000481663 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Dowe share Can you limit this sharing? For our everyday business purposes-to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes-to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes-information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes-information No We don't share about your creditworthiness. For our affiliates to market to you -For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include comouter, file, and buildina safeauards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? ■ request insurance-related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 18000481663 Page 1 Revised 11-19-2013