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HomeMy WebLinkAboutCT 13-05; State Street Townhomes; Tentative Map (CT) (2)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECKBOXES) Develooment Permits (FOR DEPT. USE ONLY) I I Administrative Permit I I Coastal Development Permit (*) CH Minor • Conditional Use Permit (*) I I IVIinor CH Extension I I Environmental Impact Assessment I I Habitat IVIanagement Permit CD Minor r~l Hillside Development Permit (*) I I Planned Development Permit I I Residential CH Non-Residential CH Planned Industrial Permit I I Planning Commission Determination Site Development Plan CH Special Use Permit ^K^Tentative Tract Map/Parcel Map I I Variance CH Administrative Legislative Permits I I General Plan Amendment I I Local Coastal Program Amendment (*) I I IVIaster Plan [d Amendment I I Specific Plan CH Amendment I I Zone Change (*) I i Zone Code Amendment South Carlsbad Coastal Review Area Permits • Review Permit I I Administrative CH Minor CH Major Villafte Review Area Permits I I Review Permit I I Administrative CH Minor Major (*) = eligible for 25% discount (FOR DEPT. USE ONLY) flip 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).: 155-200-07, 203-054-19 & 20 & 21 & 22 PROJECT NAME: State Street Townhomes BRIEF DESCRIPTION OF PROJECT: 41 Market Rate and 6 Inclusionary Row Townhomes (3 story attached condominiums) with ground level office/flex space for live-work.' BRIEF LEGAL DESCRIPTION: Lots 12 -18 in Seaside Lands, City of Carlsbad, Map No 1722. LOCATION OF PROJECT: ON THE: West 2531 - 2589 State Street, Carlsbad, CA STREET ADDRESS SiDE OF State Street (NORTH, SOUTH, EAST, WEST) BETWEEN Laguna Drive (NAME OF STREET) AND Beech Avenue (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 11/12 OWNER NAME (Print): CBSS, LLC, c/o SRM Development MAILING ADDRESS: 111 N. Post Street, Suite 200 /f PLIOANT-ftAME (Print): The Kornberg Family Trust MAILING ADDRESS: 10880 Wilshire Blvd., Suite 1600 CITY, STATE, ZIP: Spokane, WA 99201 CITY, STATE, ZIP: Los Angeles, CA 90024 TELEPHONE: TELEPHONE: EMAIL ADDRESS: jim@srmdevelopment.eom EMAIL ADDRESS: hck(gkomberglaw.com 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT 1 AM THE LEGAL REPnCCCrjTATIVIH OF Tl IC OWNCR AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ^^•^URE DATE mm'"' APPLICANTIi WEPnEOCrJTATIVE (Print): Intracorp Socal-1, LLC / Mr. Ken Benson MAILING ADDRESS: 4041 MacArthur Blvd, Suite 250 CITY, STATE, ZIP: Newport Beach, CA 92660 TELEPHONE: 949 955-2370 EMAIL ADDRESS: kbenson@intracorpcompanies.eom 1 CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CipijlRECT TO^PHE BEST OF MY KNOWLEDGE. NATURE^ ^ 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 PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED CITY OF CARLSBAD DATE STi^yil^Af P4ic?^@dQI^I£iP^ RECEIVED BY: p-1 Page 2 of 6 Revised 11/12 OWNER NAME (Print): CBSS, LLC, c/o SRM Development -APPLIGAWT-WAME (Print): The Kornberg Family Trust MAILING ADDRESS: 111 N. Post Street, Suite 200 CITY, STATE, ZIP: Spokane. WA 99201 TELEPHONE: fOC^ <^ jQiAM^ ^^'^^^^^ EMAIL ADDRESS: jim(@srmdevelopment.com MAILING ADDRESS: 10880 Wilshire Blvd., Suile 1600 CITY, STATE. ZIP: Los Angeles. CA 90024. TELEPHONE: EMAIL ADDRESS: hcktgkomberglaw.com I CERTIFyTHATT; AM THE LEGAL OWNf R AND THAT ALL THE ABOVE INFORMiATIDN 1$ TRUE AND COi«fECT TO THE BEST OF MY KNOyVLEDGE. y I CERTIFY THAT I AM THE LEGAL RET'nCijiCHTATl'l/E Or Tl IQ-OWNCff AND THAT ALL THE ABOVE iNFORMATiON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE SIG^JATURE DATE / APPLlCANTIiWijPnCOCrJTATIVE (Print): Intracorp Socal-1, LLC / Mr. Ken Benson MAILING ADDRESS: 4041 MacArthur Blvd. Suite 250 CITY, STATE, ZIP: Newport Beach, CA 92660 TELEPHONE: 949 955-2370 EMAIL ADDRESS: kbenson@intracorpcompanies.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPUCANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CffiHRECT TCWTHE BEST OF MY KNOWLEDGE. IJA C^J.^•) IlM2£}S_ steNATURE 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 PROPERpWF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH THE LANSTSavn>BIND ANY SUCCESSORS IISl-flSlTEREST r)ie-AIvn>BIND ANY T^^FROPERTY OWNER SIGNATURE FOR CITY USE OMLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 6 Revised 11/12 OWNER NAIME (Print): CBSS, LLC, c/o SRM DeveloiMnmtt MAIUNO A0DRE88: 111 N. PostStraet, Suite 200. crrr. STATE, ZIP: Spokan*.WA 99201 APPBOrtWTWAME (PrinO: The Kornberg Family Tmst MAIUNG AODRESS: 10880 Wllshire Blvd., Suito 1600 CITY, STATH. ZIP: Los Angeles. CA90024 TELEPHONE: TELEPHONE: BAAIL ADDRESS.: jlm®srmdeivelopmentoom EMAILADDRESS: hck@kombeiiglaw.eom 1 CERTIFYTHAT 1 AU THE LEOAL OWNER ANO THATALL THE ABOVE INFORMATION IS TRUE . AND CORRECT TO THE BEST OF MY KNOWLEDGE. i CERTIFY THAT 1 AM THE LEOAt WCPnCDCtrrWlWe or Tl KHWHCft AND THAT AU. THE ABOVE iNFORMATiON IS TRUE ANO CORRECT TO THE BEST OP MY KNOWLEDQE. ||^^[URE DATE iW*^ DATE APPLICANT^ nDPncoDlTATlW (Print): IntTBCorp Socal-1, LLC / Mr. Ken Benson MAIUNQ ADDRESS: 4041 MaoArthur Blvd. Suite 250 CITY, STATE. ZIP: Newport Beach. CA92660 TELEPHONE: 949 956-2370 EMAIL AISDRESS: kbenson^ntracorpcompanles.oom 1 CERTIFY THAT 1 AM fV£ LEOAL REPRESENTATIVE OF THB APPUCANT AND THAT Aa THE ABOVE INFOIttlATION 13 TRUE AND (^ffi^CTTj^E BEST OF MY IC^IOV^^ stwATURE ^ DATE IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS OR iCITV COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPUCATION. WME CONSENT TO ENTRY FOR THIS PURPOSE. Nonee QP REI RECOROEOON THE UCnON: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING PIE TITLB TQJH©PR0PERTY IF CONOmONED FOR THE APP;.ICANT. NATICE OF RESTRICTIONS RW WITH AND ANY SUCCESSORS IN INTEREST. POR CITY USE OMLY DATE STAMP APPUCATION RECEIVED RECEIVED BY: P-l Page 2 of 0 Revisad 11/12 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation ofthe subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financiai size of $50-$100 (currently class Vll) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the Cfty of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business Is operated on the pubiic sidewalk. This agreement is a condition of the issuance of this administrafive permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature : Date: Certification Statement: I Certify that I am the Legal Propertv Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effecrf&ikas long as outdoor displays are pennitted within the Village Review Area and the permittee remains in>compliarn:^ with the subject ap{^relved permit. Sianature V. y / ^ HI Date: / 7 / ^ ly^ —• p-1 Pages of 6 Revised 11/12 Indemnlflcatfon and Insurance Requirement for Village Area Admlnlstrat[va Psrmit CerHffoaflon Statamdnt t Certity ^at I am the L^oal Bualnaaa Owner of the subject business and that ali of the above Information is tme and correct to the best of my knov^edge. I agree to accept and abide by any conditions placed on the subject project ae a resuft of approval of UTIS apptioation. I agree to indemnliy, hold hannless, and defend the City of Calsbad and its officers end employees from all olabns, damage or liability to persons or properfy arising from or caused directly or indirectly by the instaliation or placement of the sutiject property on the public sMewaik and/or the operation ofthe subjeot buainess on the public sidewalk pursuant to this pennit unlesa the damage or llebility waa caused by tiie aole active negligence of the City of Carisbad or its offlcera or emptoyees. I have submitted a Certifteate of insurance to the CKy of Carlsbad in the amount of one million dollars Issued by a oompany which has a rating in the latest 'Besfs Rating Guide" of "A-" or better and a Rnanclal size of $60-$100 (currently class Vli) or bsttsr which lists ths City of Carlsbad as "additional bisured" and provides primary coverage to the City. I aiso agree to notiiy the City of Carlsbad thirty days prior to any cancellation or expiration of the polity. The notice shall be delivered to: City Planner City of Carisbad 163S Faraday Avenue Carlstad The Insuranoe shaD remain In efiect for as long as the properly Is placed on the publio sidewalk or the business is operated on the public sidewalk. Thb agreement is a condition of tfie Issuance of fhls^adminlstraiive permit for the subject of tttia permit on the public sidewalk, i understand that an approved admbiistrative permit shaO remain In eflisct for as long as outdoor displays are perniHfed within the Village Review Area and fhe perniitise remains in compliance with the subject approved permit. Date;. CerfWcafAM Ststdrndnt. I Ceitiiy that i am tiie Leqaf Property Owner for tite subject business location and tiiat ail of tiie above Information is tme end correct to the best of my Knovi/iedge. I support the applicant's request fbr a pemiit to place the subject property on tiie public tfdewaik. I understand that an approved adminlstretive pennit sh^l remain In effect for ae iong as outdoor dl^lays are permitted wlUifn the Village Review Area and ihe permittee remains in compiisn/e with the subject approved permit. Date: p.1 Pi^3afe Ravlsad 11/12 DISCLOSURE Development Services <^ #f^ STATEMENT planning Division CITV OF p <|/A\ 1635 FaradayAvenue PARI *\RAr> (760)602-4610 V^/^r\t—JLJ/^L.^ www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all appiications 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 mdividual, firm,;co-partnership,: joint venturet;association, social club, frat^^ organization; corporation. estate, trust, receiver; syndicata, in this. and any other CO citymunicipalityi districtor other politicatsubdivision orany othefigroup or combination acting as a unii"-;' Agents may signithis'document; however;: the legal name and:entity ofthe applicant and property owner must be provided below. ' ' 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financiai interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of ail individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPUCABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person , Corp/Part Title Title Address Address. OWNER (Notthe owner's agent) Provide the COWPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the iegal 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 individuais owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, if a publiclv-owned corporation, inciude the names, titles, and addresses ofthe corporate officers, (A separate page may be attached if necessary.) PersonV ^Om.MMrcj Com/Part f-J^^^fC.(_C. Title Title // t/n / /> <v ^/ ^ ^c^^^y Address Address fl/ AJ. /V^r ^F- Jr^^^ p.1(A) Pagel of2 Revised07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oraanization nr a tnigt, list the names and addresses of ANY person serving as an officer or director ofthe non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Q Yes ^ No if yes, please indicate person{s):_ NOTE: Attacti additional sheets if necessary. I certify that all the above ipftrmation is true and correct to the best of my knowledge. wner/date Signature of applicant/date Print or type name of owner 3f owner * -^/.^^ Print or type nameof applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-UA) Page 2 Of 2 Revised 07/10 CBSS. LLC Ownership in excess of 10% Bryan P. & Cheryl A. Stone c/o SRIVl Development, LLC 111 N. Post Street, Suite 200 Spokane, WA 99201 Dee J. McGonigle 111 & Mary A. McGonigle c/o SRM Development, LLC 111 N. Post Street, Suite 200 Spokane, WA 99201 James D. & Elizabeth A. Rivard c/o SRM Development, LLC 111 N. Post Street, Suite 200 Spokane, WA 99201 ^ Ci;TV OF DISCLOSURE STATEMENT Develooment Services Planning Dillon ^ Ci;TV OF P- 1(A) 163S FaradayAvenue CARLSBAD P- 1(A) (760)602-4610 wiMw.c8rlsbadca.gov Applicant's statement or disclosure of certain ownership Interests on ali applications whfch will require discretionary a(^on on the part of tiie City Council or any appointed Board, Commission or Committee. The following Infomnation BflUST be disclosed at tiie time of application submittal. Your project cannot be reviewed until this Infbrmation Is completed. Please print. APPUCANT (Not the applicant's agent) Provlda the COMPLET6. LEGAL names and addresses of ALL persons having a financial interest In the application. If the applicant includes a corporation or partnership, include die 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-APPUCABLE (N/A) IN THE SPACE BELOW. If a PubHdv.-Qwned gprporatlon. Include the names, titles, and addresses of tfie corporate ofRcers. (A separate iiage may i^e attached if necessary.) >.o«>co »C4,^:g.€V^6— corp/Pait Peraon. Tttle. TKIe_ Addreas ^ ^^r^A^^^'T^ Address OWNER (Not the owner's agent) Provide tiie COMPLETE. LEGAL names and addresses of ALat, persons having any ownership interest in ttie properiy Involved. Also, provide the nature of ttie legai ownership (i.e., partnership, tenants In common, non-profit, corporatton, etc.). If tiie ownership includes a corporation c oartnershto. Include ttie names, titles, addresses of ail Individuals owning more tiian 10% oftiie shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publ|^?|Y-own^ corooretlpn. Include tiie names, tities, and addresses of ttie corporate officers. (A separate page may be attached If necessary.) Person. Titfe. Corp/Part_ Tifle Address .S*.-^ Address. ,.-p.ass-1.o(2.. -Revised.(n/lOv, NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above Is a nonprofit organization or a imst. list tiie names and addresses of A|*iY person senring as an ofRcer or dire(A}r ofthe non- proflt organization or as tmstee or beneficiary ofthe. fton Proflt/TmBt Non Profitn'ruat Titie Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staif, Boards, Commlsskins, CcmmittBes and/or Council within the past twelve (12) monUw? I 1 Yes j^^o If yes, please indicate per8on(s):. NOTE: Attach additional sheets If necessary. I certify Uiat aU^e above infomnation is true and conect to the best of my knowledge. SIgiKiture of oWhei^te Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent If ap{4lcable/date Print or type name of owner/applicanf s agent —P'lW ••' —— —• — v-Rmaed-07/ie- .A. HAZARDOUS WASTE pevelooment Services AND SUBSTANCES Planning Division \/ CITY OF QTATPIUiPMT 1635 Faraday Avenue CARLSBAD pi,c7 ""'T''" ^# «> «>-.w^f »«-^ n-HO; www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Govemment Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 ofthe State Government Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Hame:^^7^C^/i^ ^^^^'I,IA^ Name: Address: Address: Phone Number: Phone Number: Address of Site: Local Agency (City and Countv): /^^t7ZlS%/H>^ l>l£^iO Ciivrty Assessor's book, page, and parcel number: /^5"-^^""^7y 2-^^-g$'f l'^fLi^{7Ji'2Jl~-' Specify \\%\(%\.l>riCll^%ApmOi t^^firtff^ j £>i^,6,^h4Ui Lii,^ P^Qg" .^^Zf^g/J ^ x Regulatory Identification Number: /^•^ Date of List: Applicant Signature/l5^ate (A Property Owner Signature/Date 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 lof 2 Revised 02/13 CITY OP CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Deveiopment Services Planning Division 1635 Faraday Avenue (760( 602-4610 www.carlsbadca.gov Consultation of Usts 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 Califomia Environmental Protection Agency and hereby certify that (check one): The deveiopment project and any alternatives proposed in this application are r)pt contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. I I The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. APPLICANT PROPERTY OWNER Name: C^'^S . CU^CL Address: 4^^l Mi^c-Jhmhfi- -gt-Vp . Si'iT^ Address: 111 k) ./A^^T 77- Srtr'2^g> Phone Number ^SS-'^70 ^^^^^^ Number: 5^-^-CC"XY7 7 Address of Site:. Local Agency (City and CountvV t/r/U-SJim . $rh^ 2>i£Zi>> C&ur/ty ^ Assessor's book, page, and parcel number: -t^^^'^l, Z^^-ogff Specify \i&usY PT$ cll^smxi>JS j^JHirer jSt^^iM^i Ui,^ f^fS2?-te>jJ ^.^ ^ Regulatory Identification Number: Date of List: Pl*^^ ^^^tfhfr^ 'S.iyC /fe^gj^At gc^T"' Applicant Signature/Date T Prop^^l^Ovvner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) page 1 of 2 Rewsed 02/13 ANO SUBSTANCES PlannlmOMiUn r-YoiCDAn STATEMENT '^"flST.lSZ'. CARLSBAD p.i(C) Consultation of Lists of Sites Ralatad to Hazaidous Wastes (Certification of Compliance with Govemment Code Sectbn 6SB82.S) Pursuant to State of California Govemment Code Section 65g62.5, I have oonsuited the Hazanlous Waste and Substances Sites List compiled by tiie Canfornla Envlronmontal Proteotion Agency and hereby oertiiy that (check one): The development pioject and any alternatives proposed In tills application are net contained on tiie Nats compiled pursuant to Section 68962.5 of ttie State Government Code. Q The development pio|ect and any alternatives proposed In this appilcatioci a£g contained cn ttie lists compSed pursuant to Section 659^.5 of the State Govemment Coda APPLICANT PROPERTYOWNER Uem6-:^SmA^tU> ^^^i^'/M^ Neme: Address:. Address:. Phona Number Phone Number^ AddieasofStte: t^Zl-t^^^ Srf*T£. Sr-, C*HU(gAV^ Local Asency (CKy end CounM: d^tlUs^rH> ^ £ff*^ i»^4«^ CjuAy Assessor's book, pege, and parcel number: i^S-^^^''^'^, l^'^-O^^'i^yL&iTA'fVl^ ReaulatfuyldarttiBeatlon Number Acr- DateofUat:. ^Igg PHAS.<, JZ ^ISfii^iMi /fese^ig^ Applicant SEgnature/CiE^e cA Property irty Q^ner Signature/Date PtH>\^ €/yM8^ S/&M|M»tf Bt (Cortese i The Hazardous Waste and Substances Sites Ust (Cortese LIsQ is used by tiie State, local agencies and developers to comply witii the California Environmental Ouality Act requirements In providing Information about tiie location of hazardous materials release sites. ..£4(0 , , E88a4.0f.2 ,.,__Ravf8ed.02ffl3.. CITYOF ^0A. AND SUBSTANCES ^i;;;;^];;;^^;;; CARLSBACrW STATEMENT l^SS FaradayAvenue p Aff^\ (760)602-4610 ' ~'\^/ www.carlsbadca.gov Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list" many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this infomiation is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "lisf are now refen-ed directly to the appropriate information resources contained on the Intemet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control wvw.calepa.ea.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.qov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Sen/ices www.co.san-dieqo.ca.us/deh Hazardous IVlaterials Division www.sdcountv.ca.qov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O, Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880. fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.qov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www, epa • q ov/su perf u nd/sites/n pl/npl. htm P-1(C) Page 2 of 2 Revised 02/13 INTRACORP W^HERE THE EXTRAORDINARY IS DEVELOPING November 19, 2013 City of Carlsbad Development Services 1635 Faraday Avenue Carlsbad, CA 92008 RE: Submittal for Major Land Use Review/TTM and Entitlement Approvai for residential project in the Village Master Plan, located at 2531 - 2589 State Street in the City of Carlsbad. Carlsbad City Staff, Following-up from the Preliminary Plan Review conducted by City Staff as PRE 13-31, we have made certain modifications to the project and are hereby submitting for formal review and entitlement approval. The project consists of 41 market rate 3 story townhomes with ground floor home offices and 6 inclusionary 2 story townhomes. Units fronting State Street will include live/work type aesthetics to conform with State Street commercial uses and the master plan. The~&KMld flooxspaceJ&i^ to ejijCQura^e^home o^ for residents. Active storefKmis-andiximnierci^ signage will be restricted. Included herewith Is a copy of the Sound Study which evaluates the Impacts of the RR on the proposed project. The recommendations reflect the Sound Wall (6' perimeter wail) as per the landscape plan. Additionally, the buildings will Include the recommended sound dampening windows and mechanical air exchange. The following Items are Included with the formal Submittal: FORMS/DOCUMENTS: Check In the Amount of $16,116 Application PI, with Applicant and Owner Signature pages Disclosure Statements PI (a) This Cover letter with Project Description (In-Lleu of P1(B) Hazardous Waste Statement P1(C)Submlttal Letter and Project Description EIA Information Form P1(D) Compliance Summary Matrix to Preliminary Review 13-31 Comments (Dated 11/19/13) Phase I Environmental Assessment by Hillman Consulting Preliminary Hydrology Report 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 Preliminary Storm Water Management Plan Preliminary Title Report from Chicago Title ALTA Survey Building Exterior Color and Material Boards, by WIthee Malcolm 600' Radius Map, Certification and Mailing Lables PLANS: AOI Project Data and Vicinity Map (WIthee Malcolm) Cl Site Plan (RBF) C2 Vesting Tentative Tract Map (RBF) C3 Preliminary Grading Plan (RBF) C4 Flre Access Plan (RBF) Ll Landscape Concept Plan (SMP) L2 Landscape Planting Plan (SMP) L3 Conceptual Water Conservation Plan (SMP) A101 Architectural Site Plan (WIthee Malcolm) A102 Roof Plan (WIthee Malcolm) A201 Inclusionary Unit Plans - Unit A (WIthee Malcolm) A202 Unit B Plans, Levels 1 - 3 (WIthee Malcolm) A203 Unit B Plans, Roof Terrace and Roof Plan (WIthee Malcolm) A204 Unit B3 Plans, Levels 1 - 3 (WIthee Malcolm) A205 Unit B3 Plans, Roof Terrace and Roof Plan (WIthee Malcolm A206 Unit C Plans, Levels 1 - 3 (WIthee Malcolm) A207 Unit C Plans, Roof Terrace and Roof Plan (WIthee Malcolm A301 Inclusionary Unit Elevations (WIthee Malcolm) A302 Typical State Street Building Elevations (WIthee Malcolm) A303 Typical South Building Elevations (WIthee Malcolm) We look forward to working with you through project approval and delivering this quality project to the market. Please don't hesitate to contact me with any questions or concerns you may have at (949) 757-8461. Regards, Ken Bens&n Vice President 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Titie Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt(a)ctt.com & ken.cvr(a),ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619) 521-3608 Order No.: 00014307-996-U50 Escrow Department: Chicago Title Company Attn: Renee Marshall Email: marshallr@ctt.com Phone: (619)233-3000 Fax: (619)230-6368 Escrow No.: 00014307-004-RMl PRELIMINARY REPORT Property Address: 2539,2541,2551,2577 & 2589 State St. Carlsbad, Ca. Dated as of: August 23, 2013 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set fortii in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form - Modified (11-17-06) Page 1 ^OrderNc: 00014307-996-U50 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: CBSS, LLC, a Washington limited liability company, as to Parcels A, B, & C; and Howard C. Kornberg and Iris K. Kornberg, Trustees of The Kornberg Family Trust dated August 11, 1992, as to Parcel D 3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) Page 2 ^OrderNc: 00014307-996-U50 LEGAL DESCRIPTION PARCEL A: APN 203-054-22 LOTS 16 AND 17 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL B: APN 203-054-21 LOT 15 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL C: APN 155-200-07 THAT PORTION OF LOT 18 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING SOUTHEAST OF A LINE THAT IS PARALLEL WITH AND DISTANT 85 FEET AT RIGHT ANGLES NORTHWESTERLY FROM THE DIVIDING LfNE BETWEEN LOTS 17 AND 18 IN SAID SEASIDE LANDS. PARCEL D: APN 203-054-19 & 20 LOTS 12, 13 AND 14, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 ^OrderNo.: 00014307-996-U50 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2013 - 2014 that are a lien not yet due. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of Califomia THE FOLLOWING MATTERS AFFECT PARCELS A, B, & C: 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: County of San Diego Purpose: public road Recorded: September 20, 1927 as Instrument No. 54720 in Book 1314. page 459 ofDeeds Affects: Lot 17 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: County of San Diego Purpose: public road Recorded: September 20. 1927 as Instrument No. 54723 in Book 1388. page 149 ofDeeds Affects: Lot 18 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: San Diego Gas and Electric Company Purpose: public utilities, ingress, egress Recorded: Julv 1, 1992 as Instrument No. 92-413873 of Official Records Affects: The exact location and extent of said easement is not disclosed of record 6. Any rights, interests, or claims which may exist or arise by reason of the following facts shown on a Survey Plat entitled "ALTA/ACSM Land Title Survey" dated September 1, 2005 prepared by Mark R. Rowson. a. The fact that a block wall encroaches onto the public right-of-way known as State Street. b. The fact that a sign encroaches onto the public right-of-way known as State Street CLTA Preliminary Report Form - Modified (11 -17-06) Page 4 ^OrderNc: 00014307-996-U50 SCHEDULE B (continued) 7. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $5,390,000.00 Dated: October 31, 2005 Trustor: CBSS, LLC, a Washington limited liability company Trustee: Commonwealth Land Title Company Beneficiary: RPR Holdings LLC, a Califomia limited liability company Loan Number: Not shown Recorded: October 31. 2005 as Instrument No. 2005-0946779 of Official Records THE FOLLOWING MATTERS AFFECT PARCEL D: 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: City of Carlsbad, a municipal corporation Purpose: a temporary working easement for a 66-inch storm drain construction Recorded: June 7. 1985 as Instrument No. 85-203664 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: City of Carlsbad, a municipal corporation Purpose: a pennanent easement for storm drain purposes only Recorded: June 7, 1985 as Instrument No. 85-203665 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 10. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $425,000.00 Dated: December 2, 2005 Trustor: Howard C. Kornberg and Iris K. Komberg, Trustees of the Kornberg Family Trust dated August 11, 1992 Trustee: Stewart Title of Califomia, Inc. Beneficiary: The Perl Family Trust dated November 10, 1980 Loan Number: Not shown Recorded: Februarv 23. 2006 as Instrument No. 2006-0127640 of Official Records THE FOLLOWING MATTERS AFFECT ALL PARCELS: 11. Water rights, claims or title to water, whether or not shown by the public records. CLTA Preliminary Report Form - Modified (11-17-06) Page 5 Order No.: 00014307-996-U50 SCHEDULE B (continued) 12. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 13. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a fiill copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 6 ^OrderNo.: 00014307-996-U50 INFORMATIONAL NOTES Note No. 1) The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2) The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, 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. Note No. 3) Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "the Califomia Limited Liability Act, effective September 30, 1994" the following will be required: 1. A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. Note No. 4) If title is to be insured in the Trustee(s) of a Trust, (or if their act is to be insured), this Company will require a copy of the Trust Agreement including all exhibits listing real and personal property transferred into the Trust together with complete copies of any amendments or modifications thereto. The Company must also be fumished with a verification of all present Trustees stating that the copy being fiimished is a true and correct copy of the entire Trust Agreement including all modifications or amendments; that the Trust is currently in full force and effect; and that it has not been revoked or terminated. Note No. 5) Property taxes, for the fiscal year 2012 - 2013 are paid. For information purposes the amounts are: 1" Installment: $9,944.32 Paid 2"^* Installment: $9,944.32 Paid Exemption: $none Code Area: 09098 Assessors Parcel Number: 203-054-22 Property taxes, for the fiscal year 2012 - 2013 are paid. For information purposes the amounts are: r'Installment: $5,532.89 Paid 2"** Installment: $5,532.89 Paid CLTA Preliminary Report Form - Modified (11-17-06) Page 7 •^OrderNo.: 00014307-996-U50 INFORMATIONAL NOTES (continued) Exemption: $none Code Area: 09098 Assessors Parcel Number: 203-054-21 Property taxes, for the fiscal year 2012 - 2013 are paid. For information purposes the amounts are: 1'' Installment: $6,598.59 Paid 2"'' histallment: $6,598.59 Paid Exemption: $none Code Area: 09098 Assessors Parcel Number: 155-200-07 Property taxes, for the fiscal year 2012 - 2013 are paid. For information purposes the amounts are: 1" Installment: $9,302.24 Paid 2'"* Installment: $9,302.24 Paid Exemption: $none Code Area: 09098 Assessors Parcel Number: 203-054-19 Property taxes, for the fiscal year 2012 - 2013 are paid. For information purposes the amounts are: 1" Installment: $4,625.67 Paid 2"'* histallment: $4,625.67 Paid Exemption: $none Code Area: 09098 Assessors Parcel Number: 203-054-20 MLM. CLTA Preliminary Report Form - Modified (11-17-06) Pages • Effective Date: 5/1/2008 . J _ Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal infonnation ("Personal Infomiation") and protecting your Personal Inforniation Is one of our top priorities. This Privacy Statement explains FNFs privacy practices, including how we use the Personal Infomation we receive from you and from other specified sources, and to whom It may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Infomation we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information and income information; • Information we receive from you through our Internet websites, such as your name, address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as Infomation concerning your policy, premiums, payment history, infomation about your home or other real property, infomation from lenders and other third parties involved in such transactions, account balances, and credit card infomation; and • Infomation we receive from consumer or other reporting agencies and publicly recorded. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from our consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with sen/ices you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connections with an insurance transactions; • To third-party contractors or sen/ice providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory, or law enforcement or other governmental authority. In a civil action, In connection with a subpoena or a governmental investigation; • To companies that perform marl<eting sen/Ices on our behalf or to other financial institutions with which we have had joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Infomation to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies - We are pemitted by law to share your name, address and facts about your transaction with other FNF companies, such as Insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or sen/Ices to you. We do not, however, disclose infomation we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in confomity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Infomation about our customers or fomer customers to nonaffiliated third parties, except as outlines herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that infomation to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulation to guard Personal Infomation. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Infomation has been disclosed, and request correction or deletion of your Personal Infomation. However, FNF's current policy is to maintain customers' Personal Infomation for no less than vour state's required record retention reauirements forthe purpose of handling future coverage claims. For your protection, all requests made under this section must be In writing and must Include vour notarized siqnature to establish vour identitv. Where permitted by law we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financiai, Inc. 601 Riverside Drive Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Privacy Statement (05-01-08) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION 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 vioiation of any law or govemment regulation. This includes building and zoning ordinances and also laws and regulations conceming; • land use • improvements on the land • land division • 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 notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title afler the Policy Date - this does not limit fhe 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: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -EXCLUSIONS FROM COVERAGE 1990 The following matters are expressly excluded from the coverage of this policy and tlie Company will not pay loss or damage, cosfs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulafion (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of fhe land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in fhe dimensions or area of fhe land or any parcel of which the land is or was a part; or (iv) environmenlai protection, or the effect of any violafion of fhese laws, ordinances or govemmental regulations, except to fhe extent that a notice of the enforcement thereof or a nofice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting fhe land has been recorded in the public records at Date of Pohcy. (b) Any govemmental pohce power nof excluded by (a) above, except fo the extent that a nofice of the exercise thereof or a nofice of a defect, lien or encumbrance resulfing from a violation or alleged violafion affecting fhe land has been recorded in the pubhc records at Dafe of Policy. 2. Rights of eminent domain unless nofice of the exercise thereof has been recorded in the public records at Date of Policy, but nof excluding from coverage any faking which has occurred prior fo Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or nof recorded in the public records af Date of Policy, but created, suffered, assumed or aweed fo by the insured claimant; (b) not known fo fhe Company, not recorded in tlie pubhc records at Date of Policy, but known to fhe insured claimant and not disclosed in writing to fhe Company by the insiu-ed claimant prior to the dafe the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulfing in loss or damage which would nof have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceabilify of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inabihty or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of fhe lien ot fhe insured mortgage, or claim thereof, which arises ouf of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or tmth in lending law. Any claim, which arises ouf of the transaction vesting in the insured fhe estate or interest insured by this policy or the transaction creafing fhe interest of the insured lender, by reason of the operation of federal bankmptcy, sfate insolvency or similar creditors' rights laws. This policy does nof insure against loss or damage (and the Company v SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE I nof pay costs, attorneys' fees or expenses) which arise by reason of: PARTI Taxes or assessments which are nof shown as existing liens by fhe records of any taxing authority fhat levies taxes or assessments on real property or by fhe public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by fhe records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of fhe land or which may be asserted by persons in possession thereof Easements, liens or encumbrances, or claims thereof, not shown by fhe public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any ofher fiicts which a correct survey would disclose, and which are nof shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing fhe issuance thereof; (c) water rights, claims or fitle to water, whether or nof the matters excepted under (a), (b), or (c) are shown by fhe public records. Any lien or right to a lien for services, labor or material nof shown by the Public Records. FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will nof pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulafion (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulafing, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protecfion, or the effect of any violafion of these laws, ordinances or govemmental regulafions, except to fhe extent thaf a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting fhe land has been recorded in the public records at Dafe of Pohcy. (b) Any governmental police power not excluded by (a) above, except to fhe extent that a nofice of the exercise thereof or a nofice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dafe of Policy. 2. Rights of eminent domain unless nofice of fhe exercise thereof has been recorded in the public records af Date of Policy, but not excluding from coverage any taking which has occurted prior fo Dafe of I*olicy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by fhe insured claimant; (b) not known fo fhe Company, nof 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 fo the dafe fhe insured claimant became an insured under fhis policy; Attachment One (07-26-10) (c) resulting in no loss or damage to tlie insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for sfreef improvements under constmction or completed af Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of fhe lien of the insured mortgage because of fhe inability or failure of the insiwed at Date of Policy, or the inability or failure of any subsequent owner of fhe indebtedness, to comply wifh applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of fhe lien of fhe insured mortgage, or claim thereof, which arises ouf of the transaction evidenced by the insured mortgage and is based upon usury or any consuiner credit protecfion or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related fo the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of fhe indebtedness secured by the insured mortgage which af Date of Policy the insured has advanced or is obligated fo advance. 7. Any claim, which arises ouf of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creafing the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or Page 10 ATTACHMENT ONE (CONTINUED) (ii) the subordination of the interest of fhe insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creafing the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of fransfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addifion to the above Exclusions from Coverage, fhe Excepfions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does nof insine against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or nof shown by fhe records of such agency or by fhe public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspecfion of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, nof shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cortect survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing fhe issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by fhe public records. 6. Any lien or right to a lien for services, labor or matenal nof shown by fhe Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from fhe 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, pennit, or govemmental regulation (including those relating fo building and zoning) resfricting, regulating, prohibifing, or relafing to (i) the occupancy, use, or enjoyment of fhe Land; (ii) fhe character, dimensions, or locafion of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violafion of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risks. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modily or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or ofher matters (a) created, suffered, assumed, or agreed fo by the Insured Claimant; (b) not Known fo the Company, not recorded in fhe Public Records af Dafe of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by fhe Insured Claimant prior to fhe dafe fhe Insured Claimant became an Insured under this policy; The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addifion to the above Exclusions from Coverage, file Excepfions from Coverage in a Sfandard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does nof insure against loss or damage (and fhe Company will not pay costs, attomeys' fees or expenses) fhat arise by reason of: (c) resulfing in no loss or dainage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit fhe coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would nof have been sustained if fhe Insured Claimant had paid value for the Insured Mortgage. Unenforceability of fhe lien of fhe Insured Mortgage because of the inability or failure of an Insured to comply wifh applicable doing-business laws of fhe state where the Land is situated. Invalidity or unenforceability in whole or in part of the lien of fhe Insured Mortgage that arises out of the fransaction evidenced by fhe Insured Mortgage and is based upon usury or any consumer credit protection or fruth-in-lending law. Any claim, by reason of fhe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the fransaction creating the lien of the Insm-ed Mortgage, is (a) a fraudulent conveyance or fraudulent fransfer, or (b) a preferential fransfer for any reason nof stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of fhe Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). (a) Taxes or assessments fhat are not shown as existing liens by the records of any taxing authority thaf levies faxes or assessments on real property or by fhe Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or nofices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims fhat are nof shown by the Public Records but thaf could be ascertained by an inspection of the Land or that may be asserted by persons in possession of fhe Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variafion, or adverse circumstance affecting fhe Tifle thaf would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) wafer rights, claims or title to water, whether or not fhe matters excepted under (a), (b), or (c) are shown by fhe Public Records. Any lien or right fo a lien for services, labor or material nof shown by the Public Records. FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cosfs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) resfricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of fhe land; (ii) the character, dimensions or locafion of any improvement now or Iiereafter erected on the land; (iii) a separafion in ownership or a change in the dimensions or area of the land or any parcel of which fhe land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulafions, except fo fhe extent fhat a notice of fhe enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dafe of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent thaf a notice of the exercise thereof or a nofice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in file public records at Dafe of Policy. 2. Rights of eminent domain unless notice of fhe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurted prior to Dafe of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims, or ofher matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, nof 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 tliis policy; (c) resulfing in no loss or dainage to the insured claimant; (d) attaching or created subsequent to Dafe of Pohcy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of fhe fransaction vesting in the insured fhe estate or interest insured by this policy, by reason of the operafion of federal bankmptcy, state insolvency, or similar creditors' rights laws, fhat is based on: (i) the fransaction creating fhe estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent fransfer; or (ii) the fransaction creating the estate or interest insured by this pohcy being deemed a preferential transfer except where the preferential fransfer results from the failure: (a) fo timely record the instmment of fransfer; or (b) of such recordation to impart nofice to a purchaser for value or a judgement or lien creditor. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition fo the above Exclusions from Coverage, fhe Exceptions from Coverage in a Sfandard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does nof insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authorify that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Attachment One (07-26-10) Page 11 ATTACHMENT ONE (CONTINUED) Any facts, rights, interests or claims which are nof shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof Easements, hens or encumbrances, or claims thereof, nof shown by fhe public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cortect survey would disclose, and which are nof shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excepfions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tifle 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 nof shown by the Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of fhis policy, and the Company will not pay loss or damage, costs, attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating fo (i) the occupancy, use, or enjoyment of the Land; (ii) fhe character, dimensions, or location of any improveinent erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violafion of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does nof modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does nof 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; The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addifion 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 cosfs, attorneys' fees or expenses) that arise by reason of: (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 wrifing to the Company by the Insured Claimant prior to the date fhe Insured Claimant became an Insured under this policy; (c) resulfing in no loss or damage to tlie Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, fhis does not modily or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or dainage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of fhe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that fhe transaction vesting the Tifle 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. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Dafe of Pohcy and the date of recording of the deed or other instrament of fransfer in the Public Records thaf vests Tifle as shown in Schedule A. (a) Taxes or assessments that are not shown as exisfing liens by the records of any taxing authority thaf 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. Any facts, rights, interests, or claims thaf are not shown by the Public Records but that could be ascertained by an inspecfion of fhe Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Pubiic Records. Any encroachment, encumbrance, vioiation, variation, or adverse circumstance affecting the Tifle that would be disclosed by an accurate and complete land survey of the Land and not shown by fhe Pubhc Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tifle to wafer, whether or not the matters excepted under (a), (b), or (c) are shown by fhe Public Records. Any lien or right to a lien for services, labor or material nof shown by fhe Public Records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from: I Governmental police power, and the existence or violation of any law or govemment regulafion. This includes ordinances, laws and regulations conceming: a. building b. zoning c. Land use d. improvements on Land e. Land division f environmental protection This Exclusion does not apply to violations or tlie enforcement of these matters if nofice of the violation or enforcement appears in fhe Public Records at the Policy Dafe, This Exclusion does nof limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your exisfing stractures, or any part of them, to be constmcted in accordance wifh applicable building codes. This Exclusion does nof apply to violations of building codes if nofice of the violation appears in the Public Records af the Policy Date. 3. Tiie riglit to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or LIMITATIONS ON COVERED RISKS b. fhe faking happened before the Policy Date and is binding on You if You bought fhe Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or nof they appear in fhe Public Records; b. that are Known to You at the Policy Dafe, but nof to Us, unless they appear in the Public Records af tlie Policy Dafe; c. fhat result in no loss fo You; or d. thaf first occur after the Policy Date - this does not limit fhe coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred fo in paragraph 3 of Schedule A; and b. in sfreets, alleys, or waterways fhat touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. Your insurance for tiie following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability siiown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Attachment One (07-26-10) Your Deducfible Amount 1.00% of Policy Amount or $ 2,500.00 (whichever is less) 1.00% of Policy Amount or $ 5.OOP 00 (whichever is less) 1.00% of Policy Amount or S 5.000.00 (whichever is less) 1.00% of Policy Amount or $ 2.500.00 (whichever is less) Page 12 Our Maximum Dollar Limit of Liabilitv $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5.000.00 ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition fo flie Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulfing from: 1. Govemmental police power, and the existence or violafion of tiiose portions of any law or govemment regulation concerning: a. buiiding; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does nof limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing stractures, or any part of them, to be consfructed in accordance with applicable building codes. Tliis Exclusion does not limit tiie coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. Tliis 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. fhaf are Known to You at fhe Policy Date, but nof to Us, unless tliey are recorded in the Public Records at the Policy Date; c. fhaf result in no loss fo You; or d. fhaf first occur after the Policy Date - this does nof limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Yotff Tifle. 6. Lack of a right: a. to any land outside the area specifically described and referred fo in paragraph 3 of Schedule A; and b. in sfreefs, 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 fhe Title to You is invalid as a preferential transfer or as a fraudulent fransfer or conveyance under federal bankraptcy, state insolvency, or simiiar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the foliowing Covered Risks is limited on fhe Owner's Coverage Statement as follows: • For Covered Risk 16,18, 19 and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liabiiity siiown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Our Maximum Dollar Limit of Liability 1.00% of Policy Amount Shown in Schedule A $ 10,000.00 or $ 2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) 1.00% of Policy Ainount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A $ 5,000.00 or $ 2,500.00 (whichever is less) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from fhe coverage of this policy and the Company will nof pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but nof limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in fhe dimensions or areas of the Land or any parcel of which fhe Land is or was a part; or (iv) environmental protection, or fhe effect of any violation of these laws, ordinances or govemmental regulations, except to thc extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuhing from a violation or alleged vioiation affecting tiie Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit flie coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any govemmental police power not excluded by (a) above, except fo the extent thaf a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does nof limit the coverage provided under Covered Risks 12, 13, 14,and 16 of this policy. Rights of eminent domain unless nofice of the exercise thereof has been recorded in the Public Records at Dafe of Policy, but not excluding from coverage any faking which has occurred prior to Dafe of Policy which would be binding on the rights of a purchaser for value without Knowledge. Defects, liens, encumbrances, adverse claims or ofher matters: (a) created, suffered, assumed or agreed fo by file Insured Claimant; (b) not Known fo the Company, nof recorded in fhe Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing fo the Company by fhe Insured Claimant prior to fhe dafe fhe Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent fo Date of Policy (fhis paragraph does nof limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of fhe lien of the Insured Mortgage because of the inabilify or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, fo comply with applicable doing business laws of the state in which the Land is situated. Attachment One (07-26-10) Page 13 ATTACHMENT ONE (CONTINUED) , 5. .Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance which arises out of the fransaction evidenced by the Insured Mortgage and is based made after Dafe of Policy, and all interest charged thereon, over liens, encumbrances upon usury, except as provided in Covered Risk 27, or any consumer credit and other matters affecting the tifle, the existence of which are Known to fhe protection or truth in lending law. Insured af: 6. Real property faxes or assessments of any govemmental authority which become a (a) The fime of the advance; or lien on the Land subsequent to Date of Poiicy. This exclusion does nof limit the (b) The time a modification is made to the tenns of the Insured Mortgage which coverage provided under Covered Risks 7, 8(e) and 26. changes the rate of interest charged, if the rate of interest is greater as a result ofthe 7. Any claim of invalidity, unenforceability or lack of priority of the lien of fhe Insured modification than if would have been before the modificafion. This exclusion does Mortgage as to advances or modifications made after the Insured has Knowledge not limit the coverage provided in Covered Risk 8. that the vestee shown in Schedule A is no longer the owner of the estate or interest 9. The faiiure of the residential structure, or any portion thereof to have been covered by this policy. This exclusion does nof limit the coverage provided in constracted before, on or after Date of Policy in accordance with applicable building Covered Risk 8. codes. This exclusion does not apply to violafions ofbuilding codes if nofice of the violation appears in the Public Records at Date of Policy. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of fhis poiicy and fhe Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, pennit, or govenimental regulation (including those relafing to building and zoning) restricting, regulafing, prohibiting, or relating to (i) fhe occupancy, use, or enjoyment ofthe Land; (ii) fhe character, dimensions, or locafion of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit fhe coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any govemmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit fhe 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 fhe Company, not recorded in the Public Records af Date of Policy, but Known fo the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to fhe date the Insured Claimant became an Instired under fhis 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 II, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would nof have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of fhe lien of the Insured Mortgage because of the inabilify or failure of an Insured to comply wifh applicable doing-business laws of fhe state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of fhe Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or fruth-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 priorify of fhe lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge thaf fhe vestee siiown in Schedule A is no longer fhe 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 fhe Title for real estate taxes or assessments imposed by govemmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure ofthe residential structure, or any portion of it, to have been constracted before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does nof modify or limit file 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, thaf the transaction creafing the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent fransfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachitient One (07-26-10) Page 14 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 ofthe California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies FNF Underwriters CTC - Chicago Title Company CTIC - Chicago Title Insurance Co. Available Discounts CREDIT FOR PREUMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES Where no major change in the title has occurred since the issuance ofthe original report or commitment, the order may be reopened within 12 - 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report, DISASTER LOANS The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% ofthe appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 32% to 50% ofthe appropriate title insurance rate, depending on the type of coverage selected. SHORT TERM RATE The Short Term Rate is a reduction ofthe charges shown in the Insurance Tables which is allowable only when the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of any qualified title insurer and provided further that the grantor, borrower, lender, lessor or assignor is insured by or under the terms of a prior policy, or is the vested owner of the interest insured by said policy. The short term rate is 64% to 92% ofthe appropriate title insurance rate depending on the type of coverage selected. EMPLOYEE RATE No charge shall be made to employees (including employees on approved retirement) ofthe Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase ofthe employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice CT (9-17-09) Page 15 o > z o O o 0 Cf a • -a a ? a 1 r« o a a a a 0. 11 1111111 IJ UTI I' I 11 IJ I n I '' III1111111 ITI l'l 111] I (11 I't 11 iri I Mil I fcirti I'm 11 _aL_ i SL MUUMIittUMMn BEECH AVE.-^ NOVl'lyss JEf.iS!5.1!'SH2!ffiG?VS.'V"''<>''»i*! 11«"'« MAP ZOay-GRANVlU-e PARK NO.2 MAP I72S-3EASIP€ LANDS I-T)aS-B5W-PDfl. NE \M ROS l?S«IB.1450'1 O o 15S-20 09 c +-> G O o I'^ftxr CHANGES UK CUT ''If "rt 11 Ml 1 * 19 n •MMOaaCXMJHTV T>iisi*«>vi(*spR£pABEi>FO«AsassHe«rpwpceEsos«.y. wouABiums ASSUMED R5B "Me ««I«*CY CF THE DATA SHOWM ASSESSOWS IWCaS wr HOT WW iflpft; RiCWW* «W l¥lPfl? qCTWCK 1722 - SEASIDE LANDS sec 1 - TIZS-RS* - POR HE I/H ROS18B44 03 cp £- H o Q < City of Carlsbad Faraday Center Faraday Cashiering 001 1332301-3 11/19/2013 149 Tue, Nov 19, 2013 02:17 PM Receiot Ref Nbr; R1332301-3/0055 PERMITS - PERMITS Tran Ref Nbr: 133230103 0055 0055 Trans/RcDt#: T000123458 SET #: Si300003779 Amount: 1 i $15,212.50 Item Subtotal: $15,212,60 Iteiii Total: $16,212,60 1 ITEM(S) TOTAL: $16,212.60 Check fChk# 001177) $16,115.00 Credit Card (Auth# 345278) $95,50 Total Received: $16,212.50 Have a nice day! +.^i;*^:t***«-f**CLiSTOMER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 lllll Applicant: INTRACORP/BENSON KEN Set Id: S000003779 / Tmp set/Initialized Projects Description Amount CT130005 12,738.00 RP130015 3,474.60 Total: 16,212.60 Receipt Number: R0098300 Transaction ID: T000123458 Transaction Date: 11/19/2013 Pay Type Method Description Amount Payment Check 16,212.60 Transaction Amount: 16,212.60 NOTICE OF EXE IN#r ION ojfpAc Jim To: SDCountyClerk Attn: James Scott 1600 Pacific Highway, Suite 260 PO Box 121750 San Diego, CA 92101 From: CITYOFCARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Pubiic Resources Code (California Environmental Quality Act). Project Number and Title: CT 13-05/RP 13-15 - State Street Townhomes Project Location - Specific: 2531-2601 State Street Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: A Tentative Tract Map and a Malor Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07. 203-054-19. -20. -21. -22); and 2) to allow for the construction of 47 two and three-storv air space townhomes. including 41 live/work units and six (6) inclusionary units. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Shannon Werneke Name of Applicant: Ken Benson. Intracorp Companies Applicant's Address: 4041 MacArthur Boulevard. Newport Beach. CA 92660 Applicant's Telephone Number: (949) 757-8461 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15332, Infill Development Proiects Statutory Exemptions - State code number: General rule (Section 15061(b)(3)) • • • • Reasons why project is exempt: The proiect is consistent with the General Plan, Village Master Plan, as well as the Zoning Ordinance: the proiect site is location within the citv limits: is less than 5 acres in size and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species: approval of the proiect will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequatelv served by all required utilities and public services. Lead Agency Contact Person: Shannon Werneke Telephone: (760) 602-4621 DON NEU, City Planner Date received for filing at OPR: Date Reviseci 05/13 A--- FILE COPY VcARLSBAD '^"•'^ Cominunity & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION May 8, 2014 Ken Benson Intracorp Companies 4041 MacArthur Blvd., Ste. 250 Newport Beach, CA 92660 SUBJECT: a 13-05/RP 13-15 - STATE STREET TOWNHOMES At the May 7, 2014 Planning Commission meeting, your appiication was considered. The Commission voted 4-2 (Anderson and Scully) to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Shannon Werneke at (760) 602-4621 or shannon.werneke#carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:SW:bd c: Data Entry File enc: Planning Commission Resolution No. 7048 K Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © PROOF OF PUBLICATION (2010 & 2011 C^jP.^j^^^j^,^, STATE OF CALIFORNIA County of San Diego APR S 9 ZOH Planning Division ING COMMISSION PUBLIC HEARING iNOTId^lS HEREBY GIVEN to you, because your In-Iterest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, May 7, 2014, to consider the following: 1) CDP 13-30 - DE ANDA RESIDENCE - Request for the adop-tion of a Mitigated Negative Declaration and Mitigation Moni-toring and Reporting Program and Addendum, and approval of a Coastal Development Permit to allow for the construction of a 3,412 square foot single family residence within the Mello II Seg-ment of the city's Coastal Zone located on the west side of Jef-ferson 5treet, south of Las Flores Drive and within Local Facili-ties Management Zone 1. The proiect site is within the appealable area of the Colifornia Coastal Commission. I am a citizen of tine United States and a resident of the County aforesaid: I am over tiie age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than, nonpariel), has been published in each regular .and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 25t^ 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 25*,jja^April 2014 Jane Allshouse NORTH COUNTY TIMES Legal Advertising 2) CUP 90-03(E)/SDP 90-05(I)/CDP 97-05(B) - COSTCO GAS STATION CANOPY - Request for the approval of a Conditional Use Permit Amendment CUP 90-03(E), a Site Development Plan Amendment SDP 90-05(1), and a Coastal Development Per-mit Amendment CDP 97-05(B) to add three (3) new fuel pumps and a 2,080 square foot gas station canopy addition to the exist-ing COSTCO Wholesale fueling station on property located at 951 Palomar Airport Road within the Mello II segmer>t of the Local Coastal Program and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing Facilities" of the State CEQA Guidelines and will not have any adverse signif-icant impact on the environment. This proiect is not located within the appealable area of the California Coastal Commis-sion. '</f I \ 3) CT 13-05/RP 13-15- STATE STREET TOWNHOMES - Request for a recommendation of approval of a Tentative Tract Map and a Maior Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054-19, -20, -21, -22); 2) to allow for the construction of 47 two and fhree-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a devel-opment standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of the Village Review zone and within Local l=iacllities Manage-ment Zone 1. The proiect qualifies as a CEQA Guidelines Sec-tion 15332 (In-Fill Development Proiects) Class 32 Categorical Exemption. If you challenge these proiects in court, you may be limited to raising only those issues you or someone else raised at the pub-lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hear-ing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular busi-ness hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00am to5:00 pm Friday. Those persons wishing to speak on these proposals are cordially Invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.granicus.com/ViewP ublisher.php?view id=6 on or after the Friday prior to the hear-ing date. If you have any questions, please call the Planning Di-vision at (760) 602-4600. CITYOFCARLSBAD PLANNING DIVISION Pub: 4/25/14 ''^ CARLSBAD ' "•'^ " Community & Economic Development www.carisbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, May 07,2014, to consider a request for the following: CASE NAME: CT 13-05/RP 13-15 - STATE STREET TOWNHOMES PUBLISH DATE: April 25, 2014 DESCRIPTION: Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07,203-054-19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 ofthe Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. Ifyou have any questions, or would like to be notified ofthe decision, please contact Shannon Werneke in the Planning Division at (760) 602-4621, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you mayjudicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. Ifyou challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax NOT TO SCALE SITE MAP State Street Townhomes CT 13-05/RP 13-15 easy reel'" baoeis Use Avery® Template 5160®/8160™ Feed Paper Bend along line to exDOse Pop-up Edge'"" j AVERY® 6240™ I CBSS LLC 111 N POST ST #200 SPOKANE WA 99201 KORNBERG FAMILY TRUST 08- 11-92 10880 WILSHIRE BLVD LOS ANGELES CA 90024 NOTmi^N DIECaO-eCUNTY TRANSITjlE^sCetOPMENT BOARD SKUMT^ON A\ JCEANSIDE CA 92054 STATE OF CALIFORNIA WILDLIFE RESERVE 1807 13THST#103 SACRAMENTO CA 95811 CARLSBAD SANITATION DISTRICT 5950 ELCAMINOREAL CARLSBAD CA 92008 MCMAHAN FURNITURE CO 2333 STATE ST #300 CARLSBAD CA 92008 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 M J F N HOLDING LLC 2501 STATE ST CARLSBAD CA 92008 NORTPrSAtslDI EGP^UNTY TRANSIT D^^E^MENT BOARC 810J/U8SfON AVE EANSIDE CA 92054 PATRICK W MCGUIRE 2609 OCEAN ST CARLSBAD CA 92008 MICAH A PENMAN 2431 BUENA VISTA CIR CARLSBAD CA 92008 STATE OF CALIFORNIA PO BOX 942896 SACRAMENTO CA 94296 BENCHMARK PACIFIC LTD II 550 LAGUNA DR#B CARLSBAD CA 92008 VIRGINIA H MURPHY 1737 ROGUE ISLE CT CARLSBAD CA 92008 NEXT STEP INVESTMENTS FAMILY LTD PARTNERSHIP 590 LAGUNA DR CARLSBAD CA 92008 DAVID C & LAURA C KURNER 2461 BUENA VISTA CIR CARLSBAD CA 92008 RONN & DIANNE L MEMEL 2451 BUENA VISTA CIR CARLSBAD CA 92008 NOVEMBER MCCALL 624 LAGUNA DR CARLSBAD CA 92008 ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA P O BOX 3000 CARLSBAD CA 92018 BEACH HOMEOWNERS ASSN 7720 EL CAMINO REAL #2A CARLSBAD CA 92009 SHER FAMILY TRUST 08-03-95 727 SHERIDAN GLN ESCONDIDO CA 92025 JOHN L DOWNEY 1201 PEMBROKE LN NEWPORT BEACH CA 92660 MICHAEL P WOODIN 2445 MOUNTAIN VIEW DR CARLSBAD CA 92008 PECK FAMILY TRUST 09-16-87 2750 E TANYA RD CAVE CREEK AZ 85331 DONALD R & MAGANA WANDA L ADAMSON 270 PACIFIC AVE CARLSBAD CA 92008 ANDERSON FAMILY TRUST 11- 01-00 1846 POUMELEWAY OCEANSIDE CA 92054 l^tiquettes faciles a peler | Utilisez le gabarit AVERY® 5160®/8160'"'^ J ARMr«t>NAVY AC/\Di CARLSBAD:§AlstFt5RNIA (RLSBAD CA 92018 Sens de chargement Repiiez k la hadiure afin de | r^v^ler le rebord Pop-up"^ ! MARK BENJAMIN P O BOX 7050 RCHO SANTA FE CA 92067 www.avery.com 1-800-GO-AVERY t I I Jl Easy Peel® Labels Use Avery® Template 5160®/8160™ Bend along line to exDose Pop-up Edge™ AVERY® 6240T" VENSTROM FAMILY TRUST 08- 03-04 2933 LANCASTER RD CARLSBAD CA 92010 NORTH SAN DIEGi>eOUNTY TRA^fe^JDpi/El::6pMENT BOARD 810jyH8Sl^AVE EANSIDE CA..92054 CANTABRANA 2005 TRUST 02-19 05 2639 STATE ST CARLSBAD CA 92008 ELLEN SPEERT 2633 STATE ST CARLSBAD CA 92008 EDWARDS J K S G 3980 ADAMS ST CARLSBAD CA 92008 ERE PROPERTIES LLC 1054 LASOMBRADR SAN MARCOS CA 92078 BALLERINI FAMILY TRUST 08-22- 77 P O BOX 2689 VISTA CA 92085 VINCENT & NINA SGUEGLIA POBOX 1067 CARLSBAD CA 92018 LEONARD & DORIS SCHROEDER 2407 CROCUS DR BAKERSFIELD CA 93311 NORTFTSAN DIEGO CpUINTY TRANSIT DBTEM^PMfNT BOARD 810 MI§S4©frAVE INSIDE CA 92054 ARTUKOVIC FAMILY TRUST 1815 IVYRD OCEANSIDE CA 92054 CARLSBAD VILLAGE TOWNHOMES LLC 4444 ADAMS ST CARLSBAD CA 92008 SWANSON FAMILY TRUST 07-17- 00 24 BLUFF VW IRVINE CA 92603 ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA PO BOX 3000 CARLSBADCA 92018 BLACKBURN 2000 TRUST B 06- 13-00 202 RAINBOW LN OCEANSIDE CA 92054 BEECHTREE OFFICE BUILDING PARTNERSHIP 580 BEECH AVE #A CARLSBAD CA 92008 TREJO FAMILY TRUST 07-16-02 3383 ADAMS ST CARLSBAD CA 92008 EDMUND & EDITH SMITH 3271 WESTWOOD DR CARLSBAD CA 92008 GANGES CARLSBAD LLP 10946 MADRONADR NORTH SAANICH, BC V8L 5P2, 0 MICHAEL A & KIMBERLY A CHAMBERLAIN 2653 ROOSEVELT ST CARLSBAD CA 92008 HUSTON FAMILY TRUST 05-18-92 P O BOX 547 CARLSBADCA 92018 2621 ROOSEVELT LLC POBOX 1707 FALLBROOK CA 92088 RICHARD L JONES 2608 STATE ST CARLSBAD CA 92008 Etiquettes faciles a peler j Utilisez le gabarit AVERY® 5160®/8160"'^ J Sens de charaement Repiiez a ta hachure afin de | r6v6ler le rebord Pop-up"^ j ANA M CABO 2568 STATE ST CARLSBAD CA 92008 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160TM Bend along line to expose Pop-up Edge™ AVERY® 6240TM I k LANCER INDUSTRIES INC 1547 AVENIDA LA POSTA ENCINITAS CA 92024 FRANCESCO DORIGO 1609 SAPPHIRE DR CARLSBAD CA 92011 BETTY LEWIS 2569 ROOSEVELT ST CARLSBAD CA 92008 CSTATE LLC 2244 S SANTA FE AVE #B2 VISTA CA 92084 BECKMAN FAMILY TRUST 11-09- 00 P O BOX 484 RANCHO SANTA FE CA 92067 COOPER & MARY E BLANTON 49155 RANCHO POINTE LA QUINTA CA 92253 DEENA A VOELLINGER 31110 MARIPOSA PL TEMECULA CA 92592 BROWN L & LACOMBE JAN BRUCE P O BOX 787 CARDIFF CA 92007 JEREMY S & TAMARA D WESTFALL POBOX 18167 PHOENIX AZ 85005 MICHAEL J & LORIE J OLLIVIER 2479 W FIR AVE FRESNO CA 93711 SUSAN ALTMAN 39 FRYENDALL CT GENEVA IL 60134 MICHAEL J HULBERT 563 LAGUNA DR CARLSBAD CA 92008 565 LAGUNA LLC 6904 DOVER CT HIGHLAND CA 92346 CARL F & PATRICIA BOODE P O BOX 65387 TUCSON AZ 85728 CARLA A HORNER 571 LAGUNA DR CARLSBAD CA 92008 TRACY S TEMPLETON 577 LAGUNA DR CARLSBAD CA 92008 RICHARD W HERRING 579 LAGUNA DR CARLSBAD CA 92008 KATHRYN I BUSSEY 581 LAGUNA DR CARLSBAD CA 92008 MARGARET EARDLEY 583 LAGUNA DR CARLSBAD CA 92008 MICHAEL J & LORIE J OLLIVIER 2479 W FIR AVE FRESNO CA 93711 BARBARA A B KUPPER 7449 TRACY ST LEMON GROVE CA 91945 JOHN & JOSE JEANNETTE S SOUMBASAKIS 2612 N WESTWOOD AVE SANTA ANA CA 92706 CHAMBERS FAMILY TRUST 07- 25-02 200 VIA OSUNA RCHO SANTA FE CA 92091 MARK & CHRISTINE SANDERSON 439 GRAND DR #311 BIGFORK MT 59911 ROBERT A DUFF 2803 5TH ST NE WASHINGTON DC 20017 NEMETH FAMILY TRUST 04-24-9C 1132 SAXONY RD ENCINITAS CA 92024 STAN S KATZ P O BOX 235481 ENCINITAS CA 92023 SEVILLE HOLDINGS LLC 8080 LA JOLLA SCENIC DR N LA JOLLA CA 92037 M S BROWAR POBOX 81007 SAN DIEGO CA 92138 Etiquettes faciles a peler j Utilisez le gabarit AVERY® 5160®/8160"'^ ] A Sens de charqement Repiiez a ta hachure afin de | r^v^ler le rebord Pop-up"^ ] www.avery.com 1-800-GO-AVERY 3 Easy Peel® Labels Use Avery® Template 5160®/8160™ Bend along line to j exDose Pop-up Edge™ J . AVERY® 6240TM1 ANGELINA VASQUEZ 2564 ROOSEVELT ST CARLSBAD CA 92008 RYAN LLEWELLYN 2562 ROOSEVELT ST CARLSBAD CA 92008 MARTIN V & MARIA I ALCANTAR 2560 ROOSEVELT ST CARLSBAD CA 92008 PEDRO E & MYRNA Y RECINOS 2566 ROOSEVELT ST CARLSBAD CA 92008 KAREN C ROBBINS 2568 ROOSEVELT ST CARLSBAD CA 92008 LUISA LOPEZ 2570 ROOSEVELT ST CARLSBAD CA 92008 THOMAS PAGE 2572 ROOSEVELT ST CARLSBAD CA 92008 BEVERLY A STAVRON 2574 ROOSEVELT ST CARLSBAD CA 92008 CHRISTA DWYER 2580 ROOSEVELT ST CARLSBAD CA 92008 JEANIE SCHEXNAYDER 2578 ROOSEVELT ST CARLSBAD CA 92008 JENNIFER BOLAND 2576 ROOSEVELT ST CARLSBAD CA 92008 H S ERGIN POBOX 218 CARLSBADCA 92018 SDC PROPERTIES LLC 2155 RAMONA LN VISTA CA 92084 JEFFREY S & KAREN M FULLER 605 LAGUNA DR CARLSBAD CA 92008 ROBERTO F & SARA G ROJAS 2650 ROOSEVELT ST CARLSBAD CA 92008 A notice has been mailed to all property owners/occupants M96 herein. / , i, , Stgnahire:. Etiquettes faciles d peler | Utilisez le gabarit AVERY® 5160®/8160'"^ J Sens de chargement Repiiez k la hachure afm de | r^v^ler le rebord Pop-up"*- J www.avery.com 1-800-GO-AVERY <4;'^ ClTV oF ^ ^ FILE COPY ^CARLSBAD Community & Economic Development www.carisbadca.gov EARLY PUBLIC NOTICE PROJECT NAME: STATE STREET TOWNHOMES PROJECT NUMBER: CT 13-05/SDP 13-06/RP 13-15 This early public notice is to let you know that a development application to construct 47 townhomes within your neighborhood was submitted to the City of Carlsbad on November 19, 2013. The project application is undergoing its initial review bythe City. LOCATION: 2539, 2541, 2551, 2577, & 2589 State Street PROJECT DESCRIPTION: The applicant is requesting approval of a Tentative Tract Map, Site Development Plan, and Major Review Permit to demolish all existing structures located at the above- noted properties and to construct 47, three-story townhomes, including 6 on-site inclusionary/income- restricted units . The maximum proposed height is 44 feet, Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Shannon Werneke, Associate Planner at shannon.werneke(5)carlsbadca.gov, (760) 602-4621, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax NOT TO SCALE SITE MAP State Street Townhomes CT 13-05 / SDP 13-06 / RP 13-15 £BilJE£L^I£\ \^ \ ,A-y \^ V STATE STREET TOWNHOMES SITE PLAN CITY OF CARLSBAD, STATE OF CALIFORNIA TTM LEGAL DESCRIPTION pmm *• LOTS 16 WO 17 IN SEAStCC LMCS. IN TIC CITY OF CAALSBAD, cajwrf OF SAN DIKO. STATE OF CALIFORNIA, AOCORDING TO IW itCRor NO. 1722, FILED IN TTC OFFIS OF TX COUNTY lECQROER OF SAN OIEOO COUNTY, JULY 2B, 1921. P*!"^ »• LOT 15 IN SEASIDe UWS. IN T>£ CITY QF CAFLSEM), COUNTT OF SAN DIESO. STATE CF CALIFDIMIA. ACCCKDIHS TO MAP nOCCT NO. 1722, FILED IN T>C OFFICE CF TTC COUNTY RECORDER CF SAN DIESO COJNTT RECORDER OF SAN DIESO COLNTY. JLLY 2B, 1921. PABTFi r- TWT PCRTICM OF LOT IB IN SEASIOE UM3S. IN TTC CITY OF CARLSBAD. ODUNTY OF SAN DIESO. STATE OF CALIFcmtA, AOXfVINe TO BAf TTCREOF NO. 1722. FILED IN TTC OFFICE OF TTC COUNTY RECOflDER OF * SAN DIEGO COLNTY. JJLT 28. 1921, LTIt* SDUTTCAST OF A LITE THAT IS PARALLEL IITH Ut> DISTANT BS FEET AT RIGHI ANGLES NCRTT«ESTERLY FROy TTC DIVIDING LIFC BEHWEN LOTS 17 AM) 18 IN SAID SEASIDE LAWS. P«grFi fl- LOTS 12. 13 AN> 14, 9>SID£ LAMS, IN T>E CITY OF CARLSBAO. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. AOCORDING TO MAP TTCREOF NO. 1722, FILED IN TIC OFFICE OF TTC COUNTY ICTGROER CF SAN DIEGO COUNTf, JULY 28, 1921. GENERAL NOTES SfflEET ADOflESS: 2S39. 2541. 2S51, 2S77, fe ZSSB STATE STREET, CARLSBW, CA DESIGWTION EXlSTtNB LAM) USE; COUCRCIAL PROPOSED LM) USE' RESICENTIAL CLASSIFICATIOK fESIOENTIAL TOMOES/AFFORDAaX APARTICNTS ND. CF UNITS: 41 MARKET RATE UNITS, 6 AFFtWDABLE UNITS - 47 TOTAL UNITS ND. OF PROPOSED LOTS: 1 (2 LETTERED) PROPOSED DENSITY: 26.2 DU/ACRE BUILDING COVERAGE: 42,779 SF iat CF LAM)SCAPIN9: r OF PAf«tN6 SPACES: REOUIF^ 97 SPACES PROVIDED: 97 SPACES PRIVATE OPEN SPACE AREA: 29,590 SF LMCVELOPABLE AREA: N/A PROPOSED WATCR DEMAM): MLLTI-FAMILT RESIDENTIAL - 250 SPO/DU (11.750 SPO) PEAK 4U GPD/DU PROPOSED FIRE FUM OEMtt. SlhOE FAHILY RESIDENTIAL - 3000 PSI FOR 2 HRS. AVERAS SMR GETCRATIOM 0.0063 UGO SCMJOL OISTRICT: CAfS-SSAD UNIFIES SCTOX. DISIRICT (7eO)U1-5000 EXISTINe 10.1 CFS, PROPOSED 6.7 CFS PROPOSED DRAINAGE DISCHARGE: BASIN A UTILITY COMPANIES/CONTACTS TELEPHOtC ATltT GAS b ELECTRIC SAN DIESO GAS k ELECTRIC CABLE T.V. TIkC MAER CABLE SETCH t BATER CITY OF CARLSBAD TRASH CITY OF CARLSBAD -4' J (eee) 944-0447 (BOO) 336-7343 (B66} 744-167B (760) 602-2420 (760} 002-4648 STATE STREET SECTION E-E CURS fe GUTTER BASIS OF BEARING A^ BASIS OF SEARINGS IS ALONG TTC Sa/TTCASTDa.Y Lire OF PARCEL 3, AS ON LOT LITE ADJLSTIiENT ND. 2006-03, RECORDED ON APRIL 25, 2006 AS INSTRLICNT Ml. 20O600027R4O4, OF OFFICIAL RECOniS AM> AS SHCW ON REDOR} OF SLRVEY ND. 200B-1019. R.S.B. 226/26-33 ^N^O^ AS fieiNG N40*57'2D"E 4' J I A SCALE- r-30' DATE OF PREPARATION: November, 2013 SECTION F-F ItDE V GUTTER ENGINEER fBF CONSLLTiNG 14725 ALTON PKTf IRVlrC. CA. 92618 PMJtC: (949) 472-3506 DEVELOPER INTRAC0H> COTANIES 4041 MCARTHUR BLVD.. SUITE 250 NEIPORT BEAOI, CA. 92660 PHOe (949) 955-2370 PROJECTADDRESS SITE PLAN FOR STATE STREET TOWNHOMES OTY OF CARLSBAD Cl Easy Peel<^ Labels Use Avery® Template 5160®/8160™ Feed Paper Bend along line to exDOse Pop-up EdgeT*" ^5-AVERY® 6240TM 1 i CBSS LLC 111 N POST ST #200 SPOKANE WA 99201 KORNBERG FAMILY TRUST 08- 11-92 10880 WILSHIRE BLVD LOS ANGELES CA 90024 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARC 810 MISSION AVE OCEANSIDE CA 92054 STATE OF CALIFORNIA WILDLIFE RESERVE 1807 13THST#103 SACRAMENTO CA 95811 CARLSBAD SANITATION DISTRICT 5950 ELCAMINOREAL CARLSBAD CA 92008 MCMAHAN FURNITURE CO 2333 STATE ST #300 CARLSBAD CA 92008 CITY OF CARLSE 1200 CARLSe;^) VILLAGE DR CARLSB?^ CA 92008 M J F N HOLDING LLC 2501 STATE ST CARLSBAD CA 92008 NORTH SAN DIEGO C( TRANSIT DEVELOPl^NT BOARC 810 MI^SKiNAVE OCEANSIDE CA 92054 NORTH SAN DIEGO COUI TRANSIT DEVELpPMEPjf BOARD 810 MISSIDWAVE OCEAN^E CA 92054 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 PATRICK W MCGUIRE 2609 OCEAN ST CARLSBAD CA 92008 MICAH A PENMAN 2431 BUENA VISTA CIR CARLSBAD CA 92008 STATE OF CALIFORNIA PO BOX 942896 SACRAMENTO CA 94296 BENCHMARK PACIFIC LTD II 550 LAGUNA DR#B CARLSBAD CA 92008 VIRGINIA H MURPHY 1737 ROGUE ISLE CT CARLSBAD CA 92008 NEXT STEP INVESTMENTS FAMILY LTD PARTNERSHIP 590 LAGUNA DR CARLSBAD CA 92008 DAVID C & LAURA C KURNER 2461 BUENA VISTA CIR CARLSBAD CA 92008 RONN & DIANNE L MEMEL 2451 BUENA VISTA CIR CARLSBAD CA 92008 NOVEMBER MCCALL 624 LAGUNA DR CARLSBAD CA 92008 ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA P O BOX 3000 CARLSBADCA 92018 BEACH HOMEOWNERS ASSN 7720 EL CAMINO REAL #2A CARLSBAD CA 92009 SHER FAMILY TRUST 08-03-95 727 SHERIDAN GLN ESCONDIDO CA 92025 JOHN L DOWNEY 1201 PEMBROKE LN NEWPORT BEACH CA 92660 MICHAEL P WOODIN 2445 MOUNTAIN VIEW DR CARLSBAD CA 92008 PECK FAMILY TRUST 09-16-87 2750 E TANYA RD CAVE CREEK AZ 85331 DONALD R & MAGANA WANDA L ADAMSON 270 PACIFIC AVE CARLSBAD CA 92008 ANDERSON FAMILY TRUST 11- 01-00 1846 POUMELEWAY OCEANSIDE CA 92054 Etiquettes faciles h peler j Utilisez le gabarit AVERY® 5160®/8160"'^ I ARMY & NAVY ACADEMY CARLSBAD CAUFORNIA POBOX-3600 CARCSBADCA 92018 A Sens de rhampmAnl- Repliez h la hachure afin de | r6v6ler le rebord POD-UD"' ! MARK BENJAMIN P O BOX 7050 RCHO SANTA FE CA 92067 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ Bend along line to j exDose Pop-up EdgeT*" J AVERY® 6240T'" I VENSTROM FAMILY TRUST 08- 03-04 2933 LANCASTER RD CARLSBADCA 92010 NORTH SAN DIEGO COi. TRANSIT DEVELOPMENT BOARD 810 MI^StOfTAVE (NSIDE CA 92054 CANTABRANA 2005 TRUST 02-19 05 2639 STATE ST CARLSBAD CA 92008 ELLEN SPEERT 2633 STATE ST CARLSBAD CA 92008 EDWARDS J K S G 3980 ADAMS ST CARLSBAD CA 92008 ERE PROPERTIES LLC 1054 LASOMBRADR SAN MARCOS CA 92078 BALLERINI FAMILY TRUST 08-22- 77 P O BOX 2689 VISTA CA 92085 VINCENT & NINA SGUEGLIA POBOX 1067 CARLSBADCA 92018 LEONARD & DORIS SCHROEDER 2407 CROCUS DR BAKERSFIELD CA 93311 NORTH SAN DIEGOpOtJlTTY TRANSIT DEyEbOl^MENT BOARD 810 MlS«tt5N AVE ^XNSIDE CA 92054 TRUST ARTUKOVIC R 1815 OPEAFISIDE CA 92054 ARTUKOVIC FAMILY 1815 IVYRD 0CEAN3ffit CA 92054 ARMY & NAVY ACADf CARLSBAD CAUPCJRNIA POBO^t.30(50 CARt^DCA 92018 ARTUKOVIC FAMILY TRUST 1815 IVYRD OCEANSIDE CA 92054 EDMUND & EDITH SMITH 3271 WESTWOOD DR CARLSBAD CA 92008 CARLSBAD VILLAGE TOWNHOMES LLC 4444 ADAMS ST CARLSBAD CA 92008 BLACKBURN 2000 13-00 202 RAIN^OWtN OCEANSTDE CA 92054 BLACKBURN 2000 TRUST B 06- 13-00 202 RAINBOW LN OCEANSIDE CA 92054 SWANSON FAMILY TRUST 07-17- 00 24 BLUFF VW IRVINE CA 92603 TREJO FAMILY TRUST 07-16-02 3383 ADAMS ST CARLSBAD CA 92008 BEECHTREE OFFICE BUILDING PARTNERSHIP 580 BEECH AVE #A CARLSBAD CA 92008 EDMUND & EDi 3271 y\^EST\A700D DR 5BAD CA 92008 BLACKBURN 2000 TRUST. 13-00 202 RAINBOV OCEANS*©e"CA 92054 GANGES CARLSBAD LLP 10946 MADRONADR . NORTH S/V\NICH, BC VSL 5P2, 0 MICHAEL A & KIMBERLY A CHAMBERLAIN 2653 ROOSEVELT ST CARLSBAD CA 92008 HUSTON FAMILY TRUST 05-18-92 P O BOX 547 CARLSBAD CA 92018 2621 ROOSEVELT LLC POBOX 1707 FALLBROOK CA 92088 RICHARD L JONES 2608 STATE ST CARLSBAD CA 92008 CSTATE LLC 2244 S SANTA FE AVE #B2 VISTA CA 92084 ANA M CABO 2568 STATE ST CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®/8160' I MC I • Sens de charaement Repiiez k la hachure afin de j reveler le rebord POD-UD*"- i www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ Bend along line to exDose Pop-up Edge™ I AVERY® 6240™ LANCER INDUSTRIES INC 1547 AVENIDA LA POSTA ENCINITAS CA 92024 FRANCESCO DORIGO 1609 SAPPHIRE DR CARLSBAD CA 92011 BETTY LEWIS 2569 ROOSEVELT ST CARLSBAD CA 92008 CSTATE LLC 2244 S SANTA FE AVE #B2 VISTA CA 92084 COOPER & MARY E BLANTON 49155 RANCHO POINTE LA QUINTA CA 92253 BECKMAN FAMILY TRU 00 POBOX RAN^CHO'SANTA FE CA 92067 DEENA A VOELLINGER 31110 MARIPOSA PL TEMECULA CA 92592 1-09-BECKMAN FAMILY TRUST 11-09- 00 P O BOX 484 RANCHO SANTA FE CA 92067 BROWN L & LACOMBE JAN BRUCE P O BOX 787 CARDIFF CA 92007 JEREMY S & TAMARA D WESTFALL POBOX 18167 PHOENIX AZ 85005 MICHAEL J & LORIE J OLLIVIER 2479 W FIR AVE FRESNO CA 93711 SUSAN ALTMAN 39 FRYENDALL CT GENEVA IL 60134 MICHAEL J HULBERT 563 LAGUNA DR CARLSBAD CA 92008 565 LAGUNA LLC 6904 DOVER CT HIGHLAND CA 92346 CARL F & PATRICIA BOODE P O BOX 65387 TUCSON AZ 85728 CARLA A HORNER 571 LAGUNA DR CARLSBAD CA 92008 TRACY S TEMPLETON 577 LAGUNA DR CARLSBAD CA 92008 RICHARDW HERRING 579 LAGUNA DR CARLSBAD CA 92008 KATHRYN I BUSSEY 581 LAGUNA DR CARLSBAD CA 92008 MARGARET EARDLEY 583 LAGUNA DR CARLSBAD CA 92008 MICHAEL J & LORIE J OLLIVIER 2479 W FIR AVE FRESNO CA 93711 BARBARA A B KUPPER 7449 TRACY ST LEMON GROVE CA 91945 JOHN & JOSE JEANNETTE S SOUMBASAKIS 2612 N WESTWOOD AVE SANTA ANA CA 92706 CHAMBERS FAMILY TRUST 07- 25-02 200 VIA OSUNA RCHO SANTA FE CA 92091 MARK & CHRISTINE SANDERSON 439 GRAND DR #311 BIGFORK MT 59911 ROBERT A DUFF 2803 5TH ST NE WASHINGTON DC 20017 NEMETH FAMILY TRUST 04-24-9C 1132 SAXONY RD ENCINITAS CA 92024 STAN S KATZ P O BOX 235481 ENCINITAS CA 92023 SEVILLE HOLDINGS LLC 8080 LA JOLLA SCENIC DR N LA JOLLA CA 92037 M S BROWAR POBOX 81007 SAN DIEGO CA 92138 Etiquettes faciles d peler Utilisez le gabarit AVERY® 5160®/8160«"= Sens de rharnamont Repiiez k la hachure afin de j r^v^ler le rebord POD-UD' MC ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ Bend along line to • expose Pop-up Edge™ AVERY® 6240™ I 1 ANGELINA VASQUEZ 2564 ROOSEVELT ST CARLSBAD CA 92008 RYAN LLEWELLYN 2562 ROOSEVELT ST CARLSBAD CA 92008 MARTIN V & MARIA I ALCANTAR 2560 ROOSEVELT ST CARLSBAD CA 92008 PEDRO E & MYRNA Y RECINOS 2566 ROOSEVELT ST CARLSBAD CA 92008 KAREN C ROBBINS 2568 ROOSEVELT ST CARLSBAD CA 92008 LUISA LOPEZ 2570 ROOSEVELT ST CARLSBAD CA 92008 THOMAS PAGE 2572 ROOSEVELT ST CARLSBAD CA 92008 BEVERLY A STAVRON 2574 ROOSEVELT ST CARLSBAD CA 92008 CHRISTA DWYER 2580 ROOSEVELT ST CARLSBAD CA 92008 JEANIE SCHEXNAYDER 2578 ROOSEVELT ST CARLSBAD CA 92008 JENNIFER BOLAND 2576 ROOSEVELT ST CARLSBAD CA 92008 H S ERGIN POBOX 218 CARLSBADCA 92018 SDC PROPERTIES LLC 2155 RAMONA LN VISTA CA 92084 JEFFREY S & KAREN M FULLER 605 LAGUNA DR CARLSBAD CA 92008 ROBERTO F & SARA G ROJAS 2650 ROOSEVELT ST CARLSBAD CA 92008 Etiquettes faciles a peler j Utilisez le gabarit AVERY® 5160®/8160""<^ j A Sens de charaement Repiiez k la hachure afin de | r^v^ler le rebord POD-UD"^ I www.avery.com 1-800-GO-AVERY I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INF0Ri\/1 ATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ^2-, - /h/iJ^(^A//^ia^ ^^/c.tyy-A^^^>^tAeA^ DATE: // /) r/y RECEIVED BY DATE: CONSULTING A sgggn^B Company MEMORANDUM To: Scott Gilbert From: Achilles Malisos Date: November 7, 2013 Subject: 2531 - 2589 State Street Noise Analysis Introduction The project proposes the developnnent of 41 live/work units and 6 affordable residential units on a 1.89 acre site in the northwestern portion of the City of Carlsbad (City); refer to Exhibit 1, Site Plan. The project site is located at 2531-2589 State Street, approximately 0.36 miles north of Carlsbad Village Drive and 0.5 miles west ofthe Interstate 5 (1-5) freeway. The site is currently developed with commercial uses and is located adjacent to commercial and residential uses across State Street and commercial uses to the south. The Burlington Northern and Santa Fe (BNSF) Railway is located approximately 190 feet to the west. This railroad is part of the Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Corridor. Currently, Amtrak operates several daily passenger trains between San Diego and Los Angeles. Freight trains also utilize this railway. The purpose of the noise analysis is to determine the noise environment at the site compared with the applicable standards. City of Carlsbad Noise Standards The Noise Element of the City of Carlsbad General Plan (General Plan) and the Noise Guidelines Manual (September 1995) identifies and evaluates unwanted noise sources in the City, and establishes goals and policies for reducing noise levels in the City. The City has adopted locai guidelines based on the community noise compatibility guidelines established by the California Department of Health Services, for use in assessing the compatibility of various land use types with a range of noise levels; refer to Table 1. Noise and Land Use Compatibilitv Matrix. These guidelines help the City ensure integrated planning for compatibility between land uses and outdoor noise. PLANNING • DESIBN • CONSTRUCTiaN 14725 Alton Parkway • Irvine, Califomia • 949.472.3505 • FAX 949.472.8372 Offices located throughout California, Arizona & Nevada • www.RBF.com Source: Withee Malcolm Architects, LLP, September 2013. NOT TO SCALE r?niaMi iiTikin ^^^^ CDNaULTINQ 2531 - 2589 STATE STREET NOISE ANALYSIS Site Plan 11/13-JN 137092 Exhibit 1 Table 1 Noise and Land Use Compatibility Land Use Categoiy Community Noise Exposure (CNEL, dBA) Land Use Categoiy Normally ^ Acceptable Conditionally ijlcceptable Normally Unacceptable Land Use Discouraged Residential - (all) Single-Family, Duplex, Mobilehome, Multi-Family, etc. 50-60 NA 60-70 70-85 Transient Lodging - Motel, Hotel 50-65 65-75 75-80 80-85 Schools, Libraries, Churches, Hospitals, Nursing Homes 50-60 60-65 65-75 75-85 Auditoriums, Concert Halls, Amphitheaters 50-65 65-80 NA 80-85 Sports Arenas, Outdoor Spectator Sports 50-65 65-70 70-80 80-85 Playgrounds, Neighborhood Parks 50-65 65-70 70-75 75-85 Golf Courses, Riding Stables, Water Recreation, Cemeteries 50-70 70-75 75-80 80-85 Office Buildings, Business Commercial and Professional 50-65 65-75 75-80 80-85 General Industrial, Manufacturing, Utilities, Agriculture 50-70 70-80 80-85 NA NA: Not Applicable Normallv AcceDtable - SDecified land use is satisfactorv, based uoon the assumotion that anv buildinas involved are of normal conventional construction, without any special noise insulation requirements. Condltionallv Acceotable - New construction or develoDment should be undertal<en onlv after a detailed analvsis of the noise reduction requirements is made and needed noise insulation features included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning, will nonnally suffice. Nonnallv Unacceotable - New construction or development should be discouraaed. If new construction or development does proceed, a detailed analysis ofthe noise reduction requirements must be made and needed noise insulation features included in the design. Land Use Discouraged - New construction or development should generally not be undertaken. Source: City of Carlsbad, Noise Guidelines Manual, 1995. Methodology SoundPLAN Model Three dimensional acoustical modeling was conducted for the project using the SoundPLAN model. The SoundPLAN noise modeling software specializes in computer simulations of acoustical situations and encompasses traffic noise, occupational noise indoors and outdoors, general industrial noise, and aircraft noise. SoundPLAN is a unique modeling and presentation tool that allows users to optimize noise control measures and to visualize the effects of noise propagation through an extensive graphical user interface. Some of the program features include: • The traceable propagation models inciuded in SoundPLAN are based upon consistent sets of empirical data. These models allow for noise predictions within a certain level of accuracy. Although the physics of sound propagation are always the same, the source and propagation parameters can change dramatically. The various models in SoundPLAN allow the user to modify these parameters to match the acoustic environment being analyzed. • Versatile definition of the sources input (frequency spectrum, time schedule, or idle pattern, directivity, mitigation factors, etc.). • Numerous control features for the verification of input geometry and source data. • Graphic tools for the visualization and presentation of the input and output data, the acoustical hot-spots (i.e., the nature of the problem), the conflicts (i.e. comparisons with governing regulations), and the benefits of various noise mitigation measures. • Noise control optimization features (including estimates of cost versus benefit ratios). On-Site Noise Levels Train noise levels modeled for the project site are based on actual measured levels at the rail alignment as well as the various number and types of trains that utilize the railroad. As depicted in Table 2. Rail Operations, 50 trains currently pass by the project site each day. These trains primarily include the Amtrak Pacific Surfliner and the North County Transit District (NCTD) COASTER. By 2030, rail operations are assumed to increase due to overall growth and the addition of Metrolink Commuter Service, resulting in a total of 98 trains per day. Additionally, the model also assumes that a second track will be added in the future based on planned infrastructure upgrades. Table 2 Rail Operations Rail Operator/Line Existing Daily Train Volume Future (2030) Daily Train Volume % Increase in Train Volume Amtrak Pacific Surfliner 22 36 64% Metrolink Commuter Service 0 14 - COASTER 22 40 82% Freight 6 8 33% Total Trains 50 98 96% Source: Wieland Acoustics, 2013. A noise contour map of the ground floor sound levels and propagation path of the future train operations is depicted in Exhibit 2, Future Noise Levels - Ground Floor Receptors. As indicated in Exhibit 2, the estimated first floor exterior noise level would range from 60 to 70 dBA. These noise levels include the proposed six-foot wall along the project site boundary. Future train noise levels for the upper levels are depicted in Exhibit 3. Future Noise Levels - Z"^ Floor Receptors. As indicated in Exhibit 3, future upper floor train noise levels would range from 60 to 75 dBA. The project would be subject to the County's stationary source noise standards; refer to Table 1. As described above, the highest on-site outdoor noise levels of 70 dBA would exceed the City's "normally acceptable" limit of 60 dBA for residential uses. 70 dBA is the "normally unacceptable" limit. The City's Noise and Land Use Compatibility standards indicate that new developments within the normally unacceptable limit require a detailed analysis of the noise reduction requirements and noise insulation features should be included in the design. CNEL, dB m > 80 75 - 80 70 - 75 65 - 70 60 - 65 55 - 60 50 - 55 45 - 50 <= 45 Signs and symbols Elevation line Buildings Train line — Wall 70 140 210 Source: Wieland Acoustics, October 2013. carsjgLJi.TiN r> ^^^^ CONSULTING 2531 - 2589 STATE STREET NOISE ANALYSIS Future Noise Levels - Ground Floor Receptors nn 3'JN 137092 Exhibit 2 CNEUdB • I > 80 /b - BU 70 - 75 65 - 70 60 - 65 55 - 60 50 - 55 45 - 50 <= 45 Signs and symbols Elevation line :~n Buildings Train line Source: Wieland Acoustics, October 2013. nDMCllllTINn I ^^^^ 2531 - 2589 STATE STREET NOISE ANALYSIS Future Noise Levels - 2nd Floor Receptors 11/13-JN 137092 Exhibit 3 Additionally, the City's Noise Guidelines Manual state that potential developments within this category shall not be approved without the following findings: The developer of the project has proved to the satisfaction of the Planning Commission or Design Review Board that it is not feasible to comply with the standard. • The Planning Commission or Design Review Board must find that there are specifically identified overriding social and economic considerations which warrant approval of the development even though it does not meet the noise standard. • All purchasers of the impacted property shall be notified in writing prior to purchase, and by deed disclosure in writing, that the property they are purchasing is noise impacted and does not meet Carlsbad noise standards for residential property. The project includes a 6-foot wall along the western property line, which would attenuate noise levels for the ground floor outdoor areas. The proposed wall would wrap around the north and south property lines. Using a standard outdoor to indoor attenuation rate of 20 dBA (using standard construction material and windows), residential interior noise levels would range from 55 to 60 dBA. As a result, the proposed project would require upgraded windows to ensure that interior noise levels do not exceed 45 dBA. Assuming 80 dBA as the highest exterior noise level (referto Exhibit 3). the windows would require a Sound Transmission Class (STC) rating of up to 42 to reduce interior noise levels to below 45 dBA. Exhibit 4, Minimum Recommended STC Ratings for Windows and Exterior Doors (Ground Floor), depicts the locations and requirements of the upgraded windows for the first floor, and Exhibit 5, Minimum Recommended STC Ratings for Windows and Exterior Doors (Upper Floors), depicts the locations of the upgraded windows for the upper floors. On-Site Vibration Vibration levels would be experienced at the project site due to operations on the nearby BNSF railroad. The City of Carlsbad does not provide any guidelines or standards for acceptable vibration levels. Therefore, criteria specified by U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA) have been considered in this analysis. Specifically, the following DOT/FTA report has been considered: Transit Noise and Vibration Impact Assessment, Agency Report Number: FTA-VA-90-1003-06, May 2006. The impact criteria provided by the FTA for ground-borne vibration and ground-borne noise at residential buildings are depicted in Table 3, Vibration Impact Criteria. Based on information and vibration data obtained as part of previous studies along the LOSSAN Rail Corridor, there are between 30 and 70 passenger trains per day and less than 30 freight trains per day going past the project site. This means that passenger trains should be assessed relative to the "occasional events" criteria of 75 VdB for ground-borne vibration and 38 dBA for ground-borne noise. Freight trains should be assessed relative to the "infrequent events" criteria of 80 VdB for ground-borne vibration and 43 dBA for ground-borne noise. Ground-borne vibration and noise levels below these thresholds would not be considered significant impacts. LEGEMD - SIC }4 — -SIC}2 —— •SIC2S m rj 1 ^'i Si [si Source: Withee Malcolm Architects, LLP, September 2013. NOTTOSCALE ^^^^ • ^^^^ ^'^'^'^^ STREET NOISE ANALYSIS nPT ! © Minimum Recommended STC Ratings for Windows and Exterior Doors (Ground Floor) CDNSUUTING 11/13-JN 137092 Exhibit 4 LEGEND —— -51(42 -SIC 34 —. 5102 — SIC 21 uNiic uwir. uw'C J p— . f?^ f?-I ^ '1> L in— • Source: Withee Malcolm Architects, LLP. September 2013. NOT TO SCALE CONSUI-TINa 2531 - 2589 STATE STREET NOISE ANALYSIS © Minimum Recommended STC Ratings for Windows and Exterior Doors (Upper Floors) r*i KJ a 111 Tl KJ R ^^^^^^ 11/13-JN 137092 Exhibit 5 Table 3 Vibration Impact Criteria Ground-Borne. -fix.-IS /ibrati^on Impact Levejs for Residences -', Ground-Bome' Noise Impact Levels for Residences -JsK i^tV'S.*'!*-: •'K • . Af-."- -tS^-ijjJ Frequent Events^ Occasional Events^ Infrequent Events^ Frequent Events^ Occasional Events^ Infrequent Events' 72 VdB 75 VdB 80 VdB 35 dBA 38 dBA 43 dBA VdB = vibration decibels; dBA = A-weighted decibels Notes: 1. 'Frequent Events" is defined as more than 70 vibration events of the same source per day. 2. "Occasional Events" is defined as between 30 and 70 vibration events of the same source per day. 3. "Infreguent Events" is defined as fewer than 30 vibration events of the same kind per day. Source: U.S. Department of Transportation (DOT)/Federal Transit Administration (FTA), Transit Noise and Vibration Impact Assessment, Agency Report Number FTA-VA-90-1003-06, May 2006. Based on noise and vibration studies for other projects along the same railroad line (including 25 vibration measurements of various passenger and freight trains, at various distances from the tracks), it is estimated that the ground-borne vibration levels at the proposed residential buildings would be 70 VdB for passenger trains and 75 VdB for freight trains. This is based on a building setback of about 190 feet from the center of the railroad tracks, as indicated on the project plans. Vibration monitoring indicates that the peak frequency of the ground-borne vibration is low frequency (i.e., less than 30 hertz [hz], as defined by FTA), which is typical for most surface track. Under these conditions, FTA indicates that ground-borne noise levels would be approximately 50 dB lower than ground-borne vibration levels. This results in estimated ground- borne noise levels of 20 dBA for passenger trains and 25 dBA for freight trains. For passenger trains, the estimated ground-borne vibration level of 70 VdB is 5 VdB below the applicable "occasional events" criterion of 75 VdB; the estimate ground-born noise level of 20 dBA is 18 dBA below the applicable "occasional events" criterion of 38 dBA. For freight trains, the estimate ground-borne vibration level of 75 VdB is 5 VdB below the applicable "infrequent events" criterion of 80 VdB; the estimated ground-borne noise level of 25 dBA is 18 dBA below the applicable "infrequent events" criterion of 43 dBA. As a result of the preliminary analysis discussed above, it is anticipated that the proposed project will not be subject to a significant vibration impact, as defined by the FTA, as a result of operations on the nearby railroad. Conclusions and Recommendations Noise levels from the nearby railway would result in ground floor exterior noise levels between 60 and 70 dBA and 2"" floor noise levels up to 75 dBA. To ensure that building interiors comply with the City's 45 dBA limit, all exterior windows would be required to have a minimum STC of rating 42. According to the City's Noise Guidelines Manual, the proposed project would require approval from the Planning Commission or Design Review Board, and specific overriding social 10 and economic considerations for the project must be identified. Future property owners and/or tenants must be notified in writing that the exterior noise levels are within the City's "normally unacceptable" range. Additionally, the proposed project would not be subject to a significant vibration impact from operations on the nearby railroad. 11 state nf California—Natural Resources Agency CALIFORNIADEPARTMENTOF FISH 2014 ENVIRONIVIENTAL FILING WILDLIFE EE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2014 0458 STATE CLEARING HOUSE #(lfapplicable) LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION DATE 06/05/2014 COUNTY/STATE AGENCY OF FILING SAN DiEGO DOCUMENTNUMBER *20140458* PROJECTTrTLE CT 13-05/RP 13-15 - STATE STREET TOWNHOMES PROJECTAPPLICANT NAME KEN BENSON, INTRACORP COMPANIES PHONENUMBER (949) 757-8461 PROJECTAPPLICANT ADDRESS 4041 MACARTHUR BOULEVARD CITY NEWPORT BEACH STATE CA ZIPCODE 92660 PROJECT APPLICANT (Check appropriate box): Q Local PublicAgency Q Sctiool District • Other Special District • State Agency ^ Private Entity CHECKAPPLICABLE FEES: Q Environmental Impact Report (EIR) $3,029.75 $ • Negative Declaration (ND)(MND) $2,181.25 $ • Application Fee Water Diversion fSfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs (CRP) E) County Administrative Fee Q Project that is exempt from fees [3 Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit 13 Check • Other CHK: 1020364 $850.00 $ $1,030.25 $ $50.00 $ TOTALRECEIVED $ $50.00 $50.00 SIGNATURE X G. Meza TITLE Deputy City of Carlsbad JUL 14 2014 Planning Division illlllilllllliiiilillllllll ORIGINAL - PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev 11/12) NOTICE OF EXEIVIWION 0\i To: SD County Clerk Attn: James Scott 1600 Pacific Highway, Suite 260 PO Box 121750 San Diego, CA 92101 From: [F 0 [L 1 © Hmesi .1 Dronenburg. .Ir. Recorder Counn Clerk CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760)602-4600 RY G. MGZa JUN 05 2014 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CT 13-Q5/RP 13-15 - State Street Townhomes Project Location - Specific: 2531-2601 State Street Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: A Tentative Tract Map and a Maior Review Permit to 1) allow for the demolition of all ofthe structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054-19, -20, -21. -22); and 2) to allow for the construction of 47 two and three-storv air space townhomes, including 41 live/work units and six (6) inclusionary units. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Shannon Werneke Name of Applicant: Ken Benson, Intracorp Companies Applicant's Address: 4041 MacArthur Boulevard, Newport Beach. CA 92660 Applicant's Telephone Number: (949) 757-8461 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15332, Infill Development Proiects I I Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The proiect is consistent with the General Plan. Village Master Plan, as well as the Zoning Ordinance: the project site is location within the citv limits: is less than 5 acres in size and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the proiect will not result in significant effects relating to traffic, noise, air qualitv, or water qualitv; and the site can be>.iBdequate!v served bv all required utilities and public services. Lead Agency Contact Person: Shannon Werneke Telephone: (760) 602-4621 DON NEU, City Planner Date received for filing at OPR: Date Revised 05/13 Fll'' D 1^ • s^FIC: or THE c San Diego C/Ounty on _ JUN 0 5 ZOH Removed JUL 0 7 2014 Posted JUN 0 5 ZOU Rc--.-.d to agenc, on Jill 10 ZOU Depui)—G^Meza- ^ EIA INFORMATION Development Services FORM Planning Division ^ CITYOF P1/n\ 1635 FaradayAvenue "ARI ^RAr> "^"'V^/ (760)602 4610 —ODAAL/ www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) tliat are necessary to substantiate a "no impact" or "yes impact" determination sliould be submitted as an attacliment to tliis Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Initial Study. P-1(D) Pagel of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): CT 13-05/ftp IP^-O^ General Information 1. Name of project: ^T>^ '^TV^&tST 7^^>^eS 2. Name of developer or project sponsor: Address: 4t^fl Af 4^A»Tv4^fl_ Sut> ^ ^t/tic City, State, Zip Code: Mv^RgQ-T ^ t3<V6-R M 0[%Lo(j,0 Phone Number: ^^^-^37^ 3. Name of person to be contacted concerning this project: 1^*^-*^ ^ E^^f^ Address: //g£<^^^(^^/'^^^^<^'^?'^'g^' City, State, Zip Code: Phone Number: l^l-tMs^X 4. Address of Project: Assessors Parcel Number: V=>^-'i^^ -^1 ) 1^1'0^k-\'\>r^.^A , 2^0^ 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: 6. Existing General Plan Land Use Designation: Xlv^^'^tfl p.^yigv^ l>\6>r- 4^ 7. Existing zoning district: '^'»^^^^\^ •yf gPPT" 8. Existing land use(s): t^*M\Z.<-c\,poJ\ xf-^s^w^ 9. Proposed use of site (Project for which this form is filed): t^^-^ FP £-h\'T'i Ai- Project Description 10. Site size: ^V^ .^^S ^ ?X. \ri>{nJ>H •?\^ 11. Proposed Building square footage: ^'^^''^'^'^ fV. 12: Number of floors of construction: ^ -f T^gi)f T?^gg.^L 13. Amount of off-street parking provided: 14. Associated projects: P-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: IF \>c^ if commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage Cj^ 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: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss ali items checl<ed yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • roads. 22. Change in pattern, scale or character of general area of project. 23. Significantamountsof 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. • 0^ 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.). • 0^ 31. Relationship to a larger project or series of projects. • Environmental Setting Attach sheets that inciude 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. A\^\'^ Date; " \ ^ o\ ' ^ Signature: For: P-1 (D) Page 4 of 4 Revised 07/10 T March 12, 2014 TO: Shannon Wemeke, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - S"^** Review State Street Townhomes - SDP 13-06, CT 13-05, RP 13-15 State Street MELA file: 510 - State Street Townhomes - Con3 Landscape Architect: SMP Contact: Ken Benson, Intracorp Socal-1, LLC, phone: (949) 955-2370 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1. Please show and label all property lines, easements, right-of-ways, drainage elements and bio-retention areas on the landscape plans. 2""* Review: All easements, drainage elements and property lines do not appear to be shown and labeled. Please address. Please note that trees are not allowed within public utility easements. Please relocate trees as appropriate. Provide appropriate plantings in bio-retention areas. 3'^'^ Review.• Please correct the storm drain easement to a 20' width per civil plans. 2. Completed. 3. Please show and label all vehicular sight lines on the landscape plans. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points. 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the sight distance lines. 2"'' Review: Please correct the sight lines and adjust plantings as appropriate. 3'''^Review: Rosmarinus 'Tuscan Blue'grows 6'-7' high, Calamagrostis grows up to 3' high, Muhlenbergia rigens grows to 4' high, and Miscanthus grows up to 4' high. Please provide substitutes that will grow no taller than 30 " above the adjacent road surface (include the height of the raised planters in ihe overall height) where located within the vehicular sight lines. 4-26 Completed. State Street Townhomes March 12, 2014 Conceptual Plan Review Page 2 27 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. 1A-3A Completed. NEW COMMENTS IB. Civil plans call for the raised planters along State Street to be bio-retention planters. These retention planters will have impermeable bottoms. Construction drawings will need to insure coordination of the design of these planters to allow for the proper depths to support the proposed palms. 2B. Civil plans show water meter installations within these planters. Please insure appropriate area for the proposed plantings. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: TO: NOVEMBER 20. 2013 REVIEW NO: 1 • • • • • • • • Engineering, Development Services Police Department - J. Sasway Fire Department Building Department - Will Foss Recreation Public Works Department (streets) Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): SDP 13-06/CT 13-05/RP 13-15 PROJECT TITLE: STATE STREET TOWNHOMES APPLICANT: INTRACORP SOCAL-1 LLC PROPOSAL: 41 MARKET RATE AND 6 INCLUSIONARY TOWNHOMES Please review and submit written comments and/or conditions to Planning Tracking Desk in the Planning Division at 1635 FaradayAvenue, by 12/10/2013 If you have "No Comments," please so state. Thank you COMMENTS: PLANS ATTACHED Review & Comment 09/07 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: TO: NOVEMBER 20. 2013 REVIEW NO: 1 • • • • • • • • Engineering, Development Services Police Department - J. Sasway Fire Department Building Department - Will Foss Recreation Public Works Department (streets) Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): SDP 13-06/CT 13-05/RP 13-15 PROJECT TITLE: STATE STREET TOWNHOMES APPLICANT: INTRACORP SOCAL-1 LLC PROPOSAL: 41 MARKET RATE AND 6 INCLUSIONARY TOWNHOMES Please review and submit written comments and/or conditions to Planning Tracking Desk in the Planning Division at 1635 FaradayAvenue, by 12/10/2013 If you have "No Comments," please so state. Thank ou f>^^n^ ^f^^S ^ ^^Ci^^p^ CO^MMENTS: ^ i^^^ / p^irhin^ Sp^kA ^Mil ^ PLANS ATTACHED Review & Comment 09/07 6^ CITY OF CARLSBAD Police Departinent www.carlsbadca.gov Date: December 5, 2013 To: Planning Tracking Desk- Planning Department From: J. Sasway, Carlsbad Police Department Subject: State Street Townhomes SDP 13-06/CT 13-05/RP 13-15 Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model international standards. Crime Prevention through Environmental Design The proper design and effective use ofthe built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of peopie, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1) Place and design physical features to maximize visibility. This will include building orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction. 2) Design the placement of persons, common areas or activities to maximize surveillance possibilities. 3) Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control 1) Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances. 2) Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. 3) Used managed access on common doors and elevators. Provisions for territorial reinforcement 1) Use pavement treatments, landscaping and fences to define and outline ownership or property. Show clean transformation between public and private space. Lighting 1) Illuminate all vehicular drive surfaces with a minimum maintained 1 foot-candie of light at ground level during the hours of darkness. 2) Illuminate all exterior common area pedestrian walkways and recreation areas with a minimum maintained 0.25 foot-candle of light at ground level during the hours of darkness. 3) Illuminate cluster mailboxes and trash enclosures located on the exterior with a minimum maintained 1 foot- candle of light, measured within a five-foot radius at ground level, during the hours of darkness. ^ 2560Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 4) Illuminate recessed areas of building or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed 6 feet in width and are capable of human concealment with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This requirement applies to defined recessed areas that are within 6 feet of the edge of designated walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a minimum of two feet in height. 5) Protect accessible luminaries with vandal resistant light fixtures when they are not less than three feet in height from the walking surface when used to illuminate walkways and a minimum of 78 inches in height above the driving surface when illuminating surfaces associated with vehicles. Light fixtures shall be deemed accessible if mounted within 15 feet vertically or 6 feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread platform or similar structure. Landscaping 1) Plan a landscaping design that enhanced surveillance and security. 2) Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. 3) Ensure landscaping plan does not deter from lighting and addressing. 4) Plant only low profile shrubs that can be maintained below two (2) feet. 5) Use security plants where necessary to prevent entering and tampering. 6) Install walls and fences that are see-through and enhance surveillance. 7) Consider managed access for all pedestrian gates. 8) Install gates that allow surveillance. 9) Keep entranceways clear of clutter. Addressing 1) Locate numerals where they are clearly visible from the front street. 2) Contrast the numeral's color to the background on which it is affixed. 3) Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness. 4) There should be positioned at each entrance of a multiple family dwelling complex with more than four buildings, an illuminated diagrammatic representation of the complex, which depicts the location of the viewer and the unit designations within the complex. It should be lighted during the hours of darkness. Parking Lighting 1) Lighting is the most important security feature in a parking facility. 2) Ensure lighting is uniform lighting the edges of parking stalls, storage unit and drive. 3) Use 2 foot-candles as the minimum illuminance in any one point. 4) Position lights over vehicles or near beams rather than in drive aisles to reduce glare. Or choose fixtures with built in shields to reduce glare. Doors 1) Do not use of glass within 42 inches of a locking device. 2) Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4) inches. This includes the garage pedestrian door to the outside and the door from the garage into the residence. 3) Equip all doors with a single cylinder dead-bolt lock using a 5-pin tumbler. Connect the deadbolt to the inner portion ofthe lock by connecting screws. Ensure the lock has a one-inch throw that can withstand a cutting tool attack. Choose a deadbolt that embeds at least three-fourths of an inch into the strike plate. 4) Storage door should be solid wood construction. They should have a deadbolt lock, a re-enforced strike plate and re-enforced walls around the door. 5) Consider a window in the storage door. strike Plates 1) Reinforce all deadbolt strike plates. Choose strike plates constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least two (2) inches into the solid backing beyond the surface to which the strike is attached. 2) Reinforcement of the door area around the lock is also recommended. Viewer 1) Arrange entrance doors so that the occupant has a view of the area immediately outside the door without opening the door. Except doors requiring a fire protection rating that prohibits them, such a view may be provided by a door viewer having a field of view of not less than 190 degrees. Mounting height should not exceed fifty-four (54) inches from the floor. Window and sliding glass doors 1) All exterior sliding glass doors and windows should be equipped with locking devices which will keep the sliding panel of the door or window from being opened from the outside horizontally or vertically lifted. Keying 1) Upon occupancy by the owner, each single unit in a tract constructed under the same general plan, should have locks using combinations that are interchange free from locks used in all other separate dwellings. Mail Boxes 1) Locate mailboxes in highly visible areas adjacent to common areas. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. By, Jodeene R. Sasway Crime Prevention Specialist Carlsbad Police Department (760) 931-2195 November 25, 2013 TO: Shannon Werneke, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - T' Review State Street Townhomes - SDP 13-06, CT 13-05, RP 13-15 State Street MELA file: 510 - State Street Townhomes - Conl Landscape Architect; SMP Contact: Ken Benson, Intracorp Socal-1, LLC, phone: (949) 955-2370 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Please show and label all property lines, easements, right-of-ways, drainage elements and bio-retention areas on the landscape plans. 2. Plans are too conceptual to provide an appropriate review. One symbol is used for all shrubs and ground covers which may be very ditferent in size and character. Please provide a separate symbol for each type of shmb (i.e. large evergreen shmb, medium size shmb, small flowering accent shmb, etc.) and ground covers. Final comments are reserved pending receipt of more complete plans. 3. Please show and label all vehicular sight Unes on the landscape plans. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstmcting motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Landscape features (shmbs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstmctions are located within the sight distance lines. 4. Please indicate positive surface drainage (2% grade in planting areas) away from stmctures and terminating in an approved drainage system. 5. Please provide additional sketches/details of the respite area, pedestrian corridor and perimeter walls. Additional information is needed to establish the character and look to allow for an appropriate review. Provide typical details for perimeter walls (materials, finishes, wall caps, etc.) and Corten steel walls (height, character). The Landscape Manual requires that landscaping shall be used to provide and enhance opportunities for outdoor recreation, relaxing, and eating. The respite area and pedestrian corridor should State Street Townhomes November 25, 2013 Conceptual Plan Review Page 2 include site accessories such as trash receptacles, picnic tables, BBQ's play area, etc. Please address. 6. Please indicate the proposed quantities of trees in the legend and indicate the spacing and general layout of shmbs and ground covers on the plans and in the legend. Indicate the proposed ground cover spacings and all proposed tree, shmb and ground cover sizes (i.e. 1 gallon, 5, gallon, 15 gallon, flats, etc.). 7. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. 8. Trees with broad branch stmctures shall be planted only where sufficient space is available. Camphor trees appear to be proposed in areas that are too small. Several along the west property line appear to be located in a walkway. Please resolve. 9. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an Overall view of the project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners association (HOA), etc). 10. Please coordinate civil plans to show and label all enhanced paving to be installed within the right-of-way and within any public utility easement. Note on the civil and landscape plans that an encroachment permit will be required for all enhanced paving located within the right-of-way and public utility easement areas. 11. Landscaping shall be used to accentuate and enhance architecture. Please provide appropriate detail to show that this requirement is met. Additional plantings may be needed along all building elevations. Check all areas. See comment #2. 12. The Landscape Manual requires plans to feature ground cover, shmbs, and trees to screen elements of unsightliness and screen/soften new improvements. Plan note number 14 indicates that a bamboo screen is to be provided at the perimeter wall. It is not clear if this is continuous. Please clarify. The Bamboo screen will address only the interior portions of the wall. Exterior portions of the walls also need to be screened/softened. Additional plantings are needed to soften the south property line wall. Please address. A 9' high wall (6' screen on top of a 3' retaining wall) on the east property line and a 10' wall (6' screen wall with a 4' retaining wall) on the west property line are proposed. Please address screening/softening of these walls. Landscaping is needed on the exterior portions of these walls. Please note that evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide appropriate detail to show that this requirement is met. Additional plantings may be needed along all building elevations. See comment #2. 13. All trees (except on slopes 3:1 or steeper) shall be a minimum 15 gallon size. Please insure this requirement is met. See comment #2. 14. 50% of the shmbs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please insure this requirement is met. See comment #2. 15. Woody shmbs shall be planted over herbaceous ground cover areas to cover 60% of the ground cover area (at mature size). Please insure this requirement is met. See comment #2. 16. All utilities are to be screened. Landscape constmction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light State Street Townhomes November 25,2013 Conceptual Plan Review Page 3 poles on the landscape plans and insure that there are no conflicts with trees. Please insure this requirement is met. See comment #2. 17. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. State Street frontage is approximately 540 lineal feet which when divided by 40 equals a total of 14 street trees. Please resolve. It is unclear if tree grates are proposed around the State Street street trees. In order to allow better pedestrian flow, it is recommended that tree grates meeting accessible requirements be used. Please note that approval will be needed from the Engineering Division to place street trees within the right-of-way. 18. The Landscape Manual requires that landscaping enhance and be compatible with the positive character of existing neighborhoods. Palms (King and Queen Palms) appear to be the existing predominant street tree along State Street. Please revise the street trees on State Street to Queen Palms in order to provide street scene continuity. 19. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please insure this requirement is met. Check all parking areas. 20. A perimeter landscape border of at least eight (8) feet in width (exclusive of curbs) shall be provided around each outdoor/at grade parking area unless the Zoning Ordinance or other goveming document specifically provides otherwise. The perimeter landscaped border (between property lines and parking areas) may include any landscaped yard, setback, or landscaped area otherwise required within the property and shall be continuous except for required access points. A perimeter landscape border is not required between a parking lot and building. Please resolve. 21. Water use calculations are unclear. Please list all numbers used for each calculation so that the totals can be checked. As an example, the MAWA should be as follows: MAWA = (ETo)(0.62)[(0.7 x LA) + (0.3 x SLA)] MAWA = (44)(0.62)[(0.7 x 11,640) + (0.3 x 0)] MAWA = 222,277 gallons/year Please provide ETWU calculations on the city form as found in appendix E of the Landscape Manual. 22. Please show/indicate where the Arbutus and Dracaena are to be used. 23. Plans reference both potable and recycled water use. Please clarify where each will be used. Please provide a colored or hatched plan clearly showing where potable versus recycled water is proposed. This exhibit will be forwarded to Carlsbad Municipal Water District (CMWD) for review. I do not believe that recycled water is currently available in this area. Please contact CMWD to verify. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. 24. Please add a signature line and sign the statement. 25. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constmcted to cause water to drain entirely into a landscaped area. Check all areas. State Street Townhomes November 25, 2013 Conceptual Plan Review Page 4 26. Please add the following notes to the plans and insure all requirements are met: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shmbs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 - Trees and/or Large Shmbs Trees and/or large shmbs shall be (planted from a minimum of I gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes -6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 27 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. Shannon Werneke From: Ken Benson <kbenson@intracorpcompanies.com> Sent: Wednesday, May 07, 2014 10:06 AM To: Shannon Werneke Subject: RE: Access to alley Shannon, We avoided through vehicular access for the following reasons: • Avoid cut-through traffic • Train Noise and Sound Study requiring 6' wall • Vertical grade separation between State Street and Alley Also, as a follow-up to yesterday's discussions: 1. Undersized 1 car garage at Inclusionary Units: • Ina typical garage, trash cans and water heaters typically encroach into the useable space; however, we have provided separate spaces for trash cans and water heater. As such, the it is a fully functional parking space, which allows for both overhead and wall storage. • Referencing Sheet A201, a mid-size SUV is depicted in the garage area to demonstrate the adequacy of the space. • I'll email you two new color exhibits before noon, as follows: i. Garage with Full Size Chevrolet Tahoe parked in garage ii. Garage with Honda Accord parked in garage • Garages are to be used for vehicular parking and not storage, enforcement through CC&R's and HOA 2, Live/Work Component: • Live/Work communities are generally intended for resident use of the work space, and not for subleasing. • The work areas generally fall into two categories: i. Storefronts which have separate entries and separation of residential and commercial spaces for businesses that attract customers - This is not proposed at State Street. ii. Home Offices which provide functional areas for private home based businesses (online business services such as web designers, medical billing, online sales, desktop or online publishers, etc.). Also, "Home Offices" allow for telecommuters to work from home in a more productive office environment, - Home Office uses do not attract customers, employees or guests to the respective offices. • State Street Townhomes have work spaces designed to accommodate Home Office uses not "Storefront" businesses. i. Live/Work Aesthetic is appropriate for the Village as it is visually compatible with neighboring uses ii. No storefront type entries - Singie entry door iii. Open Plan - no walled or lockable separation between workspace and residence iv. No Signage Allowed - no storefront signs are permitted that would attract customers V. Business License availability to be limited by city which allows enforcement of restrictions vi. Community CC&R's and Homeowner Association to enforce parking in garages vii. Also, the Convenient proximity to the train depot makes the Home Office attractive for sometime commuters to nearby employment centers. viii. Workspace is opportunity for homeowners and not a mandated use. Allowing the workspace to be used for non-business by the residents eliminates a significant barrier to homebuyers and encourages longer term residency than other restricted communities. Hope this helps. Ken Benson | VP Project Management Intracorp Companies 4041 MacArthur Blvd. | Suite 250 | Nev^/port Beach, CA 92660 949.955.2370x114 main | 949.757.8461 direct | 949.633.9009 cell | 949.800.1699 e-fax kbenson@intracorpcompanies.com www.intracorpcompanies.com From: Shannon Werneke [mailto:Shannon.Werneke@carlsbadca.gov] Sent: Tuesday, May 06, 2014 5:22 PM To: Ken Benson Subject: Access to alley Ken, Another question that came up was why there wasn't through access for vehicles to the alley. Can you refresh my memory as to why this was not proposed or considered? Thanks, Shannon C City of Carlsbad Shannon Werneke Associate Planner 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov 760-602-4621 | Shannon.Werneke@carlsbadca.gov ^^^CARLSBAD FiLE COPV Community & Economic Development www.carlsbadca.gov April 15, 2014 Ken Benson Intracorp Companies 4041 MacArthur Blvd., Ste. 250 Newport Beach, CA 92660 SUBJECT: CT 13-05/RP 13-15 - STATE STREET TOWNHOMES The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, April 23, 2014. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on April 28, 2014. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. Ifyou have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual matenals in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the pubiic record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Shannon Werneke at (760) 602-4621 or at shannon.werneke@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:SW:bd c: File Copy Steve Bobbett, Project Engineer PlannPi^B^3l^ision ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © INTRACORP WHERE THE EXTRAORDINARY IS DEVELOPING March 31,2014 CHRIS DeCERBO Principal Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: Applicant Response to 3rd REVIEW COMMENTS (Landscape) FOR CT 13-05/RP 13-15 - STATE STREET TOWNHOMES Thank you for your thorough and comprehensive review of the above referenced applications. We have carefully reviewed each point and incorporated the modifications in the respective plans. Attached herewith is a copy ofthe Srd Review comments, dated March 12th, 2014 with a summary of our respective response. The following plans and documents are being resubmitted, herewith: 1. Applicant's written response. 2. Three (3) each: Full Size Landscape Architecture Sheets (Folded) 3. Revised Front Rendering reflecting the relocation of the Trees along State Street per New Comment IB. As always, please contact me directly at (949) 757-8461 or (949) 633-9009 should you have additional comments or questions. Kl Intracorp Socal-1, LL' cc: Shannon Werneke Maria Escobar-Eck 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 JiiP SUMMERyMURPHY & PARTNERS, INC LANDSCAPE ARCHITECTS 34197 COAST HIGHWAV SUITE 200, DANA POINT. CALIFORNIA 92629 (949) 443-1446 • FAX (949) 443-163! STATE STREET Srd CITY SUBMITTAL 03/20/2014 Black: City Comments Red: SMP's Proposed Action/Resolution LANDSCAPING: REPEAT COMMENTS 1. Please show and label all property lines, easements, right-of-ways, drainage elements and bio-retention areas on the landscape plans. 2nd Review: All easements, drainage elements and property lines do not appear to be shown and labeled. Please address. Please note that trees are not allowed within public utility easements. Please relocate trees as appropriate. Provide appropriate plantings in bio-retention areas. Srd Review: Please correct the storm drain easement to a 20' width per civil plans. Storm drain easement has been adjusted to a 20' width, refer to Sheet LC-01. 3. Please show and label all vehicular sight lines on the landscape plans. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not pemiitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge ofthe apron outward along the curb, then 45 degrees in toward the property. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the sight distance lines. 2nd Review: Please correct the sight lines and adjust plantings as appropriate. 3rd Review: Rosmarinus Tuscan Blue' grows 6'-7' high, Calamagrostis grows up to 3' high, Muhlenbergia rigens grows to 4' high, and Miscanthus grows up to 4' high. Please provide substitutes that will grow no taller than 30" above the adjacent road surface (include the height of the raised planters in the overall height) where located within the vehicular sight lines. Planting has been revised within the sight lines to ensure no plant material will surpass the 30" height limit. 27. RETURN REDLINES and provide 2 copies of all plans (concept, water consen/ation, and colored water use plan) for the next submittal. Noted; we will return redlines and 2 additional copies ofthe revised plans for resubmittal. NEW COMMENTS: IB. Civil plans call forthe raised planters along State Street to be bio-retention planters. These retention planters will have impenneable bottoms. Construction drawings will need to insure coordination ofthe design ofthese planters to allow for the proper depths to support the proposed palms. Palm trees have been relocated outside the raised planter areas, refer to sheet LP-01. 2B. Civil plans show water meter installations within these planters. Please insure appropriate area for the proposed plantings. A typical water meter detail and note has been added to plans, refer to sheet LP-01. 49|>c,Tvo, FILF copy VXARLSBAD '^"•^ ^^^^ Community & Economic Development www.carlsbadca.gov March 24, 2014 Mr. Ken Benson Intracorp Companies 4041 MacArthur Boulevard, Suite 250 Newport Beach, CA 92660 SUBJECT: CT 13-05/RP 13-15 - STATE STREET TOWNHOMES- CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is categorically exempt from the provisions of CEQA, pursuant to CEQA Section 15332, In-fill Development Projects. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the date in which the project is scheduled for Planning Commission. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project should be scheduled for a public hearing no later than May 24, 2014. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by March 7, 2014. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Shannon Werneke at 760-602-4621 or by email at Shannon.Werneke@carlsbadca.gov. Sincerely, ^7t DON NEU, AlCP City Planner DN:SW:sm c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division ^ 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ^XWp'^ CITY OF ^ CARLSBAD Housing & Neighborhood Services www.carisbadca.gov March 18, 2014 Mr. Ken Benson Vice-President, Intracorp 4041 MacArthur Blvd., Ste. 250 Newport Beach, Ca. 92660 Re: 2531-2589 State Street; proposed live/work development Dear Mr. Benson: Thank you for your letter dated February 26, 2014 requesting to satisfy 1 unit of your development's inclusionary requirement through the purchase of 1 housing credit, and to provide the remaining 6 required units on the site of your development on State Street in the form of low income affordable ownership condominiums. On March 17, 2014, the Housing Policy Staff Team reviewed this credit purchase request together with 1) the need for a standards modification to reduce the size of the garages for the inclusionary units by one foot; and 2) to recommend approval of the total development below the minimum residential density. The Housing Policy Team supports all ofthe above requests due to the physical constraints of the site limiting the number of units, the public utility easement that bisects the property, and for financial feasibility purposes. As a condition of project approval, Intracorp will be required to enter into an Affordable Housing Agreement prior to final map approval. This Agreement will set forth the requirement for the development to provide for 6 for-sale units on site to be constructed as set forth within the approved plans, and sold at a price affordable to low income households at 80% of the San Diego County Area Median Income. In addition, the Agreement will include the requirement for one (1) housing credit to be purchased from a Council- approved off-site combined affordable housing development within the Northwest Quadrant. Depending on the timing of construction of your development, the housing credit will be purchased from either the Roosevelt Gardens or the Tavarua development. The current credit price for the Roosevelt Gardens development is $142,000. The credit price has not yet been set for the housing credits to be made available at the Tavarua Apartment development; City Council action is still required to set the credit price. The Housing Policy Team's position has been that all ofthe credits must be sold first in the Roosevelt Gardens development before the credits are made available in the Tavarua development. The credit is purchased at the time building permits are issued and other fees are paid in accordance with the Affordable Housing Agreement. Attached are boilerplate agreements for the purchase of a credit, and for the Housing & Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 i 760-434-2810 I 760-720-2037 fax Mr. Benson March 18, 2014 Page 2 construction and sale of the affordable units. We will most likely combine the two agreements into a single affordable housing agreement for your development. At this time, you are not required to enter into the Affordable Housing Agreement to proceed. You will need to execute the Affordable Housing Agreement, however, before you will be able to receive approval of your final map. I look forward to working with you. Your project planner will continue the processing of your permits for the subject development with this direction from the Housing Policy Team. Sincerely, Debbie Fountain Housing and Neighborhood Services Director cc: Project Planner, Shannon Werneke Housing Policy Team RECEIVED CT 13-05/RP 13-15 STATE STREET TOWNHOMES \/f l\^ 0 7 ?0H 2"'' Review Dated March 3, 2004 CITY OF CARLSBAD ISSUES OF CONCERN PLANNING DIVISION With Applicant Responses Noted in Green (3/7/14) Planning: 1. Due to the narrow width of the sidewalk and the absence of a parkway along State Street frontage, please relocate the street trees outside ofthe right-of-way and behind the sidewalk. Please note that the street trees do not have to be equidistant and can be grouped together. • All street trees and grates have been removed from the sidewalks. • Additional queen palms have been added within the raised planters at a minimum of 3' outside the ROW. 2. As discussed in Engineering comment No. 3 below, the area of Lot 3 should be incorporated into Lot 1. Please revise each ofthe applicable sheets to address this requirement. • Lot 3 has been eliminated and the area was added to Lot 1 Engineering: 1. The existing storm drain easement should be shown to be widened to provide for a 20' minimum width. Land Development Engineering standard condition of approval #61 states in part that public facilities should be within public right-of-way or within minimum 20-foot wide easements granted to the city of Carlsbad and that at the discretion ofthe city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. • Width of public Storm Drain easement was increased to 20' as requested. • Steve Bobbett (Associate Engineer) indicated that the proposed easement would allow for architectural projections into the easement from the adjacent buildings at the 2'^'' and 3'^'' residential levels (as reflected in the proposed architecture). 2. No street trees, tree wells or tree grates should be shown or proposed within the existing or proposed public right-of-way for State Street. The city is exploring options for redevelopment of State Street that may involve relocation of the curb and gutter as well as revised parking layouts and sidewalk configurations. • All street trees and grates have been removed from the sidewalks. 3. Lot 3 should be incorporated into Lot 1. The reason given for the creation of a separate lot in this area was the inability to access the area from the "property" side and therefore to separate the area between the 6' wall and alley from the project. This area should remain a portion of Lot 1 to insure that it is clear that this area is part ofthe project and that maintenance ofthis area is the responsibility ofthe HOA. Creation ofa separate lot could provide options forthe HOA to distance itself from maintenance obligations. As for the city acquiring this area in the future, the city has no current or future plans for acquiring this area. If the option arose however, title could be conveyed by describing a portion of Lot 1 with a meets and bounds description. • Lot 3 has been eliminated and the area was added to Lot 1 Landscaping: Numbers below are referenced on the red line plans where appropriate for ease in locating the area ofthe comment concern. REPEAT COMMENTS 1. Please show and label all property lines, easements, right-of-ways, drainage elements and bio-retention areas on the landscape plans. 2"'' Review: All easements, drainage elements and property lines do not appear to be shown and labeled. Please address. Please note that trees are not allowed within public utility easements. Please relocate trees as appropriate. Provide appropriate plantings in bio-retention areas. CT 13-05/RP 13-15 STATE STREET TOWNHOMES 2"'' Review Dated March 3, 2004 • All easements and property lines are shown and labeled. Refer to Sheet LC-01. For all drainage elements, refer to Civil Engineer's sheet C-4. 2. Plans arc too conceptual to provide an appropriato roviow. One symbol is used for all shrubs and ground covers which may bo very different in size and character. Ploaso provide a separate symbol for each typo of shrub (i.e. largo ovoreroon shrub, modium size shrub, small flowering accent shrub, etc.) and ground covers. Final commonts are rosorvod ponding rocoipt of moro comploto plans. 2"'' Review: Please indicate the proposed plantings below the trees (typical all areas). • Plantings have been added to the areas below the trees. Refer to Sheet LP-01. 3. Please show and label all vehicular sight lines on the landscape plans. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturitv) as measured from adiacent street grade are not permitted at street corners within a triangular zone drawn from two points. 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at drivewavs 25 feet from the edge ofthe apron outward along the curb, then 45 degrees in toward the propertv. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the sight distance lines. 2"'' Review: Please correct the sight lines and adjust plantings as appropriate. • Site lines have been corrected and all landscape features have been relocated outside of sight lines. 4. Completed. 5. Please provide additional sketches/details of the respite area, pedestrian corridor and perimeter walls. Additional information is needed to establish the character and look to allow for an appropriate review. Provide typical details for perimeter walls (materials, finishes, wall caps, etc.) and Corten steel walls (height, character). The Landscape Manual requires that landscaping shall be used to provide and enhance opportunities for outdoor recreation, relaxing, and eating. The respite area and pedestrian corridor should include site accessories such as trash receptacles, picnic tables, BBQ's play area, etc. Please address. 2"'' Review: The applicant has responded: "Walls and sections are included in the preliminary grading plan, sheet C5. Walls to be stucco finish which best allows for paint cover-up of graffiti at perimeter walls (especially at NCTD and Real Alley). Respite area accessories have been added to the landscape plan as requested, see sheet LC-02." The materials and finishes for the walls do not appear to be called out on the plans. Please address. Please provide an elevation ofthe shade structure with materials to clarify the character. • Materials and finishes for walls are called out on Sheet C-5 • Elevation for the shade structures has been added to Sheet LC-01. 6-9 Completed. 10. Please coordinate civil plans to show and label all enhanced paving to be installed within the right-of-wav and within anv public utilitv easement. Note on the civil and landscape plans that an encroachment permit will be required for all enhanced paving located within the right-of-wav and public utilitv easement areas. 2"'' Review: The applicant has responded: "Complete. Plans have been coordinated." I do not see the pavers shown on the civil plans and the note does not appear to have been added. Please address. • Encroachment note was added to Sheet LC-1. CT 13-05/RP 13-15 STATE STREET TOWNHOMES 2"'' Review Dated March 3, 2004 • Civil plan have been updated to include all hardscape shown on Landscape Plan, including Drive Aisles and Utility Easement area. Refer to Sheet C4 11. Completed. 12. The Landscape Manual requires plans to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Plan noto number 14 indicates that a bamboo screen is to bo providod at tho porimotor wall. It is not cloar if this is continuous. Ploaso clarify. Tho Bamboo screen will addross only tho interior portions of tho wall. Exterior portions ofthe walls also need to be screened/softened. Additional plantings are needed to soften the south property line wall. Please address. A 9' high wall (6' scroon on top of a 3' retaining wall) on tho oast property lino and a 10' wall (6' scroon wall with a 4' retaining wall) on tho west property lino arc proposed. Please address screening/softening of these walls. Landscaping is needed on the exterior portions ofthese walls. Please note that evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide appropriate detail to show that this requirement is met. Additional plantings may bo noodod along all building olovations. Soo comment ttl. 2"'^ Review: The exterior of the walls along the north and south property lines have not been addressed. Portions of the west walls have vines specified on the east side of the wall but none on the west side. Please provide documentation that shows that the specified vines will grow to the opposite side ofthe wall (east to westside) and address the exterior of the north and south walls. • The exterior of all perimeter walls has been addressed with vine plantings. • Refer to the note on Sheet LP-01 for achieving growth of vines on the exterior of walls. 13-16 Completed. 17. Provide a minimum of ono stroot troo for every 40' of stroot frontage. Trees may bo planted on contor or grouped. State Street frontage is approximately S'lO linoal foot which whon divided by 40 oquals a total of 1^ stroot troos. Ploaso resolve. It is unclear if troo grates arc proposod around tho Stato Street stroot troos. In order to allow bettor pedestrian flow, it is rocommondod that troo grates mooting accossiblo roquiroments bo usod. Please note that approval will be needed from the Engineering Division to place street trees within the right-of-way. 2"'' Review: The Engineering Division has indicated that street trees will not be allowed within the right-of-way. Please relocate street trees to be a minimum 3' outside of the right-of-way. • All street trees and grates have been removed from the sidewalk. • Additional queen palms have been added within the raised planters at a minimum of 3' outside the ROW. 18-20 Completed. 21. Water use calculations are unclear. Please list all numbers used for each calculation so that the totals can be checked. As an example, the MAWA should be as follows: MAWA = (ETo)(0.62)[(0.7 x LA) + (0.3 x SLA)] MAWA = (40)(0.62)[(0.7 x 12,413) -H (0.3 x 0)] MAWA = 215,490 gallons/year Please provide ETWU calculations on the city form as found in appendix E of the Landscape Manual. 2"'' Review: Please correct the calculations. The MAWA should be 215,490 (see above calculation). Revise the irrigation efficiency for spray to .55 and drip to .8 per the Landscape Manual, Appendix E. Revise calculations as appropriate and provide on city forms as provided in Appendix E ofthe Landscape Manual. • Calculations were verified and corrected. • Requested City Form was added to sheet LW-01 CT 13-05/RP 13-15 STATE STREET TOWNHOMES 2"'' Review Dated March 3, 2004 22-23 Completed. 24. Please add a signature line and sign the statement. • Statement and signature added to sheet LW-01 as requested. 25-26 Completed. 27. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. • Redline plan included with resubmittal. NEW COMMENTS lA. Please correct the bar scale on all sheets. • Bar scale was corrected on all sheets. 2A. Please coordinate landscape plans with civil plans. Check all areas. • Plans have been coordinated with civil engineer. • Hardscape and pavers per landscape plans are reflected in the civil plans. 3A. Please show proposed landscaping in this area to include tall (minimum 20' height), evergreen plantings to soften the building elevation. • Additional Planting has been added per request, refer to Sheet LP-01. INTRACORP WHERE THE EXTRAORDINARY IS DEVELOPING March 7, 2014 RECEIVED MAR 0 7 2014 CHRIS DeCERBO CITY OF CARLSBAD Principal Planner PLANNING DIVISION City of Carlsbad ^ i^iv loiUN 1635 FaradayAvenue Carlsbad, CA 92008 SUBJECT: Applicant Response to 2nd REVIEW COMMENTS FOR CT 13-05/RP 13-15 - STATE STREET TOWNHOMES Thank you for your thorough and comprehensive review of the above referenced applications. We have carefully reviewed each point and incorporated the modifications in the respective plans. Attached herewith is a copy of the 2"*^ Review comments, dated March 3"^, 2014 with our written responses noted in green. The following plans and documents are being resubmitted, herewith: 1. Three (3) each: City Review Letter with Applicant's written response. 2. Four (4) each: Full Size Plan Package (Folded) 3. "Redlined" Landscape sheets from previous review The colored rendering depicted on AO-1 and AO-2 still depicts the previously proposed street trees. We are working with the artist to correct the image, and will deliver the modified rendering within 2 weeks. To eliminate future conflicts, we have added metal downspouts to the architectural elevations on sheets A-302 through A-308. Downspouts are located at rear elevations, except affordable units will have downspouts at both front and rear elevations. As per previous discussions, we have a June 2014 deadline for achieving City Council Approval. To that end, we remain optimistic that the project will be heard by Planning Commission no later than May 7, 2014. 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 As always, please contact me directly at (949) 757-8461 or (949) 633-9009 should you have additional comments or questions. Sincerely, Ken Benson Intracorp Socal-1, LLC cc: Maria Escobar-Eck 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 CITY OF ^CARLSBAD OFILE Community & Economic Development www.carlsbadca.gov March 3, 2014 Mr. Ken Benson Intracorp Companies 4041 MacArthur Boulevard, Suite 250 Newport Beach, CA 92660 SUBJECT: 2"" REVIEW FOR CT 13-05/RP 13-15 - STATE STREET TOWNHOMES The items requested from you earlier to make your Tentative Tract Map and Major Review Permit, application nos. CT 13-05 and RP 13-15, complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date ofthis communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required forthe application. At this time, the City asks that you provide 4 complete sets ofthe development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. If you have any questions, please contact your Staff Planner, Shannon Werneke, at (760) 602-4621. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4663. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:sm Enc: Landscape red lines (previously provided) c: SRM Development, LLC, Attn: James Rivard, 111 North Post Street, Suite 200, Spokane, WA 9S201 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CT 13-05/RP 13-15 - STATE ?TREET TOWNHOMES Kornberg Family Trust, Attn: Howard Kornberg, 10880 Wilshire Boulevard, Suite 1840, Los Angeles, CA 90024 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Gregory Ryan, Fire Prevention File Copy Data Entry E^R CT 13-05/RP 13-15 -STATE3TREET TOWNHOMES March 3, 2014 Page 3 ISSUES OF CONCERN Planning; 1. Due to the narrow width of the sidewalk and the absence of a parkway along the State Street frontage, please relocate the street trees outside of the right-of-way and behind the sidewalk. Please note that the street trees do not have to be equidistant and can be grouped together. 2. As discussed in Engineering comment No. 3 below, the area of Lot 3 should be incorporated into Lot 1. Please revise each ofthe applicable sheets to address this requirement. Engineering; 1. The existing storm drain easement should be shown to be widened to provide for a 20' minimum width. Land Development Engineering standard condition of approval #61 states in part that public facilities should be within public right-of-way or within minimum 20-foot wide easements granted to the City of Carlsbad and that at the discretion of the city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 2. No street trees, tree wells or tree grates should be shown or proposed within the existing or proposed public right of way for State Street. The city is exploring options for redevelopment of State Street that may involve relocation ofthe curb and gutter as well as revised parking layouts and sidewalk configurations. 3. Lot 3 should be incorporated into Lot 1. A reason given for the creation of a separate lot in this area was the inability to access the area from the 'property' side and therefore to separate the area between the 6' wall and alley from the project. This area should remain a portion of Lot 1 to insure that it is clear that this area is a part ofthe project and that maintenance ofthis area is the responsibility of the HOA. Creation of a separate lot could provide options for the HOA to distance itself from maintenance obligations. As for the city acquiring this area in the future, the city has no current or future plans for acquiring this area. If the option arose however, title could be conveyed by describing a portion of Lot 1 with a meets and bounds description. Landscaping: Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1. Please show and label all property lines, easements, right-of-ways, drainage elements and bio- retention areas on the landscape plans. 2"*^ Review: All easements, drainage elements and property lines do not appear to be shown and labeled. Please address. Please note that trees are not allowed within public utility easements. Please relocate trees as appropriate. Provide appropriate plantings in bio-retention areas. 2. Plans aro too concoptual to provide on appropriate roviow. Ono symbol is usod for all shrubs and ground covers which may be very different in size and charactor. Ploaso provide a soparato symbol for each typo of shrub (i.o. large ovorgroon shrub, modium size shrub, small flowering E^l CT 13-05/RP 13-15 - STATE STREET TOWNHOMES March 3, 2014 Page 4 accent shrub, etc.) and ground covers. Final comments are roservod ponding recoipt of moro comploto plans. 2"'' Review: Please indicate the proposed plantings below the trees (typical all areas). 3. Please show and label all vehicular sight lines on the landscape plans. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturitv) as measured from adiacent street grade are not permitted at street corners within a triangular zone drawn from two points. 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the sight distance lines. 2"'' Review: Please correct the sight lines and adjust plantings as appropriate. 4. Completed. 5. Please provide additional sketches/details of the respite area, pedestrian corridor and perimeter walls. Additional information is needed to establish the character and look to allow for an appropriate review. Provide typical details for perimeter walls (materials, finishes, wall caps, etc.) and Corten steel walls (height, character). The Landscape Manual requires that landscaping shall be used to provide and enhance opportunities for outdoor recreation, relaxing, and eating. The respite area and pedestrian corridor should include site accessories such as trash receptacles, picnic tables, BBQ's play area, etc. Please address. Z"'' Review: The applicant has responded: "Walls and sections are included in the preliminary grading plan, sheet C5. Walls to be stucco finish which best allows for paint cover-up of graffiti at perimeter walls (especially at NCTD and Real Alley). Respite area accessories have been added to the landscape plan as requested, see sheet LC-02." The materials and finishes for the walls do not appear to be called out on the plans. Please address. Please provide an elevation of the shade structure with materials to clarify the character 6-9 Completed. 10. Please coordinate civil plans to show and label all enhanced paving to be installed within the right-of-wav and within any public utilitv easement. Note on the civil and landscape plans that an encroachment permit will be required for all enhanced paving located within the right-of-wav and public utilitv easement areas. 2"'' Review: The applicant has responded: "Complete. Plans have been coordinated." I do not see the pavers shown on the civil plans and the note does not appear to have been added. Please address. 11. Completed. 12. The Landscape Manual requires plans to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Plan note number 14 indicates that a •ESTR CT 13-05/RP 13-15 - STATE STREET TOWNHOMES March 3, 2014 Page 5 bomboo scroon is to bo providod at tho porimotor wall. It is not cloar if this is continuous. Plooso clarify. The Bamboo scroon will address only tho interior portions of tho wall. Exterior portions of ~ the walls also need to be screened/softened. Additional plantings are needed to soften the south property line wall. Please address. A 9' high wall (6' scroon on top of a 3' retaining wall) on tho oast property lino and a 10' wall (6' scroon wall with o 1' retaining wall) on the west property lino aro proposed. Please address screening/softening of these walls. Landscaping is needed on the exterior portions of these walls. Please note that evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide appropriate detail to show that this requirement is met. Additional plantings may bo noodod along all building elevotions. Soo comment tt2. 2"^ Review: The exterior of the walls along the north and south property lines have not been addressed. Portions of the west walls have vines specified on the east side of the wall but none on the west side. Please provide documentation that shows that the specified vines will grow to the opposite side of the wall (east to west side) and address the exterior ofthe north and south walls. 13-16 Completed. 17. Provide a minimum of ono street troo for ovory 'IO' of stroot frontago. Trees may bo planted on contor or grouped. State Stroot frontage is approximately 540 linool foot which whon divided by '10 equals a total of 11 stroot troos. Ploaso rosolvo. It is unclear if treo grates are proposod around tho Stato Stroot stroot trees.—In ordor to allow bottor pedestrian flow, it is rocommendod that treo grates mooting accossiblo requiremonts bo usod. Please note that ~^ approval will be needed from the Engineering Division to place street trees within the right-of- way. 2"'' Review: The Engineering Division has indicated that street trees will not be allowed within the right-of-way. Please relocate street trees to be a minimum 3' outside of the right-of- way. 18-20 Completed. 21. Water use calculations are unclear. Please list all numbers used for each calculation so that the totals can be checked. As an example, the MAWA should be as follows: MAWA = (ETo)|0.62)[(0.7 x LA) + (0.3 x SLA)] MAWA = (40)(0.62)[(0.7 x 12,413) + (0.3 x 0)] MAWA = 215,490 gallons/year Please provide ETWU calculations on the city form as found in appendix E of the Landscape Manual. 2"'' Review: Please correct the calculations. The MAWA should be 215,490 (see above calculation). Revise the irrigation efficiency for spray to .55 and drip to .8 per the Landscape Manual, Appendix E. Revise calculations as appropriate and provide on city forms as provided in Appendix E ofthe Landscape Manual. -22-23 Completed. 24. Please add a signature line and sign the statement. 25-26 Completed. f ^ ; STREET TOWNHOMES ^ CT 13-05/RP 13-15 - STATE STREET TOWNHOMES March 3, 2014 Page 6 27. RETURN REDUNES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. NEW COMMENTS lA. Please correct the bar scale on all sheets. 2A. Please coordinate landscape plans with civil plans. Check all areas. 3A. Please show proposed landscaping in this area to include tall (minimum 20' height), evergreen plantings to soften the building elevation. 4> INTRACORP WHERE THE EXTRAORDINARY IS DEVELOPING February 7, 2014 RECEIVED Fc3 0 7 201^1 CHRIS DeCERBO Principal Planner ' CITY OF CARLSBAD City of Carlsbad PLANMING DIVISION 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: Applicant Response to 1^^ REVIEW COMMENTS FOR CT 13-05/RP 13-15 - STATE STREET TOWNHOMES Thank you for your thorough and comprehensive review of the above referenced applications. We have carefully reviewed each point and are pleased to be able to respond to each of the comments in the attached document. As per our meeting this past Monday, we have significantly increased the level of plan development to assure that the project can be executed as planned. We have also refined the plans and renderings for consistency. To help simplify staff review, we have included your Review Letter with our written responses in green italics. We have used the word "COMPLETE" to represent our full compliance. The following plans and documents are being resubmitted, herewith: 1. Three (3) each: City Review Letter with Applicant's written response. 2. Eight (8) each: Full Size Plan Package (Folded) 3. One (1) each: Plan Package reduced to 11" x 17" 4. One (1) additional: Color and Material Board (one delivered on 2/3/14) 5. Three (3) each: Preliminary Hydrology Report, dated January 2014 6. Three (3) each: Preliminary Storm Water Management Plan, dated February 2014 7. Three (3) each: Phase I and Limited Phase II Environmental Site Assessment, dated January 9, 2014 8. One (1) each: Full size ALTA Land Title Survey 9. Two (2) each: Geotechnical Update, dated February 4, 2014 with Preliminary Geotechnical Investigation, dated December 7, 2005 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 We are hopeful that you will find each of the responses to be both appropriate and approvable. As always, please contact me directly at (949) 757-8461 or (949) 633-9009 should you have additional comments or questions. Sincerely, Ken Benson Intracorp Socal-1, LLC 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 RECEiVED CT 13-05/RP 13-15 - STATE STRm" TOWNHOMES December 16, 2013 frv^ 0 7 20n UST OF ITEMS NEEDED CITY OF CARLSBAD r tT^°'''Ti'''^^'ZTH\ ej,A!>lN!NG DIVISION With Applicant Responses Italicized ana Noted in Green (2/7/14) Planning: 1) As recommended in the Phase I Environmental Assessment prepared by Hillmann Consulting, LLC (November 18, 2013), please submit a Limited Phase II Subsurface Investigation for the existing auto body facility. • COMPLETE • A new environmental report is included in the resubmittal package, entitled: Phase I and Limited Phase II Environmental Site Assessment by Leighton and Associates, dated January 9, 2014. • The new report includes the subsurface investigation, as recommended in the Hillman Phase I report. 2) Additional enhancements are recommended to the design of the rear elevations of ali of the units as well as significant upgrades in the design of inclusionary units. • COMPLETE • We have completed significant enhancements to the rear elevations and inclusionary units, including refinements to massing and architectural detailing, materials, colors, doors and balconies. • The inclusionary units reflect significant improvements and variations to the roof lines and details which improve the scale as compared to the other buildings. Refer to sheets A302 • The rear elevations have also been enhanced with an emphasis on subtle but significant variations in materials, color blocking, and variations to the rooflines with railings. Refer to Sheets A303, A304, A305, A306, A307 and A308, as well as the Color and Material Sample Boards. 3) Please revise all applicable project plans (i.e., cover page, floor plan and elevations) to comply with the recommendations of the Noise Analysis prepared by RBF Consulting (November 7, 2013). Specifically, please revise the plans pursuant to Exhibits 4 and 5 of the report. Minimum Recommended STC Ratings for Windows and Exterior Doors for the ground and upper floors. • COMPLETE • Notes have been added to the plans to ensure incorporation of the STC Rating requirements as per the Noise Analysis recommendations. See Project General Notes on AOI. 4) Please revise all appropriate plans to provide one van accessible parking space. In addition, please identify the accessible path of travel. Please see comments received from the Building Department below. • COMPLETE • The Van Accessible Parking space has been identified and labeled on all site plans. • Accessible path of travel is depicted on sheet AlOl. 5) Please change the scaie for the site plans, grading pian and tentative map from 1"=30' to 1"=20' scale so a more detailed review can be completed (as has been done with the landscape plan). • COMPLETE • Scale has been revised as requested 5) Please add the project numbers to the upper right hand corner ofthe plans. • COMPLETE • cr 13-05 and RP 13-15 have been added to all sheets as requested 7) Please submit a separate full size (i.e., 24"x36") exhibit identifying the existing structures and existing topography (i.e., Existing Site Plan). In addition, please add the pad elevations on the adjacent property and -note any existing trees or retaining walls adjacent to the north and south property lines. This information vM CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 2 be used to assess the projects impacts with respect to the proposed combination retaining/sound wall. Please include the exhibit with the set of plans on a 24x36 sheet. • COMPLETE • Existing Site Plan has been created and included with the civil plans. See sheet C2 of 6. 8) Please revise the project to ensure that ali grading is located on-site. The proposed 2:1 slope along the western property line is not permitted in the alley right-of-way or on the adjacent NCTD property. • COMPLETE • Sfte grading has been redesigned to more closely match the adjacent edge conditions. • Incorporated city suggested staggered wall along public area to avoid walls exceeding 6'. • Incorporated combo wall with max height of 7.5' at property line adjacent to NCTD lay down yard. • All grading will be performed on site. 9) Staff has concerns about the combined height of the proposed retaining and sound walls (i.e., 8-10 feet). Please explore reducing the height of the fill on the property so the retaining walls can be reduced in height or constructing a manufactured slope instead. If this is not feasible, the proposed six-foot-tall sound wall should be offset a minimum of three feet from the retaining wall (i.e., along the north, south and west property line) to allow for a minimum three-foot-wide landscape planter in between the retaining wall and the sound wall. In addition, please add small landscape pockets in front of the walls facing the interior of the site. Please revise the plans accordingly. • COMPLETE • Issue has been addressed in response for item 8 above. • At the existing Alley - a staggered wall condition was implemented to comply with the requested 6' wall height. Wall Sections and elevations are depicted on the preliminary grading plan. • Eliminated off-site grading condition with a combination retaining/sound wall at the NCTD property. The combo. Wall will have a maximum height of 7.5' as measured on the NCTD side. Sections and elevations are depicted on the preliminary grading plan. 10) Please revise all applicable plans to add decorative paving (minimum depth of 20 feet) at each of the driveways proposed off of State Street. • COMPLETE • Enhanced concrete paving has been included. • Refer to sheet LC-01 11) Please revise the plans to add a barbeque and picnic tables with a trellis to the common open space area. • COMPLETE • Common trellis, picnic tables and barbeque added as requested. • Refer to the landscape site plan 12) Please revise all applicable plans to note that "Lot A" is required to be dedicated for a public street easement. • COMPLETE • Note Added • Per Engineering Tentative Map comment 6, all lots have been designed by numbers, and this lot is Lot 2. 13) Because Units 18 and 47 are strictly residential uses (i.e., no work space), the required front yard setback in Land Use District 4 of the Village Master Plan (VMP) is an average of 10 feet. This area is required to be landscaped. Please revise the plans accordingly to ensure that an average of 10 feet is provided between Units 18 and 47 and the ultimate right-of-way. • COMP!.B': CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 3 • Unit 18 (and entire building) was moved closer to the rear alley to ensure compliance with the 10 foot setback • To meet the setback requirement for unit 47, the buiiding footprint was modified and angled to provide 10 foot setback as required. • Revised footprints refiected throughout the plans, refer to sheet AlOl to see the redesign. 14) Please be advised that a deviation from the standards will be required for the size of the one-car garage (ll'xig') proposed for the inclusionary units. • ACKNOWLEDGED • IVe believe that the garage size is adequate for parking both standard and compact size cars. • A graphic depiction of cars parked in the garage is shown on sheet A201. 15) Please revise the Cover Page (AOI) as follows: a. Add contact information for the owners, applicant, architect, landscape architect and civil engineer; • COMPLETE • See project team listed on sheet AOI. b. Revise the aerial photograph to accurately depict the footprint of the development. Specifically, 2501 State Street (APN 155-200-07) is not a part ofthe project; • COMPLETE • See sheet AOI for project location c. Add a project description. Please include details on what is proposed to be demolished and a summary of what will be constructed; • COMPLETE • See AOI for project description d. Add the existing and proposed Average Daily Trips (ADTs); • COMPLETE • See sheet Cl for Project Trip Generation summary e. Add the General Plan Land Use Designation, V, to the "Project Summary"; • COMPLETE • See sheet AOI f. Add reference to the project being located within Land Use District 4 of the Village Master Plan; • COMPLETE • See sheet AOI g. Add APN 203-054-22 to the list of APNs included in the project; • COMPLETE • See sheet AOI h. Revise the net lot area to add the storm drain easement back in to the overall area. Storm drain easements shall be included in the net lot area for the purposes of determining a project's density (per CMC Section 21.53.230). • COMPLETE • See sheet AOI i. Including the storm drain easement (as required), the proposed density is 24.86 du/ac (47 1.89 = 24.86), not 26.17 du/ac as noted on the cover sheet. Please revise the plans (including civil plans) accordingly; • COMPLETE • See sheet AOI and Cl j. Clarify the difference between the net and gross square footage (SF). To avoid further confusion; it is staff's preference that gross SF be used and the net floor area be removed from the project plans. • COMPLETE • Eliminated Net SF as requested 16) Please revise the Site Plan (Sheet Cl) as follows: a) Identify the property lines (existing and proposed, if right-of-way dedication is required); -> COi'.iPLETL CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 4 • See sheet AlOl • Existing PL clarified on Civil Plans h) Identify location of communal mailbox; please see comments from the Police Department with respect to the location; • COMPLETE • See sheet AlOl • Mailbox located on Landscape Site Plan c) Label the location of the accessible parking stalls (i.e., southern cluster of stalls); • COMPLETE • Labeled on all site plans d) Label the required 10 foot wide front yard setback for the 2"'^ and 3'^'' floors of the live/work units facing State Street. In addition, because Unit 47 is not a live/work unit, a 10 foot-wide front yard setback is required for each floor, including the ground floor. Although it is unclear where the ultimate right-of- way/property line is on this plan, it does not appear that Unit 47 complies. Please revise the plans as appropriate; • COMPLETE • Units 40-47 have been rotated to respect the 10 foot front setback as required. • Clarified Property Line/ROW on Site Plans • Added dimension on civil site plan • Added 2"'' and f'fioor site plans to depict building setbacks at all levels e) The proposed standard and compact parking stalls do not meet the minimum dimensions as specified pursuant to CMC Chapter 21.44. The minimum specifications for standard and compact parking stalls are as follows: • Standard: minimum area of 170 square feet and minimum width of 8.5 feet. A maximum overhang of 2.5 is allowed, provided the overhang does not encroach into required landscaping or sidewalk. • COMPLETE • Standard Stall dimension has been revised to 9 x 19 = 171 SF • Compact: Minimum width of 8 feet and minimum depth of 15 feet. No overhang is permitted. • COMPLETE • Compact Stail dimension has been revised to 8x15 Please revise the plans accordingly to address this requirement. Refer to sheet AlOl for revisions 17) Please revise the Vesting Tentative Tract Map Exhibit (Sheet C2) as follows: a) Convert the sewer generation rate from MGD to EDU; • COMPLETE b) Provide a detail for Lot A (as provided for Lot B). It is not clear what is proposed in this area and what the ultimate ROW is; • Information is much clearer with 20 Scale drawings • iots changed to numerals 18) Please revise the Preliminary Grading Plan (Sheet C3) as follows: a) Identify the existing topographical contours; • COMPLETE b) Revise Cross Section A-A and C-C to identify any existing walls and/or planting on the adjacent properties to the north and south; • COMPLETE • Wo existing vegetation along south edge. Existing vegetation is identified and added at the northwest corner c) Add TW and BW measurements in three locations for each property line, including the worst condition (i.e., highest/most impacting point). • COMPLETE • ^ liifo/maticn nddc~l d: raqi:c;^:::! CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 5 19) Please revise the Fire Access Plan (Sheet C4) as follows: a) The same color of shading/symbol is used for the internal fire access driveways and the public streets. Based on what is depicted on the site/grading plans, the internal driveways will be private. Please clarify and revise the plans as appropriate. • COMPLETE • Changed hatch pattern to as requested to identify public vs private 20) Please revise the Floor Plans (Sheets A201-A207) as follows: a) Change the floor area (in SF) from net to gross. • COMPLETE • Net SF has been replaced with Gross SF 21) Please revise the Elevations (Sheets A301-A303) as follows: a) Provide elevations (all sides) for each group of buildings; • COMPLETE • See sheets A302-A308 b) The elevations facing State Street should be identified as the east elevations (currently identified as the north elevation) Please revise the orientation of each of the elevations using this as a guide; • COMPLETE • Orientation has been revised, see sheets A304 and A306 c) Identify the existing and proposed grade for each group of buildings; • COMPLETE • See existing and proposed grade notes on A302 - A308 d) Identify the inset/relief of the windows from the face of each elevation; • COMPLETE • See the detail on sheet A401 e) Submit cross sections of the buildings identifying how the A/C units will be screened from the street and other public viewpoints such as the alley; • COMPLETE • See cross section on sheet A401 f) To provide some variation along each span of elevations, a variation in color (i.e., two complimentary palettes) and/or materials is recommended; • COMPLETE • Revised the Color palette to include additional stucco color and accent colors to increase variation in buildings. • The resubmittal includes various color 3D perspective renderings to demonstrate the redesign. g) Staff has some initial concerns regarding the cooler earth tone color palette (i.e., gray, white, dark brown). So staff can adequately review the proposed coior palette, please submit a color/materials board which includes paint, wood and concrete samples. If a similar color palette has been used for a similar product type which has been constructed, photos would be helpful; • COMPLETE • Sheet A301 depicts a Color and Material key • Color and Material Sample boards are included in the resubmittal h) Add articulation, additional building relief, change in materials, etc. to the rear elevations. • COMPLETE • Units include minor offset staggering and we have redesigned the rear elevations with varied rooflines, vertical massing relief and integrated material and color variations. • Also the Drive Aisles have been enhanced with interlocking pavers and planting to compliment the architecture and create a sense of motor court and pedestrian friendly paseo. Additional Planning Comment, Received 2.4.14: Please have your architect demonstrate on the plans how the vehicles vvill be able to back out ofthe garages for the units along the northern property line. VVe typically would CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 6 require some sort of kicker space for Unit 40 in this instance. While I like the rotation in the units (from an architectural standpoint), it's a very odd angle for cars to back up and be able to travel to the east towards the ingress/egress off State in one 3 pt. turn. It will be helpful to have a turning radius exhibit showing how this can be accomplished. • COMPLETE • Sfte Plan Sheet AlOl includes the back-up distance (27') and turning radius for unit 40 (24'). NCPRTH PARK 2 STANDARD STANDARD q Engineering: 2. Identify which sheets of those submitted will comprise the tentative subdivision map. Refer to the attached Development Permit P-2 Section I.A. to identify the information to be shown or represented on the tentative map. • COMPLETE • RBF sheets Cl, C3, C4 and CS comprise the TTM. • RBF sheet C2, depicts the existing improvements to be demolished per Pianning Comment 7. • RBF sheet C6 is the Fire Access Plan 3. Submit a preliminary geotechnical investigation. • COMPLETE • Preliminary Geotechnical Report by Leighton & Associates is included with resubmittal 4. Plot all easements shown in the preliminary title report including reference to the grantee and the document number. • COMPLETE • Easements are included and called out on sheets C2 & C3 5. Provide a copy of the ALTA /ACSM dated Sept 1, 2005 referred to as Item 6. In the preliminary title report. • The Existing Site Plan (C2) is based on an ALTA Survey for the property, dated November 12, 2013, by RBF Consulting. • A single copy of the ALTA Survey is provided as a courtesy. • ALTA Surveys are not public record documents and therefore the detail survey cannot be provided as part of the formal submittaL Tentative Map 5. In the upper right hand corner of all exhibits proposed to be included in the tentative map, list the application numbers for this project. J COMPLETE cr 13-05 & RP 12-15 added aj requested CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 7 6. All lots should have number designations rather than letters. • COMPLETE • Map revised to reflect only numbered lots. Same as Planning Comment 12 7. Clarify the maximum heights of the retaining walls and screening walls in Sections C-C and D-D on sheet C2. Plan view shows reversed retaining wall heights from that shown in the sections. • COMPLETE • See Preliminary Grading Plan (C5) for elevations and revised sections 8. Clarify what off-site work, grading and/or stairs shown on sheet C4, is required within the public alley on NCTD property. Provide cross sections along the southwesterly property line showing the relationship of the wall footing to the existing/proposed face of slope and the proposed grading northwesterly of the alley. Provide letter of contact from NCTD for any work proposed on NCTD property. Additional improvements along the State Street Alley may be required after review of the cross sections. Please contact Steve Bobbett, Associate Engineer, at (760) 602-2747 for additional information and prior to resubmittal of the plans. • COMPLETE • Stairs shown begin at Property line and are contained within the project site. • Wall sections reflect that the face of walls and footings will coincide with the PL/ROW, and that the walls will be completely contained within the project site. • Site Plan and Preliminary Grading have been revised to eliminate any grading on the NCTD property. 9. Identify the on-site sewer system as private. • COMPLETE 10. Verify the sewer generation rate using 220 gallons per day per EDU and 1.0 EDU per dwelling unit. • COMPLETE • Original calculation did not use 220 Gal/day. • Revised as requested which translates to (47 EDU * 220 gal/day) 10,340/gal/day (0.103 MGD) 11. Show the location of the proposed irrigation water service and meter as well as the 47 potable water services and meters. • COMPLETE • Irrigation water service called out on site plan. Due to limited space a typical detail has been added to site plan (sheet C4) to show typical sewer and lateral placement in front of units. Building: 1. Please ensure that the project is designed pursuant to the 2013 California Green Building Standards Code. • ACKNOWLEDGED • A Project General Note is included on sheet AOI 2. A total of 10% ofthe units (i.e., four units) shall be designed to be adaptable and accessible at the ground floor level (CBC1102A.3.1). • COMPLETE • A Project General Note is inciuded on AOI 3. If designated/assigned parking is required (i.e., inclusionary parking stalls), a total of 2% of the parking stalls or not less than one parking stall shall be required. Therefore, because six of the parking staiis are required for the inclusionary housing units, one van accessible parking stall is required. This stall can be striped/located as part of the northern cluster of parking stalls. COMPLETE > 1 A[:::er:;ib!.e perk'eg sie'! iia:.: been identified and labeled cn eacii oftiie site olaiis CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Pages Fire: Any comments received from the Fire Department will be forwarded under a separate cover. • Fire Department Review was completed with no comments. • Fire Department previously acknowledged that the project layout, truck access and Hose Pull lengths were ok. Landscaping: Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. • As authorized by City Planner, SMP (Landscape Architect) has been in contact with Michael Elliott (Landscape Plan Checker) relative to the review comments and revisions are moving forward. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please show and label all property lines, easements, right-of-ways, drainage elements and bio-retention areas on the landscape plans. • COMPLETE • Additional information added and called-out on plans 2. Plans are too conceptual to provide an appropriate review. One symbol is used for all shrubs and ground covers which may be very different in size and character. Please provide a separate symbol for each type of shrub (i.e. large evergreen shrub, medium size shrub, small flowering accent shrub, etc.) and ground covers. Final comments are reserved pending receipt of more complete plans. • COMPLETE • Significant plan development has been included along with details as requested 3. Please show and label all vehicular sight lines on the landscape plans. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the sight distance lines. • COMPLETE • Vehicular sight lines have been added to the landscape plans as requested. 4. Please indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. • COMPLETE • All positive surface drainage awayfrom structures has been noted in the plans. • Refer to Preliminary Grading plan for additional information 5. Please provide additional sketches/details of the respite area, pedestrian corridor and perimeter walls. Additional information is needed to establish the character and look to allow for an appropriate review. Provide typical details for perimeter walls (materials, finishes, wall caps, etc.) and Corten steel walls (height, character). The Landscape Manual requires that landscaping shall be used to provide and enhance "REET" CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 9 opportunities for outdoor recreation, relaxing, and eating. The respite area and pedestrian corridor should include site accessories such as trash receptacles, picnic tables, BBQ's play area, etc. Please address. • lVo//s and sections are included in the Preliminary Grading Plan, sheet C5. • Walls to be stucco finish which best allows for paint cover-up of graffiti at perimeter wails (especially at NCTD and Real Alley. • Respite area accessories have been added to the landscape plan as requested, see sheet LC-02. 6. Please indicate the proposed quantities oftrees in the legend and indicate the spacing and general layout of shrubs and ground covers on the plans and in the legend. Indicate the proposed ground cover spacing and all proposed tree, shrub and ground cover sizes (i.e. 1 gallon, 5, gallon, 15 gallon, flats, etc.). • COMPLETE • Tree and shrub quantities and spacing have been added to the plant schedule, see sheet LP-01. 7. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. • COMPLETE • There is no old growth, substantial or protected trees existing on site. • Various smaller trees and queen palms are currently planted along State Street at the 2 story office building, as indicated on sheet C2 8. Trees with broad branch structures shall be planted only where sufficient space is available. Camphor trees appear to be proposed in areas that are too small. Several along the west property line appear to be located in a walkway. Please resolve. • COMPLETE • Tree materials are proposed where applicable 9. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view ofthe project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners association (HOA), etc.). • COMPLETE • Maintenance Exhibit is included as sheet LN-01 10. Please coordinate civil plans to show and label all enhanced paving to be installed within the right-of-way and within any public utility easement. Note on the civil and landscape plans that an encroachment permit will be required for all enhanced paving located within the right-of-way and public utility easement areas. • COMPLETE • Plans have been coordinated 11. Landscaping shall be used to accentuate and enhance architecture. Please provide appropriate detail to show that this requirement is met. Additional plantings may be needed along all building elevations. Check all areas. See comment #2. • COMPLETE • Proposed Landscape Imagery has been included in the Color Renderings 12. The Landscape Manual requires plans to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Plan note number 14 indicates that a bamboo screen is to be provided at the perimeter wall. It is not clear if this is continuous. Piease clarify. The Bamboo screen will address only the interior portions of the wall. Exterior portions of the walls also need to be screened/softened. Additional plantings are needed to soften the south property line wall. Please address. A 9' high wall (6' screen on top ofa 3' retaining wall) on the east property line and a 10' Vv-all (6' screen wall with a 4' retaining wall) on the west property line are proposed. Please address screening/softening ofthese walls. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 10 Landscaping is needed on the exterior portions of these wails. Please note that evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide appropriate detail to show that this requirement is met. Additional plantings may be needed along all building elevations. See comment #2. • COMPLETE • Per the landscape manual, the proposed landscape elements have been designed to screen elements of unsightliness and to soften new improvements. • Exterior portions of the walls will be screened with bamboo. 100% screening will be met within two (2) years of installation. 13. All trees (except on slopes 3:1 or steeper) shall be a minimum 15 gallon size. Please insure this requirement is met. See comment #2. • COMPLETE • All trees wlll be installed at or exceeding 15 gallons In size. See sheet LP-01 14. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please insure this requirement is met. See comment #2. • COMPLETE • Currently, 53.3% of shrubs wiil be installed at or exceeding 5 gallons in size. • See sheet LP-01 15. Woody shrubs shall be planted over herbaceous ground cover areas to cover 60% of the ground cover area (at mature size). Please insure this requirement is met. See comment #2. • COMPLETE • Shrubs will be planted over herbaceous groundcover areas. 16. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. Please insure this requirement is met. See comment #2. • Ongoing coordination with civil engineer shall ensure all utility installations are screened • Noted, light pole locations and tree plantings will be coordinated to avoid conflicts • Notes added to plans 17. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. State Street frontage is approximately 540 lineal feet which when divided by 40 equals a total of 14 street trees. Please resolve. It is unclear if tree grates are proposed around the State Street street trees. In order to allow better pedestrian flow, it is recommended that tree grates meeting accessible requirements be used. Please note that approval will be needed from the Engineering Division to place street trees within the right-of-way. • COMPLETE • The street frontage has been redesigned to include at least one (1) tree every 40'. 18. The Landscape Manual requires that landscaping enhance and be compatible with the positive character of existing neighborhoods. Palms (King and Queen Palms) appear to be the existing predominant street tree along State Street. Please revise the street trees on State Street to Queen Palms in order to provide street scene continuity. • COMPLETE • Queen Palms have been used to match the character of the street and adjacent properties • Newer residential community directly across State Street also uses Queen Palms. 19. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 11 located in close proximity to the spaces they are to shade. Please insure this requirement is met. Check all parking areas. • COMPLETE • Shade trees have been located as requested. 20. A perimeter landscape border of at least eight (8) feet in width (exclusive of curbs) shall be provided around each outdoor/at grade parking area unless the Zoning Ordinance or other governing document specifically provides otherwise. The perimeter landscaped border (between property lines and parking areas) may include any landscaped yard, setback, or landscaped area otherwise required within the property and shall be continuous except for required access points. A perimeter landscape border is not required between a parking lot and building. Please resolve. • Planting areas are limited by the overall Site Plan and Landscaping has been included wherever feasible. 21. Water use calculations are unclear. Please list all numbers used for each calculatio n so that the totals can be checked. As an example, the MAWA should be as follows: MAWA = (ETo)(0.62)[(0.7 x LA) + (0.3 x SLA)] MAWA = (44)(0.62)[(0.7 x 11,640) + (0.3 x 0)] MAWA = 222,277 gallons/year Please provide ETWU calculations on the city form as found in appendix E of the Landscape Manual. • COMPLETE • Calculations clarified and included on the city's form as requested. 22. Please show/indicate where the Arbutus and Dracaena are to be used. • Both species have been eliminated from the plans 23. Plans reference both potable and recycled water use. Please clarify where each will be used. Please provide a colored or hatched plan clearly showing where potable versus recycled water is proposed. This exhibit will be forwarded to Carlsbad Municipal Water District (CMWD) for review. I do not believe that recycled water is currently available in this area. Please contact CMWD to verify. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. • Wo reclaimed water is available in the vicinity. • Wo reclaimed water is proposed forthe project 24. Please add a signature line and sign the statement. • COMPLETE 25. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. Check all areas. • COMPLETE • Revised plans are in compliance 25. Please add the following notes to the plans and insure all requirements are met: (See Notes on Sheet LP-01) Slopes 5:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: , Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flov.'ers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30} days. CT 13-05/RP 13-15 - STATE STR^"TOWNHOMES December 15, 2013 Page 12 Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder ofthe year. • COMPLETE (LP-01) b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). • COMPLETE (LP-01) c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent ofthe slope face (at mature size) • COMPLETE (LP-01) d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. • COMPLETE (LP-01) Slopes - 6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. • COMPLETE (LP-01) Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. • COMPLETE • See Notes on LP-01 27. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. • COMPLETE • Landscape Plans were resubmitted to Michael Elliott as required ADVISORIES/ISSUES OF CONCERN 1) Prior to moving forward to the public hearing, the proposal to satisfy the project's inclusionary housing requirement requires approval from the city's Housing Policy Team. The project is tentatively scheduled to be considered by the Team in mid-January. • ACKNOWLEDGED AND IN PROGRESS o T/7C Housing Policy Team lias rceiewod our project and v;iil not be reqiiesdnrj ti:e cddit'encd Affordable Unii to be cn site. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 13 • They will allow the purchase of one off-site credit at the "Tavarua" project. • Debbie indicated that in order for the purchase of the Tavarua site to be an option she needs to take a formal request to City Council so that they can set the rate for that site. She anticipates gong to City Council in March. She said this issue would be a condition for permit issuance and not a factor in Entitlement approvals. 2) City Council Policy No. 43, Excess Dwelling Unit Allocation. Pursuant to the Village Master Plan, all housing in the Village Area requires an allocation of excess dwelling units from the Proposition E "Excess Dwelling Unit Bank." In approving a request for an allocation of excess dwelling units, the City Council will be required to make the following findings: a. That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses; b. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document; and c. That the project complies with the findings stated in the Carlsbad Village Master Plan and Design Manual, Chapter 3, Development Standards, for projects that exceed the maximum densities set forth therein. • ACKNOWLEDGED • In progress In addition to the above, an applicant for an allocation of excess dwelling units shall agree to provide the number of inclusionary housing units required pursuant to CMC Section 21.85.050 and to execute an affordable housing agreement pursuant to CMC Section 21.85.140. The calculation of the number of dwelling units shall be based on the total number of dwelling units in the project. The applicant shall otherwise agree to comply with the requirements of CMC Chapter 21.85 applicable to the inclusionary units. Furthermore, these requirements shall be considered the minimum requirements for allocation of excess dwelling units. As determined by City Council, these minimum requirements may be increased depending on various factors, such as project scope and size and the amount ofthe allocation request. • ACKNOWLEGED 3) Proiect Densitv. For properties located outside of the coastal zone and within Land Use Districts 1-4 of the Village Area, the allowable density range is 28-35 dwelling units per acre. The proposal to construct 47 live/work units on a 1.89-acre lot (i.e., combined size of 5 properties) has a proposed density of 24.87 dwelling units per acre (47/1.89 = 24.87 d/u per acre). Please be advised that in order to achieve the minimum density, an additional 6 units should be constructed (53/1.89 = 28.04 d/u per acre). • A DETAIL PROJECT DENSITY JUSTIFICATION SUMMARY IS PROVIDED ON THE NEXT PAGES While staff encourages you to redesign the project so the minimum density can be achieved, please be advised that if the proposed project remains below the allowable minimum density, the following findings must be made by City Council: a. The reduction is consistent with the adopted General Plan, including the Housing Element; and b. The remaining sites identified in the Housing Element are adequate to accommodate the city's share of the regional housing need pursuant to Government Code Section 65584. ACKNOWLEDGED As discussed with City Staff following the city's Preliminary Plan Review, the applicant has studied numerous site plan and residential product type alternatives with the intent of adding additional units. Unfortunately, given the site's physical and legal constraints, meeting the 28 - 35 du/acre is not feasible. CT 13-05 RP 13-15 Intracorp: State Street (PROJECT DENSITY) Zone General Plan Gross Lot Area On-site Inclusionary Units On-site Market rate Units Site Density BY CODE V-R 28-35 du/acre outside coastal zone 1.89 acres 82, 225 sf 6 (2 bedroom 2 bath) 41 (2 bedroom, den & work, 3 bath) {^87 du/acre^) 6 units short 53-66 du's Strom Drain Easement Net Lot Area Site density PRACTICALLY 0.09 acres 4,005 sf 1.80 acres 78,220 sf 26.17 du/acre 3 units short 50-63 du's Required Open Space (20% ofthe Lot Area) FINDINGS 1. The reduction is consistent with the adopted General Plan, including the housing element; and 2. The remaining sites identified in the Housing element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code section 65584. The city encourages the production of new housing units that offer a wide range of housing types to meet the varied needs of its diverse population. This project will provide a unique housing opportunity within the Carlsbad Village. The project will deliver 41 market rate 3 story townhomes with ground floor home offices and 6 inclusionary 2 story townhomes in the heart of the Village. The site is an assembly of 5 parcels that are constrained by 2 adjacent public rights-of-ways and a large storm drain easement that bisects the site. The Current General Plan and corresponding Housing Element identify hundreds of vacant and underutilized sites within Appendix B "Sites Inventory Supporting Documentation". Of those sites a large percentage of the sites identified remain in the Village Area (Figure 4.3-1 City of Carlsbad Housing Element Sites Inventory). Additionally, the city offers density bonuses for qualified projects, pursuant to state law, to increase the yield (number of units) that can be achieved above the maximum ofthe density range on a property. Also, through the city's ordinances, the city offers density increases to assist in providing affordable housing., thereby Density bonuses and increases reducing the per-unit land cost. These incentives are anticipated to be used more frequently during this housing cycle (2013-2021) as the cost of land continues to increase. The current draft of the Housing Element provides a list of projects over the last five years that have contributed and utilized excess dwelling units within the City of Carlsbad. The sample projects described in the Housing Element demonstrates, excess dwelling units are created (when development is approved below the Growth Management Control Point (GMCP) and utilized (when development is approved above the GMCP); the list also demonstrates that affordable housing can be achieved even CT 13-05 RP 13-15 when a project is approved at a density below the GMCP, due to the city's Inclusionary Housing Ordinance. The balance ofthe policies contained within the General Plan encourage the production of new housing units that offer a wide range of housing types to meet the varied needs of its diverse population. This project helps to achieve those combined policies, provides for on-site affordable housing and purchase an affordable housing credit within the Tavarua Senior Apartment project. The Tavarua Senior Apartment project is an example of a project where the City granted waivers and modifications to development standards which allowed that site to exceed the project's allowed density range from 4-8 du/acre to 55 du/acre. Therefore the reduction of 6 dwelling units is consistent with the adopted General Plan, including the housing element; and the remaining sites identified in the Housing element are adequate to accommodate the City's share ofthe regional housing need pursuant to Government Code section 65584. 2013-2021 Housing Element Underudlized Sices for Lower and Moderate 1 Income Housing- Category 2 (Other Underudlized Sices) *I*CAF(LSBAD ' ' Community & Economic Development www.carlsbadca.gov December 16, 2013 Mr. Ken Benson Intracorp Companies 4041 MacArthur Boulevard, Suite 250 Newport Beach, CA 92660 SUBJECT: l'^ REVIEW FOR CT 13-05/RP 13-15 - STATE STREET TOWNHOMES Thank you for applying for Land Use Permits In the City of Carlsbad. The Planning Division has reviewed your Tentative Tract Map and Major Review Permit, application nos. CT 13-05 and RP 13-15, as to the completeness for processing. The applications are incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy ofthese lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, November 19, 2013, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal ofthe application. Ifan application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Shannon Werneke, at (760) 602-4621, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4663. Sincerely, oiMi-eieiy, ji CHRIS DeCERBO Principal Planner CD:SW:sm Enc: Engineering red lines Landscape red lines Police Department comments Development Permits P-2 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Paee 2 ' , c: SRM Development, LLC, Attn: James Rivard, 111 North Post Street, Suite 200, Spokane, WA 99201 Kornberg Family Trust, Attn; Howard Kornberg, 10880 Wilshire Boulevard, Suite 1840, Los Angeles, CA 90024 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Gregory Ryan, Fire Prevention File Copy Data Entry CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 3 UST OF ITEMS NEEDED TO COMPLETE THE APPUCATION Planning: 1. As recommended in the Phase I Environmental Assessment prepared by Hillmann Consulting, LLC (November 18, 2013), please submit a Limited Phase II Subsurface Investigation for the existing auto body facility. 2. Additional enhancements are recommended to the design of the rear elevations of all of the units as well as significant upgrades in the design of inclusionary units. 3. Please revise all applicable project plans (i.e., cover page, floor plan and elevations) to comply with the recommendations of the Noise Analysis prepared by RBF Consulting (November 7, 2013). Specifically, please revise the plans pursuant to Exhibits 4 and 5 of the report. Minimum Recommended STC Ratings for Windows and Exterior Doors for the ground and upper floors. 4. Please revise all appropriate plans to provide one van accessible parking space. In addition, please identify the accessible path of travel. Please see comments received from the Building Department below. 5. Please change the scale for the site plans, grading plan and tentative map from 1"=30' to 1"=20' scale so a more detailed review can be completed (as has been done with the landscape plan). 6. Please add the project numbers to the upper right hand corner ofthe plans. 7. Please submit a separate full size (i.e., 24"x36") exhibit identifying the existing structures and existing topography (i.e.. Existing Site Plan). In addition, please add the pad elevations on the adjacent property and note any existing trees or retaining walls adjacent to the north and south property lines. This information will be used to assess the projects impacts with respect to the proposed combination retaining/sound wall. Please include the exhibit with the set of plans on a 24x36 sheet. 8. Please revise the project to ensure that all grading is located on-site. The proposed 2:1 slope along the western property line is not permitted in the alley right-of-way or on the adjacent NCTD property. 9. Staff has concerns about the combined height of the proposed retaining and sound walls (i.e., 8-10 feet). Please explore reducing the height of the fill on the property so the retaining walls can be reduced in height or constructing a manufactured slope instead. If this is not feasible, the proposed six-foot-tall sound wall should be offset a minimum of three feet from the retaining wall (i.e., along the north, south and west property line) to allow for a minimum three-foot-wide landscape planter in between the retaining wall and the sound wall. In addition, please add small landscape pockets in front of the walls facing the interior of the site. Please revise the plans accordingly. 10. Please revise all applicable plans to add decorative paving (minimum depth of 20 feet) at each of the driveways proposed off of State Street. 11. Please revise the plans to add a barbeque and picnic tables with a trellis to the common open space area. 12. Please revise all applicable plans to note that "Lot A" is required to be dedicated for a public street easement. 13. Because Units 18 and 47 are strictly residential uses (i.e., no work space), the required front yard setback in Land Use District 4 of the Village Master Plan (VMP) is an average of 10 feet. This area is required to be landscaped. Please revise the plans accordingly to ensure that an average of 10 feet is provided between Units 18 and 47 and the ultimate right-of-way. 14. Please be advised that a deviation from the standards will be required for the size of the one-car garage (irxl9') proposed for the inclusionary units. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 4 15. Please revise the Cover Page (AOI) as follows: a. Add contact information for the owners, applicant, architect, landscape architect and civil engineer; b. Revise the aerial photograph to accurately depict the footprint of the development. Specifically, 2501 State Street (APN 155-200-07) is not a part ofthe project; c. Add a project description. Please include details on what is proposed to be demolished and a summary of what will be constructed; d. Add the existing and proposed Average Daily Trips (ADTs); e. Add the General Plan Land Use Designation, V, to the "Project Summary"; f. Add reference to the project being located within Land Use District 4 of the Village Master Plan; g. Add APN 203-054-22 to the list of APNs included in the project; h. Revise the net lot area to add the storm drain easement back in to the overall area. Storm drain easements shall be included In the net lot area for the purposes of determining a project's density (per CMC Section 21.53.230); i. Including the storm drain easement (as required), the proposed density is 24.86 du/ac (47 -r 1.89 = 24.86), not 26.17 du/ac as noted on the cover sheet. Please revise the plans (including civil plans) accordingly; j. Clarify the difference between the net and gross square footage (SF). To avoid further confusion; it is staffs preference that gross SF be used and the net floor area be removed from the project plans. 16. Please revise the Site Plan (Sheet Cl) as follows: a. Identify the property lines (existing and proposed, if right-of-way dedication is required); b. Identify location of communal mailbox; please see comments from the Police Department with respect to the location; c. Label the location of the accessible parking stalls (i.e., southern cluster of stalls); d. Label the required 10 foot wide front yard setback for the 2"'' and 3'^'' floors of the live/work units facing State Street. In addition, because Unit 47 is not a live/work unit, a 10 foot-wide front yard setback is required for each floor, including the ground floor. Although it is unclear where the ultimate right-of- way/property line is on this plan, it does not appear that Unit 47 complies. Please revise the plans as appropriate; e. The proposed standard and compact parking stalls do not meet the minimum dimensions as specified pursuant to CMC Chapter 21.44. The minimum specifications for standard and compact parking stalls are as follows: • Standard: minimum area of 170 square feet and minimum width of 8.5 feet. A maximum overhang of 2.5 is allowed, provided the overhang does not encroach into required landscaping or sidewalk. • Compact: Minimum width of 8 feet and minimum depth of 15 feet. No overhang is permitted. Please revise the plans accordingly to address this requirement. 17. Please revise the Vesting Tentative Tract Map Exhibit (Sheet C2) as follows: a. Convert the sewer generation rate from MGD to EDU; b. Provide a detail for Lot A (as provided for Lot B). It is not clear what is proposed in this area and what the ultimate ROW is; 18. Please revise the Preliminary Grading Plan (Sheet C3) as follows: a. Identify the existing topographical contours; b. Revise Cross Section A-A and C-C to identify any existing walls and/or planting on the adjacent properties to the north and south; c. Add TW and BW measurements in three locations for each property line, including the worst condition (i.e., highest/most impacting point). 19. Please revise the Fire Access Plan (Sheet C4) as follows: a. The same color of shading/symbol is used for the internal fire access driveways and the public streets. Based on what is depicted on the site/grading plans, the internal driveways will be private. Please clarify and revise the plans as appropriate. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 5 20. Please revise the Floor Plans (Sheets A201-A207) as follows: a. Change the floor area (in SF) from net to gross. 21. Please revise the Elevations (Sheets A301-A303) as follows: a. Provide elevations (all sides) for each group of buildings; b. The elevations facing State Street should be identified as the east elevations (currently identified as the north elevation) Please revise the orientation of each of the elevations using this as a guide; c. Identify the existing and proposed grade for each group of buildings; d. Identify the inset/relief of the windows from the face of each elevation; e. Submit cross sections of the buildings identifying how the A/C units will be screened from the street and other public viewpoints such as the alley; f. To provide some variation along each span of elevations, a variation in color (i.e., two complimentary palettes) and/or materials is recommended; g. Staff has some initial concerns regarding the cooler earth tone color palette (i.e., gray, white, dark brown). So staff can adequately review the proposed color palette, please submit a color/materials board which includes paint, wood and concrete samples. If a similar color palette has been used for a similar product type which has been constructed, photos would be helpful; h. Add articulation, additional building relief, change in materials, etc. to the rear elevations. Engineering: 1. Identify which sheets of those submitted will comprise the tentative subdivision map. Refer to the attached Development Permit P-2 Section I.A. to identify the information to be shown or represented on the tentative map, 2. Submit a preliminary geotechnical investigation. 3. Plot all easements shown in the preliminary title report including reference to the grantee and the document number. 4. Provide a copy ofthe ALTA /ACSM dated Sept 1, 2005 referred to as Item 6. In the preliminary title report. Tentative Map 5. In the upper right hand corner of all exhibits proposed to be included in the tentative map, list the application numbers for this project. 6. All lots should have number designations rather than letters. 7. Clarify the maximum heights of the retaining walls and screening walls in Sections C-C and D-D on sheet C2. Plan view shows reversed retaining wall heights from that shown in the sections. 8. Clarify what off-site work, grading and/or stairs shown on sheet C4, is required within the public alley on NCTD property. Provide cross sections along the southwesterly property line showing the relationship of the wall footing to the existing/proposed face of slope and the proposed grading northwesterly of the alley. Provide letter of contact from NCTD for any work proposed on NCTD property. Additional improvements along the State Street Alley may be required after review of the cross sections. Please contact Steve Bobbett, Associate Engineer, at (760) 602-2747 for additional information and prior to resubmittal of the plans. 9. Identify the on-site sewer system as private. 10. Verify the sewer generation rate using 220 gallons per day per EDU and 1.0 EDU per dwelling unit. 11. Show the location of the proposed irrigation water service and meter as well as the 47 potable water services and meters. T^^ CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 6 Building: 1. Please ensure that the project is designed pursuant to the 2013 California Green Building Standards Code. 2. A total of 10% of the units (i.e., four units) shall be designed to be adaptable and accessible at the ground floor level (CBC 1102A.3.1). 3. If designated/assigned parking is required (i.e., inclusionary parking stalls), a total of 2% of the parking stalls or not less than one parking stall shall be required. Therefore, because six of the parking stalls are required for the inclusionary housing units, one van accessible parking stall is required. This stal) can be striped/located as part ofthe northern cluster of parking stalls. Fire: Any comments received from the Fire Department will be forwarded under a separate cover. Landscaping: Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please show and label all property lines, easements, right-of-ways, drainage elements and bio-retention areas on the landscape plans. 2. Plans are too conceptual to provide an appropriate review. One symbol is used for all shrubs and ground covers which may be very different in size and character. Please provide a separate symbol for each type of shrub (i.e. large evergreen shrub, medium size shrub, small flowering accent shrub, etc.) and ground covers. Final comments are reserved pending receipt of more complete plans. 3. Please show and label all vehicular sight lines on the landscape plans. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the sight distance lines. 4. Please indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 5. Please provide additional sketches/details of the respite area, pedestrian corridor and perimeter walls. Additional information is needed to establish the character and look to allow for an appropriate review. Provide typical details for perimeter walls (materials, finishes, wall caps, etc.) and Corten steel walls (height, character). The Landscape Manual requires that landscaping shall be used to provide and enhance opportunities for outdoor recreation, relaxing, and eating. The respite area and pedestrian corridor should include site accessories such as trash receptacles, picnic tables, BBQ's play area, etc. Please address. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 7 6. Please indicate the proposed quantities of trees in the legend and indicate the spacing and general layout of shrubs and ground covers on the plans and in the legend. Indicate the proposed ground cover spacing and all proposed tree, shrub and ground cover sizes (i.e. 1 gallon, 5, gallon, 15 gallon, flats, etc.). 7. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. 8. Trees with broad branch structures shall be planted only where sufficient space is available. Camphor trees appear to be proposed in areas that are too small. Several along the west property line appear to be located in a walkway. Please resolve. 9. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view ofthe project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners association (HOA), etc.). 10. Please coordinate civil plans to show and label all enhanced paving to be installed within the right-of-way and within any public utility easement. Note on the civil and landscape plans that an encroachment permit will be required for all enhanced paving located within the right-of-way and public utility easement areas. 11. Landscaping shall be used to accentuate and enhance architecture. Please provide appropriate detail to show that this requirement is met. Additional plantings may be needed along all building elevations. Check all areas. See comment #2. 12. The Landscape Manual requires plans to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Plan note number 14 indicates that a bamboo screen is to be provided at the perimeter wall. It is not clear if this is continuous. Please clarify. The Bamboo screen will address only the interior portions of the wall. Exterior portions of the walls also need to be screened/softened. Additional plantings are needed to soften the south property line wall. Please address. A 9' high wall (6' screen on top of a 3' retaining wall) on the east property line and a 10' wall (6' screen wall with a 4' retaining wall) on the west property line are proposed. Please address screening/softening of these walls. Landscaping is needed on the exterior portions ofthese walls. Please note that evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide appropriate detail to show that this requirement is met. Additional plantings may be needed along all building elevations. See comment #2. 13. All trees (except on slopes 3:1 or steeper) shall be a minimum 15 gallon size. Please Insure this requirement is met. See comment #2. 14. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please insure this requirement is met. See comment #2. 15. Woody shrubs shall be planted over herbaceous ground cover areas to cover 60% of the ground cover area (at mature size). Please insure this requirement is met. See comment #2. 16. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. Please insure this requirement is met. See comment #2. 17. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. State Street frontage is approximately 540 lineal feet which when divided by 40 equals a total of 14 street trees. Please resolve. It is unclear if tree grates are proposed around the State Street street trees. In order to allow better pedestrian flow, it is recommended that tree grates meeting accessible requirements be CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Pages used. Please note that approval will be needed from the Engineering Division to place street trees within the right-of-way. 18. The Landscape Manual requires that landscaping enhance and be compatible with the positive character of existing neighborhoods. Palms (King and Queen Palms) appear to be the existing predominant street tree along State Street. Please revise the street trees on State Street to Queen Palms in order to provide street scene continuity. 19. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please insure this requirement is met. Check all parking areas. 20. A perimeter landscape border of at least eight (8) feet in width (exclusive of curbs) shall be provided around each outdoor/at grade parking area unless the Zoning Ordinance or other governing document specifically provides otherwise. The perimeter landscaped border (between property lines and parking areas) may include any landscaped yard, setback, or landscaped area otherwise required within the property and shall be continuous except for required access points. A perimeter landscape border is not required between a parking lot and building. Please resolve. 21. Water use calculations are unclear. Please list all numbers used for each calculation so that the totals can be checked. As an example, the MAWA should be as follows: MAWA = (ETo)(0.62)[{0.7 x LA) + (0.3 x SLA)] MAWA = (44){0.62)[(0.7 x 11,640) + (0.3 x 0)] MAWA = 222,277 gallons/year Please provide ETWU calculations on the city form as found in appendix E ofthe Landscape Manual. 22. Please show/indicate where the Arbutus and Dracaena are to be used. 23. Plans reference both potable and recycled water use. Please clarify where each will be used. Please provide a colored or hatched plan clearly showing where potable versus recycled water is proposed. This exhibit will be forwarded to Carlsbad Municipal Water District (CMWD) for review. I do not believe that recycled water is currently available in this area. Please contact CMWD to verify. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. 24. Please add a signature line and sign the statement. 25. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. Check all areas. 26. Please add the following notes to the plans and insure all requirements are met: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 9 Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder ofthe year. b. Standard #2-Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent ofthe slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes - 6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 27. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. ADVISORIES/ISSUES OF CONCERN 1. Prior to moving forward to the public hearing, the proposal to satisfy the project's inclusionary housing requirement requires approval from the city's Housing Policy Team, The project is tentatively scheduled to be considered by the Team in mid-January, 2, Citv Council Poiicv No. 43. Excess Dwelling Unit Allocation. Pursuant to the Village Master Plan, all housing in the Village Area requires an allocation of excess dwelling units from the Proposition E "Excess Dwelling Unit Bank," In approving a request for an allocation of excess dwelling units, the City Council will be required to make the following findings: a. That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses; b. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document; and c. That the project complies with the findings stated in the Carlsbad Village Master Plan and Design Manual, Chapter 3, Development Standards, for projects that exceed the maximum densities set forth therein. In addition to the above, an applicant for an allocation of excess dwelling units shall agree to provide the number of inclusionary housing units required pursuant to CMC Section 21,85.050 and to execute an affordable housing agreement pursuant to CMC Section 21.85.140, The calculation of the number of dwelling units shall be based on the total number of dwelling units in the project. The applicant shall otherwise agree CT 13-05/RP 13-15 - STATE STREET TOWNHOMES December 16, 2013 Page 10 to comply with the requirements of CMC Chapter 21.85 applicable to the inclusionary units. Furthermore, these requirements shall be considered the minimum requirements for allocation of excess dwelling units. As determined by City Council, these minimum requirements may be increased depending on various factors, such as project scope and size and the amount ofthe allocation request. 3, Proiect Densitv. For properties located outside of the coastal zone and within Land Use Districts 1-4 of the Village Area, the allowable density range is 28-35 dwelling units per acre. The proposal to construct 47 live/work units on a 1,89-acre lot (i.e., combined size of 5 properties) has a proposed density of 24.87 dwelling units per acre (47/1,89 = 24.87 d/u per acre). Please be advised that in order to achieve the minimum density, an additional 6 units should be constructed (53/1,89 = 28.04 d/u per acre). While staff encourages you to redesign the project so the minimum density can be achieved, please be advised that if the proposed project remains below the allowable minimum density, the following findings must be made by City Council: a. The reduction is consistent with the adopted General Plan, including the Housing Element; and b. The remaining sites identified in the Housing Element are adequate to accommodate the city's share of the regional housing need pursuant to Government Code Section 65584. INTRACORP SOCAL-1, LLC 2531-2589 State Street, Carlsbad Preliminary Review 13-31 - Compliance Summary (Revised 47 Unit Plan) 19-NOV-13 REF DEPARTMENT ISSUE COMPLY AS REQUESTED COMPLY WITH INTENT CAN NOT COMPLY PLANNED RESPONSE 1 Planning Information Only Planning Information Only 3 Planning Make more pedestrian friendly with subteranean parking structure or design solutions for breaking up buildings, staggering buildings, enhancing architecture and landscaping. Yes Revised site plan increases landscape areas and building articulation to soften buildings. Also added landscape paseo which provides pedestrian experience and link from State Street to Train depot. 4 Planning Need to ensure workspace remains workspace. Eliminate Shower at first floor bathroom Iter-, real- Floor plans modified to open 1st level and eliminate Bedroom Potential. Workspace/Home Office for Occupant Use Only. CC&R's to restrict physical conversion of space to a bedroom. 5 Planning 47 proposed units do not meet minimum density required. Increase unit count to comply with 28 - 35 unit per acre zoning. Site includes 4,005 SF of restricted easement and Right of Way, reducing buildable acres to 1.80. Alternate plans to increase density decreased financial feasibility of project. Prefer to maintain unit count at 41 market -i- 6 affordable. Planning Clarify intent to deliver 6 of 7 affordable housing units on-site and pay "in-lieu" fee for credit. liiiil 6 affordable units will be delivered on-site and 1 in-lieu credit will be purchased through community housing. 7 Planning Comply with "Excess Dwelling Unit Allocation" per city policy No. 43 • In Consistent with Master Plan for Excess Units 8 Planning Comply with Minimum Gar. sizes, as follows: 1 Car -12' x 20'; 2 Car - 20' X 20' Yes 2 Car Garages meet 20' x 20' standard. 1 Car Garages will require a deviation to 11' x 19'. 8 Planning Modify the "Inclusionary Units" from 1 Bedroom to 2 Bedroom and allocate 1 open parking space to each. Yes Floor Plans revised and proximate open space parking will be assigned to respective units. Z:\lntracorp San Diego Projects\State Street\Entitlements\Preliminary Review 12-31 Compliance Summary Page 1 8 Planning Work Spaces will be designated as "Commercial Space" and subject to additional parking requirements. At 1 space per 300/SF, the project needs 14 commercial spaces, or payment of in-lieu parking fee. Revise project to be Residential with Home Office on ground floor to eliminate "Commercial" designation. All workspace areas to remain open and be occupied exclusively by the residential occupant. No Storefront Signage to be allowed.. 9 Planning Meet with NCTD to mitigate any "safety" issues relative to close proximity to existing rail lines. Final design will be reviewed with NCTD to address potential safety issues and design solutions 10 Planning Provide a Noise Study relative to the nearby railway and follow the Carlsbad Noise Guidelines Manual 1 • J- • -l-l -11 1 Sound Study completed and recommendations incorporated into the project design k 10 Planning Study Vibrations from nearby railway and follow Federal Railway Administration & Federal Transit Administration impact assessment and mitigation criteria Included in Sound Study with recommendations incorporated into project design. 11 Planning Provide a Landscape Plan that follows City of Carlsbad Landscape Manual and appropriately shields parking as well as 3 story building massing Yes Plans completed and included in submittal package 12 Planning A 6' tall Decorative wall will be required at the side and rear property boundary. Landscaping on both sides of the rear PL wall will be required. If Noise attenuation requires more than 6' wall, then a berm will be required so as to maintain a maximum 6' wall. Yes Design as submitted reflects these recommendations. 13a Planning Expand the width and landscaping of pedestrian court at easement Yes Incorporated S.D. Easement into revised site plan with landscaping elements 13b > Planning Exposed 2nd and 3rd floor walls to be stepped back for architectural relief, as well as articulated with variations in materials, fenestration and landscaping. Yes All exposed elevations have been aesthetically addressed to achieve architectural relief and articulation. Landscaping incorporated into these areas to soften massing. 13c Planning Use Decorative Pavement at Drive enterances off State St. Yes Yes - Pavers incorporated into design as submitted 13d Planning Stagger and articulate garages along interior street Ves Yes - staggered the units to articulate alley massing. 13e Planning Add a larger more useable open space Yes Incorporated into Central Paseo and Rear Open Space 13f Planning Provide Color and Material variations to elevations Yes Revised Building designs incorporate variations to massing as well as exterior surfaces and colors. 13g Planning Provide on-site Bike Parking Yes Incorporated into Common Area design 13h Planning Identify locations for HVAC equipment, exterior to the building . Hm AC Condensers will be rooftop mounted and appropriatly screened from public view Z:\lntracorp San Diego Projects\State Street\Entitlements\Preliminary Review 12-31 Compliance Summary Page 2 14a Urban Place & Doug Avis Explore Increasing Density Explored, but site not feasible for additional units 14b Urban Place & Doug Avis Add additional "Inclusionary" Units to increase density Studied but not feasible to increase count beyond 6 affordable units. Deborah with Housing and Community Services indicated that we could satisfy with combination of on-site and purchase of off-site credit. 14c Urban Place & Doug Avis Utilize landscaping to soften 3 story buidings along State St. Ytes Added planters in front of units 14d Urban Place & Doug Avis Is Handicap Access Required? ¥es Not Required by Code • 1 Engineering Prepare and submit a formal Site Plan, per Planning Application P-2 Yes Formally Submitted 11/19/13 2 Engineering Prepare and submit Engineering Form E-34 - Stormwater Standards Questionnaire. Yes Formally Submitted 11/19/13 3 Engineering Prepare and Submit a Storm Water Management Plan (SWMP) following city approved SUSMP. Yes Formally Submitted 11/19/13 4 Subdivision Process a one lot, 47-unit tentative subdivision application ¥es Formally Submitted 11/19/13 5 Public Improve- ments/Utilities Public Improvement Plans, post bonds and payment of fees required prior to recordation of Final Map Yes Will comply with requirements 6 Public Improve- ments/Utilities Sewer to flow to 10" VCP in Alley as preference, but portion could also tie into 8" VCP in State St. Ite Will comply with requirements, subject to flows and capacity. 7 Public Improve- ments/Utilities Water meters required for each unit Ves Will complywith requirements Public Improve- ments/Utilities Irrigation Meter required for common areas V«s Will comply with requirements 9 Public Improve- ments/Utilities Fire Service Water line/meter will be required (Per Fire Prevention Services) Yes Will comply with requirements 10 Public Improve- ments/Utilities Additional Fire Hydrants may be required along State Street, The Alley or On-Site. (Per Fire Prevention Services) Tes Will comply with requirements 11 Public Improve- ments/Utilities Adjust the Site Plan to respect the existing 66-inch Storm Drain and 20' easement. No buildings in easement Yes Permenant S.D. Easement is 12' wide. 12 Public Improve- ments/Utilities Street Improvements may be required at State Street Alley to the West. Yes Will comply with reasonable frontage requirements Z:\lntracorp San Diego Projects\State Street\Entitlements\Preliminary Review 12-31 Compliance Summary Page 3 13 Site Grading and Drainage Provide a Grading Plan for City approval Y^ Preliminary Plan included with 11/19/13 Submittal 14 Site Grading and Drainage Grading Plan to incorporate Stormwater elements of city's SUSMP. Will comply with requirements 1 Wilkenson Design Group Suggest to delete the South drive entry at State Street to avoid cut- through traffic to alley Yes Eliminated potential cut-through 2 Wilkenson Design Group Increase landscape area at building ends to minimum 6' wide Yes Increased landscape buffers wherever possible. Wilkenson Design Group City to provide Comprehensive State Street Streetscape design and themes prior to project specific design Streetscape Design Concepts in Master Plan Conforms to guidelines and nearby landscaped street scapes 4 Wilkenson Design Group Due to large unit sizes, recommend a plan for "Boomers" with an Elevator and 3rd floor living with Bedrooms below Will consider in final design of units Not feasible 5 Wilkenson Design Group Roof decks should have some setbacks at end units to increase privacy of adjacent units and lower decks Yes Redesigned roof decks Z.\lntracorp San Diego Projects\State Street\Entitlements\Preliminary Review 12-31 Compliance Summary Page 4 <C^^^ CITY OF N^CARLSBAD Community & Economic Development www.carlsbadca.gov September 24, 2013 Mr. Ken Benson Intracorp 4041 MacArthur Blvd., Ste. 250 Newport Beach, CA 92660 SUBJECT: PRE 13-31 - 2531-2589 STATE STREET APNs: 155-200-07, 203-054-21, -22, 203-054-19, -20 Thank you for submitting a preliminary review for 47 air-space condominiums, including 16 live/work units and six inclusionary housing units, The project site, comprising a total of five (5) properties. Is currentiy developed with mix oflndustrial and office uses. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminarv review does not represent an in-depth analvsis of vour proiect. It is mtended to give vou feedback on critical issues based upon the information provided in vour submittal. This review is based upon the plans, policies, and standards in effect as ofthe date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards mav be in effect and additional issues of concern mav be raised through a more specific and detailed review. Planning: General 1. ' General Plan and zoning designations for the property are as follows: a. General Plan: Village (V), 28-35 dwelling units per acre for properties located outside ofthe coastal zone; b. Zoning: Village Review (V-R) Zone; and c. Land Use District 4 (Residential Support Area) of the Carlsbad Village Master Plan. 2, The project requires the following permits: a. Major Review Permit for new construction which exceeds a building permit valuation of $150,000; b. One lot tentative tract map for 47 air space condominium units; and c. Site Development Plan for inclusionary housing. *The above-noted applications require the approval of the Planning Commission and City Council. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 1 PRE 13-31 - 2531-2589 STATE STREET September 24, 2013 Page 2 3. While staff is supportive of the proposed live/work air-space condominium project, there are some general concerns about the site layout as the internal aesthetic focus is the front-loaded garages. In order to create a vibrant pedestrian-friendly development, staff recommends exploring the incorporation of a subterranean parking structure into the project design so that additional units can be added as well as project features including a pedestrian plaza, benches, focal points, landscape planters, gathering areas, etc. If, however, a subterranean parking structure is not feasible, staff recommends that upgrades be made to the design, which may include breaking up the buildings, staggering the units, additional landscaping, enhanced architecture, etc. In addition, staff recommends exploring the reorientation of some of the units so vehicular access can be taken off of the alley, thus removing the focus ofthe garages. 4. Live/Work Studios-Provisional Use. Pursuant to the Village Master Plan, live/work studios are identified as a provisional use; as such, the use is subject to a number of considerations, location and development criteria, as well as findings (please see attached). In order for staff to adequately analyze the project for compliance, additional information is needed about the nature of the types of businesses which are anticipated to operate in each of these units. In addition, please indicate how assurance can be provided that the "work" area ofthe units wili remain as such in perpetuity and will not be leased out to a separate office or retail tenant. Further, in order to encourage and ensure that the "work" studios proposed on the ground floor of Unit B remain as such and are not converted to additional units, please remove the shower from the proposed bathroom on the ground floor. 5. Proiect Density. For properties located outside of the coastal zone and within Land Use Districts 1-4 of the Village Area, the allowable density range is 28-35 dwelling units per acre. The proposal to construct 47 live/work units on a 1.89-acre lot (i.e., combined size of 5 properties) has a proposed density of 24.87 dwelling units per acre (47/1.89 = 24.87 d/u per acre). Please be advised that in order to achieve the minimum density, an additional 6 units should be constructed (53/1.89 = 28,04 d/u per acre). Additional units may feasible with the elimination of garages and the incorporation ofa parking structure. While staff encourages you to redesign the project so the minimum density can be achieved, please be advised that if the proposed project remains below the allowable minimum density, the following findings must be made by City Council: a. The reduction is consistent with the adopted General Plan, including the Housing Element. b. The remaining sites identified in the Housing Element are adequate to accommodate the city's share of the regional housing need pursuant to Government Code Section 65584. 6. Inclusionary Housing. All residential projects are subject to the city's Inclusionary Housing Ordinance, Chapter 21.85 ofthe Carlsbad Municipal Code. Pursuantto CMC Chapter 21.85,15% of the total housing units constructed must be affordable to low income households. Based on the proposal to construct 47 units, a total of 7 inclusionary units are required. As noted in correspondence submitted with the application, you intend to provide 6 units on-site and 1 unit offsite. Please clarify whether the 7"^ unit will be satisfied by the payment of a credit. Please be advised that the current affordable housing credit fee in the northwest quadrant of the city is $142,000.00 per unit. PRE 13-31 - 2531-2589 STATE STREET September 24, 2013 Page 3 7. Citv Council Policy No. 43. Excess Dwelling Unit Allocation. Pursuant to the Village Master Plan, all housing in the Village Area requires an allocation of excess dwelling units from the Proposition E "Excess Dwelling Unit Bank." In approving a request for an allocation of excess dwelling units, the City Councii will be required to make the following findings: a. That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses, b. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document. c. That the project complies with the findings stated in the Carlsbad Village Master Plan and Design Manual, Chapter 3, Development Standards, for projects that exceed the maximum densities set forth therein. In addition to the above, an applicant for an allocation of excess dwelling units shall agree to provide the number of inclusionary housing units required pursuant to CMC Section 21.85.050 and to execute an affordable housing agreement pursuant to CMC Section 21.85.140, The calculation of the number of dwelling units shall be based on the total number of dwelling units in the project. The appiicant shall otherwise agree to comply with the requirements of CMC Chapter 21,85 applicable to the inclusionary units. Furthermore, these requirements shall be considered the minimum requirements for allocation of excess dweiling units. As determined by City Council, these minimum requirements may be increased depending on various factors, such as project scope and size and the amount ofthe allocation request. 8. Parking. Pursuant to the Village Master Plan, the following parking standards apply for multi- family dwellings located outside of the coastal zone: Studio/one-bedroom: one space per unit; one space shall be covered. Two or more bedrooms: two spaces per unit; one space shall be covered. Please note that the minimum interior dimension for a one-car garage is 12' x 20' and for a two- car garage is 20' x 20'. These minimum dimensions shall be free and clear of any obstructions (i.e., stairs, washer/dryer, etc.). Based on a review of the floor plan for Unit C (affordable unit), the minimum interior dimension has not been provided for the one-car garage. Staff is unable to confirm that the remaining unit-types meet this requirement; please be sure to include this information with the submittal. Proposed One-Bedroom Inclusionary Units (Unit C). Because a den and a full bathroom, with a shower, are proposed on the ground floor, staff has concerns about the conversion of this area into an additional bedroom, thus changing the parking requirement from one parking space to two parking spaces, one of which is required to be covered. As a result, staff would prefer that the inclusionary units be classified as two-bedroom units. As guest parking is no longer required as a result of a recent amendment to the Carlsbad Village Master Plan (Land Use Districts 1-4, properties located outside of coastal zone), it is recommended that you reclassify the proposed on-street guest parking to provide the 2'^" required parking stall for the "two-bedroom" inclusionary units (total of 6), which are not required to be covered. Live/Work Units (Unit B). Additional information is needed with respect to the types of uses which will occupy the "work" component of the units. If the area will be used as a commercial PRE 13-31 - 2531-2589 STATE STREET September 24, 2013 Page 4 retail use or leased out to a tenant who does not reside in the unit, additional parking may be required forthe area. If it is characterized as commercial space which requires parking and based on an initial review of the floor plan, 255 square feet (SF) of commercial space (15' x 17') is provided for each unit. As 16 live/work units are proposed, a total of 4,080 SF of commercial area is therefore proposed. Pursuant to the Village Master Plan, retail businesses are required to be parked at one space per 300 SF of floor space and professional offices are required to be parked at one space per 350 SF (properties outside of coastal zone). In order to provide the maximum flexibility for the type of use that can occupy the "work" space, staff recommends that the area be parked at the retail ratio of 1:300. Therefore, a total of 14 parking stalls are required. The site design does not currently take this requirement into account. However, please be advised that as the subject properties are located within Zone 2 of the In- Ueu Fee Parking Program, a portion or all of the on-site parking requirements for non- residential uses may be satisfied by the payment of an in-lieu parking fee, which is currently $11,803.00 per parking space. The appropriate decision-making authority shall determine the amount of parking that may be satisfied by the in-lieu payment. In addition, the following findings shall be made; a. The project is consistent with the goals and objectives of the Village Master Plan and Design Manual; b. The land use is consistent with the land use district in which the property is located; c. Adequate public parking is available within the Village to accommodate the project's parking demand; and d. The !n-lieu Fee Program has not been suspended or terminated by the City Council. 9. Rail Corridor Development. All future development adjacent to or near North County Transit District's (NCTD) right-of-way shall be planned with consideration given to the safety ofthe rail corridor. This consideration will be given at the project-specific level and a determination will be made at that time whether any additional safety measures are required as a result of the project. As the project is located in close proximity to the rail corridor and is adjacent to property owned by the NCTD, please arrange to meet with the appropriate contact at NCTD to discuss the proposed project and to receive any feedback which may impact the project design. 10, Noise/Railroad Vibration Impact Studv, Please provide a noise study consistent with the City of Carlsbad Noise Guidelines Manual (please see the link below to access the guidelines online). Link to City of Carlsbad Noise Guidelines: http://www.carlsbadca.gov/services/departments/planning/Documents/NoiseGuideiinesManua l,pdf Please ensure that the study addresses any noise impacts on outdoor recreation proposed in association with the condominiums as well as the interior and exterior noise requirements for residential uses. PRE 13-31 - 2531-2589 STATE STREET September 24, 2013 Page 5 In addition to the above, the noise study should also address railroad vibration in order to determine ifthe project, given its direct adjacency to the railroad tracks, would expose persons to excessive ground-borne vibration or ground-borne noise levels pursuant to the California Environmental Quality Act. Presently, the City does not have any established vibration criteria or vibration limitations that can be used to evaluate the compatibility of sensitive land uses with respect to ground-borne vibration related to railroads. While there are no City established vibration standards, both the U.S. Department of Transportation's Federal Railroad Administration (FRA) and the U.S. Department of Transportation's Federal Transit Administration (FTA) have developed vibration impact assessment criteria for evaluating vibration impacts. 11. Landscaping. A formal submittal of this project will need to comply with the City of Cadsbad Landscape Manual. The Landscape Manual is available for review on the City of CaHsbad web- site at: http://www.carlsbadca.gov/services/departments/planning/Documents/LandscapeManual.pdf If the guest parking (or any on-street parking) remains in the project design, please be aware that uncovered and/or open parking areas are required to be screened from adjacent property or streets through the use of planting or any combination of planting, mounding, and decorative walls. Screening elements shall have a total height of at least three (3) feet. Additional landscaping is also recommended to soften the appearance ofthe three-story units from the public street and proposed driveways. This will need to be addressed as part of any formal application submittal. 12. Development Standards, Land Use District 4. Please be advised of the following development standards for Land Use District 4: a. For non-residential and mixed use development, there shall be no minimum or maximum front yard setback for the first/at-grade floor. A 10 foot average setback shall be required for all floors above the first floor. For the residential units which do not have a live/work component, there shall be a 10 foot setback for all floors. No side or rear yard setbacks are required (for residential or mixed use); b. If guest parking or any other required surface parking is provided on-site, it shall be setback 5 feet from any property line for landscaping; c. A minimum of 20% or approximately 16,465 SF of open space is required (based on 1.89- acre lot size). Based on what is provided on the cover sheet, a total of 26,651 SF is proposed. Please include a detail of the breakdown of the public and private open space with the application; d. Maximum building height is 45 feet from existing grade. Pursuant to a recently-approved amendment to the Carlsbad Village Master Plan, there are no restrictions for the roof pitch; and e. Given the adjacent commercial and industrial land uses to the north, south and west, a minimum 6-foot-tall decorative wall (i.e., complements the architecture) will be required along these property iines. Please note that landscaping will likely be required on both sides of the wall facing the alley. Please take this requirement Into account when finalizing the site design. In addition, please note that the noise study may require a wall which is taller than 6 feet to attenuate the noise, If this is the case, a berm shall be PRE 13-31 - 2531-2589 STATE STREET September 24, 2013 PageJ constructed in combination with the 6-foot-tall wall to minimize the aesthetic impacts and achieve the required height. 13. Staff has the following general site design and architectural recommendations: a. Please substantially expand the width of the eastern entry court and pedestrian corridor to incorporate additional landscaping and attractive passive areas. In addition, a focal point (i.e., pedestrian plaza) and enhanced entrance to the development is recommended in this area (i.e. fountain, large decorative landscape planters, decorative paving, etc.); b. Please ensure that the 2"" and S"^"* stories of the side elevations of the units which face each of the pedestrian corridors, as well as the units which are located on driveways at the corners, are stepped back to provide adequate architectural relief. In addition, these elevations shall be appropriately articulated with materials, fenestration, and landscaping so as to avoid large blank expanses of a wall; c. Decorative pavement is recommended at each of the entries of the development off of State Street; d. Please stagger the garages which face the interior of the site to provide architectural relief along the interior driveways; e. A larger, more useable and attractive open space area is recommended; f. To provide some variation along each span of elevattons facing either State Street or the driveway, a variation in coior and/or materials (i.e. different wood stain, etc.) is recommended; g. Please provide on-site bike parking; and h. If the units will be designed with air-conditioning (may be a requirement as a result ofthe noise study), please detail where the HVAC units will be located. Please note that all rooftop equipment is required to be screened from public view. 14. Comments received from Steve Gibson, Urban Place Consulting and Doug Avis, Chair of the Carlsbad Village Association are summarized below. a. Please explore increasing the density in the project; b. A positive improvement would be to add additional inclusionary units to Increase the overall number of units; c. Landscaping will be a major factor in the appearance of the project from State Street. It will be Important to utilize landscaping to soften the three-story impact ofthe buildings which are located 10 feet from the street edge; and d. Please research whether handicap access Is required. Engineering: Engineering Department staff has completed a preliminary review ofthe above referenced project. This preliminary review does not constitute a complete review ofthe proposed project and additional items of concern may be identified upon formal project application submittal. Prior to formal application submittal, the following items should be adequately resolved/ addressed: SITE PLAN INFORMATION: 1. No formal site plan was submitted with this application. There may be additional issues and/or comments after review ofa more complete site plan. Planning application P-2 which lists the PRE 13-31-2531-2589 STATE STREET September 24, 2013 Page 7 information that should be included on the site plan can be printed from the following website link: http://www.carlsbadca.gov/sen/ices/departments/planning/Documents/P2.pdf 2. Complete form Engineering form E-34, Stormwater Standards Questionnaire. The questionnaire can be printed from the following website link: http://www.carisbadca.gov/business/building/Documents/E-34.pdf This project will be a priority storm water project (PDP) and will be required to meet PDP stormwater requirements, 3. This project is subject to PDP requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. Depending on project timing, the new storm water permit may impact development ofthe site. SUBDIVISION: 4. A one lot, 47-unit tentative subdivision application will be required. PUBUC IMPROVEMENTS AND UTILITIES: 5. Should any public water line, sewer line or street Improvements be required, public improvement plans will be required priorto the recordation ofthe subdivision map. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay al! applicable Improvement plan review per the city's latest fee schedule. 6. An 8" VCP sewer is available in State Street and a 10" VCP sewer is available in the State Street alley. A private sewer extension built to public standards will need to be extended from either or both to serve the development. The 10" in the alley is lower and would be preferred by the city. 7. A potable water meter will be required for each unit within the development. 8. An irrigation water meter will be required for the project. Size will be determined based upon irrigation demand. 9. A fire service line(s) will be required. Contact Greg Ryan with Carlsbad Fire Prevention Services at (760) 602-4663 or Gregory,Ryang)carisbadca,gov, 10. Additional fire hydrant(s) may be required along State Street, the alley, or on-site. Please contact Greg Ryan with Carisbad Fire Prevention Services at (760) 602-4663 or Gregory.Rvan(g)carlsbadca.gQv, PRE 13-31 - 2531-2589 STATE STREET September 24, 2013 Page 8 11. An existing 66-Inch diameter public storm drain Is located running east-west between Buildings 2 and 3 and Buildings 4 and 5. A 20' wide public utility and access easement will be required. No structures will be allowed within the easement. Please adjust the building layout to accommodate the easement. Should any maintenance, repair or replacement of the storm drain be required, any landscaping or improvements within the easement will be subject to removal by the developer at the request ofthe city. 12. Street improvements may be required along the State Street alley on the west. A determination can be made after submittal of a more detailed site plan. SITE GRADING AND DRAINAGE: 13. A grading plan will be required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review per the city's latest fee schedule. 14. The grading plan should incorporate all stormwater elements of city's SUSMP. PRE 13-31 - 2531-2589 STATE STREET September 24,2013 Page 9 Fire: The Fire Department did not have any comments on the conceptual site plan. A detailed review will be completed once a formal application is submitted. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Shannon Werneke at the number below. You may also contact each department individually as follows: • Planning Division comments: Shannon Werneke, Associate Planner, at (760) 602-4621. • Land Engineering Division comments: Steve Bobbett, Project Engineer - Engineering Development Services, at (760) 602-2747. • Fire Department comments: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:fn Att: Live/work studio information City Council Policy No. 43 c: Steve Gibson, Urban Place Consulting, Inc., 530 Grand Avenue, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Greg Ryan, Fire Department Debbie Fountain, Housing &. Neighborhood Services File Copy Data Entry Speaker Slip^ City of CarlsRd Planning Commission Meeting • I would like to address the Commission regarding an item that IS on the Agenda. The item number is The Topic is: ^S^ u^S: Tj^. ^^^^ • I would like to address the Commission regarding an item that IS NOT on the Agenda. The Topic is: My Name: J^/^ fjL\^ ^kA^<:'^Ov^ My Address:_ Please place this slip in the clear tray marked Speaker Slips located on the wall next to the Minutes Clerk.