HomeMy WebLinkAboutCUP 2020-0010; REKINECTED; Conditional Use Permit (CUP).
('acyof
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 (FOR DEPT. USE ONLY) Legislative Permits
□ Coastal Development Permit 0 Minor
□ Conditional Use Permit
Ql Minor D Extension
□ Day Care (Large)
□ Environmental Impact Assessment
□ Habitat Management Permit 0 Minor
□ Hillside Development Permit OMinor
0 Nonconforming Construction Permit
0 Planned Development Permit D Minor
0 Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
OMinor
0 Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
'CV.. VU> W-
oolO
0 General Plan Amendment
D Local Coastal Program Amendment
0 Master Plan D Amendment
D Specific Plan
D Zone Change
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative O 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.
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S): 221-014-02
LOCATION OF PROJECT: 3141 Tiger Run Court, Suite 114 Carlsbad, CA 92010
(STREET ADDRESS)
NAME OF PROJECT: ReKinected
BRIEF DESCRIPTION OF
PROJECT: One-on-one athletic/physical training facility and rehabilitation center
PROJECT VALUE
(SITE IMPROVEMENTS) No improvements proposed ESTIMATED COMPLETION DATE N/A
FOR CITY USE ONLY
Development No. Dw'202Q ..... Vuf!3 \ Lead Case No. e,u, ~u;f2JJ-oo\ o
P-1 Page 1 of6 Revised 03/17
...
OWNER NAME
INDIVIDUAL NAME
(if applicable}:
COMPANY NAME
(if applicable):
(PLEASE PRINT)
Pa1omar Me1rose, tP, a camomia 11mltea partnersmp
By: Amel Commercial Properties
Its Agent
MAILING ADDRESS: 949 South Coast Drive, Suite soo
CITY, STATE, ZIP: Costa Mesa, CA 92626 --------------TELEPHONE: (714} 481-5000
EMAIL ADDRESS: stinder@amel.com
I CERTIFY THAT I AM THE LEGAL OWNER ANO THAT ALL THE ABOVE
INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGA ER THAT THE APPLICANT AS
SET FORTH HEREI IS MY H !ZE REPRESENTATIVE FOR
PURPOSES OF PPL! N
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(PLEASE PRINT)
Brittany Revell
(if applicable): ReKinected
MAILING ADDRESS: 2192 Corte Limon ---------------CI TY, STATE, ZIP: Carlsbad, CA 92009
TELEPHONE: (760) 331-8111
EMAIL ADDRESS: Brittany@rekinectedpt.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
8/31/2020
SIGNATURE DATE
APPLICANTS REPRESENTATIVE (Print): Stan Weiler ......;;.,;,;;,;,;_;..:....;,;;.;,;.;;,;__ ________________________ _
MAILING ADDRESS: 2888 Loker Avenue East, Suite 217
CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: (760) 929-2288 Ext. 402
EMAIL ADDRESS: sweiler@hwl-pe.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AN C RECT TO THE BEST OF MY
KNOWLE G
IN THE PROCESS OF REVIEWING THIS APPUCATION 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/INE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE T S PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND A~Y ES EREST.
PROPERTY OWNER SIGNATURE
COO, Amel Commercial Properties. Its Agent
FOR CITY USE ONLY
P-1
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Page 2 of 6 Revised 03/17
Ccicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carisbadca.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, fimi, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
2.
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Micliael Hollstegge PT, DPT
Title Co-owner and CEO
Address 110 Hillcrest Dr. Encinitas, CA92024
Corp/Part Brittany Revell PT, DPT
Title Co-owner and CFO
Address 2192 Corte Limon Carlsbad. CA92009
OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person __________ _
Title ___________ _
Address __________ _
Palomar Melrose, LP, a California limited partnership
Corp/Part By: Amel Commercial Properties
Its Agent Title ____________ _
Address 949 South Coast Drive, Suite 600
Costa Mesa, CA 92626
Page 1 of2 Revised 07/10
. .
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust ----------Non Profit/Trust. _________ _
Tit I e ___________ _ 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 I ✓ I No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the abov ation is true and correct to the best of my knowledge.
~ 10/25/2020
Signature of owner/date
Palomar Melrose. LP, a California limited partnership
By: Amel Commercial Properties
Its Agent )fl,(..,. I( Sc.!1::<fu; ,s. ,r C.oo
Print or type name of ow
10/25/2020
Signature of applicant/date
Michael Hollstegge, Brittany Revell
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Mark Sanguist. COO Its Agent
Print or type name of owner/applicant's agent
P-1(A) Page2 of2
8/31/2020
Revised 07/10
Re.Kinected
Application for Minor Conditional Use Pemiit
City of Carlsbad
Project Description
2020
ReKinected is requesting approval of a Minor Conditional Use Pemiit to locate at 3141 Tiger Run Ct
Suite #114 in Carlsbad, CA 92010 which is within the P-M Zone. ReKinected is a one-on-one
athletic/physical training facility and recovery center which is pemiitted in the P-M zone subject to
Planning Commission Approval of a Minor Conditional Use Pennit.
Overview
ReKinected was founded in 2020 by two Physical Therapists with the mission to refomi the conventional
approach to physical health. At ReKinected we provide non-traditional physical training/recovery to
individuals of varying athletic backgrounds for improved perfomiance and satisfaction of results. We are
dedicated to providing our clients with top-of-the-line care through utilization of innovative movement
assessments and techniques during our individualized one-on-one sessions. In addition to providing
one-on-one training for a full hour, we will provide customized programs for our clients focusing on
addressing deficits related to mobility, stability, and strength while taking into consideration all three
planes of human motion for optimal performance.
Our highly trained clinicians work with individuals of all ages and varying athletic levels and can
therefore provide services to residents of the nearby residential communities. Our clinicians have
additional specialties in working with athletes involved with dance and golf, including injury prevention,
rehabilitation from sport-related injuries, and sport-specific training. There are 10+ dance studios and 4+
golf courses in the city of Carlsbad, with a dance studio and golf training facility located within the
Palomar Forum Business Park. Therefore, our speciality services will also contribute to serving the needs
of our neighboring tenants and the surrounding community.
Project and Land Use
The facility is proposed to be located at 3141 Tiger Run Ct #114 Carlsbad, CA 92010. The suite is 1,739
square feet, with 625 square feet of office space. The proposed facility will utilize 1,114 square feet of
warehouse space for physical training/recovery pmposes and reserve the front office space for
administrative uses and restroom facilities. No changes to the existing floor plan design will need to be
made.
The warehouse area will be utilized as a training and recovery area with 2 treatment/massage tables, 2
TRUE Stretch machines, a stationary bike/treadmill, and various weight training equipment. The
warehouse flooring will be covered with either artificial turf or impact absorbing material. One side of the
walling will consist of mirrors for visual feedback during exercises.
,-.,
Noise
Noise will be very minimal. We will be operating indoors with no loud music that would affect other
tenants. Walls in between units are concrete which will also reduce any noise from unit to unit.
Safety
Clients visiting the facility will strictly be on a one-on-one training basis. They will not be allowed to
freely come and go to do workouts, which will significantly cut down the risk of injury in this facility.
The trainers will be required to pass a background check and carry current copy of license on them at all
times. We will closely monitor and stay up to date with the Centers for Disease Control and Prevention
(CDC), World Health Organization (WHO), and local public agencies' latest updates and precautions
relating to the COVID-19 pandemic. All clients will be screened prior to their sessions through relevant
questions (regarding travel/cold or flu-like symptoms) and a temperature check. Our administrative
person, clients, and trainers will all be required to wear a protective mask, practice effective hand
washing, and maintain social distancing when possible. All surfaces and equipment will be wiped down
with sanitizing solution after each use. The safety of our clients is our top priority, and we plan on
maintaining a healthy and safe working environment for everybody.
About the Owners
Dr. Brittany Revell was born and raised in Carlsbad and received her Doctorate in Physical Therapy from
Chapman University in Irvine, CA. Her interest in human movement developed at a young age as a
competitive dancer, gymnast, and cheerleader in the Carlsbad area. This deep interest in movement
quickly evolved into her lifelong passion to help others realize the full potential of their bodies. Dr. Revell
is certified in Applied Functional Science and specializes in working with dancers and female athletes.
She enjoys helping individuals of all ages/abilities return to participating in the athletic activities they love
to do and is passionate about helping the people in the community she was brought up in.
Dr. Michael Hollstegge has been a resident of the city of Carlsbad for over 8 years working as a licensed
physical therapist and a certified golf fitness instructor. He got his Doctorate in Physical therapy locally
from the University of St. Augustine in San Marcos, CA. He has worked with golf courses in the
community to help with fitness camps for children and adults. Michael is also certified in Applied
Functional Science and is able to help individuals identify the imbalances in their body to help create an
adequate training program that meets all of their physical athletic needs. He is excited to utilize this
proposed athletic training and recovery facility to help members of the community get back to playing
golf and to improve their fitness so they can get back doing the activities that they love.
3141 Tiger Run Court Suite 114 Photographs:
NORTH
WEST
' '
SOUIB
EAST (Building 3141)
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):
Iii 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 !£! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Brittany Revell
Address: 2192 Corte Limon Carlsbad, CA 92009
Phone Number: (760) 331-a111 ·-------------
p~gra~~JjYJ?'{':/t;'i~alifomla limited partnership
By: Amel Commercial Properties Name:---1tt~s~A~ge~a~t _______ _
Address:949 South Coast Drive, Suite 600
Costa Mesa, CA 92626
Phone Number: . ....>.:.(7..:.14..._}...;.;48:;.;1-=-5c=.OO:::.;:o:-_____ _
Address of Site: 3141 liger Run Court, Suite 114 Carlsbad, CA 9201 o
Local Agency (City and County):._C_ity.:..._ot_c_a_rts_b_ad_. _san_D_ieg-=-o _eo_u_nty ______________ _
Assessor's book, page, and parcel number:___;;2;:;2.;.;10;..:.1.:.:40==2.:.:oo;__ _______________ _
Specify list(s): Hazardous Waste & substance sites list.
Regulatory Identification Number:. ________________________ _
D;;~·-:---~-
1
___ 8/3_0_120_2_0-------~-----;o----,,,.0.q_--1-0-12-512_0_2_0_
Applicant Signature/Date Property Owner S~e
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
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: \ lP N (.)\I 'Lo 1..l) (To be completed by City)
Application Number(s): QJJP Ji).2.J)-0(}\0
General Information
1. Name of project: _R_e_K_i_ne_c_te_d _______________________ _
2. Name of developer or project sponsor: _B_ri_tta_n..;.y_R_e_v_el_l ______________ _
Address: 2192 Corte Limon
City, State, Zip Code: Carlsbad, CA 92009 ___ ....;_ ______________________ _
Phone Number: (760) 331-8111 ..;._--:...---------------------------
3. Name of person to be contacted concerning this project: _s_ta_n_W_e_ile_r _________ _
Address: 2888 Loker Avenue East, Suite 217
City, State, Zip Code: Carlsbad, CA 92010 -----'------------------------
Phone Number: (760) 929-2288 Ext. 402
4. Address of Project: 3141 Tiger Run Ct. Suite #114 Carlsbad, CA 92010
Assessor's Parcel Number: 221-014-02 -------------------------
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:
N/A
6. Existing General Plan Land Use Designation: --'-P--'-M"-'------------------
7. Existing zoning district: ....:...P-'-M-'-------------------------
8. Existing land use(s): ___;;C;..;;o....;.m;.;.;m..:..;e::.;.;ri;.;;.ca:;;l...;../..:.:.ln.;..;;:d;.:;u;:.;st;;..;.ri:;;al __________________ _
9. Proposed use of site (Project for which this form is filed): One-on-one athletic training and rehabilitation
Project Description
10. Site size: See attached site plan
11. Proposed Building square footage: Existing: 1739 SF facility (625 SF office+ 1114 SF training area)
12: Number of floors of construction: _E_x_is_ti-'ng,._:_s_in.,,,_g_le_s_to_r,_y ______________ _
13. Amount of off-street parking provided: Existing spaces: 80 (3141 Tiger Run Ct.)/ Required: 5 spaces (Suite #114)
14. Associated projects: _N_o_ne ________________________ _
P-1 (D) Page2of 4 Revised 07110
.,..
15. If residential, include the number of units and schedule of unit sizes: _N_IA ________ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _N_/A ___________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
No loading facilities are needed for this use.
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: __._N ..... {A ... ______ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clear1y why the application is required: ____________________ _
This is a Minor CUP in the P-M zone.
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 D 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D (2)
27. Site on filled land or on slope of 10 percent or more. D 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0
31. Relationship to a larger project or series of projects. D 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: 8/30/2020 Signature: -~--'----------------
For:
P-1 (D) Page 4of 4 Revised 07/10
('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) please call (760) 602-4610.
Applicant Signature: _£7KW---'-~------------------
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07 /10
(. City of
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
stonn 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
detennines 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: ReKinected PROJECT ID: Palomar Forum
Business Park
ADDRESS: 3141 Tiger Run Ct., Suite 114 Carlsbad, CA 92010 APN: 221-014-02
The project is (check one): D New Development D Redevelopment N/A
The total proposed disturbed area is: N/A ft2 ( N/A ) acres
The total proposed newly created and/or replaced impervious area is: N/A f t2 ( ) 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 Palomar Forum Business Park SWQMP#: UNKNOWN
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 REV02/16
. . ' 0 0
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 Ill □ 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):
The project proposed includes only interior changes 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; □ □ 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? □ □
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
To detennine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
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 rivate 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 .
1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21 .203.040
YES NO
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
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 infonnation.
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.
. . 0 0
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 aoolicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the 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
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
bZI My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: Brittany Revell Applicant Title: ReKinected
Applicant Signature: &Szo Date: 10/10/2020
.. .. • Environmentally Sensitive Areas include but are not hmIted to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Waler Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box tor Citv Use Onlv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
, '
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First American Title Insurance Company
National Commercial Services
November 03, 2020
xBrittany Revell
ReKinectecl Physical Therapy Inc.
2192 Corte Limon
Carlsbad, CA 92009-9020
Phone:
Fax:
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
18500 Von Karman Ave, Suite 600
Irvine, CA 92612
3141 Tiger Run Court
Kristen Hueter
(949)885-2450
(714)481-9745
khueter@firstam.com
3125, 3132, 3133 and 3141, llger Run Court, Carlsbad, CA
PREUMINARY REPORT
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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 Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. 7he 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.
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.
First American Title Insurance Company
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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 tD the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
First American Title Insurance Company
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Dated as of October 28, 2020 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
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:
PALOMAR MELROSE LP SUCCESSOR BY CONVERSION TO PALOMAR MELROSE LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
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 2020-2021.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$81,166.31, OPEN
$0.00
$81,166.31, OPEN
$0.00
09019
221-014-01-00
(Portion of Community Facilities District included)
(Affects Portion of Lot 1)
2. General and special taxes and assessments for the fiscal year 2020-2021.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$11,227.92, OPEN
$0.00
$11,227.92, OPEN
$0.00
09184
221-014-06-00
(Portion of Community Facilities District included)
(Affects Portion of Lot 1)
First American Title Insurance Company
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3. General and special taxes and assessments for the fiscal year 2020-2021.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$84,011.08, OPEN
$0.00
$84,011.08, OPEN
$0.00
09019
221-014-02-00
(Portion of Community Facilities District included)
(Affects Lot 2)
4. General and special taxes and assessments for the fiscal year 2020-2021.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$107,207.44, OPEN
$0.00
$107,207.44, OPEN
$0.00
09019
221-014-04-00
(Portion of Community Facilities District included)
(Affects Lot 8)
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5. 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 November 17, 2005 as Instrument No. 2005-0998003 of Official Records.
6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the catifornia Revenue and Taxation Code.
7. An easement for Road & public utilities and incidental purposes, recorded February 27, 1978 as
Instrument No. 78-076055 of Official Records.
In Favor of:
Affects:
Janice Lee Collins, et al
as described therein
8. The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Transportation Corridor(s) case No: CT 99-06" recorded October
18, 2002 as Instrument No. 2002-0913259 of Official Records.
9. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property"
recorded October 18, 2002 as Instrument No. 2002-0913314 of Official Records.
Arst American Title Insurance Company
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10. Covenants, conditions, r~ctions, easements, assessments, liens, char§"'es, terms and provisions in
the document recorded January 10, 2003 as Instrument No. 2003-0035144 of Official Records, which
provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or
deed of trust made in good faith and for value, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, national origin, sexual orientation, marital status, ancestry, source of income or
disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of
the United States Codes. 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.
11. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded May 27, 2004 as Instrument No. 2004-0494022 of Official Records.
12. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded May 27, 2004 as Instrument No. 2004-0494023 of Official Records.
13. Abutter's rights of ingress and egress to or from Melrose Drive, Palomar Airport Road, Eagle Drive
and Tiger Run Court, except at access openings have been dedicated or relinquished on the map of
Carlsbad Tract No. 99-06, Palomar Forum of Tract Maps recorded June 29, 2004.
14. An easement shown or dedicated on the map filed or recorded June 29, 2004 as Carlsbad Tract No.
99-06, Palomar Forum of Tract Maps
For: private drainage, Sight distance corridor and incidental purposes.
15. The terms and provisions contained in the document entitled "Agreement Regarding Annexation of
Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carlsbad"
recorded March 16, 2005 as Instrument No. 2005-0216788 of Official Records.
16. An easement for avigation and incidental purposes, recorded June 15, 2006 as Instrument No. 2006-
0424382 of Official Records.
In Favor of:
Affects:
County of San Diego, a political subdivision of the State of
California
As described therein
The location of the easement cannot be determined from record information.
17. An easement for public utilities and incidental purposes, recorded August 18, 2006 as Instrument No.
2006-0590191 of Official Records.
In Favor of:
Affects:
San Diego Gas And Electric Company, a corporation
As described therein
18. The rights, if any, of a city, public utility or special district to preserve a public easement in Tiger Run
Court as the same was vacated by the document recorded September 27, 2006 as Instrument No.
2006-0688403 of Official Records.
19. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property"
recorded October 06, 2006 as Instrument No. 2006-0714463 of Official Records.
First American Title Insurance Company
20.
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An easement for telecommunication equipment and incidental purposes, recorded November 30,
2006 as Instrument No. 2006-0850933 of Official Records.
In Favor of:
Affects:
Coxcom dba Cox Communications of San Diego, a Corporation
as described therein
21. The terms and provisions contained in the document entitled "Agreement Between Developer/Owner
and the City of Carlsbad for the Payment of a Local Drainage Area Fee Increase" recorded January
12, 2007 as Instrument No. 2007-0026888 of Official Records.
22. An easement for waterline and incidental purposes, recorded March 8, 2007 as Instrument No. 2007-
0160765 of Official Records. --
In Favor of:
Affects:
Carlsbad Municipal Water District, a Public Agency organized
under the Municipal Water Act of 1911, and a Subsidiary District
of the City of Carlsbad
As described therein
23. The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded March 8, 2007 as Instrument No. 2007-0160766 of Official Records.
24. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property"
recorded March 10, 2008 as Instrument No. 2008-0124369 of Official Records.
25. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best
Management Practice Maintenance Agreement" recorded June 16, 2008 as Instrument No. 2008-
0322655 of Official Records. --
26. The terms and provisions contained in the document entitled "Certificate of Compliance, Non-
Residential Condominium" recorded July 3, 2008 as Instrument No. 2008-0358084 of Official
Records.
27. The terms and provisions contained in the document entitled "Joint Use Parking Agreement"
recorded July 3, 2008 as Instrument No. 2008-0358085 of Official Records.
28. A document entitled "Condominium Plan for Palomar Forum Business Park C.T. 06-11" recorded July
3, 2008 as Instrument No. 2008-0358086 of Official Records.
29. An easement for Public utilities and incidental purposes, recorded February 19, 2016 as Instrument
No. 2016-0072009 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a Corporation
as described therein
30. Water rights, claims or title to water, whether or not shown by the Public Records.
31. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be
made concerning the existence of any unrecorded lien or other indebtedness which could give rise to
any security interest in the subject property.
32. Rights of parties in possession.
Arst American Title Insurance Company
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INFORMATIONAL NOTES
ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closing.
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 Structure known as 3132-3146 and 3125-3129 Tiger
Run Court, 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. 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. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of (alifornia.
4. 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 CAUFORNIA 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. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. 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;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
First American Title Insurance Company
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5. 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 LIABILITY 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. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. 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.
****~o obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
Rrst American Tttle Insurance Company
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE NO ADJ 05-03 AS EVIDENCED BY DOCUMENT
RECORDED DECEMBER 01, 2006 AS INSTRUMENT NO. 2006-854456 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
ALL OF LOTS 1, 2 AND 8 OF CARLSBAD TRACT NO. 99-06, PALOMAR FORUM, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, Sf ATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO.
14831, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 2004,
TOGETHER WITH TIGER RUN COURT, VACATED PER SlV 05-01 BY RESOLUTION NO. 2006-276 OF THE
CARLSBAD CITY COUNCIL ON SEPTEMBER 19, 2006 AND RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 2006 AS
INSfRUMENT NO. 2006-0688403, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ONE-HALF OF ALL MINERALS IN, ON OR UNDER SAID LAND, AS RESERVED BY
BUTON 0. HIGHTOWNER, A WIDOWER, IN THE DEED RECORDED MAY 19, 1959
IN BOOK 7669, PAGE 361 OF OFFICIAL RECORDS.
APN: 221-014-01-00 (Affects Portion of Lot 1); 221-014-06-00 (Affects Portion of Lot 1); 221-014-02-00
(Affects Lot 2) and 221-014-04-00 (Affects Lot 8)
First American Title Insurance Company
C
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
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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
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
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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; (e) land division; and
(c) land use; (f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your "Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
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 DoHar
Limit of UabiHty
$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. The 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
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
First American Title Insurance Company
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(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.
5. 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 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 aaimant 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 transaetion
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 U(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:
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.
Rrst American Tttle Insurance Company
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6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
t'dyt: NUIIIUt:1; lJ
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 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 litle.
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 litle for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
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.
First American Title Insurance Company
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ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (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 (induding 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 daims, 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 Qaimant 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 transaetion
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.
First American Tttle Insurance Company