HomeMy WebLinkAboutCUP 14-04; DEHESA CHARTER SCHOOL; Conditional Use Permit (CUP).,
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-~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
DeveloP,ment Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Penn/ts (FOR DEPT. USE ONL YJ
D Coastal Development Pennlt (•) □Minor
1--------1
Legi§lat/ve Permits
[}eneral Plan Amendment
(FOR DEPT. USE ONLY)
[lj Conditional Use Permit (*)
Di nor □Extension Qocal Coastal Program Amendment(*)
0 Day Cara (Large)
□ Environmental Impact Assessment
D Habitat Management Pennlt □Minor 1--------1
□ Hillside Development Permit(") □Minor ,__ ____ _,
□Master Plan
□specific Plan
ozone Change (*)
Qmendment
□Amendment
□ Zone Code Amendment D Nonconforming Construction Permit D Planned Development Permit Qinor
Qesidential □ Non-Residential
South Carlsbad Coastal Review Area Permits
~lewPermlt
-Udministrative Qinor □Major D Planning Commission Determination
D Site Development Plan □Minor 1-------.
□ Special Use Permit
□ Tentative Parcel Map (Minor Subdivision)
□ Tentative Tract Map (Major Subdivision)
□ Variance D Minor
Villaae Review Area Permits
~iewParmit
-administrative □Minor
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M,
ASSESSOR PARCEL NO(S).: 214-650-01t.-01
PROJECT NAME: EileFfleRt li~l:featiefl, Inc ,esouice een~ore--r::r oex-:-, -'
BRIEF DESCRIPTION OF PROJECT: Conditional Use Permit for public charter school
BRIEF LEGAL DESCRIPTION; fu ( ·ho<\ Of. \_()""t 1_ cf Cn.x-\~ \ '("0-0 N'Q, C..,. \ 04-\ \J
~~\o... Comrno'0;) 1 0-u:..c::ird,r~ -\G \'-l'o.t? \':>~.f\ o
LOCATION OF PROJECT: 6797 Embarcadero Lane -------------sT=R-E=E_T_A-::D-::D-,-R-,-Ec:-Sc:-S ____________ _
ON THE: East
(NORTH, SOUTH, EAST, WEST)
BETWEEN Avenida Encinas
(NAME OF STREET)
P-1
SIDE OF Embarcadero Lane
(NAME OF STREET)
AND Carlsbad Blvd.
(NAME OF STREET)
Page 1 of 6 Revised 12113
/
I
OWNER NAME
(Print):
MAILING ADDRESS:
CITY, STATE. ZIP:
Ta.EPHONE
EMAIL ADDRESS:
Macquarie Poinsettia, Inc.
l'f'2.o ~ A"1£.,.sc.ATC ~2~0
&ee1 ,dido, eA 9202e S(1t-Yr'-L ..,w
';2e,,(, -6,lf--3:rs?.l
) -
APPLICANT NAME (Print): Element Education, Inc.
MAILING ADDRESS: 1441 Montiel Road, Ste #143
CITY, STATE, ZIP: Escondido, CA 92026
TELEPHONE: 760-743-7880 -------------EM A IL ADDRESS: tnovacek@myeJement.org
APPLICANT'S REPRESENTATIVE (Print): Hofman Planning & Engineering ---------------------------MA I LING ADDRESS: 3156 Lionshead Avenue, Suite 1
CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: 760-692-4019
EMAIL ADDRESS: seven@hofmanplanning.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT ANO THAT ALL THE ABOVE INFORMATION IS TRUE ANO
CORRECl;_ TO THE EST OF MY KNOWLEDGE.
,.. -J -'lo I
DATE
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 RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
/U?Jt!>f-
11 PROPERTY OWNER SIGNATURE
~OSC,4,-,-§aA,..A;cS: C .b"""2!:et
FOR CITY USE ONLY
P-1 Page 2 of6
AUG O 7 2014
!.'\TY: ,-,::·; .:.zi_·;
... : l :'.. \. : \ , .: -·, ':_.~: ; \/ ; _,~··~ )
DAtE $iAMP APPLICATION RECEIVED
RECEIVED BY:
Re..;sed 12/13
--Hofman
Planning & Engineering
To:
Company:
Address:
Phone:
Date:
Project:
Delivery:
SUBJECT:
City of Carlsbad, Planning Division
1635 Faraday Avenue
760-602-4610
August 6, 2014
Dehesa Charter School
Hand Delivery
1st Submittal -CUP
Attached are the following items:
Copies Date Description
1 8-6-14 P-1 Land Use Review Application
1 8-6-14 P-1 (A) Disclosure Statement
1 8-6-14 P-1(8) Project Description
TRANSMITTAL
From: Shay Even
□ For Your Information
□ For Your Approval
X For Your Review
□ As Requested
Paaes
2
2
1
1 8-6-14 P-1 (C) Hazardous Waste & Substances Statement 1
1 8-6-14 P-1 (D) EIA Information Form
1 8-6-14 P-1 (E) Time Limits on Discretionary Projects
1 5-5-14 Letter requestina 10-vear expiration term
2 4-30-14 Preliminary Title Report
1 4-28-14 600' Noticina Packaae
1 4-28-14 100' Noticing Package
7 8-6-14 CUP Plans
1 Check for fee
Feel free to contact me if you have any questions.
Hofman Planning & Engineering
Shay Even
Associate Planner
Tel: (760) 692-4019 Direct
Fax: (760) 692-4105
Email: seven@hofmanplanning.com
4
1
1
15
7
1
AUG O 7 2014
. •,,
i,:..:11
3156 Lionshead Ave, Ste. 1 · Carlsbad · CA · 92010 · 7 60-692-4100 · Fax 7 60-692-4105
■ Hofman
Planning & Engineering
May 5, 2014
Planning Division
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Conditional Use Permit -Dehesa Charter School
AUG O 7 2014
This letter is to request a 10-year expiration term for the Dehesa Charter School to be located at
6797 Embarcadero Lane. The school has requested this length of term for the following reasons:
• The school has negotiated a 10 year lease with the Landlord in order to make the
project economically feasible.
• The longer CUP term will allow the school to recuperate the high total investment
cost in the CUP application and Tenant Improvements.
• The City will maintain its right to monitor this CUP on an annual basis and require
mitigation/modifications if any concerns develop over the duration of the lease.
Thank you for your consideration and please let me know if you need any additional information.
Sincerely,
fi,4/Jo-~
Bill Hofman
President
Cc: Terri Novacek, Executive Director, Element Education
3156 Lionshead Ave, Ste. 1 · Carlsbad · CA · 92010 · 760-692-4100 · Fax 760-692-4105
A ..... )
Element Education Inc.
Home to Dehesa Charter School and Community Montessori Charter School
Element Education, Inc. is a non-profit corporation with a mission to design and support educational
programs which empower students to drive their own learning. The role of the adults is to create the
environment and facilitate the learning process, not dominate it.
Element Education currently manages Dehesa Charter School (a K-12 personalized learning program
which began in 2001) and Community Montessori Charter School (a K-8 Montessori program which
originally operated within Dehesa Charter School and branched off to be its own school in 2013).
Element Education plans to broaden its spectrum of service to include pre-school age learners by opening
My Element Montessori, an early learning program.
The BluWater Crossing property has been leased to serve all three programs. The general timeline for the
project is:
December 2014 January 2015 Spring 2015 Summer 2015 September 2015
Build out for suite Open pre-school Build out for Summer camps Dehesa Charter
A and outdoor program in Suite Suites Band C offered for PK-6 School opens
area are A are completed. doors in suite B
completed. Conduct open for grades 7-12.
houses and tours
for community. Community
Montessori opens
doors in suite C
for grades K-3
(possibly adding
grades up to
sixth)
My Element Montessori (suite A) will serve seventy-two students (ages 4 and 5) with eight staff.
Students will be dropped off between 7:30 and 8:15 in the morning and picked up between 4:45 and 5:30
in the afternoon. The program will emphasize independence, freedom within limits, and respect for the
child's natural psychological, physical, and social development.
Community Montessori (suite C) will serve ninety-six students (ages 5-12) with seven staff. Students
will be dropped off between 8:15 and 9:00 and picked up between 3:15 and 3:45. The program will
continue with the Montessori philosophy of child-centered learning.
Dehesa Charter School (suite B) will serve approximately fifty-two middle and high school students
with three staff. The program will have an entrepreneurship focus which will tap into the resources
available within the local community as well as the public transportation available nearby. Students will
be dropped off between 8:45 and 9:00 and picked up between 3:45 and 4:00.
All programs will follow a traditional school calendar of 175 days of instruction. Camps may be offered
during long holiday breaks. Special events would include an annual open houses and student
performance.
1441 Montiel Road, Suite 143 Escondido California 92026
www.myelement.org
<.(~
'·~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
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 municipafity, d)stiict or other political subdivision or any other group or combination acting as a uniL •
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be providecl 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________ Corp/Part E\ts,m\ td0cru,ov,
Title_________ Title tx ~c), > I\\/l Q\(~ C toC
Address________ Address \L\L\\ Monti~ R,d. \\'-\43
OWNER (Not the owner's agent) E"=>'-00&@1 c..A. 0.20 ~
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person _________ _
Title. __________ _
Address _________ _
Corp~ fr\AC,,(ilf't(l~ P-01,.)&~,.,,,, INC.,.
Title R~ Slf'tl'lf..5 , h,~
Address l¼:)o F,F!?f {1-t, 5'.AT:( ~20
~£ "'14 q~101
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 t:.\ e.n---e_\"'tt' Bucdt.O"\, Non Profit/Trust
~1,.C:. -----------Title \;:s"",'tc-\11.Js;,. D·,n i :k..-:c Title ____________ _
Address \ L\4 \ \--\,21 ,-\-\~\ \2J :::ll:.1 t\3 Address __________ _
'C-s(:u·xJ.,d.o ,C B c\';}.D.?L;;:
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 62'.J No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
_·::\-~,~---~~·-:c-,,:x;,.,_ Cp i::: ..
Signature of .applieenUdate • • Signature of owner/date
,C.aQ~ ~r~s~ J>,~
Mite~• 4-~or~ 1-.>C...
Print or type name of owner ~ ..,trint or type name of .ipi;ilieal'lt-
. '----"' ' -o.Nna"
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
~~·· ~~;•~·
~ CITY OF
CARLSBAD
PROJECT NAME:
APPLICANT NAME:
PROJECT
DESCRIPTION
P-1(8)
Dehesa Charter School
Element Education, Inc.
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
See attached project description.
P-1(8) Page 1 of 1 Revised 07/10
<,\1
•~ CITY OF
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):
00 The development project and any alternatives proposed in this application !!!..!1Q! 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 m contained on the lists
compiled pursuant lo Section 65962.5 of the State Government Code.
APPLICANT
Name: Element Education, Inc.
Address: 1441 Montiel Road, Suite 143
Escondido CA 92026
Phone Number: 619-247-3384
Address of Site: 6797 Embarcardero Lane
PROPERTY OWNER
Name: Macquarie Poinsettia, Inc.
Address: 14 :>o F-t/:-f'>t '9vt ~Sytl'e22~0
..S£A......,-c...£ w~ q f Joi
PhoneNumber: ¥-b7g.-:r:ra.l
Local Agency (City and County):._C____.ityc..o_f_C_a_rl_sb_a_d _________________ _
Assessor's book, page, and parcel nurnber:__;:2c...:.14..:..-6-=-=-50=-·~0..:..1·~0..:..1 ______________ _
Specify list(s): ___________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
Prope!:ly Owner Signature/Date '
~IJIM~,b,~
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 of2 Revised 02/13
r ..
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ____________ (To be completed by City)
Application Number(s): ___________________________ _
General Information
1. Name of project: _D_eh_e_s_a_C_h_a_rt_e_r _S_ch_o_o_l __________________ _
2. Name of developer or project sponsor: _E_l_e_m_e_n_t E_d_u_c_a_ti_on ____________ _
Address: 1441 Montiel Road, Suite 143
City, State, Zip Code: Escondido, CA 92026
Phone Number: 760-743-7880 ---------------------------
3. Name of person to be contacted concerning this project: Bill Hofman (Hofman Planning & Eng.)
Address: 3156 Lionshead Avenue, Suite 1
City, State, Zip Code: _C_a_rls_b_a_d_, C_A_9_2_01_0 _________________ _
Phone Number: 760-692-4100 -------------------------'------
4. Address of Project: _6_7_97_E_m_b_a_rc_a_d_e_ro_L_a_n_e _________________ _
Assessor's Parcel Number: 214-650-01 -----------------------
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Conditional Use Permit
6. Existing General Plan Land Use Designation: _C_-T _______________ _
7. Existing zoning district: ________________________ _
8. Existing land use(s): Vacant commercial building (1st floor)
9. Proposed use of site (Project for which this form is filed): _____________ _
Conditional Use Permit for Charter School
Project Description
10. Site size: ____ o_.7_9_a_c_re_s ______________________ _
11. Proposed Building square footage: ---=E=x=is=ti""'n..._q.aaB=u=ild=ia..nq...__ _____________ _
12: Number of floors of construction: Existing Building ----=----=----------------
13. Amount of off-street parking provided: ___________________ _
14. Associated projects: _________________________ _
P-1(0) Page 2 of4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: _________ _
N/A
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _____________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ________ _
See attached project description
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ____________________ _
Conditional Use Permit for Charter School
P-1(D) Page 3of4 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 D IX]
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
□
□
□
□
□
□
□
29. Substantial change in demand for municipal services (police, fire, water, sewage, D
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
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: '&,-u-\\.\ Signature~
For: ~
P-1(0) Page 4 of 4 Revised 07/10
«,
~ CITY OF
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) please call (760) 602-4610.
ApplicantSignature: £,.;q, +.....,
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
. C cityof
Carlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www .carlsbadca.gov
INSTRt:JCTIONS:
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 (BMP's) into the project
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2).
Initially 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 Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many
aspects of project site design are dependent upon the storm water standards applied to a project.
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 separate completed and signed questionnaire must be submitted for each new development application submission. Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
To determine if your project is a priority development project, please answer the following questions:
1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA Green Streets uidance?
2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance?
YES NO
X
X
If you answered "yes· to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my
project does not meet PDP requirements" and complete applicant information.
E-34 Page 1 of 3 Effective 6/27/13
City of
--...-.rlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www .carlsbadca.gov
... ~ STEP2 ~ ' • ·., :;;~, ·"
" :, TO BE COMPLETED FOR Al.L NEW OR'REDEVELOPMENT PROJECTS
To determine if your project is a priority development project, please answer the following questions: YES
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial,
industrial residential mixed-use and public development projects on public or private land.
3. Is your project a new or redevelopment project that creates 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.
4 . Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a hillside development project? A hillside development
project includes development on any natural slope that is twenty-five percent or greater.
5. 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 parking lot. A parking lot is a land area or facility for the
temporarv parkina or storaae of motor vehicles used personallv for business or for commerce.
6. 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 street, road, highway freeway or driveway? A street,
road, highway, freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks motorcvcles, and other vehicles.
7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive
Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less
from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the
project to the ESA (i.e. not commingles with flows from adjacent lands).•
8. Is your project a new development 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 that supports a retail gasoline outlet (RGO)? This category includes RGO's
that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles per dav.
1 O. ls 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. ls your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%?
NO
X
X
X
X
X
X
X
X
X
X
X
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your
application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this
questionnaire, check the "my project meets PDP requirements" box and complete applicant information.
If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant
information.
E-34 Page 2 of 3 Effective 6/27 /13
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
STEP3
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS ;fffAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY
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 reviousl existin develo ment?
If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of
impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and
complete applicant information.
If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4,
check the "m ro·ect meets PDP re uirements" box and com lete a licant information.
STEP4
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
□ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification) requirements may apply to my project. Refer to SUS MP for details.
Q( My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
Address:
3156 Lionshead Avenue, Suite 1, Carlsbad 92010
Accessors Parcel Number(s):
214-650-01
AppliP{:lnt Title: President
Dpte· 10-29-14
This Box for City Use Only
City Concurrence:
By:
Date:
Project ID:
I YES I NO
I I
* Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired 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
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13
• ?
April 30, 2014
Robert Barnes
Macquarie Poinsettia Inc.
1420 Fifth Avenue, Suite 2220
Seattle , WA 98101
Phone: (206)674-3383
Fax: (206)695-5841
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
'__)
Order Number: NCS-641620-SD
Page Number: 1
First American Title Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
6797 Embarcadero
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam.com
MACQUARIE POINSETTIA INC
6797 Embarcadero Lane, Carlsbad, CA
PRELIMINARY REPORT
UPDATED AND
AMENDED APRIL 30,
2014
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of litle Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. nie policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the Cl TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Rrst American Title Insurance Company
~ Order Number: NCS-641620-5D
Page Number: 2
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
First American Title Insurance Company
-.,
...)
Order Number: NCS-641620-5D
Page Number: 3
Dated as of November 13, 2013 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Standard Owner Policy
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
MACQUARIE POINSETTIA INC., A DELAWARE CORPORATION
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple as to Parcels 1 and 2, an easement as to Parcels 3 and 4.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2013-2014.
First Installment: $11,209.22, PAID
Penalty: $0.00
Second Installment: $11,209.22, PAID
Penalty: $0.00
Tax Rate Area: 09027
A. P. No.: 214-650-01-01
2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 3, as disclosed by Notice of
Special Tax Lien recorded April 26, 1994 as Instrument No. 1994-277976 and July 27, 1995 as
Instrument No. 1995-322359, both of Official Records.
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
4. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON
REAL PROPER"TY" recorded MARCH 27, 2007 as INSTRUMENT NO. 07-0205921 of Official
Records.
5. The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT
DRAINAGE" recorded APRIL 27, 2007 as INSTRUMENT NO. 2007-0287677 of Official Records.
Document re-recorded July 30, 2007 as INSTRUMENT NO. 2007-0506020 of Official Records.
Rrst American Title Insurance Company
'_)
Order Number: NCS-641620-5D
Page Number: 4
6. The Terms, Provisions and Easement(s) contained in the document entitled "RECIPROCAL
EASEMENT AND MAINTENANCE AGREEMENT' recorded May 31, 2007 as INSTRUMENT NO.
2007-0369208 of Official Records.
7. The Terms, Provisions and Easement(s) contained in the document entitled "RECIPROCAL
EASEMENT AGREEMENT' recorded May 31, 2007 as INSTRUMENT NO. 2007-0369209 of Official
Records.
8. The terms and provisions contained in the document entitled "AFFORDABLE HOUSING
AGREEMENT IMPOSING RESTRICTION ON REAL PROPERTY" recorded MAY 31, 2007
as INSTRUMENT NO. 2007-0369346 of Official Records.
9. The terms and provisions contained in the document entitled "PERMANENT STORMWATER
QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT' recorded JUNE 12, 2007
as INSTRUMENT NO. 2007-0395069 of Official Records.
10. A Deed of Trust to secure an original indebtedness of $61,315,448.00 recorded JUNE 28,
2007 as INSTRUMENT NO. 2007-0434880 of Official Records.
Dated: JUNE 26, 2007
Trustor: POINSETTIA COMMONS LLC, A DELAWARE LIMITED LIABILITY
COMPANY
Trustee:
Beneficiary:
Affects:
FIRST AMERICAN TITLE COMPANY
MACQUAIRE BANK LIMITED, AN AUSTRALIAN PUBLIC
COMPANY
The land and other property.
The above deed of trust states that it is a construction deed of trust.
The Deed of Trust/Mortgage was Partially reconveyed as to PROPERTY DESCRIBED IN A
PARTIAL RECONVEYANCE by instrument recorded SEPTEMBER 23, 2011 under recording no.
INSTRUMENT NO. 2011-0495836.
The Deed of Trust/Mortgage was Partially reconveyed as to PROPERTY DESCRIBED IN A
PARTIAL RECONVEYANCE by instrument recorded SEPTEMBER 23, 2011 under recording no.
INSTRUMENT NO. 2011-0495837.
11. An easement shown or dedicated on the map filed or recorded AUGUST 17, 2007 as MAP NO.
15593 of TRACT MAP
For: GENERAL UTILITY, ACCESS and incidental purposes.
12. An easement for PUBLIC UTILmES, INGRESS, EGRESS and incidental purposes,
recorded NOVEMBER 2, 2007 as INSTRUMENT NO. 2007-0701580 of Official Records.
In Favor of: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.
Rrst American Title Insurance Company
... • "'I
_,,}
Order Number: NCS-641620-5D
Page Number: 5
13. An easement for CABLE TELEVISION, COMMUNICATION SERVICES and incidental purposes,
recorded FEBRUARY 27, 2008 as INSTRUMENT NO. 2008-0101716 of Official Records.
In Favor of: TIME WARNER N Y CABLE, DBA TIMER WARNER CABLE
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.
14. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded November 12, 2008 as INSTRUMENT NO. 08-0588813 of Official
Records, which provide that a violation thereof shall not defeat or render invalid the lien of any
first mortgage or deed of trust made in good faith and for value, but deleting any covenant,
condition, or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic
information, gender, gender identity, gender expression, source of income (as defined in
California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. Lawful
restrictions under state and federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on familial status.
Note: You may wish to contact the homeowners association referred to in the above document
for information regarding assessments, transfer requirements or other matters.
The terms and provisions contained in the document entitled "ASSIGNMENT OF DECLARANTS
RIGHTS" recorded March 26, 2010 as INSTRUMENT NO. 20100149760 of Official Records.
15. The terms and provisions contained in the document entitled "MUTUAL BENEFIT AGREEMENT'
recorded DECEMBER 10, 2008 as INSTRUMENT NO. 2008-0630473 of Official Records.
Document re-recorded DECEMBER 11, 2008 as INSTRUMENT NO. 2008-0631984 of Official
Records.
Document(s) declaring modifications thereof recorded AUGUST 08, 2011 as INSTRUMENT NO.
2011-0401981 of Official Records.
16. The terms and provisions contained in the document entitled "REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS" recorded APRIL 24, 2009 as INSTRUMENT NO.
2009-0213135 of Official Records.
17. The terms and provisions contained in the document entitled "ENCROACHMENT AGREEMENT''
recorded DECEMBER 28, 2009 as INSTRUMENT NO. 2009-0716206 of Official Records.
18. The terms and provisions contained in the document entitled CERTIFICATE OF COMPLIANCE IN
LIEU OF A PARCEL MAP recorded May 09, 2011 as INSTRUMENT NO. 2011-0239057 of Official
Records.
Rrst American Title Insurance Company
,.,,,,.,1
Order Number: NCS-641620-5D
Page Number: 6
19. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded May 16, 2011 as INSTRUMENT NO. 2011-0251602 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, familial status, disability, handicap, national origin, genetic information,
gender, gender identity, gender expression, source of income (as defined in California
Government Code§ 12955 (p)) or ancestry, to the extent such covenants, conditions or
restrictions violate 42 U.S.C. § 3604(c), or california Government Code§ 12955. Lawful
restrictions under state and federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on familial status.
Note: You may wish to contact the homeowners association referred to in the above document
for information regarding assessments, transfer requirements or other matters.
20. Rights of parties in possession.
First American Tltle Insurance Company
,---~ _;
Order Number: NCS-641620-5D
Page Number: 7
INFORMATIONAL NOTES
1. According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) COMMERCIAL CONDOMINIUM known as 6797
EMBARCADERO LANE, CARLSBAD, CA.
2. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
3. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
4. It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
5. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. Requirements which the Company may impose following its review of the above material and
· other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
Rrst American Title Insurance Company
_)
Order Number: NCS-641620-5D
Page Number: 8
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILilY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a california limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the california Probate Code in a form
satisfactory to the Company.
2. Copies of those excerpts from the original trust documents and amendments
thereto which designate the trustee and confer upon the trustee the power to act in
the pending transaction.
3. Other requirements which the Company may impose following its review of the
material require herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
First American Title Insurance Company
Order Number: NCS-641620-SD
Page Number: 9
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
First American Title Insurance Company
LEGAL DESCRIPTION
._)
Order Number: NCS-641620-5D
Page Number: 10
Real property in the City of carlsbad, County of San Diego, State of california, described as
follows:
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
AN UNDIVIDED ONE THIRD (1/3) FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO
THE COMMON AREA WHICH IS A PORTION OF LOT 1 OF CARLSBAD TRACT NO. CT 04-11,
POINSETTIA COMMONS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15593, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17, 2007 AND THE CERTIFICATE OF
CORRECTION RECORDED DECEMBER 28, 2009 AS INSTRUMENT NO. 2009-0716207 OF
OFFICIAL RECORDS ("MAP"), AS SHOWN ON THE CONDOMINIUM PLAN FOR 6797
EMBARCADERO LANE, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNIA, ON MAY 13, 2011, AS DOCUMENT NO. 2011-0249327 AND ANY
AMENDMENT OR SUPPLEMENTS THERETO ("CONDOMINIUM PLAN").
PARCEL 2:
THE COMMERCIAL UNIT, AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN.
PARCEL 3:
AN EXCLUSIVE EASEMENT TO USE EACH PORTION OF THE ASSOCIATION PROPERTY, IF ANY,
DESIGNATED IN THE CONDOMINIUM PLAN AND ASSIGNED TO THE COMMERCIAL UNIT
PURSUANT TO THE DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR
6797 EMBARCADERO LANE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, CALIFORNIA ON MAY 16, 2011 AS DOCUMENT NO. 2011-0251602
("DECLARATION"), AS BEING AN EXCLUSIVE USE EASEMENT AREA APPURTENANT TO THE
COMMERCIAL UNIT DESCRIBED IN PARCEL 2 ABOVE FOR THE PURPOSES DESCRIBED IN THE
DECLARATION.
PARCEL 4:
NON-EXCLUSIVE, APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY FOR
USE THEREOF IN ACCORDANCE WITH THE TERMS OF THE DECLARATION.
APN: 214-650-01-01
A"rst American Title Insurance Company
r
._I
Order Number: NCS-641620-5D
Page Number: 11
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Rrst American Title Insurance Company
_,)
Order Number: NCS-641620-5D
Page Number: 12
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
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; (d) improvements on the Land;
(b) zoning;
(c) land use;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. Toe 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. Toe right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. Toe transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
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.
Your Deductible Amount
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
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 any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
( d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. Toe right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
First American Title Insurance Company
._I
Order Number: NCS-641620-SD
Page Number: 13
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
S. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
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 l(a) does not modify or
limit the coverage provided under Covered Risk S.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions
from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
Rrst American Title Insurance Company
--I Order Number: NCS-641620-SD
Page Number: 14
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions
from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
First American Title Insurance Company
'"""" ....)
Order Number: NCS-641620-SD
Page Number: 15
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13( c), 13( d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Arst American Title Insurance Company