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Home My WebLink AboutCUP 02-32; Bob Baker Vehicle Storage Lot; Conditional Use Permit (CUP)1 4 CITY OF CARtSBAD LAND USE REVIEW APPLfCATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) • • Administrative Permit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Pennit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Program Amendment Master Plan Minor Conditional Use Permit Non-Residential Planned Development Planned Development Permit (FOR DEPARTMENT USE ONLY) • • • • • • • • • Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Paroel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: 210-090-24 Bob Baker Vehicle Storage Lot BRIEF DESCRIPTION OF PROJECT: Renewal of Conditional Use Permit 5) OWNER NAME (Print or Type) Cannon Road, LLC, a Ltd. Liability Company Attn. Ray R. Winter, Manager 6) APPLICANT NAME (Print or Type) Bob Baker Enterprisess, Inc. Lori Tibbett MAILING ADDRESS Post Office Box 466 MAILING ADDRESS 591 Camino de la Eeina, Suite UOO CITY AND STATE ZIP TELEPHONE Walnut Greek. CA 94597-0466 925/945-6162 CITY AND STATE ZIP TELEPHONE San Diego, CA 92108 619/297-1001 EMAIL ADDRESS: rwinterix@earthlink.net EMAIL ADDRESS: It ibbettSaol. com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, 04/07/08 THAT I AM THE LEGAL REPRESENTATIVE OF THE HD rmr ALL THE ABOVE INFORMATION IS TRUE AND T TO THE BEST? OF MY KNOWLEDGE. DATE >F MY Kt 7) BRIEF LEGAL DESCRIPTION 04/08/08 DATE Lot H of Ragcho Agua Hedionda^ in the Citv of Carlsbad. according to Map thereof Mo. 823 filed in the Office of the CQuaty„,Eecoi:dsr,, November 16, 1896. —_—. _ NOTE: A PROPOSED PROJECT REQUIRING MULTfPLE APPUCATrONS BE HLED, MUST BE SUBMITTED PRIOR TO 3;30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 7) BRIEF LEGAL DESCRIPTION 8) LOCATION OF PROJECT: Lot H of Rancho Agua Hedionda, in the City of Carlsbad. according to Map thereot No. filed in the Office of the Countv Recorder. Novgnber 16^ 1896 5007 Avenida Encinas. Carlsbad. California 92008 STREET ADDRESS ONTHE BETWEEN West (NORTH. SOUTH, EAST, WEST) Cannon Road (NAME OF STREET) SIDEOF Avenida Encinas AND (NAME OF STREET) Palomar Airport Road (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS 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. 10) 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. OPERTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: Fomi 14 Rev. 03/08 PAGE 2 OF 4 Rpr 28 2008 14:50 925 32G-0490 p.2 State of 0a111^fiik Se6r9tdry of State STATENiENt OF IKliPORM ATION ^Limtted Liability Company) ID Filing Peer $20.00. If aftiiiBridfnapt, jwte liiltfticaoihs. MMI Wii^ii I 11' II I li I'l iil I 111II M ll I I III m unili M IM 1. UMITED LIABIUTY COMPANY NAME (Pleas* do not altsr If iwrw b preprinted.) 199634110034 CANNON ROAD LLC 1909 MEADOW ROAD WALNUT CREEK CA 94595-2633 This Space For Filing Use Only DUE DATE: 12/31/2006 FILE NUMBER AND STATE OR PLACE OP ORGANIZATION 2 SECRETARY OF STATE FILE NUMBER 199634110034 3. STATE OR PLACE OF ORGANIZATION CA NO CHANGE STATEMENT If there has been no change in any of the information contained In the last Statement of Information filed with the Secretary of State, check the box and proceed to Item 13. If there have been any changes to the informatibn contained In the last Statement of Information filed, or no Statement of Infomiation has been previously filed, this fbmn must tie completad in ItS' entlreity. [ COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of jthe tity. Items 4 and 5 cannot be P.O. Bows.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CtTY AND STATE ZIPCODE 6. CALIFORNIA OFFICE WHERE RECORDS ARE MAINTAINED (DOMESTIC ONLY) CITY STATE ZIP CODE CA NAME AND COMPLETE ADDRESS OF THE CHIEF EXECUTIVE OFFICER, |F ANY 6. NAME AODRESS crrv AMO STATE ZIPCODE NAME AND COMPLETE ADDRESS OF ANY MANAOER OR MANAGERS, OR IF NONE HAVE BEEN APPOINTED OR ELECTED, PROVIDE THE NAME AND ADDRESS OF EACH MEMBEBI ilAirtach addrtlonail pages, If necessaiy.) 7. NAME AODRESS PITYAND STATE ZIPCODE 8. NAME AODRESS CITY AND STATE ZIP CODE 9. NAME ADDRESS CITY AND STATE ZIP CODE AGENT FOR SERVICE OF PROCESS (Ifthe agent is an Individual, the agent must reside in Califomia and Hem 11 must be completed with a Califcmla address. If the agent is a corporation, the agent must have on file with the Califomia Secretary of State a certiticate pursuant to Corporations Code section 1505 and Item 11 must be left blank.) _ 10. NAME OF AGEffT FOR SERVICE OF PROCESS 11. ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CAIIFORMIA, IF AN MPIVIPUAL crrY STATE ZIP CODE CA TYPE OF BUSINESS 12. DESCRIBE THE TYPE OF BUSINESS OFTHE LlMrTED LIABILITY COMPANY 13. THE INFORMATIOM CONTAINED HEREIN IS TRUE AND CORRECT. PEOR PRINT NAME OF PERSON COMPLETING THE FORM SIG>IATURE: Tny^ /'DATE LLC-12R (REV 070006) 000671 APPROVED BY SECRETARY OF STATE Apr 28 2008 14:50 1^ 925^926-0490 p.l « Informatioiyon Shannon Wemelce Subject: Infonnation on Shannon Werneke From: LTIbbett@aol.com Date: Fri, 25 Apr 2008 20:09:05 EDT To: nvinterix@earthlink.net swei T Shannon Wemeke Associate Planner CityofCarlsbad 1635 Faraday Avenue gbad, CA 92008 Ph (760)602-46 Fax (760) 602-8559 Need a new ride? Check out the largest site for U.S, used car listings at AOL Autos. lofl 4/28/2008 11:40 AM Citv of Carlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownenship interests on all applications wtiich will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information WUST be disolosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social dub, fratemal organization, corporation, estsrte, trust, reoeHver, syrntScate. in tNs artd any ottier county, city and county, city municipality, district or other political sutxlivision of any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below, *" 1. APPUCANT (Not the applicant's agent) _ Provide the COMPLETE. LEGAL names and addresses of MJz Ptfsons having a financiai inWrest in the application. If the applicant includes a corooration or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares, IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a oubliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person R/A Corp/Part Bob Baker Enterprises. Inc. Title Title : 591 Camiao de la Reina. Suite IIOO Address Address San Diego. California 92108 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of Ay. persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, address^ of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publtclv-owned corooration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Cannon Road, LLC, a California Person N/A Corp/Part limited liability company Title_ Title . — 1909 Meadow Road Address^ Address Walmit Creek, California 94595 1635 Faraday Avenue • Carlsbad. OA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ct.Garlsbad.oa.us ^ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oroanization or a tnjst. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/T rust Non Profit/Trust Title Title Address Address 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? O Yes [U No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. certify that ail the above infonnation is true and correct to th^^est o^my knowledge. Signature of owner/date Rgnature of applicant/date Ray R. Winter. Manager Print or type name of owner Lori Tibbett Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent City of Carlsbad Faraday Center Faraday Cashiering 001 0821701"6 08/04/2008 32 Mon Aug04,2008 02:51 PM PERMITS - PERMITS $20,16 Tran Nbr: 082170106 0024 0024 Trans/Rcpt#: R0071246 SET #: CUP0232X1 iTEM(S): TOTAL; $20.16 uiieck (Chk# 0.5785.5) $20.16 Total Received: $20.16 Have a nice day! *****++*++*^;**cUST0MER COPY************* Bob Baker Enterpr^es, Inc. SanDiegoCountyl 591 Camino de la Reina, Suite 1100, San Diego, California 92108 • (619) 297-1001 Fax (619) 299-1049 Boh Buker Ford 7.^0 Camino Del Rio Norlh ,San Diego, CA 92108 (6|i)) 297-.'i()()l Bob Baker Toyota 6H()() Federal Boulevard Lemon Grove. CA 91<)45 (619) 287-24(10 Bob Baker Chevrolet Bob Baker Subaru 900 Arnele Avenue El Cajon, CA 92020 (5191 440-0404 Bob Baker Lexus IOOO Arnele Avenue El Cajon, CA 92020 (6l9)44(kS398 Bob Baker Chrv.sler Bob Baker .leep S.'i,^,') Car Counlry Drive Carlsbad, CA 92008 (76(l)4,^l-.1()00 Bob Baker Mitsubishi Bob Baker Kia ^51 ,^ Car Counlry Drive Carlsbad, CA 92008 (76())431-.1(W) Bob Baker Volkswagen Boh Baker Suharu -^500 Paseo del Norte Carlsbad, CA 92008 (760) 4,18-2200 April 22, 2008 Ms. Sabrina Michelson Senior Office Specialist City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008-7311 SUBJECT: CUP 2-032 - BOB BAKER VEHICLE STORAGE LOT Dear Ms. Michelson: Enclosed is the revised second page of the Land Use Review Application which has been executed by the owner, Mr. Ray R. Winter. Thank you for your help. Please feel free to contact me if you have any questions. Very trul^^^urs, Lori Tibbett Corporate Paralegal Baker Media Advertising -^91 Camino de la Reina Suile 110.^ San Diego. CA 92108 (619) 68.VS.^88 /It Enclosure BetterWay Leasing & Auto Buying Service 7?iO Camino del Rio North San Diego. CA 92108 (619)574-6644 Bob Baker Foundation 591 Camino de la Reina Suili' I 100 San Diego. CA 92108 (6191 297-1001 Bob Baker Properties & Partnerships REKAB Properties Miramar Properties Paccselter.s Insurance 591 Camino de la Reina Suite 1100 San Diego. CA 921 OK Bob Baker Auto Group San Diego County | Bob Baker Enterpr^es, Inc. 591 Camino de la Reina, Suite 1100, San Diego, California 92108 • (619) 297-1001 Fax (619) 299-1049 Bob Baker Ford 7.10 Cairiino Del Rio North San Diego, CA 92108 (619) 297-5001 April 14, 2008 Boh Baker Toyota 68(X) Federal Boulevard Lemon Grove. CA 91945 (619) 287-2400 Bob Baker Chevrolet Boh Baker Suharu 900 Arnele Avenue El Cajon. CA 92020 (619)44(I-04(M Bob Baker Lexus l(K)0 Amele Avenue El Cajon. CA 92(120 (619)440-5.198 Bob Baker Chrysler Bob Baker Jeep 5555 Car Counlry Drive Cari.sbad. CA 92008 (76(l)4.'il-.W(X) Boh Baker .Mitsubishi Boh Baker Kia 55 I 5 Car Country Drive Carlsbad. CA 92008 (760) 431-.10,50 Bob Baker Volkswagen Bob Baker Subaru 5500 Paseo dei Norte C.irlsbad, CA 92008 (760)4,18-2200 Ms. Sabrina Michelson Senior Office Specialist City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008-7311 SUBJECT: CUPtt-032 - BOB BAKER VEHICLE STORAGE LOT Dear Ms. Michelson: Bob Baker Enterprises, Inc., applicant of the above-referenced conditional use permit, hereby requests an extension of the permit as provided in the enclosed Land Use Review Application. Relative to that request, I have also enclosed a Disclosure Statement, along with one check in the amount of $820.00 and a second check in the amount of $290.00. I will await further instruction from the planner. Thank you for your help. Please feel free to contact me if you have any questions. Baker .Media Advertising 591 Camino de la Reina Suile 1105 San Diego, CA 92I().S 1619) 6S<-558S BetterWay Leasing & Auto Buying Service 710 Camino del Rio North San Diego. CA 92108 (619) 574-6644 Bob Baker Foundation 591 Camino de la Reina Suile 1100 San Diego. CA 92108 (619) 297-1001 :^ibbett Corporate Paralegal /It Enclosures Bob Baker Properties & Partnerships REKAB Properties Miramar Properties Pacesetters Insurance 591 Camino de ia Reina Suite 1100 San Diego, CA 92108 CITY OF CARLSBAD ^ LAND USE REVIEW APPLICATION ^ 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Pernnit - 2nd Dwelling Unit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination Coastal Development Permit dJOP 05-5^ • Precise Development Plan Conditional Use Permit • Redevopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Specific Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tcntotivo Parcel Mop Obtain from Engineering Department • Local Coastal Plan Amendment • Tentative Tract Map • Master Plan • Variance • Non-Residential Planned Development • Zone Change • Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).: 210'090'24 3) 4) PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: Bob Baker Vehicle Storage Lot Proposed Surface Vehicle Storage Lot Applicant Representative: Jack Henthorn & Associates, 5365 Avenida Encinas, Suite A, Carlsbad, CA 92008 5) OWNER NAME (Print or Type) Cannon Road LLC, A CA Limited Liability Company 5) APPLICANT NAME (Print of Type) Bob Baker Enterprises MAlLiNGADDRESS 1745 Rocky Road MAlLiNGADDRESS 591 Camino de la Reina, Suite 1100 CITY AND STATE ZIP TELEPHONE Fullerton, CA 92831 ( ) - CITY AND STATE ZIP TELEPHONE San Diego.CA 92108 (619) 297-1001 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 REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE M/^J^AQ-t)^ DATE DATE 7) BRIEF LEGAL DESCRIPTION For of Lot H of Rancho Agua Hedionda. in the Citv of Carlsbad, according to Map thereof No. 823 filed in the Office of the County Recorder, November 16, 1896. NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE The southwest corner of Avei^Bi Encinas and Cannon Road. West (NORTH, SOUTH, EAST, WEST) BETWEEN Cannon Road (NAME OF STREET) STREETADDRESS SIDEOF AND Avenida Encinas (NAME OF STREET) Palomar Airport Road (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 1 N/A 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE . 17) PROPOSED INCREASE Approx ifj.nT 2.20 P-M IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING N/A 66 PI N/A 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION N/A N/A 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BECOME NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS 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 SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED NOV \ ^ ;o^i2 CEIVED RECEIVED BY DATE FEE PAID RECEIPT number Form 16 PAGE 1 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Bob Baker Vehicle Storage Lot APPLICANT NAME: Bob Baker Enterprises, Inc. Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also Include any background Information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed project consists of a storage lot for approximately 245 new automobiles on a 2.45 acres (2.03 net acres) site. The vacant site is currently graded and is located on the southwest corner of the Cannon Road and Avenida Encinas intersection. The proposed parking surface will consist of typical asphalt with a concrete driveway from Avenida Encinas. A perimeter driveway has been provided to access all the vehicles that will be stored on the site. The perimeter of the site will be fully fenced and landscaped to screen vehicles from public views along with a landscaped berm being proposed along Avenida Encinas and Cannon Road. The cars that will be stored on-site will be driven to and from the site by employees and delivery by car carrier trucks will not be utilized. Please see the attached letter for further details. Citv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, finn, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in tiiis and any other county, city and county, city mimicipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, adckesses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part Bob Baker Enterprises, Inc Title Title Address Address 591 Camino de la Reina, Suite 1100 San Diego.CA 92108 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnershio. include the names, title, addresses of all individuals 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, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) r> J 11 r- A v( Cannon Road LLC, A Calirornia Person N/A Coro/Part Limited Liability Company Title Title Address Address 1745 Rocky Road Fullerton, CA 92831 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ 3. NON-PROFIT OiKANIZATION OR TRUST If any person identified pursuant to (1) or (2). above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date /l^/!^ fx^^TK Signature of applicant/date ^A/i.AAllA . AJ Tgg. Steve Maskiewicz Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 City of Cfarlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of Califomia Govemment Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): ^ The development project and any altematives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. O The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. APPLICANT Name: ^^"^ Baker Enterprises, Inc.; c/o Steve Maskiewicz Address: 591 Camino Reina. Suite UOO San Diego, CA 92108 Phone Number: (619) 2974001 PROPERTY OWNER Name: Cannon Road LLC, a California Limited Liability Company Address: 1745 Rocky Road Fullerton, CA 92831 Phone Number: ( ) Address of Site: Southwest corner of Cannon Road and Avenida Encinas Local Agency (City and Countv): ^^'^V Carlsbad, County of San Diego Assessor's book, page, and parcel number: ^10-090-24 Specify list(s): N/A Regulatory Identification Number: N/A Date OfList: N/A Applicant Signature/Date Admin/Counter/HazWutc Property Owner Signature/Date 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout) This supplennental application is to be filed for any developnnent requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). => New Residential Square Footage: square feet x $78.00/sq. ft. = $ => Residential Addition Square Footage: square feet x $94.00/sq. ft. = $ => Any Garage Square Footage: square feet x $22.00/sq. ft. = $ => Residential Conversion Square Footage: square feet x $26.00/sq. ft. = $ => For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: 57.434 square feet x $_5 /sq. ft. = $ 287.170 COST OF DEVELOPMENT ESTIMATE: $ 287.170 B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) 2. A Regular Coastal Development Permit ($60,000 or more) ^ C. Street address of proposed development Form 15 1/01 PagelofS Southwest corner of Cannon Road and Avenida Encinas D. Assessor's Parcel Number of proposed development 210-090-24 E. Development Description: Briefly describe proiect: The proposed project consists of a storaqe lot for approximatelv 245 new automobiles on a previouslv qraded and vacant 2.45 acre site. Perimeter qradinq and landscapinq will screen the stored cars from the public right-of-way and adiacent uses. The cars that will be stored on-site will be driven to and from the site bv emplovees. F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Vacant Land South: Existing Industrial/Office Use East: Commercial Use (Inns of America) West: SDNR Right-of Wav G. Is project located within a 100 year flood plain? | |Yes |^ No PRESENT USE OF PROPERTY A. Are there existing structures on the property? Qves |^ No If yes, please describe. B. Will any existing structure be removed/demolished? QVes ^ No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage 0 sg. ft. 0 sg. ft. 0 sg. ft. Landscaped Area 0 sg. ft. 49.290 sg.ft. 49.290 sg.ft. Hardscape Area 0 sg. ft. 57.434 sg.ft. 57.434 sg. ft. Unimproved Area (Left Natural) 106.724 sg. ft. 0 sg. ft. 0 sq. ft. Form 15 1/01 Page 2 of 8 B. Parking Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? Grade Alteration: Is any grading proposed? If yes, please complete the following: 0 245 245 245 242 •ves #_ •ves #_ KlYes 1. Amount of cut 2000 2. Amount of fill 2000 3. Maximum height of fill slope 3 4. Maximum heiqht of cut slope 3 5. Amount of import or export 0 6. Location of borrow or disposal site N/A ^No • NO • NO cu. yds. cu. yds. feet feet cu. yds. Form 15 1/01 Page 3 of 8 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete, when the application is complete, the processing period will start upon the date of the completion letter. Applicant Signature: staff signature: 05/23/02 oate: TO be stapled with receipt to application Copy for file Bob Baker Enterprises, Inc. BobBahg [san Diego Cout^ 591 Camino de la Reina, Suite 1100, San Diego, Califomia 92108 • (619) 297-1001 Fax (619) 299-1049 Bob Baker Ford 730 Camino Del Rio North San Diego, CA 92108 (619)297-5001 October 15,2002 Bob Baker Toyota 6800 Federal Boulevard Lemon Grove. CA 91945 (619) 287-2400 Bob Baker Chevrolet Bob Baker Subaru 900 Amele Avenue El Cajon, CA 92020 (619) 440-0404 Bob Baker Lexus 1000 Amele Avenue El Cajon, CA 92020 (619)440-5398 Bob Baker Jeep Bob Baker Subaru 5555 Car Country Drive Carlsbad, CA 92008 (760)431-3000 Bob Baker Mitsubishi 5515 Car Country Drive Carlsbad, CA 92008 (760) 431-30.50 Bob Baker Chrysler Bob Baker Volkswagen 5500 Paseo del Norte Carlsbad. CA 92008 (760) 438-2200 Baker Media Advertising 591 Camino de la Reina Suite 1105 SanDiego, C A 92108 (619) 683-5588 Mr. Jack Henthorn Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbacl, Califomia 92008 Re: Avenida Encinas Dear Jack: Here is the preliminary information 1 received from Ken Kerper at Modular Building Concepts, Inc. Ken said he has worked with the City of Carlsbad before and has had good luck getting these types of structures approved. We won't need the HVAC System, but I do think that an electrical hookup might be required for lighting and the control center for the security system. Sincerely, Steve Maskiewicz Real Estate & Legal Counsel SM/np Enclosures BetterWay Leasing & Auto Buying Service 730 Camino dei Rio North San Diego. CA 92108 (619) 574-6644 Bob Baker Foundation 591 Camino de la Reina Suite IIOO San Diego. CA 92108 (619) 297-1001 Bob Baker Properties & Partnerships REKAB Properties Miramar Properties Bob Baker Acceptance Co. LLC Pacesetters Insurance 591 Camino de la Reina Suile 1100 San Diego, CA 92108 Bob Baker Auto Group San Dlego County | Bob Bsker Ford 730 Camino Del Rio North San Diego. CA 92108 (619)297-5001 Bob Baker Enterprises, Inc. 591 Camino de la Reina, Suite 1100, San Diego, Califomia 92108 (619)297-1001 • Fax 299-1049 May 23, 2002 Robert H. Baker President Bob Baker Chevrolet/Subiru 900 .Arnele Avenue El Cajon. CA 92020 (619)440-0404 Bob Baker Lexus 1000 Amele Avenue El Cajon. CA 92020 (619)440-5398 Bob Baker Jeep Bob Baker Subaru 5555 Car Counnry Drive Carlsbad CA 92()08 17601 720-5337 B«b Baker .Vlitsubishi 5515 CarCoumty Drive Carlsbad. CA 92(X)8 (7601431-3050 Bub Baker Chrysler Bob Baker Vblkswa^n 5500 Paseo del Norte Carlsbad CA 92008 |-60l 438-2200 Bob Baker Toyota 6800 Federal Boulevard Lemon Grove. CA 91945 16191 287-2400 Baker Media Services 591 Camino dc la Rema Suue 1105 San Dicgo. CA 92108 (6191 ft,<3-558S BetterWay Leasing & \uto Buying Service 730 Camino del Rio North San Dicgo, CA 92108 (619) 574-6644 Bob Baker Foundation 591 Camino de la Reina Suite 1100 SanDiego. CA 92108 (619) 297-1001 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Califomia 92008-7314 Re: Applicant: Bob Baker Enterprises, Inc. Project Site: 5500 Paseo del Norte, Carlsbad, California To Whom It May Concem: Applicant, Bob Baker Enterprises, Inc., a Califomia corporation, was incorporated June 15, 1984 as Rekab Enterprises, Inc. It subsequently changed its name to Bob Baker Enterprises, Inc., by Amendment to the Articles of Incorporation October 13, 1987. Please see attached documents. Steve Maskiewicz, is a corporate officer of Bob Baker Enterprises, Inc., acting in the capacity of Vice President/Legal. As such, Mr. Maskiewicz is authorized to act on behalf of Bob Baker Enterprises, Inc. Please see Page 3 of the attached Minutes of Annual Shareholders Meeting of Bob Baker Enterprises, Inc., dated September 13, 2001. Very tmly yours, Rbbert H. Baker President RHB/lt Attachments Bob Baker Properties & Partnerships REKAB Properties Miramar Properties Bob Baker Acceptance Co. LLC Pacesetters Insurance 591 Camino de la Reina Suite 1100 SanDiego. CA 92108 state of California OFFICE OF THE SECRETARY OF STATE CORPORATION DIVISION I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of Califomia this OCT 1 .'^ 10P7 Secretary of State SEC/STATE FORM CE-107 ENDORSED FILED in the office of th« Secrntary of Stole CERTIFICATE OF i^HENDHENT of the state of Calisornio OF SEP 2 3 1987 ARTICLES OF INCORPORATION ... o ^ «ct,to MARCH FONG EU. Secretary of State ROBERT H. BAKER and TERRY PLUM certify that: 1. They are the President and the Secretary/Chief Financial Officer, respectively, of REKAB ENTERPRISES, INC., a California corporation. 2. Article FIRST of the Articles of Incorporation of this corporation is amended to read as follows: "FIRST: That the name of this corporation is: BOB BAKER ENTERPRISES, INC." 3. The foregoing amendment of Articles of Incorporation has been duly approved by the Board of Directors. 4. The foregoing amendment of Articles of Incorporation has been duly approved by the required vote of shareholders in accordance with Section 902 of the Corporations Code. The total number of outstanding shares of the corporation is 10,000, The number of shares voting in favor cf tha amendment equaled or exceeded the vote required. The percentage vote reguired was more than 50%, and the percentage vote obtained was 100%. R6bert H. Baker President T Terry Plum Secretary, Chief Financial Officer Each of the undersigned hereby declares under penalty of perjury that the matters set forth in the foregoing certificate are true and correct of their own knowledge and that this \1 declaration was executed on September California. , 1987, at San Diego, R<5^bert H. Baker Terry Plum Secretary, Chief Financial Officer UNANIMOUS WRITTEN CONSENT OF DIRECTORS APPROVING AMENDMENT OF ARTICLES OF INCORPORATION OF REKAB ENTERPRISES, INC. The undersigned are all of the directors of REKAB ENTERPRISES, INC., a California corporation, and by this writing individually and collectively consent to adopt the following resolution: RESOLVED, that Article FIRST of the Articles of Incorporation of this corporation shall be amended as follows: "FIRST: That the name of this corporation is: BOB BAKER ENTERPRISES, INC." RESOLVED FURTHER, that this amendment of the Articles of Incorporation is hereby approved. Dated: Dated: Dated: =\ /n Ml Rb]3ert''H. Baker President Terry Plum C^k Secretary, Chief Financial Officer Vice-ident I, MARCH FONG EU, Secretary of State of the State of Califomia, hereby certify: That the annexed transcript has been compared with the record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of Califomia this JUN 151984 Secretary of State ARTICLES OF INCORPORATION OF REKAB ENTERPRISES, INC. ***** EhfDORSED FILED tn th« dfffCB of ffie Secrefcny«f S(cte JUN 151984 MARCH FONG EU/ Secftrfaty 6< State CaxmeHe M. Goy Deputy FIRST: That the name of this corporation is REKAB ENTERPRISES, INC. SECOND: The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. THIRD: The name and address in this State of this corporation's initial, agent for service of process is: ROBERT H. BAKER 730 Camino del Rio North San Diego, California 92108 FOURTH: This corporation is authorized to issue only one class of shares which shall be designated "common shares". The total number of shares which this corporation is authorized to issue is one hundred thousand. FIFTH: The corporation's issued shares shall be held of record by not more than thirty-five (35) persons. This corporation is a close corporation. SIXTH: No distinction shall exist between the shares of the corporation or the holders thereof. DATED: June 12, 1984 Robert J. Fredrick Incorporator I hereby declare that I am the person who executed the foregoing ARTICLES OF INCORPORATION, which execution is my act and deed. Robert J. Fredrick MINUTES OF ANNUAL SHAREHOLDERS MEETING OF BOB BAKER ENTERPRISES, INC. a California corporation Time and Piace Pursuant to Notice, the annual meeting of the shareholders of Bob Baker Enterprises, Inc., a California corporation, was held at Bob Baker Enterprises, Inc., 591 Camino de la Reina, Suite 1100, SanDiego, California 92108, on Thursday, September 13, 2001, at the hour of 7:30 a.m., the time and place prescribed by Notice, for the purpose of electing a Board ofDirectors, considering reports ofthe affairs ofthe corporation, and transacting other business within the powers of the shareholders. Call to Order -- Chairman and Secretary The meeting was called to order by Robert H. Baker, president of the corporation. As authorized by the By-laws, the president presided as chairman of the meeting, and Thomas J. Solomon, secretary ofthe corporation, acted as secretary of the meeting and recorded the minutes. Validity of the Meeting Call and notice of the meeting being dispensed with by the By-laws, and the meeting being held at the time and place prescribed by the By-laws, the chairman declared that the meeting was lawfully and properly convened. Shareholders Present The secretary declared that the holders of all of the outstanding shares of the corporation were present. Approval of Prior Minutes On motion duly made, seconded and carried, the minutes ofthe previous annual meeting of shareholders was dispensed without objection. Annual Report The chairman presented to the meeting the annual report ofthe corporation for the year ended June 30,2001 and stated that a copy of the report had been mailed to each shareholder, and reviewed the report. A motion was duly made, seconded and carried waiving reading of the annual report. Nomination and Election of Directors The chairman then called for the nominations for directors to serve for one year and until their successors are elected and qualified. The secretary nominated the following persons: (1) Robert H. Baker (2) Michael V. Baker (3) Christopher R. Baker (4) Thomas J. Solomon The chairman called for fiirther nominations but none were made. The above persons were unanimously elected directors of the corporation. Ratification of Directors' Actions The chairman then reported to the meeting the activities of the Board of Directors and proposed that the shareholders ratify those actions of the directors. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that all proceedings of the Board ofDirectors since the last meeting of the shareholders, and all acts taken by members of the Board ofDirectors or by officers of this corporation, are hereby ratified and approved in all respects. Adjournment There being no further business, the meeting was adjourned. Meeting of Directors Immediately following the meeting of shareholders, the chairman convened the annual meeting of directors for the purpose of election of ofiGcers to serve untii the next armual meeting or until otherwise disquahfied by resignation or removal. Nominations were made for persons to hold office as officers of this corporation and by unanimous approval of the directors, the following resolution was adopted: RESOLVED, that the following named persons are elected as officers of this corporation to the offices set forth opposite their respective names: Robert H. Baker President Michael V. Baker Vice President/Operations Thomas J. Solomon Vice President/Finance Steve Maskiewicz Vice President/Legal Thomas J. Solomon Secretary/Treasurer Kathleen R. Favour Asst. Secretary Thomas J. Solomon Chief Financial Officer Christopher R. Baker Assist. Treasurer and that the above officers shall serve for a term of one year, or otherwise at the pleasure of the Board ofDirectors, subject to any rights an officer may have under any employment contract with the corporation. Ratification of Officers' Actions The chairman then reported to the directors the activities of the officers and proposed that the directors ratify those actions of the officers. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that all proceedings ofthe corporation since the last meeting of the Board ofDirectors and ail acts taken by officers of this corporation, are hereby ratified and approved in all respects. Adjournment There being no further business, the meeting was adjourned. Dated: September 20, 2001 Thomas J. Solomon,/Secretary Commonwealth A UNOAMERICA COMPANY July 1, 2002 Bob Baker Enterprises 591 Caminio de la Reina Suite 1100 San Diego, CA 92108 Attn.: Bob Baker Enterprises Title/Order No.: 10006176-MB2 Property Address: Vacant Land Buyer/Borrowers: Bob Baker Enterprises In connection with the above numbered Escrow, we are enclosing the Preliminary Title Report(s) and any other requested documentations. If we may be of further assistance, please feel free to contact the undersigned. We thank you for this opportunity to serve you. Susan Rytcowski Title Officer Commonwealth Land Title Company 750 "B" Street Suite 2350 San Diego, CA 92i01 r»i ^e-i Q^ T^T-'^nnn 750 "B" Street Suite 2350 San Diego, CA 92101 Phone:(619) 233-3000 Commonwealth A LANOAI<(E1UCA COMPANY Commonwealth Land Title Co. 1455 Frazee Road #600 San Diego, CA 92108 Attn: 10006176-iMB2 Your Reference No: Cannon Road Our File No; 10005176 - 611-4 Title Officer: Susan Rykowski Title Officer: Helen Wilson 750 "B" Street, Suite 2350 San Diego, California 92101 (SRykowski@Landam.com) (HWilson@Landam.com) Phone: (619) 233-3000 Fax: (619) 233-4.509 Property Address: Vacant Land PRELIMINARY REPORT Dated as of June 13, 2002 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. 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. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B 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. CLTA Preliminary Report Form (Rev 1/1/95) Page 1 File No: 10006176 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Standard Owners The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Cannon Road LLC, A California limited liability company The iand referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form (Rev 1/1/95) — Page 2 File No: 10006176 Exhibit ^^A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 823 filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Commencing at the Northwesterly terminus of that certain course shown as "South 26°10'00" East 1342.00 feet" for a portion ofthe Northeasterly line of that certain 52.256 acre parcel as shown on Record of Survey Map No. 7050 filed in the Office ofthe County Recorder ofsaid County Recorder; thence along said Northeasterly line and the boundary ofsaid parcel, the following courses; South 26°10'00" East 1342.00 feet to the beginning of a tangent curve, concave Westerly having radius of 335.00 feet. Southerly 283.57 feet along said curve through a central angle of 48'^30'00", South 22°20'00" West 143.22 feet to the beginning of a tangent curve concave Easterly having a radius of 265.00 feet; Southerly 174.00 feet along said curve through a central angle of 37°37'14", South I5n7'14" East 33.93 feet, South 67°29'31" West 70.56 feet, South 15n7'14" East 165.26 feet. South 67°29'31" West 420.48 feet and North 22°30'29" West 3370.70 feet to the True Point of Beginning; thence North 67o2g'3i" East 291.27 feet; thence North 61°24'41" East 251.13 feet to the Northwesterly terminus ofthat certain course shown as "South 35°37'52" East 309.55 feet" on said Record of Survey Map No. 7050, said course being also a portion of the boundary line of the land described in Parcel 2 of the Deed to the State of California recorded June 18, 1965 as File No. 108756 ofOfficial Records in the Office ofsaid County-Recorder; thence along said last mentioned boundary, the following courses: North 39°57'39" West 504.90 feet and South 83°37'10" West 113.54 feet to the Northeasterly terminus ofthat certain course shown as "South 67°31'40" West 27.44 feet" for a portion ofthe Southeasterly line ofthe land described in Parce! 7 ofthe deed ofthe City of Carlsbad recorded November 13, 1972 as File No. 303348 ofOfficial Records in the Office ofsaid County Recorder; thence along said Southeasterly line, the following courses: South 67°31'40" West, 27.39 feet to the beginning of a tangent curve, concave Southeasterly having a radius of 25.00 feet; Southwesterly and Southerly 36.80 feet along said curve through a central angle of 84°20'20", South 73°11'20" West, 35.00 feet, South 16°48'40" East 11.90 feet, South 73°11'20" West 35.00 feet to the beginning of a non-tangent curve concave Southwesterly having a radius of 25.00 feet, a radial line to said curve bears North 73°11'20" East, Northerly and Southwesterly 41.74 feet along said curve through a central angle of 95°39'40" and South 67°31'40" West 132.42 feet to the Northwesterly Prolongation ofthat certain course described above as "North 22°30'29" West 3370.70 feet"; thence South 22°30'29" East 540.00 feet along said prolongation to the True Point of Beginning. CLTA Preliminary Re'port Form (Rev 1/1/95) ~ Page 3 File No: 10006175 EXHIBIT "A" Continued Excepting therefrom that portion as granted to the State of California by deed recorded October 13, 1997 as File No. 1997-0507630 of OfHcial Records. ALSO EXCEPTING THEREFROM that portion described in Memorandum of Lease recorded September 28, 2000 as File No. 2000-0519249 of Ofncial Records. Assessor's Parcel Number: 210-090-24 CLTA Preliminary Report Form (Rev 1/1/95) Page 4 File No: 10006176 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, ifany, and any assessments collected with taxes, to be levied for the fiscal year 2002 - 2003 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2001 - 2002 1st Installment: $2,979.20 Paid 12/3/01 2nd Installment: $2,979.20 Paid 4/6/02 Exemption: $0.00 Code Area: 09170 Assessment No.: 210-090-24 C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code ofthe State of California. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Southern Counties Gas Company, A Corporation Purpose: a pipe line for transmission and distribution of gas and incidental purposes Recorded: July 26, 1932 in Book 147, Page 152 ofOfficial Records Affects: The exact location and/or extent ofsaid easement is not disclosed in the public records. - 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego County Water Company Purpose: right of way Recorded: in Book 1200, Page 421 ofOfficial Records Affects: The exact location and/or extent of said easement is not disclosed in the public records. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: State of California Purpose: Drainage Recorded: June 18, 1953 in Book 4894, Page 490 of Official Records CLTA Preliminary Report Form (Rev. 1/1/95) — Page 5 File No: 10006176 SCHEDULE B - Continued Affects: The exact location and/or extent of said easement is not disclosed in the public records. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company Purpose: public utilities, ingress and egress Recorded: August 30, 1957 in Book 6730, Page 126 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Vista Sanitation District and the City^of Carisbad Purpose: water pipe line, sewer pipeline, manholes, sewer lateral pipe lines, with all the necessary equipment and appurtenances thereto, together with an access road Recorded: June 23, 1964 as File No. 112575 ofOfficial Records Afi'ecta: The exact location and/or extent of said easement is not disclosed in the public records. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The City of Carlsbad, A Municipal Corporation Purpose: public road and general utility Recorded: March 9, 1981 as File No. 81-071069 ofOfficial Records A Plat is attached to and made a part of said document which indicates the location or approximate location of said easement. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: June 20, 1981 as File No. 81-227291 ofOfficial Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description ofthe affected poriiions of said land. 8. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey Record of Survey No. 13036 CLTA Preliminary Repori: Form (Rev 1/1/95) — Page 6 File No: 10006176 SCHEDULE B - Continued Requirements: REQ NO.l: The Company will require that it be provided with the following with respect to the California limited liability company named below: A. A copy of its operating agreement and any amendments thereto; B. A certified copy of its articles of organization (LLC-1), any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles or organization (LLC-10); and C. A copy of the current Statement of Information form (LLC-12) filed with the Secretary of State. Limited Liability Company: Cannon Road LLC, A California limited liability company REQ NO.2: Information in possession of the Company indicates that a division of land, as defined in Government Code Section 66424, is contemplated in the current transaction, or has been divided from a previously existing parcel of land, and involves'the land described in this report. Such division of land or contemplated division of land, would appear to fall within the purview of the Subdivision Map Act (commending with Government Code Section 66410), and as a prerequisite to the issuance of any title insurance at least one of the following requirements must be accomplished to the Company's satisfaction: (A) That a Final (Tract) Map has been recorded in compliance with the Subdivision Map Act and related ordinances; .(B)That a Parcel Map has been recorded in compliance, with the Subdivision i^ap Act and related ordinances; or (C) That a Certificate of Compliance as provided for in the Subdivision Map Act has been recorded; or that other satisfactory evidence indicating compliance of nonviolation be furnished. REQ NO.3: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Part:ies Buyer(s) CLTA Preliminary Report Form (Rev 1/1/95) — Page 7 File No: 10006176 INFORMATIONAL NOTES NOTE NO. 1: PRIVACY NOTICE (15 U.S.C. 6801 AND 16 CFR PART 313): WE COLLECT NONPUBLIC PERSONAL INFORMATION ABOUT YOU FROIVI INFORMATION YOU PROVIDE ON FORMS AND DOCUMENTS AND FROM OTHER PEOPLE SUCH AS YOUR LENDER, REAL ESTATE AGENT, ATTORNEY, ESCROW, ETC. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION IN ORDER TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. NOTE NO. 2: SENATE BILL 2319 EFFECTIVE JANUARY 1, 1991, REQUIRES THAT UNLESS WAIVED BY THE CALIFORNIA FRANCHISE TAX BOARD, A BUYER MUST WITHHOLD FROM ANY SELLER WHO IS NOT A CALIFORNIA RESIDENT, A SUM EQUAL TO 3 1/3% OF THE SALES PRICE OF THE PROPERTY CONVEYED. NOTE NO. 3: THE INFORMATION ON THE ATTACHED PLAT IS PROVIDED FOR YOUR CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUBJECT PROPERTY. THE ACCURACY OF THIS PLAT IS NOT GUARANTEED, NOR IS IT A PART OF ANY POLICY REPORT OR GUARANTEE TO WHICH IT MAY BE ATTACHED. NOTE NO. 4:CALIFORNIA INSURANCE CODE SECTION 12413.1 REGULATES THE DISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES. THE LAW REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW ACCOUNT AND AVAILABLE FOR WITHDRAWAL PRIORTO DISBURSEMENT. FUNDS DEPOSITED WITH THE COMPANY BY WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S CHECK OR TELLER'S CHECK DRAWN ON A CALIFORNIA BASED BANK MAY BE DISBURSED ON THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT. IF FUNDS ARE DEPOSITED WITH THE COMPANY BY OTHER METHODS, RECORDING AND/OR DISBURSEMENT MAY BE DELAYED. ALL ESCROW AND SUB- ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER ESCROW FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY. THE COMPANY MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL INSTITUTION BY REASON OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF SUCH ACCOUNTS WITH SUCH FINANCIAL INSTITUTION, AND THE COMPANY SHALL HAVE NO OBLIGATION TO ACCOUNT TO THE DEPOSITING PARTY IN ANY MANNER FOR THE VALUE OF, OR TO PAY TO SUCH PARTY, ANY BENEFIT RECEIVED BY THE COMPANY. THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY OR ITS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE WITH THE PROCEEDS OF SUCH LOANS, ACCOUNTING, REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: UNION BANK 530 "B" STREET SAN DIEGO, CALIFORNIA 92101 BANK NUMBER: 122000496 CREDIT: Commonwealth Land Title Co. ACCOUNT NUMBER: 9100899563 RE: 10006176 PLEASE INDICATE COMMONWEALTH ESCROW OR TITLE ORDER NUMBER Form 2210-11 {612/23) Page 8 Exhibit B (Rev. 6/2/98) CALIFORNIA LAJSD TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE Tlie rollowing mattera are expressly excluded from the coverage of this policy and the Coinpany will not pay toss or dairage. costs, anomeys' fees or expenses which arise by reason of: I. (a) Any law. ordinance or govemmental regulation (including but nol limited lo building or zoning laws, ordinances, or regulations) restricting, regulating, prnhibiting or relating to (i) the occupancy, use or enioymenr of the la d r'l the character, dimensions or location of any improvement now or hereafter ereaed on the land (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel ofwhich the land is or was a ( " environmental proteaio^ or the effect of any violation of theae laws, ordinances or govemmental regulations, except to the extent that a notice ofthe enforcement thereof or a notice ofa defect, lien or encumbrance'^ ""i from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ' resultmij (b) Any govemmental police power nol excluded by (a) above, except to the extent that a notice of the exercise thereof or notice ofa defect, lien or encumbrance resulting from a violation or alleiied violation afTeciini! ih» I been recorded in the public records ai Date of Policy. * ° ™^ 2 Rights ofemineni domain unless ntKice ofthe exercise thereof has been recorded in the public reconls al Date of Policy, but not exduding from coverage any talcing which has occurred priorto Dateof Policy which w Id h h' rf on the rights ofa purchaser for value withoul knowledge. ouia be bindinii 3 Defects, liens, encumbrances, adveise claims or other matters: (a) whedier or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the i d I became on insured under this policy, (c) Resulting in no loss or damage to the insured claimant; (d) Attaching or crealed subsequent to Dateof Policy, or (e) ResuUing in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. ' Unenforceability oflhe lien ofthe insured mongage because of the inability or failure ofthe insured at Date of Policy, or the inability or failure of any subsequent owner ofthe indebtedness lo comply with the apolicable doiiiu bu.m -s laws of (he state in v/hich the land is situated. 5 Invaiidity or unenforceability ofthe lien ofthe insured mortgage, or claim ihereof, which arises out of the transaction evidenced by the insured mongage and is based upon usury or any consumer credit proiection or tr\jth in Icndina 'aw 6 Any claim, which arises out of thc transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interesl of che insured lender, by reason of the operalion of federai bankruptcy stii- insolvency or similar creditoi's' rights laws. EXCEPTIONS FROiVI COVERAGE-SCHEDULE B, PARTI This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: i Txxcs or assessments which are aot shown as existing liens by the records of any ixxing aulhorily thai levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, righis. interests, or claims which ai-e not shown by thc public records but which could bc ascertained by an inspeclion ofthe land which may bc assencd by persons in possession thereof 3. Easenwnts. liens or encumbrances, or claims thereof, which are not shown by lhe public records. 4. Discrepancies, conflicis in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in paicnts or in Acts authorizing the issuance thereof: (c) water rights, claims or titie to water, wheiher or not the matters excepted under (a), (b) or (c) are shown bv • public records, CALIFORNU LAND TITLE ASSOCIATION HOEVIEOWNER^S POLICY OF TITLE INSURANCE (6/2/98) EXCLUSIONS III 3ddiiion to thc E.xceptiuns in Scheduie B. You are not insured against loss, costs, attomeys' fees, and expenses resulting from; 1 Covemmcniat police power, and ".he existence or violation of any law or government regulation. "Hits includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on thc Land e. land division . _ . r envfronmental proieclion ~ Tna E.xc!usion docs not apply to violations or the enforcement ofthese matters if notice ofthe violation or enforcement appears in the Pubiic Records at thc Policy Date. This Exclusion does noi limit the coverage described in Covered Risic 14, l5, 16, 17 or 24. 2 The Ailure of Your existing structures, or any pan of them, to be constructed in accordance with appiicabie building codes This Exclusion docs r.ot appiy to violations ofbuilding codes if notice ofthe violation appears in the Pub'' Records at the Policy Date 3 Thc right to lake lhe Land by condemning it, unless: X a notice of exercising thc right appears in thc Public Records at thc Policy Date; or b. the taking happened before the Policy daic and is binding on You if You bought the Land without knowing of the taking 4 Risks: a. that arc created, allowed, or agreed to by You, whether or not they appear in thc Public Records. b that arc known to You ai the Poiicy Date, but not £o Us. unless they appear in the Public Records ai :he Policy Dale; c :hat result in no loss to You. or d. thai first occur after ihe Policy Dale - this does noi liniti the coverage described in Covered Risk 7. 8d. 22, 23. 24 or 25 5 Faiiarc lo pay value for Your Title 6 Lack of a righi: a. to any land outside the area specifically described ajid referred lo in para8r3|^^3 of Schedule A. and b. in sireeu. alleys, or waterways that touch the land. This Exclusion docs not limit thc coverage described in Covered Risk 11 or 18 AiMERlCAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-2-87) EXCLUSIONS III addiiioti 10 lhe E.scepiions in Schedule B, you aie not insured againsl toss, costs, atlomeys' fees, and expenses resulting from: 1 Govemmental police power, and che existence or violation of any law or govemmcni regulation This includes buiiding and zoning ordinances and also laws and regulations concerning; • Land use • Improvements on the land • Land division • Environmemal proieclion This exclusion does not appiy to violations or thc cnforccmem of these mailers which appear in the public records ai Policy Date. This exclusion docs not limit the zoning coverage described in items 12 and !3 of Covered Title Risks. 2 T(ic right to take the land by condemning it. unfess. • A notice of exercising :he right appears in the public records on the Policy Date » The taking happened prior lo the Policy Dale and is binding on you ifyou bought the land without knowing ofthe taking 3 Title Risics; • That arc created, allowed, or agreed to by you • Thai are known lo you. but not to us. on the Policy Date - unless they appeared in the Pubiic Recoids • That result in no loss to you • That fii-st affect your title after the Policy Date - this does not limit thc labor and material lien coverage in Item S of Covered Title Risks 4 Failure to pay value for your title. 5 Lack ofa right: • To any land outside che area specifically described and refeired to in Item 3 of Schedule A OR • fn streets, aKcys, or wKcrways thac touch your land Tliis exclusion does not limit the access coverage in Item 5 of Covered Title Risks 1. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following mallen are expressly excluded from the coverage ofthis policy and the Company will nol pay loss or damage, costs, aaomey's fees or expenses which arise by reason oE (a) Any law, ordinance or govemmental regulation (including bul not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiring or relating to {!) the occupancy use or enjoyment ofthe lond; (ii) the character, tjimensions or locatbn ofany improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) enviienmental protection, or the effeci of any violaiion of these laws, ordinances or govemmemal regulations, excepi to the extent that a notice of the enforcement Uiereof or a notice ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorried in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice ofthe exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation elTecting tbe land has been recorded in the public records at Date of Policy 2. Righis of eminent domain unless nolice of thc exercise ihereof has been recorded in the public records at Date of Policy, but not excluding from coverage any laking which has occuned prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects. liens, encumbrances, adverse claims or odier moiters- (a) created, suffered, assumed or agreed to by thc insured claimant. (b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and not disclosed in writing lo the Company by the insured claimanl prior to lhe date the insured claimanl became an insured under this policy; (c) resulting in no loss or damage lo the insured claimant; (d) atlaching or created subsequent to Date of Policy (excepi lo thc extent that this policy insures the priority ofthe lien ofthe insured mongage over any statutory lien for services, labor or material or to the extent insurancc is alTorded herein as to usjessnientj for slreet improvemenls under construction or completed al Dale of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value fbr the insured mortgage. 4 Unenibrceabilily of tlte lien of the insured mortgage because ofthe inability or failure ofthe insured at Date of Policy, or the inabiliiy or failure of any subsequent owner ofthe indebtedness, lo comply with applicable doing business laws of the state in which the land is situatetl 5 Invalidity or unenforceability of the lien of the insured mongage. or claim thereof, which arises out of the transaction evidenced by the insured mongage and is based upon usury or any consumer credit proiection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority ofany statutory lien for services, labor or materials over the lien of the insured mongage) arising from an improvement or work which at Date of Policy the insured has advanced or is obhgated to advance. 7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this Policy, by reason of the aperaiion of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination of the interest of the insured mortgagee as a result oflhe applicalion ofihe doctrine of equitable subordination; or (iii) the transaction creating the interest ofthe insured mortgagee being deemed a pre (a) to timely record the inslrument of iransfer. or (b) of such recordation to impan nolice to a purchaser for value or a judgment or lien creditor The above policy forms may be issued lo afford eilher Standard Covetage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also ihclude the foTTowing General Exceptions: - — EXCEPTIONS FROM COVERAGE Tliis policy docs nol 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 arc nol shown as existing liens by the records ofany taxing authorily that levies taxes or assessments on real property or by the public records. Piocecdings 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 pubic .-ecords. 2. Any fac'j. rights, inleresis or claim which are not shown by the public records but which could be ascertained by an inspection oflhe land or by making inquiry of persons in possession thereof 3 Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4 Discrepancies, conflicts in boundary lines, shortage in arex encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance ihereof, (c) water rights, claims or thle lo water, whether or not lhe matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) And AMERICAN LA.ND TITLE ASSOCIATION LE.ASEHOLD OWNER'S POLICY (10-17-92) _ EXCLUSIOINS FROM COVERAGE The following matters are expressly excluded from ihe coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of I (a) Any law. ordinance or governmental regulation (including bul not limiied to building and zonmg 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 ofany improvement now or herea.^ter erected on the land; (iii) a separation in ownership or a change in the dimensions or area oflhe land orany parcel of which the land is or was a pan: or (iv) environmental protection, or ihe effect ofany violation of ihese laws, ordinances or governmental regulations, excepi tothe extent that a notice ofthe enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violating affecting the land haa been recorded in the public records ai Date of Policy (bl Any governmental policy power not excluded fay (a) above, except to the extent that a notice of Ihc 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 al Date of Policy. 2. Righis ofemineni domain unless notice ofthe exercise thereof has been recorded in the public records al Date of Policy, but not excluding from coverage any taking which has occuned prior to Oate of Policy which would be binding on lhe righis ofa purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant' (b) not known to the Company, nol recorded in the public records at Date of Policy, bul known lo thc insured claimant and not disclosed in writing to the Company by the insured claimant prior to the tlate the insured claimant becaine an insured under this policy; (c) resulting in no loss or damage to the insured claimanl; (d) attaching or created subsequent to Date of Policy, or (e) resuhing 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. 4. Any claim, which arises out ofthe transaction vesting in the insured the estate or interest insured by the policy, by reason oflhe operalion of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (0 the transaction creating ihe estate or interesl insured by ibis policy being deemed a fraudulent conveyance or fraudulent iransfer; or (ii) the transaction creating the estate or inlerest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the insttximenl of transfer, or (b) of such recordation to impail notice to a purchaser for value or a judgment or lien creditor The above poiicy forms may be issued lo afford eilher Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Siandard Coverage Policy will also include the following General Exceptions. EXCEPTIONS FROiVI COVERAGE This policy does nol insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I Taxes or assessments which are not shown as existing liens by the records of any taxing authority lhat levies taxes or assessments on real propeny or by the public records. Piocecdings by a public agency which raay result fn taxes or assessments, or notices of such proceedings, whether or noi shown by the records of such agency or by the pubic records. 2. Any Cicts, rights, interests or claim which are not shown by lhe public records but which could be ascertained by an inspection ofthe land or by making inquiry of persons in possession ihereof 3. Easements, liens or encumbrances, or claims thereof, which are nol shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other fiicts which a conect survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claima; (b) reservations or exceptions in patents or in Acts authoriaing the issuance ihereof. (c) water rights, claims or title lo waler. whether or not the maners excepted under (a), (b) or (c) are shown by the public records ntconos. TWt KOIUU Of THAI UFOIUtAtlOJl IS not suAKAiiiuii il WIS cmtm. THIS M.AI IS not to le coitsmtiiEO »s iCiNi: A PAUI OF THE «»•'"• "j'"": aWOEIl. CUAHAIIIEE. on OTHtH PROOUCT ISSUED ir THt rlMPAHY. TO WICH IT HAr IE ATTACHEO a R-29 39.27 0. S67'3l'4a"W 102.42 E. N15"53'40 "E 53108 210-09 SHT 1 OF 2 I OlfSn COhkTY »SSESSO»'S MAP •( 210 PO, 09 SHT I OF 2 •I 1"=400' 7/23/01 OJB CHANGES BLK OLD NEW YR CUT // Ti 24ac /J «r £aiS /Lfn 7J 3iS3 '0 Soo m /»•<-/9 7S 2S34 /iJ/3 a-2z a.- Zo ii Zl •S-41 tz ara %>>. az S790 3a 4Jf4< ii 3m S4 -Piis 4tf4a 4S 1737 17 /sas 47 tl 44 It So IZ ')T4> Sl 41» 33 B » STOP 88 CANC 52 SAue A wc Hfs 02 5535 52 iMi KC nf? 02 4685 1 i 1< PARS 21A Ic 22A SBE UAP a04-37-aL 2> NO ACCESS 3* SEE OETAIL r ASSlAtED fOfl Il£ ACCUIUCr Of THE tWT* S^WK AsissSl^ pjirfl C MAP 823 - RHO AGUA HEDIONDA - POR LOT H ROS 1806,7050,13036,16192 nai ot tb«M Truala, lBela«la« M*1 of aTiteH* of tltlo «Bd TrustM'i fo« in •oHMatloa wttb 8. All tuM ozpMidoA undor tbo toiaa horoof, not tban ropold, wttb ooorwA ia- toroot at tbo rata of toa por oost p«r aamai; 9. Aaoruod iatoraot on aald ootoi 4. Uapold prlaolpal of aald aota; or If aoro tbaa oaa, tbo uapald prlaolpal tbaroof pro rata and al-tbout prafaranoa or priority; and B. Iba raosladar If aar to tba paraon or poraona lagally antltlad tbarato, uooa proof of auob rlgbt. I. Tbla Daad of Truat In all Ita parta appllaa to, lauraa to tbe banoflt of, and blada all partlaa barato, tbalr balra, lagataaa, darlaaaa, adminlatratora, ozooutora, anoaaaaora and aaalgna. 3. Truataa aaoapta tboaa Truata abaa tbia Daad of Truat, duly azaoutad a:^ aakaow* ladgod, la aada a puollo raaord aa providad by la«. In thia Saad of Tiuat, vbanarar tbe oontsst so raqsirss, tbs sssrallns gander inoludaa tbe faalnlna aad/ or aautar, aoi tba alngular nuaber iaoludaa tba plural. IN nT!IBS Truator baa azaeutad tbla Inatruaent. 3^ 7, Rboia Marr P. Bboda STATI OT CltirOBKIX, COUSTT 07 3«n Dlago SC. Oa tbla Slat day of Hay, 1932, bafora aa, Hatbanlal Gardner, a Votary Publie la and for aald County, personally appoarad 3. T. Bobda k Uary P. Rbeda knoaa to aa to be tbe peraona wboaa naaq_tbey subsorlbed to tha within Inatrjoent, and aolcnow- ladgad that tbey azaeutad tba aoma. band and offioial aeal. HoLtbanlal Gardner Motary Publio in and for aaid Couaty and Stata Notaiy Publio in and for tbe County of San Dlegp, State ?5 Iiy CtjBBlaalon Zzplraa Uareb 1S-193S Baeorded at roiiaeat of Soutbara Title fc Truat Co. JUL 28 1932 at 9 A.U. 7M ^.SO ... 0. U. Swopa, County Baaorder. ' ,^ • By Deputy D. Oole. 36T2S .000000.... Riocr or UY TTa intannTn, aade by aad batvaaa SAX DBOO IT^TSR SUPPLT COUPABY (foraarly tba taa Oli^t* t«««r So.) a aorporatloa orcaalaai aad azlatla* aadar aad by Tlrtua of tba IBM ef tba •«**« of ••Taia, tha flrat partXt and tlw lOOTSDUr ConXTias Qifl OOH* MT, a aaryoraUM OTtaMiMA aad Mlattac wAar aad ty nrtua of tba UM of tlM Stata y eallfarsU, tba aeeeM party; I I I IZSXUSRB: For aad la aeaaldarattoa of tha aua. of Oaa BoUar, raaalpt of ahlota la baraky «aicao»lad«ad, UM flrat pasty doaa baraby great to tba aeaoad party, aubjaat to all •aaaMata, llaM aad aMa^raaaaa of OTary kiad azlatlag agalaat or la raapaat to aatd profarty, and «yoa aad aabja«« to tba taraa aad: aeadltloaa baralaaftar aat fortb, a KUht of Say to anavata. for, lay, aonatruat, aalatala, oparata, raaav, raplaoa, abaaga tba alaa of aad rapaova a plpa Ilaa not to azoaad 12.3/4 inobaa In diaaatar aad appurtaaanoaa ooanaatad tbarawltb for tha purpoaa of tranaportlas gaa for baat, ligbt, power aad othor purtoaaa, *aA to uaa tha aaaa for auah purpoaaa, tbrougb that aartAla paroal of r«al proparty altuatad in the Couaty of Saa Dlago, Stata of California, daa- erlbad aa follovn: All that portion of Lot B, Benobo Agna Badioada, aosordlng to Partition itap thereof Ho.823, filed for reoord in tba offloe of the County Peoordar of Saa Oiago County, California, VoTaaber IS, 189e, oonaiatlng of a atrip of lani tir* faat in ¥ldtb, lyinc ii'l/Z faet oa eaoh sida of tba aenter llna deaorlbad aa follova: Cosneaolng at tbe lataraaotion of tba Hortberly lina of aald lot *H" aa same is ahon on Hap Ho.isai of Tbua Landa, raoorda of aaid San Diago County, anl the oanter line of tbe Atoblaua, Topalca and Santa 7a Brllroad aigbt.af.7ay aoaording to alignment abanga of 1909, aald point of ooaanoaaent being at Bsglnaar'a Station 2273 •*• 12.94 on S* ourro of aald allgBaant; thanoa following the aro of aald ourra, eoneara toaort tba Soutbweat tha radius of whioh bear* South flfty-flTa degraea, flTa alnutaa, twanty- fiiw aaooada (SB* 09' 19*)' Weat, two thouaand eight hundred aizty-four and ninety-four hunilredtbs (2864.94) feet through a eentral angle of eleren degraea, fifty-three alButea, flTa aaoonda (11* 83' OB") a distanse of flTe hundred ninety-four and twenty- aaTan huadredtba tSM.IT) feet to tbe and of aaid aurre; tbenee aontinulng along tbe aenter line of aald right-of-way. South twenty-tbrao degraea, ona alnuta, thirty aaoonda (as* 01' so*) laat (Bailroad ibp. South tblrty-aeTan degraea, twenty-eight alnutaa (ST* n*> laat aagnatlt} a diitonaa of flTo hundrad asTenty and ninety bundradtba : (B70.90) feet; theaea llorth aizty-alz degraea, fifty-eight alnutea, thirty seoonds (M* BS' SO") laat, a dlatanea of fifty-two and fifty bundrodtha (S2.S0) faet; tbenee South twenty-throa dagreaa, oaa ainuts, thirty aeooada (23* 01' 30") Baat, a distanaa of aizty-aaTen and slzty-oaa hundredths tfi7.61} faat to a point on tha Kaatarly right- qf-«ay line of euld Atoblson, Topeka aad Santa 7e Railx-aad, aald point being tbe true polat of beglnaiag; tbenee South twenty-three dagreaa, ona alnuta, thirty aaoonda (SS* 01' 90*) Xaat,' parallel with end fifty-two and fifty bundrodtha (32.SO) feet froa aald oanter line of right-of-way, a dlatanoa of eight thouaand aaren hundred eighty, nine aad aaranty-ae'raa huadradtha (8789.77) feat, aora or laaa, to an interaeatlon witb tha northerly Una of tbat portion of aaid Lot "SP*, ss eon-syad by the San Dlego County Ihter Coapany to tba Southtaat Coaat Land Ceopany by daad raoordad in Book 138S, paga 18, Baoorda of lald Saa Dlago Couaty. Zt la dlatlnatly nadaratood asd agreed that the right of aay and all ether righta aad prlTtlagaa herein daaorlbad ara granted and aaoaptad upon tha follow, lag eoaditloaa, ta-wlti 1. That tha aald flrat party la entitled to tha full naa of the praalaaa BbaT* daaarlLad u aay aaaaar aet iBaeaalataat with tha purpose for ahleb aald right •f Bigr ta sraataA; pr«Tti«4, hoamr, that tba aald flrat party ahall aot plata aay kMlai •» atrutafa orar aald gaa plpa or appwrtaaaaaea. S. fka« tha seaaad yarly ahall tadaaaify aad sata haialsis tha first ili party fM aad a«al8at all daaagaa to paraoaa or propavty that aay raault frca tha aoBatrttatlea, eyaMttoa aad/ er aalataaaaaa of aald gaa plpa aad appurtaaaaaaa, aad ahall aeapaaaata flrat party for aay aubataatlal daatige whlsh aay ba doaa to tha letter's proparty by tha aeaoad party's aapleyeaa while aagageA ia their a^leymat herela rafarVed toi 3. That aeaoad party shaU eonstruot aad aalntala aald gaa pipe la anah a aaaaar that tba top of aald pipe ahall be at all polnta not laaa than 12 laohaa below the aurfaee of tbe grouad through whioh tho aaid pipe paaaea. 4. That the aeaoad party and its aganta and aaployaaa ahall at all tlaaa haTw tha right of Ingraaa or egraaa to ead froa the above deaoribed proiaiaaa orer ths lands of tba first party, and ahall at all tinea buTa free asoasa to said pipe and appurtaaanoaa for tha purpoaa of aalatalnlag, repairing, operating or raplaolag aaaa or aay part thereof, Tbe terns and oonditions of tbis indenture shall ba blading upon and Inure to the benefit of the auoeasaora in latareat of tha raapaotlTe partlaa hereto. :» WEPHWS TOsasoy, the firat party haa eaaaed thia taaeature to be axeautid in Ita oorporata naaa, by ita offioera thereunto duly autborKed, and ita eorporata seel to be hereusta affixed tbis Slat day of July 1932. SAB DISGO WATSB SUPPLY COHPAITY OZ George Crcmwll By J'oha Treanor Preaident. By S W rallatt Aaat.Saareti>ry STiTB 05 OAlIJOHmA, ) ) sa, sciisri OT LOS lajass ) OH THIS 21st day of July, Jl.D. 1932, hofore ae, Slla Soott a Hotary Publio in and for the said County and Stata, personally appeared John Treanor known to ae to be ths Preaiilent, and Z. t. Tallett known to lae to be the Secretary of ths San Diego Water Supply Coapany the Corporation thot eieouted tha wtthin Instrument, knosn to ae to be tba persons who ezsouted the within Instruziant, on behalf of tbe Corporation herein naaed, and asicnoirledged to ae that auoh Corportitlon ezeoutad tba aaaa. IH JlTSSSS TdSRiOl, I haTa hereunto aat ny baad and affixed my offisial aeal tha day azid yaar in tbla oartlfieats first above writtan. Slla Saott ^ la Hotary Publio In nnd for aaid County and State. HISOLTID: That tbo Preaident or Tiee-Prasldsnt and Saoratary or one of tba Aaalatant SaoBetarles of this ocnqpasy ba, and hereby are authorised and aapowerad to grant to Southen Cooatiea Oes Coopaay an eaaeaent for tba aaintananoe of a pipe line OTer certain laada of this sd^aBy ia Saa Diago County, Stata of Califomia, on sueh tana aad eondltlons as tbey, tbe aaid offleera, aay daea proper. anrs or cMsniatu, ) Oltr and Oeaaty of Saa Traaelsse I, tm, I. Ketaalf, the Seeretery of Saa Dlago Watar Supply Co^aay, do hereby eertlfy that the feregelag Is a true aad aorroat aopy of a rasolutlon daly I I OVnOAL tEr~tDS lOOK 155 paaaad aad adoptad by tha Board uf aireotors of said aoapaay tit a aaettag thereof duly tailed sad held at the office of aatd coopeay OB the lath day cf July, 1932, aa the said raaolutloa appears in the alautas of said aeetlng and the saae baa not beea rea* atadad or aodiflad and la aow in full foree aad effeet. ix WIINIBS WIISRX07, I have hersunto aet ny hand and affixed the aeal of said aorporatton this 13th day of July, 1932. Dtsgo^ later Suppl^ Conpaay iBocrperatadll n July 10,l»t4/ yjsvada ^' Hu. B. Matoalf Sear,? tary. Hacorded at requeat of Grantee Jm. 28 1932 at 19 Uin. past 9 A.M. Pea IS.OO 0. il. Swops, County Haoorder. 3ST42 By Deputy D. Cole. OOOOOO—— IH THS SUPiaiOR COUHT 07 THS STATS 0? CaiJORHlA IH A!;3 ?oa T:I2 OOTOTY OF S.VH Dii:oo So.71830 THCiUS . BBA-r, ?lal«tlff. W, S. EfiOESBieX aad AHHI3 S. B80SXSXCZ. busbaad and wife, 3LTa. S. B. Ba>.TtOB, OA B2HZSCH, 3CQTH7SX IXTSSmST COUPiXY, a 3or3oratloa,J05X XZ COXPAHY, a soiporatlaa, JCBX DOS, iiICH..BD ROZ, SOSAX OaiB and JURY S2SP, Csfaadents. HC7IC3 07 LIS P2HDSKS 5 s o ) SSTZCX IS RStsBY 01723 tbat an aatlon baa been ooinanoe:; in tha Superior Court or tba Stata of Calif oraia, 13 inti for tha C-'mty of Sao Diago, by the -sbove naaed plaintiff oeclnst tbe above aued defendants, and a&Xi action is aow pending; that aaid adtlcj hoe ba«a brought sad la being oraaaousad for tbe purpoaa of obtaining a judoaant aad daasee ef aaid Co«rt wfurelag snd foraoloslag a oartaln aortgaga bearing data Tab- ruary 1, 1«2«, axeeuted by I. S. Broderiak and Anale X. Brodariak, buabaad and wife, dafasdaata herela, aad fllad for reoord end r«««rd«d ia the offloe of tba Couaty Be. aordar of said Cousty oa the 7th day of rebraaxy, 1929, la Book Ho.982 of Uortgagaa at page ASS, and diraatlag and ordariog tha aala of the laoda asil praalaaa daaerlbad in said aofftgage, and situate la the City of San Diago, Couaty of Sta Diego, State of Callfonta, pertta«larly daeerlbed aa foUowa, te-irlti Leta Xlgat, Xlaa, Taa, Cavan and tba South 20.t4 faat of tot Twelve, la Sleek Two Xuadred 7erty-flv«, of Qaivaralty Balghts, aaoording to aaendad aap thereof •ada Vy S. A. d'taeaoart la look •, page SS at ae^. of Lis Pendens, fllad la the offlee ef the Ceanty Xeeerder of Sea Megs Oeaaty; Alse tbat portion of Opas Street, foraerly Tark AvMMa, adjelBlag satd I I I I 421 : 18 THBSt, with p«'««r of siil«, thiiC oeruitt fuel property situated ir. the CouBty of ban ; Dlego, Stats of California, described as followst i.- lot Twenty-four (24) la Block Tweoty-two (22) BOSTOHIA ACRES EKIEM6I0II, ao-cording to Uap Uiereof Xo. 18$6 filed In the offlee of the Couaty Reeortler of aatd San Dlago County Saptamber XZ, 19^S. Ibis Trust Deed is second and subaequent in lien to a first trust deed In favor of ths First federal Savings and Laan Association, of record. For the purpose of securing tha payaent of ons proadsaory note (and any ranawal or extension thereof and any addltlon&l suas, »lth interest ttioreon, as may be hereafter borrowed from aald Beneficiary ty the tnaker of .•miri not* when evidenced by another pro- Dlssory note or notas, certified by said Trustae as being secured hereby,) In tho prin- cipal sua of SEVai HUHDHEB BIGHTY-EICHT and HO/100 DOLLABS (»788.00), this day executed by tha Trustor tn favor of the Benariciary, together with payment and or perfornence of every obUsatlon, tiovenant and agreeiaent hereafter referred to. TO HAVE AHD TO HOLD said property upon the saoo Express Trusts as set forth In a Deed of Trust executed to the Truatee herein anti now of record In. the office of the Re- corder of the County of San Elogo, State of California, In Book 881 of Official Records, at page A72 et seq. thereof; which portion of said Deed of Trust, being paragraphs "Ist to 4th*, and all of the paragraphs and sub-paragraphs under sectton "A" and "B" thereof, all inclusive, is hereby- referred to anci Bade a part hereof. IHE UHDEKEIGJiED THUSIOK RE;,t;ESTS that a copy of any notice of aefiult and of any notice of sale hereunder be mailed to uin at his address opposite is signature hereto. Failure to Insert such address shall be deened a waiver of tjiy retiUsst hereunder for a copy of such notices. HAKE Archie Pasley Elliott ADDRESS Box 57, Bostonla, CaXlfornia. WIIHEES the signature of saiti Trustor the day and year first above written. The foregoing trust Is hereby accepted. Archie Pasley Elliott AXEHXCAH ASSOCIATES By (no seal) STATE OF California ) Cotaity of San Diago ) ss. On this 26th day of July, 1941, before ne, the undersigned a Hotary Public in and for said County and State, personally appeared ARCHIE PASLEY ' ELLIOTT known to ae to be the person ithose nane is subscribed to the -within instrunent and acknowledged to ae that he executed tbe some. ' Witness ay hand and official seal. Uarle D. Sparks Hotary Public in and for said Covmty ana State. Uy CoosLlssion Expires Hov. 10, 1943. Recorded at re^cuest of E. A. Chapman AUO 2 1941 .14. nin. paat 10 A.M. 1.20 , ROG'H N. iiOV.'E, County Recorder 45337 7 , .•..^r-^^<.^• jy j,^ ^QV^. ••^'=°"'i'.vz=:r-.ooo 7A-683 RIOHT OF IVAX EASEMENT SAH DIEGO COOHTX WATEF. COKPAHI, a eijrporation, organized and existing under the laws of the S-tate of California, herein called the Grantor, for valuable consideration does hereby grant to SOOTHERS CALIFOR^'IA TELEPHONE COaPAHY, a corporatton, organized and exist- ing under the laws of the State of California, its successors and assigns, a right of way fifteen (IS) feet in width under and along the strip of land situated in the County of San Diego, State of Califomia, hereinafter particularly described, together with the right at any tiae, and fron tine to tliae, to erect, construct, reconatruct, replace, re- pair, aalntatn, operate, and usa under and along tbe said strip of land, one or more burlad oablaa and/or underground conduits, with all necessary cables, wires, nuinholss. Barkers, snd othar spplianoas and fixtures for usa In connsction therawlth for telephone, talagrapb, and eeaauatoatlon purposes| providad, however, that no buildings or othar ftrueturas or squlpasnt shall be plaoed on or above tha surface of the ground ezeeptlng tost Barkers, and that each such taat aarksr shall be at least three thoutaai (3000) faet 422 raaevad froa any oUisr suoh t«*t aiirkar. All that portion of the Ranoho Agua Hedionda, tn the Coimty of San Dlego, State of California, aocording te Partition Uap tharaof Xo. S23 filed tn tbe office of tbe Couaty Beooider of San Diego Cauaty Hoveaber 16, 1S96, deaoribed aa faUawsi Besinning at Comer Xo. 6 of ssid Rancho aa shown and delineated on aaid Hap, runains thonoa Horth 89'* $9' Eaat along the Seuth line of satd Rancho as aboai on said Hap S317.S8 fee* to a point; thanca Xorth 0* 32' Keat 7038.98 faet to a Dolnti thanoa South 89* 28' Wast 1865 fset to a point; thence Horth 0* 34* West 1319.22 faet to a point; thence Horth 64* 35' Weat 2531 feet to a point; thence Horth S3* S7' West 892.70 fest to a point; thence Horth 72* 14* West 1S8S.3 feet to a point: thenoe Horth 34* 21* West 1290.3 faet to a point; thanoe South 63* 42« West 893.68 faet to a point; thence South 72*' 24' Weat 2036.33 feet to a point; thence Horth 78" 03' *est to the lino of the-^rdJnary nean hlghUde of the Pacific Ocean; thence Southeasterly along said ordinary or mean hlgh\tida line to an intersaction with tha '*estsrly extension of said South line of said Rancho; thence Horth 89* S9' East along saU Westsrly extension of said South llna I44 feet to the point of beginning; EXCEPTIKG therefrom those portions thereof described aa followsi B>CEPTIOH HO. 1: All that portion of the Rancho Agua Hedionda, according to Partition Uap thereof Ho. 823 filed in the office of tha County Recorder of Son Dlago County, Hovenber 16, 1896, described aa follows: Beginning at Comer Ho. 6 of said Rani^o as shown and delineated on said, map; thence running Horth 89" S9< East along ths South line of satd Rancho as shown on said nap 5317.S8 feat to a point; thence Horth 0* 32' West 1558.90 feet; thence South 89" 59* West along a line parallel with the South line of said Rancho 6137.80 feet to an in-tersection with the ordinary or nean high'tlde. line of the Pacific Ocean; thence Southeasterly along said ordinary or nean high tide lina 1705 feet, more or less, to an intersection with tha Weaterly extension of said South line of said Rancho; thenes Horth 89* 59' East along said 'Westerly extension of said South line 144 feet to the point of beginning; EXCEPIIOH HO. 2: That certain tr.:ct or parcel of lana conveyed by Kelly Invest-ment Coapany. a corporation, to The Atchison, Topeka and Santa Fa RaUway Conpany, a corporatton, by deed datad July 24, 1909 and recorded in Book 473, Page 111 of Deeds described as follows: Coomenctng at. the intersection of the 'Aesterly line ' of 100-foot right of way of The Atchison, Topeka and Santa Fe Railway Coapany with tha Hortt«rly line ofsaid Lot H; thence Southerly along said 'Aesterly line of 100- foot right of way 1302.3 feet, acre or less, to a.point opposite Engineer's Station 2261 plus 22.2 of center line of said 100-foot right of way, said point being 75 feet at right angliss Westerly fron center line of relocation of The Atchison, Topeka and Santa Fe Railway at aiglneer's Station 2260 plus 63.5 of said reloca- tion- thence HortA 37" 28' West, nagnetic parallel with and 75 feet Westerly fron saiti center line of relocation 666.3 feet;, thence northerly on a curve concave to the West with a radius of 2739.93 feet, 75 feet Westerly from and parallel '«Ith said cai ter line of relocation 595.7 feet, uore or less, to said northerly line of Lot H; thence Easterly along said Hortberly, line of Lot H, 30.8 feet to cosmence-nent. ALSO that portion of satd Lot H described as follows! Coinnencing tn the Easterly line of said lOO-foot right of way opposite Engineer's Statton 2262 plus 02.5 of canter line of said right of way, said point being 50 feet at rtght angles Easterly fron satd center line of relocation opposite Engineer's Station 2260 Dlus 85.6 of said relocation; thence South 37" 28» East magnetic parallel wtth and 50 feet Easterly fron said center line of relocation 3123.9 feat to a point In the Easterly line of said lOO-foot right of way opposite Engineer's Station 2229 nlus 60.7 of center line of said right of way; thence Northerly along the Easterly line of said lOO-foot right of way 842.8 feet to a point 50 feet at right angles Westerly froo center line of said relocation opposite Engineer's Station 2237 Dlus 96.6; thence Horth 37" 28' West nagnetic parallel with and 50 feet Westerly froa said center line of relocation, il03 feet to a point in the Easterly line of said lOO-foot right of way opposite Engineer's Station 2259 plus 92.2 of center line of said right of way; thence Northerly along said Easterly line of said lOO-foot ri£ht of way 210.3 feet to ootomencement; EXCEPTING fro- satd Lot H a strip of land 100 feet in wit:t:h as described ir. deed to State of Caltfornia recorded August 30, 1935 In Book 432, Page 60 of Official Records. The center line of said right of way under and along which the said structures shall be constructed and maintained Is described as follows: Beitlnnlng at a potnt on the North line of said property 7.5 feet Easterly of the Easterly line of Ihe Atctitson, Topeka and Santa Fe Ratlvtay rtght of wa;- and ex-tending Southeasterly parallel with said right of way for a distance of approxi-mately 1.A50 feat; thenoe Southeasterly 30 feet Easterly and parallel.with the Easterly line of The Atchison, Topeka and Santa fe Hallway right of way to tha South boundary of the above-described property. Said Grantor does further grant to the Grantee, its successors and assigns, rights of Ingress to snd sgress from said rtght of way hereinabove described by the shortest and most direct practical route or routes over and along any roads now existing upon or over the lands of the Grantor, or ovar and along such roads as Grantor may hereafter relocate or subatltute for existing roads, and ovar and along any neoessary extensions thereof to said right of way; it being understood that the Grantor expressly reserves the right at any tiae snd froa tiae to time to relocate any existing roads or axtenalona thereof ea- i.Ubltshsd by Orantss, or to substitute othar rosdi therefor. Ihe Grantor further grants I 9 I I I I I to the Grantee tbe right to uss any and all gates nos azistisg or which aay bsrssftar be aeastrastsd by Grsator and/or Grantee that nay be neeessaiy for Grantae'a aeeeas to tba right of way herein described, snd all aueh gataa uaed by Qrantee ahall, tn addition to the Grantor's locks, bs locksd by the Grantee's locks so that sane will be locked or unlocked by the Grantee Indepandsntly of the locks of. the Grsntor. Peroission ts also granted to clear and to keep cleared all traea, stumps, roots, and brush froiu said right °' ""RESEHVIMO', however, unto tha Grantor, its successors and assigns, the right to use the surface of said right of way for grazing, agriculture, and other similar purposes and to construct, maintain, operate, repair, and use in, under, over, across,, and along the said right.of way roads, fences, pipes; ditches, fiunes, canals, and lines of any and all kinds for water, oil, gas, telephone, telegraph, and all other uses and purposes what- soever not -Inconsistent with the full enjoyment ly the Grantee of tha rights hereby grant- ed; provtded that tho Grantor In the exercise of any of the rights herein reserved shall not pemit the erection or maintenance of any building on said right of way. " , The sftld rights are hereby granted subject'ta the following terms, covenants, and conultlons, which shall be covenants and conditions running with and attached to the scld rights hereby granted, and binding upon the Grantee and its successors and assigns in favor and ifor the benefit of the Grantor, Its successors and assigns, to wit: 1.. That the said right of way shall be used for the purposes hereinabove specified, and for no other purpose whatsoever. 2. That the said buried cables and/or conduits shall be laid and constructed at a depth of three (3) feat on land now under cultivation. At all other locations the depth of the cables and/or conduits shall be at the discretion of the Grantee, but not less than two (2) feet. Grantor nay designate to Grantee during the work of construction what lands are imder cultivation. 3. That the Grantee shall so exercise the rights hereby granted as to avoid unnec- essary danage to the Grantor and its lessees and tenants and to the roads and gates used by Grantee; and the Grantee shall indennlfy the.Grantor and its lessees and tenants from any and all losses and damage which may be caused by the Gr.-mtee in its exercise of said rights or by any wrongful or negligent act or omission by the Grantee or by its agents or aaployees, ana the Grantee shall repair any damage which nay tie caused by its use of any of said roads and gates, and the Grantee shall close each and till of the gates used by Grantee Immediately after it shall have had occasion to use the saae, and shall keep ita locks on said gates locked at all times when the gates are not in actual use by the Gran- tee. 4. That the Grantee in tha exercise and enjoyment of the rights hereby granted shall avoid unreasonable interference with the use by the Grantor, or its successors and assigns, of the rights hereinabove reserved as is not inconsistent with Grantee's full enjoynent of the rights hereby granted. J. ' Ihls easement is granted subject to all rights and reservations of record. IB WIIHESS WHEREOF, tha Grantor has caused this Instmment to be executed by its of- ficers theraunta duly authorized and its corporate Seal to be affixed this 9th day of June, 1941. SAU DIEGO COUNTY WATER COUPANY By Griffith Henshaw President ^ L. Loretta Young Asst. Secretary. STATE OP CALIPOBXIA ) Les } IS. SJfS DIEGO COUNTY KXER COUPANl FRANCISCd, CAL. UCOnPOtiATKD/JULY 2?> 1922. County of Los Angalss } is. ON THIS 9th day of June, A. D. 1941, befora ma, Ella Scott, a Xetary Publio In snd for ths ssid County snd.Stats, personally appeared Griffith Uen-ihsw. kaown to ae to be ths President, and L. Loretta Young, known to ne to ba tha Asst. Sssrstsry ef ths Ssn Diego County Water Conpany, tha Corporation that azaeutad the within Zastniasnt. known ta ae ta be the persens who axaoutad the within Instrument, on behalf of tbe Carperstion hersin nanad, snd soksowlsdfsd to as that auoh Corporation ezeoutad tbe ssas. -i .1' 1'^ 1^ 1 m 9 a « IX WI'fflKSS WKERI07, I have hereunto set ay band and affixed agr official seal tbe day aad year in this oerttfleata first above arittaa. Slla Scott Xotaiy Public In and for aatd County and Stata. Xy Cooatsslon Expires April 21, 1945. Recorded at ra<tuoat of Less .s AUG 2 1941 1 ain. past 9 A.M. 3.40 ROGER M. HOWE, County Bscorder 4530S 30 coMPAHttu By j3,p^jy g^jg^ —rnrrami'rt nmcm QQQ THIS DEED OF TRUST, nade this 25th day of July, 1941, Between ALBERT G. READER and AUCRKY U. Rl-IADEH, husband and wife, hereinafter called the TRUSTOR, UNION TITLE INSURANCE AND TRUST COUPANY, a corporation, of San Diago, California, hereinafter called the TRUSTEE, and VERNON OTHO CLAPP and ViHQINIA FISCHER as Joint tenants, CLAPP, husband ani wife,/hereinafter called the BENEFICIARY: WITNESSETH: That Tmstor hereby grants to Tmstee, in tmst, with poiter of sale, all tbr.t property tn the Ctty of San Dtego, County of San Dtego, State of California,. described as: All of Villa Lot Thirty and those portions of Villa Lots I'«enty-nlne and Thirty- one of ALLEN TERRACE, according to Hap thereof No. 1620, filed in the office of the County Recorder of San Dlego County, December 30, 1913, described as follows: Beginning at Southwest comer of said Villa Lot 29; thence Northeasterly along Westerly line of said lot a distance of 15.66 feet; thence East on a line paral-lel with and distant 14.29 feet North of South line of said Lot 29 to Easterly line thereof; thence Southerly along Easterly line 01° said lot to Southeast comer thereof; thence West along South line of said Lot to point of beginning; Beginning at Northwest corner of said Villa Lot 31; thence Southerly along Westerly boundary line of said lot a distanca of 9 feet to Northwest comer of land conveyed to William Niven and Clara S. Niven, husband and wife, by deed dated September 6, 1921 and recorded September 10, 19>:1 in Book 861, page 199 of Deeds;-thence East along Horth line of the land so convded to said Niven, being parallel with Horth line of said Lot 31, to the Easterly line of said Lot; thence Northerly along Easterly line pf said Lot 31 to Northeast comer taereof; thienee West along Nortii line of said lot, a distance of 369,51 feet to point of beginning; ALSO all that portion of Teralta Place tbat was vacated and closed to public use on February 18, 1924 by ilesolution No. 30803 of the Cotnnon Cotinotl of the City of San Diego, lying ioBedlately irfesterly of and adjacent to the foregoing described preslses. FOR THE PURPOSE OF iECUKING: FIRST. . Payment of the indebtedness evidenced by that certain proiaissory note (and any renewal or exttoislan thereof) in fora as follows: »7,000.00 San Dlago, Califomia, Jul;- 25, 1941 In installaents and at the times hereinafter stated, for value received I promise to pay to VEPJf.OH OTHO CLAPP and VIHGINI.i FISCHKH CLAPP, husband and 'jiire, as Joint tenants, or order, at San Dlego, Califomia, the principal sun of SEV'clsmouSAIiO Dollars with in- terest froa AufTust 1941 on the amounts of princlpiil remaining froa time to time unpaid, until said principal sum is paid, at the rate of five per cent per annum. Principal and interest payable In laonthly installments of FIFTY Dollars, or more eaah, on the Sth day of each and every aonth, beginning September 5, 1941, and continuing monthly until paid. Each of said payments shall be credited as follows: First on the interest then due; and the renainder on the principal sum; end interest shall thereupon cease upon the amount so credited bn the said principal sun. Shoulti the interest not be so paid it shall, at the option of the holder of this note, become a part of tha principal, and thereafter bear Ilka interest as tha principal. Should default ba made in the payment of any of said In- itallments when due, then the whole sum of principal and Interast shall become imnediate- ly due and payable at tha option of tha holder of tals note. Should suit ba comnenced or in attomey enployed to enforce payment of this note, the undersigned agraes to pay in addltt'jn, a reasonable sua as attomey's fess. Principal and Interest payable In law- ful aonay of tba United Stata. Thts nota is secured ly a certain Deed of Tmst to ttas OXION TITLE IXSORAXCB ABD TRUST COUPAXY, a oorporatlon, and Is given ai a part of ths purshass prlae of ths real property seouplng ssna. ALBERT 0. RBADEB AUDBXY U. READER I I I nwbiy SKSMH XZ 0B . , 2 .'-r EASEiMENT We PAUL BCKB and, MACtPALgirA TSCKZ^, JlViB^»X^„.»^..!!!i^J^ , ..-..1 - - IRANT to the State of CaUforai. an EASEMENT for drainage.. .p.urpaaea. TV t pan, over and acroa that certaui r«al property in the. Countyof S,„n Diego — - . City ..of ...Carlabad ... Stan of CaUfocata. described aa follows: <-'''hose portions of Lot "H" of Rancho AgLia Hedionda, aocordinsr to ^.'^-titlon Mf'p'thereof No. 82T, filed in the office of the County Recorder of S,-in Dlecro County, November 16, ,1396, described as follows: "ARCEL 1: i^om-nerifilnfr ."t a point on the Westerly line of the rtht of w.^y, 100 ^oet '-/iSe of the Atchison^ Topeka and Santa Fe Railway Company(forraerTy C'li^or.vl- So'ithci-n P"ll>.'.'iy Compa.ny) PS deecrlbed In deed recorded In Boole ^r' o-'^e 171 of Deed.In the office of aaid County Recorder, distant ^h'-T on 3.^3"'05»40»S., 1,878.99 feet from a 2 inch irqn pipe, mr-.rked Ti'n r * set for the Southeaat corner of Record of Surv'ey No. 1806, filed in'the'offlce of said County Recorder, Atjrll 30, 19^; thence N.15*53'^0" 79.^-'" feot to a nolnt on thc center line of said Rallwny Com^iany ri'-^t'or wry dJ stpnt thereon N.SS'OS'^CW., 550.26 feet from a 2 inch Iron iln» (burled 2 feet) set for Rnllwny' St.t<tlon 2191+5^.^'-0; thence an- tmuln'--" N.13"*5"''iO''H:. , 332.33 fest to the TRUE POINT CP 35;3IN»IN{J; thence fr-jm'fi t-n^-on-i-'whlch be/^rs N.85°21'01''W., alorip; a curve to the left :^rl•fh >nuB o*" 152 fpet, throu-rh art s.ngle of 27*^'i'39'', a dlat??nce of 73.60 *"pflt- '-.hence S.6.'S''5^'20''W., "88.32 feet to 6 "joint on the Efisterly llneof prls'R.-'il'v.'V right of way; thnncc along aald Kaaterly line, N.23°05'^0"W., ^3.00 feet to P ioint which bears N.66*5^'20''E., 50.00 feet from Railway St.-tlon 2200+03.iiO on the oentsr line of a-Id Railway right of way; tiance rontlnuln.3- N.23"'05'i^0»W., 23.00 feet; thence le-'vinsr eald Eacterly line, JJ <':o5J4.i20''S. 88.32 feet; thence along a tangent curve to the rlpht witn "'ri^-ilus of 108 feet through nn antrle of 30*22"4'6*, r distance of 10ij..9c feet; theSce 3.15"53'l^O-'A'., ^^6.68 feet to the TRUE POINT OF BEGINNING. C(jntalnlnfl: 0.19 av'rea. ...!.„,.< A strip of land 10 fMt nid* lying 3 f»«t aaeh aid* of tha foUoirliur deserlbad-^entar Tiinar"^ . 'v:^.' Coaaenolng at a polat on tha fletttharljr Ilaa of that portion of aald Ransho Agua Hedionda deseribad la pareal 2 of daad to Paul Eoka and Kaz- dalena Ecke, recorded in Book 17*^9, paga 5* of Official Records in the office of said County Recorder, distant thereon I.89*56'I?"*., 636,32 feet more or leaa froai the intersection of said Southerly line with the said * We at Tiy railway right of way line, said point of cosiaencement being the Southweaterly corner of that certain parcel of land described in- deed to State of California, recorded August 30, 1935 in" Book kjz, pdn 60 of aald Offici.":! Records; thence along the Vesterly line of said certain parcel N. 23*06'30"^'f., 39*53 feet; thence ialong a tangent curve to the left with a rit-dluB of 4'950 faet, through an angle of ^••b5'30'» a diatance of 353,ii9 scld 10 foot strip to be prolonged or. shortened so rs to begin and end in the prolongation of a strip of land 61,00 feet wide, lying Northeasterly at risht angles frora s.ild course described as N.27*12'00"W.,-168.51 feet. Contt-^lning 616 sauare feet, 'nore or less. PARCEL 3! A atrip of land 10 feet wide lying 5 feet each aide of the following described center line: Beginning st the point on the Weaterly line of arid parcel descried in deed recorded In Book ^•32, pe^e 60 of Official Records,, designated in porcel 2, above, ae point "A"; thence N.62'48'00"E., 6I.OO feet. Contrlnlng 610 aqu/ire feet. The grantor hereby further crantg to crantee all trees, growths (^rowlnc- or thnt mry hererfter grow) -and rop.d, ch,?.nn el and/or dike bul lain e materl;'>is within said rls"ht of way including the right to take water to- " .orether with the right to use same in "such manner and at such loc.-»-ion.T PB eald grantee may deem proper, needful- or necessary for the construction, reconstruction, improvement or maintenance of aald channels and/or dikes. The gr'ntor for himself, hie auocesaorf and assigns hereby waives nny clfiim for any .-'nd all damages to grantor's remaining -oroperty contiguous to the right of way to be conveyed by reason of the location, construction, landaca,'5lng, or mrlntenance of said channels and/or dikes. ' As used above, the tem "grantor* shall include the'plural as well ps the aingul.'-.r numbers and the word "himself* and "his" shall Include the female gender as the case may be. < WB viam STATE OF CAUFORNIA. . 0» iUx htiw mt. . smi mtini, /imamtlly ipprtTri. ACKNOWLZDSMCNT OF aRANTOR CoowTT or.... , u. • i*'It ytt OM Itomuxi nhu hmiUrtJ 4nJ - • - - . « Noliry faUle Im omi for uU Caomly rmJ rrtUhtf thrrtm. My comrnlnlotrj kiumn It Mf lo *» Ikr ftnon • dncrlitJ in nJ vbou lumr . .... - . ... _ _ lohrnM 10 Ilu wilUn hulromml, tti ockimUiu lo mt lil rxmiti Iht mmt. IN WlfNtw Vi-|ii:nriiF. I irrroitlo ul my btmi tml rfixed my ofiriti usi Itl ity tmi yttt Im Ita rtrHfetlt fnl ttavt wtiltin. HtlrtJ ftUir it sni {tr lit . -Ctm.lj ,1 . unt tl CMItnlt. ACKNOWI.E06MENT OF SUBSCRIBING WITNESS bTA'rr. or cALiFORNi.v :.co>inxim . Dlago . .O-llh l^th ityol .Max.. :_ .... In l/ir yttr omt Ihomtmi mimr tuoirU tHi fifty .-three 4>/o« mr, .. .JSnll.. B. JOhnaOn.. . < floltry ?mUle /if tni for uli Counly tni SItIt, rttUint Iterrin. inly ctmmiulm.-J „j ,..„r. f.n^, tpprtrri . - E.av.id. C. ..Bums _ _ . _ to me lo tt ttt ptnon wtou ntme b tmbmitti It Itt MiUtin hnlrntttnl tr t ntmlUnt vUmtti Ittrrlo, u-bo, trinn ty mr Jtl-y •MOI-. J.tfrJ tnJ uU: litl tt rtiiirt In Itt —Comnly of 555...5i^S!?. j/./c of Cltlomir: I.prrunitni _P>ul.Eg.>Le Mid Itegdalana getee. frnoKjUj knonnto tim to tt Itr pmon.Si iricriiej In, tnj mto rxientri lit Itti wilUn Imlnmml ti ptrlJLBJi Itrrrlo. tni e.icnti tte ttme: I tjl he, ltr tgitnl. ttm tni tttrr, jl ltr requrti of Itti ^rrton^L., tmttetltri tk ntmt tt t wUntit Itrrrlo. IN VtT.irii VMtmtoi'. I itvr trrrmnio trt my ttnj tnJ tfixri my ogiLul irtl Ittjty tni yrtr Im lilt errllfetlr firil ttmt urillm. March. Ipj .1955.. ry rtiUlr Im ami It, 'i. / Il.l.n tmHlr „SaTi Dlejip. ..... title tl Crtllftle. (CZKTIPICATB or ACCZPTaMCB, P—^^ rum -nw Is To CmnvT. TW <i» Sittttf CdihnbH jfmlm kmlmgt^a^h^^^Mmtk Iht Dtfrntrntrnt o/ TMe I, Oh<M0« 0/ mthinrft, bmky teetph ftr pmMic parpom tht emimtmt comttyfJ hy Iht vMim Uti tmi eomuntt to Torib, _ Ibt nearJtUem Ihtrff. IM VrrNsas VHSasor, / itv* birtmmit ut tty W thk. .3^*** ,. ity . 19 53. FRAXK B. DUnUB OncMrti/PaMlrrarAi, 5^.:^?^^ , DiBtplctjp.|^j^g^a7 ..Agent .«iAn«-,i.P« I Oitb XI County SD AM. Sec. 2 I Cbd No. 3804-A 1,243 Sacioo... CO. Schedule No.. STATK OF CALIFORNIA OCFARTMENT OF FUBLIC WORKS DIVISION OF HIGHWAYS EASEMENT WDEXEn TO STATE OF CALIFORNIA Recorded at request of on at._ o'clock . of : County Kecordi. ay . _ ..rain. pan... M.. in Vol ., ., Page. Hmritt Dttmlj Ktnritt (.No itt tut recurJ«(iaii—GOT<miiwi Cod*. Sec <IOj) ... , I •"' ""• •" • iMBTfCoHfowio Then recorded ratum to Dt^tliX* iByll Oistric^XI VM.. - Jy < 8;ujr, BOCWIXMT Wa.- ISCOROSD AT SZQOSST OF annTTiTuiQiuiKEeiivMr ' JUN 18 1933 AM. m orriciAL axooxDs rafSaaOlafakCiUla^ •-•17Ai.'=^°r.ii., 'Jar Mis itfM I.M MS if^ra f aiNTiM miat OCTJUBISE JSaUJKi Fbr and in consideration ef^^^ PiUL BCH aad ."""" MAIT Of EASfNflT -a» ' — reeelat af aktcfa Is herebgr aekaowiadaad,.... ' ' 4 K „-i.nt fn TW PACIFIC TOIPHDM: AND TELBXtAPH OOIPJINT. a cotvoration. ilt)i's httfPhy iirttnt t''.,™.'^''^^^:,. i„„«!t. uintaln. reaalr. roBlaeaand ri CITl uin n-al prtiperty In ..' . Saa QLsgo. ita aeocesaors and aaaiieia, an eaae| e auch aerial and undorxround telcl ran ttaw to eisM raqaire, conniatinc of palex, ancboral xturaa and appttrtenancas, over, under, and upon tha C.iunl.v nl State of Cal Ifornia described The Weoterly and Southwaa'tarly 100 faet of th* iortliwly 2^00 feat of ths Southarly 3998.9 feat of Lot "R" af IsnebD Arm ladioada lyLog Eaatorly of thc East llnaa of tba Atahd.saa, Topafca and Saata Va ItallMsy rl^ of vay and tha SUta Highway IX-SS-2B, said BSS mi'slants boliic drawa parallal with tne Highway and Ballvay rlcht of istyt and p«Tp«iidleiilar to the South Una of Lot "H" of Rancho Agua Radlonda; and ALSO, that portion of Lot "U" of Rancho Agua Hadloada lying Morthaastarly of the Zastorly liiM of tho Atcoioon, Tcp«ka and Santa Fe Rallvay right of -may aad Sotxthwaatarly of tha Voaterly line of State Highway 2I'-S1>-2B aad SovthMstorly of tho Sotcbhorly line of property deacribad In Deed recorded January 21, 1953 la Book ^722, Paee 350 of Official Records of San Dlago Coanty, aa said pertloas of proport^ are shown on Partition Map thereof Ho. 823 filed for record in tho Coun-ty Recorder'B Office of San Dlego County HoTsabor 16, 1896. Th> :.l.ovc drr.cribod eusemsnt ahall ho located on a strip of land four (4) feet in width through till, .'.lovfc dt:ci;ribcd property lying Soutliwesterly of and abutting the following described line: Pcci-irilm: at tha Southwesterly corner of the above daacribad property; thence Fa rteriy on tlie Southerly property line to a point uhlch said point la 22.5 I'tii't rceatiured et right angles froa tho Eaatorly line of the Atchison, Topelca Mild Scntfc Fe Hallway right of way and aaid point being tho true point of •oneliiidiit; thence Northerly 39.58 feet on tho arc of a circle concsve to tho FAst who£o deltt angle is 0«'32»37" and leng-th Is 39.58 feet; theaee N'o.-i.h 23°C5'53" West to tho point of tonnlnation in the northwesterly preperty lin*" of tha above described property. Thi, In.trum.nt fll.d tor r,cord by Union f.tiM i.^. •uranc, ard Tru,t Como.ny «n mr.r . .ir.. . ,n only. It n.. not Dmtn ..arnlnad to 11^ ^.«...:.,.|.>r» „ to Its .riMct th. iltio. UriiiiMt- fis'/.'iiuiits lor hlm.sflf, hi:; .•iiicci-s.sor.s illlfl t11Si'fl'*'llf tmil tLssiiiiLi not to placf »r Diulntnin uny l)tiililiiii: nr t.triKiiir" ^ rl.Mnr'.I'r ilso iiritits lo GruntPH tht- rieht to trim such trees ami other follnup tinil to cut .such nioi.s on s:ii| i.r.iiM.rtv " m;.v I • nrr"sJttr? for the prntpction t.f .saiti strtxtur-s and tt. enter upon sUtJ prtipt-rty tti uli I ..I.'N I.J h .' ,rrL'i7. I f . iinr.'^ Ih«- riithlti hiTOliy KPimtoil. Griintoe .shi.ll bo lUblu to Giuntor for iinj ilimtitti- «hit h irtJ ur t?. tl..' t. .^.•^^^^^ '•P.i.st.t. of nogiiuonc^on thc part of Gntntec In thn PXITCLS.. ol thf .•iiM ..rni| \" •,'. im.SS MII-RKOh ih.^ iii.stniiwiit is i-.n-cuti'il thls,^^!—ilnj of.. Ct^t^^if*^-'^^. ... , 13^7. .•mrili'l. I uy i'.'iLiHM..M.' llll.S , ii>?."X 11 v.nirv iMilil/i' ill ami X^r .-iiitil Ciiiint.y untl i'.iii., fi'.- iihiiK fin riMii, iltil.v fimmi.ssionril :t; 'I :^*iif'i, pcrsritiil I l.v ii|ttl''tiri*ll L.'ui C •- •• , -. — I kti'.v.fi iiirr.i- t;i Iw* rlii» aiTSiin who.SP fi.'wie Hilh-;'.t-ril-"l l'l Ihc *i tltiir iri.stritm*»nt, ti;* a wit 133405 rM'r,s ilic-ri'td, *lni ilt.|niM'> aitit stiys 111; *a.s pt'i'MtXt ajiit H'ini; li.v Itti' Thai hn L^d Uiti..Ci. filly sworn, ! rttnities in | , anti that , oocuNCirr as. RECOROCO mm TITLE WSUI TRUST Co •fr j6.irL ptTvinj^ifiT Ihl' wnfiln anil IIIIVIXPI- ^OIO. pdgpfl .ts. j»ld'i tU> .tobe;' ^(1" hxj^nane therkM IN nm ' >\.fC .... t.n be the aaae 2^d<k_»uhacrIbed to rinatruaent, execute /.hOj:iX«cknool KOIVILMM|,«eMtU EASEMEWr OF SIGHT OF WAY ^/^^ ^ Know All Mwi by Thasa Praiantss PAUL ECKE and MAGDALENA ECKE, huaiMnd and wifa as joint tananta* harainaftar daaifnatad Grantora, ownar of tha haratnaftar da> aeribad landa* for and in eonaidaration of Savanty Fiva Hundrad Oollsra (#7500.00) doaa haraby grant to Tha Viata Sanitation Diatrict, a CoMnty aanitatien diatrict, and Tha City of Carlabad, a Municipal corporation, aa tanvita in roi—on, harain- aftar eallad tha Grantaa, thair aueeaaaora and aaaigna, an aaawiant in, upon, «undar and aereaa tha haratnaftar daacribad landa, to aract, eonatruet, raeonatruet, raplaca, rapair,-auintain and oparata a watar pipa lina, aoaar pipalina, awiholaa,' seswr lataral pipalinaa, with all tha nacaaaary aquipsiant and appurtanwicaa tharato, togethar vith an aceaaa road ovar and acroaa tha harainaftar daacribad landa, togathar with tha right to clear and kaap claar said aasasianta frosi buildinga, strueturaa, swtarials and othar hazards. Tha landa in whieh said aasamants ara haraby granted ara situated in tha City of Carlabad, County of San Diago, Stata of California, and ara particularly da- scribad aa follows: All that portion of Lot H of Rancho Agua Hadionda, in tha City of Carlsbad, County ef San Diago, Stata of California, according to Partition Map tharaof No. 823, filed in tha Offiea of the County Racordar of San Diago County, Novaaritar 16, 1896, lying within a 17.50 foot strip of land lying 8.7S faat aach sida of a cantar line dascribad aa follows: Beginning at Point T, aa said point is daacribad in daad to tha Ssn Diago Gas and Electric Co. raeordad in Book 4722, page 350 ef Official Records ef the County Recorder of San Diego County; thenea North 66^54* 10* East, 50.00 feet to a point in the Easterly line of the Atchison, Tepaka and Santa Fa Railway right of way, said point being also the Southwesterly earner of that tract of land conveyed to the San Diego Gas and Electric Co. by said deed recorded in Book A.722, page 350 of Official Records; thence continuir^ North 66"54.'10" East along the Southerly line of said tract. K.OO feat to the TRUE POINT OF BEGINNING: thence South 23«13U0" East, 2625.51 feet to the be> ginning of a tangent curve concave fcstarly having a radius of 500.00 feet; thence Southerly along said curve a distanca of 77.S4 feet, through a central angle of 8^53'06" to the beginning of a reverse curve concave Easterly, having a radius of 1500.00 feat; thence Southerly along aaid curve a distance of 465.22 feet, throi^ a central angle of 17^46*12" to the beginning of a reverse curve concave laaterly, having a radius ef 500.00 feet; thence Southerly along said curva a distanca of 77.54 feet through a central angle of 8*'53'06"; thence South 23*13'40" East, 1328.10 feet to an intersection with the center line of Road Survey 1534 (Palomar Airport Read) on file in the office of the County Surveyor of said County, said intersection with said center line beii^ hereinafter described as point "A", and to the beginning of a 20.00 foot strip of land lying 10.00 feet each side of a center line described as follows: Continuing South 23''13'40" East, 523.48 feet to the beginning of a tangent curve concave Northeasterly having a radius of lOGO.OO feat: ihence Southerly along said curve a distance of 106.15 feet through a central angle of 6^*54" to a point in the Northerly line of land described in docuRwnt recorded October 5, 1959 in Book 7918, page 363 of Official Records. Together with the right to install, construct, operate, maintain, rspair and replace a road for ingress and egress and water and utility lines over the property de- scribed as follows: All that portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Mao thereof No. 823, filed in the Office of the County Recorder of San Oiego County, Noveaiber 16, 1896, lyir^ within a 20.00 foot strip of land lying 10.00 faat aach side of a cantar line described as follows: Beginning at Point "A", abova da- scribed; thanca South 23*»13'40" East, 523.48 faet to tha beginning of a tangent curve concave Northeasterly having a radius of 1000.00 fset; thanca Southarly along said curva a distance of 106.15 faat through a central angle of 6O04'54" to a point in the Northerly line of land described in docuasnt recorded October 5, 1959, in Book 7918, page 363 of Official Records. EXCfPTING therefrom that portion lying within Road Survey 1534 (Palomar Airport Road). Grantee covenants fer thamaalvaa, thair aueeaaaora, asaigna and aganta that all work in connectton with the installation and/or aiaintananca of tha road, sawer pipalina and thair appurtanancos shall ba dona in a worksianlika siannar and in accardanea with atandard anginaaring practicas, and GraQtaa, thair aueeaaaora, aaaigna or aganta ahall ba raaponaibla fer any dMiaga to Grantor'a exiating or futura facilitiea eceaaienad by or ariatng froai tha eonatruetion and/or maintananca ef aaid road and aawar pipalina within aaid Grantor'a praperty. Grantor resarvaa unto itself, its suceaaaors and asaigna, tha right to uaa tha subsurfaea, surface and airspace tharaevar, of tha harainbafora daacribad road and aawar pipalina aasesiants for the inatallation of aueh facilitiea aa it shall now cr in tha futura deem neceaaary, providad, howavar, that such re- served use rights shall not be exerciaed by tha Grantor, ita aueeesaors or assigns, in such manner aa to Be incompatible with the rights herein granted. Grantee agraes that if fer any reason said easements ara abandoned by aaid Grantee for a continueua pariod of one (l) year, then all rights herein granted shall revert to the Grantor, its successors er assigns, automatically and with- out the necessity of re-entry or notice. Grantee, their successors, assigns and agents further agree to make such arrangements with Grantor's tenants as may be necessary, and further agree to accept all responsibility for dainage to crops and/or property of said tenants occasioned by or arising out of the canstruction, maintenance or use of said roadway and searar pipeline* IN WITNESS IHEREOF, the Grantors executed these presents this dav of 1964 B14 PAUL ECKE (^I* ^ M/GDILE)^ ECKE This is to certify that^the" mterest in real property .4|onveyed by the deed or gfMnt dated May 12, 1964 firom Paul Eciee and Magdalena Ecke to the Vista Sanitation. District^- a poHtical corporation and/or governmental agency, is heteby accepted by order of the Board of said District-on May 25. 1964 the grantee consents to recordation thereof by its duly ofnceyn Dated: May 25, 1964. tors of said District m It?..- )TO MTC (iDdividaal) STATE OF I COUNTYOF. s -^e-^ J Notarr Ptiblic "> and for aaid , known to Be i ..fc^ieper-S_wi-ie •-«''- fV»^ S „4W«idu.i«B—t/a«l «»-""«««» that e«<»ed fie .a»e. . (Tvped er Priatedt 18 19 20 21 22 23 24 25 28 27 S 28 29 30 31 32 CmriTICATS OF ACCSPTAgCg Thia Is to certify that the interest In real property dated i^saer-i^- ^^^"^ ' froa i^M^ dated S'saer/i. -'^'^'^ - froa't^^r^-i^ • *° ^^"^ Cavl-^tad. a political corp- orat'tin E.-n-'/or gov-mn-nlal RC-r^cs, lr hciol'V ancopted by orfsr or ti« Cit.' Council of Ct'." r'." rj.riahad on Xtaa^^ ^aj of •^^^c't^^j ^'^^1^ , ani tl.a grsjiteo consents to recordation thereof by Its duly authorized officer. 'iJJ2575 CITY OF CABLSBAO City Clerl: - f • JMSTRlCt JUN Z3 a ji nacoRDiNO Reauesran BY 1050 r 1 City of Carlabad ' 1200 Elm Avenue Carlsbad, California 92008 _J MMI. 1AM irATWUkn IQ r n City of Carlsbad JJS 1200 Elm Avenue a» t Carlabad, CaUfornia 92008 L J 4 81-071Cv69 FILs/.'tS-.'.O. SOr-K 1331 Hss 3 in .27 IIH'81 . OFFIOi-.i :...!,;/fi05 lANOIECU LbjNTY.CA. VERA L. LYLE RECOROER MO FK TO 1933CA {T3-74t SfACB ABOVe THIS UNK FOR RECCRDERS USE Individual Grant Deed THIS rOMM rUHNtSMCO Mt TIUOH TITLK IN«UflKlltS .21fl.--Q9i)'d.6-_ The undersigiteti griuitor{ft) iieclare(*); Documentary' trinjfer tu ia ^ Nil ( ) eomputeti on fuil value of property conveyed, or i ) compuleil on lull value less value oi liens and encumbrances remaining al linte of sale. ( ) Unincorporaled area: (><) City of Cari.sbad FOK K VALUABLE CONSIDERATION, receipt of which U hereby acknowledged, RAY W. AND BARBARA WINTER, Huaband and Wife, as Community Property hrrcby CRANT(S) lo The City of Carlsbad, A Municipal Corporation the following described real property in the City of Carlsbad Countyof SanDiego , State of CaUfomia: An easement for pablic road and general utility'purposes over and under the real property described on Exhibit "A" attached hereto and made a part hereof. As shown for convenience sake on Exhibit "B " attachetfl hereto and made a part hereof. ''EB 2 3 1981 .sT.\'rK OF t:.\uFonNi.\ Om _:$??Al'««M- 3- Ray^. Winter r-%\. • Noiarr P<il>li« \ • lul for I IW'iro IM. th<- unJcr- I .*<iaif. iH^Htnally spp^arrrl A.rt.rl, Barbara Winte KJ/MTBt- Ilt IK- (lie |irriMin!a Ini^tiuinrni ami srk miwlf J^cil tlui WIT.>'E.'^.K my lunj and official #eal.^ SiKnaturu . PtlllHTillCll ttt lllr viilhiti rxeculed lllf Mmr. OFFICIAL SEAL Rtro FIEIDS.T Jvtlarv Putj ic . ClIH .Fiitvcicol Ollln In SAN DliulD CCUfJTV Mv Com^l,.!.., f July 1C.15S.1 (Tltl. IM r., ..*rUI iMCtfl. ,#.11 .o 03 CO Title Order No .Xscrow or Loan t^o.. MAll TAX STATEMENTS AS DIRECTED ABOVE ^e3eri£tio£j__5aa_giego^_CA Document-rear.Doero 1981.71069 Page: 1 of 4 \/\/ i ! i AiX/ 79298 01- 22-81 Revised 02-10-8Z LEGAL DESCRIPTION . AVENIDA ENCINAS/ECKE PROPERTY That portion of Lot H of Rancho Agua Bediondti:, tn the City of Cnrlsbad, Cotmty oC San Diego, State of Califamia, according to map thereof No. 823 tSeiS in the' office of the County Recorder of said County, described as foUows: Commencing at the most Westerly comer of Parcel 2 as shown on Fsircel Map No. 10801 filed in the office of said County Recorder; thence North 67^3*31" East 220.81 feet along the Northwesterly line of said Parcel 2 to the TRUE POINT OF BEGINNING; thence North 39"41'49" West 124.49 feet lo the beginning of a tangent curve concave Northeasterly havir.g a radius of 870.00 feet; thence Northwesterly 261.5S feet along said curve through a central angle of 17*13'29"; thence North 22'28'20" West 138.33 feet to a point on a Une parallel with and Southeasterly 71.00 feet frorri the centeriine ot Cannon Road as descrit>ed in Pai>r;cl 7 of the deed to the City of Carlsbad recorded November 13, 1972, File No. 303348 of Official Records in the office of said County Recorder, said poinl being the beginning of a tangent curve concave Southwesterly having a radius of 2S.00 feet; thence Northwesterly 39.27 feet along said curve thro-igh a central angle of 90*00'00" to a Une paraUel with and &:iutheasterly 51.00 feet from said centeriine of Cannon Road; thence Korth S7°3l'40'' East 120.00 feet along said last mentioned paraUel Une to a point of cusp with a curve concave Southeasteriy having a radius of 25.00 feet; thence Southweiiterly 39.27 feet along said ctirve through a central angle of SO°00'aO"; thence S<:uth 22°28'20" East 138.33 feet to the beginning of a tangent curve concave Nor-.heasterly having a radius of 800.00 feet; thence Southeasterly 240.50 feet along said curve through a central angle of 17°13*29"; thence South 39°41'49" East 145.34 feet to said Northwesterly line; thence along suid Northwesterly line, the foUowing courses: South 61°24'41'' West 2.74 feet and South 67°29'31" West 70.46 feet to the true point of beginning. OS Co 00 17782 SKY PARK BOULEVARD IRVINE, CALI.-ORNIA 92714 EXHIBIT "A" (714) 549-2222 EXHIBIT "8" ^ VViLLi Ai'.'^SCN"-vSCHMID B53 ) 7782 SK"^ PARK BOUIEVABD IRVINE. CALIFORNIA 92714 (714)549.2222 5/ir£rcu To /JCCOM/^A^-T' SC»IH /'m/CO ^ VViLLi Ai'.'^SCN"-vSCHMID B53 ) 7782 SK"^ PARK BOUIEVABD IRVINE. CALIFORNIA 92714 (714)549.2222 5/ir£rcu To /JCCOM/^A^-T' OftA-WN BV ^ ^ VViLLi Ai'.'^SCN"-vSCHMID B53 ) 7782 SK"^ PARK BOUIEVABD IRVINE. CALIFORNIA 92714 (714)549.2222 5/ir£rcu To /JCCOM/^A^-T' suavcYioav . ^ VViLLi Ai'.'^SCN"-vSCHMID B53 ) 7782 SK"^ PARK BOUIEVABD IRVINE. CALIFORNIA 92714 (714)549.2222 5/ir£rcu To /JCCOM/^A^-T' CHICXEO BV ^ VViLLi Ai'.'^SCN"-vSCHMID B53 ) 7782 SK"^ PARK BOUIEVABD IRVINE. CALIFORNIA 92714 (714)549.2222 5/ir£rcu To /JCCOM/^A^-T' riELD BOOK ^ VViLLi Ai'.'^SCN"-vSCHMID B53 ) 7782 SK"^ PARK BOUIEVABD IRVINE. CALIFORNIA 92714 (714)549.2222 5/ir£rcu To /JCCOM/^A^-T' OATt r-fS-^/ AFrrovcD av 5/ir£rcu To /JCCOM/^A^-T' JOS NO. -Qi.ggQ.,-Ca. Document-Year.OoerP 1931.71069 Page: 2 of 4 4^ 00 Mos/ JV/yCer /'c/. F. EXHIBH "B" scxLE /'t/aa ^ WiLLI,^MSCN*'^SCH^/i!D 17782 SKY PARK BOULEVARD IRVINE. CALIFORNIA 92714 MKHX BV ^ ^ WiLLI,^MSCN*'^SCH^/i!D 17782 SKY PARK BOULEVARD IRVINE. CALIFORNIA 92714 SUAVCYCO BY . ^ WiLLI,^MSCN*'^SCH^/i!D 17782 SKY PARK BOULEVARD IRVINE. CALIFORNIA 92714 Ch CCXCO BY (714) 549-2222 — ri£I.O BOOK — OATC /-fj-^/ APPDOViD BV — JUB NO. J.1 Description: San Diego.CA Document-Year.DocID 1981.71069 Page: 3 of 4 4- 1_ 1053 CERTIFICATION FOR ACCEPTANCE OF DEEC This is -to certify -that fJia In-terest: in real procr conveyeti by the deed or grant dateii Fghnmr-v 77 IQQI from Rav W- an/^ Barhara W n<-ai-, Hi.=hj...< "rillltluii LLLI Onm •:o the City of Carlsbad, California,' a municipal corpor?^ is hereby accepteii by the City Council of -the City of Califomia pursuant to resolution. Mo. 6458 , aiJopt; on March 3, 1981 , anti the grantee consents to - recordation thereof by its duly authorized officer. DATED: March 4, 1981 ALETHA L. RAUTENKgSNZ, C: -»= SJ6J/. , knuM-11 lu me lit I»e (lie pi-rwin^_vliAi>f naincJ inotniinent and acknnw|rtlr«l lliat— . ruliscrilted lu tlte wtlltiii •eaecaicd the Nimr. WlTi\£.<S mr i)«otl ami ufficiBi seal. .Sf:nattirc I* / CPtlCIAL SEAL Rrb FIEIDE,! .'^•iiiiiool OIlie, lr Title OrdiT Nu.. ...Escrow or I.uan No.. MAIL TAX STATEMENTS AS DIRECTEO ABOVE Description: San Diego,CA Document-Year.DocXD 1981.71069 Page: 4 of 4 . I ' .•j...,ct.-j.-—JrJytl- ;..>J'»'.~:^:. . 'itaji- -.-.j.... .-. I Kiicordlng Requestad by SAN DIEGO GAS i ELECTRIC COMPANY When Recorded Moil to: SDG&E, P. 0. Box 1831 San Dlego, CA 92112 ATTN: Office Services, Roon 611 85' BOOK I39t RECOROED REQUEST OF aw JUL GAS& 9 56 CQ. OFFIOIAL titCOHDS SAM DIECO COUKTY. C*. VERA L LYLE .SPACE ABOVE FOR RECORDER'S USE S6.00 13:1279 EASEMENT Transfer Tax Kone SAN DIEGO GAS & ELECTRIC COMPANY RAY W. WINIER and BARBARA WINTER, (Grantor), for valuable consideration grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporatioa (Grantee), an easeieent and right of way in, upon, ovar, under and across tha lands hereinafter described, to erect constiuct, change the size of, improve, retioastruct, relocate, repair, laaintaln tnd use' fiicilities consisting of: 1. Ondergrouad facilities and appurtenances for tfte transmission and distribution of electricity. 2. Pipelines and appurtenances for any and all purposes. 3. Coofflunicacion facilities, and appurtenances. The above facilities will be installe-d at such locations and elevations upon along, over and under the hereinafter described easement as Grantee may noif or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to from and along this easeoent in, upon, ovor .ind across the hereinafter described lands. Grantee further has tho righc, but not the duty to clear and keep this easement clear from eiiploslves, buildings, structures and m.itexlals. The property which this easement: and right of way is hareby granted is ituated in the County of San Diego, State oi California, described as follows: That portion of Lot "H" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office 2f the Cotinty Recorder of said County of Ssn Diego, described in a Deed recordsd February 19, 1981 at Recorder's File/Page No. 81-051202 of Official Racnrds of said County of San Diego. -1-81-0233-S i_ I f Description: San Diego,CA Document-Year.DocXD 1981.227291 Page: 1 of 4 185; The aas.ment in the aforesaid land shall be mora particularly describeil in Parcals A, B and C belov: Parcel A: Thac certain strip of land L5.00 faat in width, being 9.00 fa«t Southwesterly aad 6.00 feet Northeast'jrly of che following described referenca line: Conmencing at the most Northerly comer of Parcel 1 of Parcel Map No. 11133, filed March 25, 1981 at File No. 81-090S96 in the office of the County Recorder or said Countv of Sar: Diago; thence along the Northweaterly line thereof South 61* 24' 41 Vest, 251.13 feat to an angle point in the boundary therein and South 67° 29' 31" West, 36.56 feat; thenea leaving said boundary North 39" 41' 49" West, 16.00 feet to a point herein designated Poiat "A"; thence continuing North 3P* 41' 49" West, 118.51 feet to the beginning of a tangent 835.00 foot rndius curva, concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 15" 20' 07", a distance of 223.49 feot to a point herein dasignatad Point "3"; thence continuing along the arc of said curve through a central angle of 01° S3' 22", a distance of 28.00 feel:; thence North 22" 28' 20" Weat, 214.33 feet; thance South 67" 31' 54" West, 67.00 feat to tha TROE POINT OF BEGINNING of the reference line here:'in described; thence from said TRUE POIOT OF BEGINNING South 22° 28' 06" East, 61.00 foat. Psrcel B: That certain strip of land 3.00 faet in width, being 4.00 feet measured at right angles on each sidn of the following described center lins: Beginning at said Point "A"; thence South SO" 18' 11" West, 40.00 feet. Parcel C: That certain strip of land 25.00 feet in width, being 10.00 feet Northwesterly and 15.00 feet Soutfaeaiiterly of the following described reference line: Beginning at said Point "B'"; thence South 65' 38' 18" West, 45.00 feet. Grantor sha'.l not erect, place or construct, nor parmit to ba erected, placad or constructed, any btlilding or othar str:!Cture, plant any tree, drill or di.g any well, within this easement. Grantor sha!.l not increase or ditcrease the groi'nd surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which conjient shall not unreasonably be withheld. Grantor furithar grants to Grantiie the right to assign any or all of tha rights granted in this easemiint in whole or in port to Tha Pacific Telephone and Telegraph Company and/or to othf.r companies providing utility or communication facilities. 8I-0235-S .•.•=-.rti_i_?^'.iap-rr-r:,-.'.; I If ^ L- Description; San Diego,CA Dreumant-yaar.DocXD 1981.227291 Paga: 2 of 4 '00; 1859 Grantee shall have tha right but nsl: the duty, to trim or remove trees and bruah along or adjacant to this easement and remova roots froia within this eaaaiaent whenever Grantee deems it necessary. Said right shsll not raliava Grantor of the duty as owner to triai or renovii trees and brush to prevent danger or hazard to property or parsons. CONDUITS CARRY IUGH VOLTAGE ELECTRICAL CONDaCTORS, AND PIPELINES MAY CARRY VQLATII£ MATERIALS, therefore Grantor shall wat make or allow any excavation or fill to ba mode within thia aaseosnt WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC CQfffiNY BY CALUHG 232-4252, and OBTAINING PERMISSION. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, parmitteeti, licensees,, agents ox assigns of Grantor and Grantee. 10th IN WITNESS WHEREOF, Grantor executed this instrument this •Tune , 195)^. day of Executed in the Presence of: Witness _Sw7^8TER BARBARA WINTER Dra'vn Chackad Sketch Date MOPAC Const. No. A.P. No. HiWebran OS-7263 6/5/ai 13139-06 5800930 210-090-20 81-0235-S I — Description: San Diego,Ca D^Sument-year.DocID 1531.227251 Page: 3 of 4' ll . 1860 GENEKAl. FOKM STATE OF C.J.IFORHIA COUHTY OF S-m DIEGO SS . ON TftIS day of ^ . , W 81_, before me. the undersigned, a Notary Pubiic in and for said County and St:ate, reaidine Chrarein, duly commissioned and swom, personally ap-oeared BARBARA WETTER icnown CO me to be the person_ whose name wichin Instrument e}:ecuced the same subscribed to the and'^duly aliknowledged to me that _S_he WITJ^liSS my hand and off icial seal. orriOAt SEAL lAMUtA ). Om-li Notary Public • Colli. .Pilnelpol OHI'e In SAN OIEGO COUNTr MvComnlBlon Enplrei Avrnl 2. 1134 Fubrtc~'i foT*'said County and scace IO \mmmti-r- Description: San Diego,CA Document-Year.DocID 1981.227291 Page: 4 of 4 152 aad of thai* Trusta, laolu<tag aoat of avidaaoa of tltla and Truatea'a with aals) 3, All avBS expanded under the tam* hereof, not than rapal^ with aoaruaA ia- teraat at the rate of tea per «ant par aanua) 3. Aaamad latareat oa aald aotai' 4. Uapald prlBslpsl of said nota; or if aora than ojit, tba unpaid prinoipal tharaof pro rata and without praferanoa or priority; aod 5. Th* ramaiader If aay to the perioa or perao)sfc legally antltltd thereto, UDon proof of auoh right. I. Tbla Daad of Trust In all It* parts appllia to, Inures to tbe benefit of, and bisda all partlea hereto, their helra, lagateaa/ deTlssaa, admlnlatratore, axaoutors, auaoaaaor* and aaalgna. J. Trusta* aocapta thsia Trusta wheh^lfhia Dead of Truat, duly azaouted and aelcnow- ledgad, ia nade a publio record aa providad by law. Xa tbla Dead o' Trust, wbeaavar the oontast so rs^ulrss, the sasoulia: gender includes ths feoinlna ead/ or neuter,/aiid tha alngular nunbor include* ths plural. IN VITKSSS WHSIEOF Truato/ha* *zacuta« this Instrumant. J. 7. RhodEi tiary P. Rhoda STATB OT CALITORKU, COUHTT OF San Oiago SC. . Oa this Slat day of Ilay, 19S2, before ae, Hathanlel Gardner, a Hotaxy Poblla la and for aald/county, personally appaarad J. I. Rohda k. Mary P. Rhoda known to aa to be the peraona whoae namit.they subsorlbed to the withia Inatruaent, and aoknoH- ledgad that they /leouted tha sane. hand and offioial seal. Nathaniel Gardner Notary Publio in and for said Couaty and Stata Notary Publio in and for the County of San Dlegj, State Ify CoiaiEiBsloD Zzplraa tiaroh 1S-193S Baeor^M at raqtiest of Southars Title k, Trust Co. JUL 26 19S2 at 9 A.U. Ya* ;|3.S0 0. U. Swopa, Oounty Haoorder. •• • By Deputy D. Oole. -OOOOOO. RKOT OT lAY THIS IMDWWM, Mda by ud bSt«M« BAX DBQO WATER SUPPLY COUPAITY (foraerly th* Saa fii4«(itta later Co.) a torporatloa orjpuiliad aad axistlBg andar and by vlrtua of tka Uw of tlM mte of I«T»««, th* flrat partyi snd th* SOUTtmH commas OiA COM- pur, K •«rv«ra«te« •rc*iila«4 aad •xlstiaf wUer ami br vtrtu* of tha UM ef th* •«•«« iaC OaltfotnU, tte aetooA HV^r: I I I WITHSSSSTHi 7or aad in aonaldaratlos of the sua of One Dollar, receipt of which la hereby asxaowladged, th* flrat party doaa haraby grant to th* iscond party, subject to all Maaaaati, Itena and •aawabraneea of avtry kind azistlng agalnat or in reapaat to aald proparty, and \ipoa and aubjaat to tha tants aod oonditions h*r*iaaft«r sat forth, a Ilgbt of (ay to asaaVat* for, lay, construct, sulntaln, oparata, raatw, r*plac*, •hang* th* all* of and rsaove a plpa Una not to ezoaed 12-3/4 Inohaa in diaaatar and appurtananae* oonnected tharawlth for tha purpoaa of tranaportina gas for heat, light,. pow*r anil other purvosea, and to usa the aana for such purpose*, thraugh that o*rtaln parcel of r'al proparty aituated in tha County of San Olego, Stata of California, daa- ; crlbad aa follows: All that portion of-Lot H, Rancho Agua Radlonda, aooording to Partition Uap - thereof NotSZS, fllsd for record in the offloe of the County Peoorder of San Dl*go . County, California, KoTsabar 16, 1896, oonsisting of a atrip of laoi flv* feat In width, lylncc ii'l/S feet on eaoh side of ths center llna desorib«d a* followa: Costmanoine at the Interasotlon of tba Northerly lins of aald lot *H" as same is shown on Uap No.1681 of Thun Lands, reoorda of said San Dlago County, and tha centar llna of the Atohiaun, Topeka and Santa Fa Rcilroad. Right-of-;iBy aooording to allgnaent chaoga of 1909, aald point of oomenoaBent being at Snglnaer'a Station 2873 + >2.94 on Z* curve of said alignment; thenoe folloiring the arc of aald ourra, eonqare towart . - the Southwest the radius of which bears South fifty-five degreea, five oinutss, twanty- flva aaoonda (SS* 09' 89") raat, two thottaand eight hundred sixty-four and ninety-four hunilredth* (8864.94) feet through a central angle,of eleven degrees, fifty-three Blnutes, fiT* *eoonds (11* 83' OB") a distance of five hundrad ninety-four and twenty- a*v*n baadradths (&94.ET) feet to tbe and of aaiis. ourra; thenoe continuing along the .. center line of said right-of-way. South twenty-thr** dagreea, ona alnuta, thirty sasonda (as* 01' S0«) Kaat (RaillraadHap, South thirty-aeren dagreaa, twenty-eight minute* (ST* 18') laat aagnetl*) a distanaa of flra huiidred esrenty and ninety hundredtha ; (870.90) faetj thanoa'Morth aiity-alz dagreea, fifty-eight ainutas, thirty seoonda (68* 06' SO") Xaat, a distance cf fifty-two and fifty hundredths (BS.OO) faet; thence South tw*nty-thr«« dagreas, on* alnuta, thirty seconds (23* 01' SO") East, a distanoe of aixty-aeren and sixty-one hundredth* 167.61) 'feefto a point on the laatariy rlght- of-ny llae of auld Atatalson, Topaka and Santa Fe Railroad, aald point being the true polat of beginning; theaoa South twenty-thraa dagreea, ona minute, thirty seoonda (US* 01' SO") Seat, paraiiel with azsd fifty-two and fifty hundredtha (S2.50) feat froa aald center line of right-of-way, a diatanoa of eight thouaand aaren htisdred eighty- nine and a*raaty-a*v*n hundredths (8789.77) faet, more or leas, to an interaactlon with the Sortterly Una of that portion of aatd Lot "3", ss conTeyad by the San Diego County Tatar Caiapany to the Southweat Ccaat Land Company by deed recorded in Book 1386, page 18, Records of laid Saa Dlago Cetmty. It ta dtatinetly undaratood and agraad that tho right of w*y and all oth*r rights and prirtlag** h*r*ln daacrlbcd ara grantad and a*e*ptad upon th* follow- ing •oadltiona, t«-wtti 1. That tha aaid flrat party 1* antltlad to th* full us* of the praals** •b«T« ««a«vtl,«4 la mr aaaaar hot inaeasistant with th* purpos* for which aald right of way ts graamt prorld«4, howavar. that tha aatd first party ahall not plasa aay NiUtM er atrMture ovar aatd gas pipe er app«rt*aan**s. I. Aat th* SMM4 »ar«y shall tadeutfy and MTt hanaaat tte flMt 153 o 39 s o 154 party froa and agalaat all dtaagaa to parsons or property that aay result froa th* coastruotton, operatioa and/ or •atntcnaaa* of **id gas plpa and appurtanaasea, and shall «oap*n*ate first party for any aubstantial dts'jg* which aay be dona to tha latter'* property by the aacond psrty'a «Bploya«a while engageA in their •aployB*nt h*r*ln r*f srred -to. 3. That aacond party ahall construct and aaintaln aatd gaa pipe tn auch a aannar that the top of aaid pipe shall be at all polata not laaa than 12 tnsha* below th* surfac* of th* ground through whtoh tha aald pipa pas**s. i. That the second party and its aganta and aaployeea ahall at all times havs the right of tngrasa or «gr*ss to and from the ubova deaorlbad premises over ths landa of tbe firat party, and ahall at all tinea huva fra* access to said pipe and appurtaBasoaa for the purpose of maintaining, repairing, operating or raplsoing aaaa or aay part thereof. The term* and conditiona of this indenture shall b* binding upon aud inure to the benefit of the aucceaaora in interast of the reapcctlra partiea harito. WITNESS IHSRBOF, th» fir*t party has caused taia indantura to be exeiiutii: In ita corporats name, by tts officer* thereunto duly authorl«*d, and its corporate s*al to be hereunto affixed this 21at day of July 1932. 3AK DiSGO WATER SUPPLY COUPANY OK George Croawwll By John Treanor President. By K W Pallett Aast-Saorstary 4; e STiTS 05 CALirORHIA, ) • • ) 83. OOiIHTY OF LOS ASiaiSS ) CN THIS 81st day of July, A.D, 1933, before as, XIU Soott a Kotary Publio In and for the said County and State, personally appeared John Treanor knoim to me to ba the President, and X. W, Fellett known to ms to be the Secretary of the San Diego Water Supply Coapany the Corpi^ratlon that exeoutad the within Isatruaent, known to ae to ba tha persons who executed tha withia Instrument, on behalf of the Corporation her«tn nsB*d, and as'^cnowl edged to aa that euoh Corpora tion *z*cutad the aane. IB WITSSSS TAERS07, I har* hereunto set ny hand and affixed ny off ialal aaal the day and year in thle aartifilcate first abova wrtttsn. Ella Soott Hotary Public in and for aatd County and State. RXSOLTZO: That tha Preaident or Tiee-Prssidsst and Secretary or one of the Aaklatant Saseetarles of thia aoopany ba, and ber<sby are authorised and empowered to grant to Soutbera Countiea Oas Company an eaaeaent fcr tha aaintananoe of a pipe line over eartstn laads of this coapany in San Diago Connty, Stata of Caiifornta, on anch tsraa and eoadittona as they, tha acid offlcera, nay daest proper. SliTf or C ALErOlMIA, ) oity aad Cauaty ef San Fraactaeo I, fm. R. Ketealf, the Secretary of Saa Slego Water Supply Oovpaay, Ao hereby certify that the feregoiag la a tru* aad oorr*«t copy of a resolutton duly I I I I OfWCIAL tECOtPS BOOK 1 4? 155 puaissd ami udoptad by th* Board .it Dtrsotors of satd company ut a aeating thereof duly aalled snd held at tha office of aaid company on tha 13th day cf July, 1932, as the . said resolutton appears tn th* alaut** of said matting and ths aane baa not b«an r*s- clni3*d or Bodifisd and ta now iu full force and eff aat. IN Wlinsss (HJ&UOr, I hare haraunto sst ay baud and afftzait th* seal of aatd corporatton thi* 13th day of July, 1932., ; Olego' ilattr Suppl'^ Coapany In(iorporat*dl| , July 10,19tf \JIsvada WB. H, Metcalf Secretary. K*cord«d at r«iu*«t of Grant** JUL 26 1932 at 15 Utn. past 9 A.M. Faa ts.OO O. M. Swops, County Recorder, By Deputy D, Col*. 36742 OOOOOO—— IH TKE SUP2H10R COURT OF.THK STATE OF O.UJFOBNIA IN A!iD FOS Xiii .COUNTY OF S.\N Dli200 Kik.T1830 THOa . BR4Y, PlBiStlff, V»s- W. S. ERObSBICX and A1CHI3 E. EB0DXRXC2,^'tauabaiid end wif*, XTS. I. E. I^YTW, IDA BEHXSCH, SOOTHTaS ISTBIKIST COliPAjCT, a 3or3oratlt>B,J0ai D03E CClCAlty, a corporation, JOSf DOS, HICHABD ROZ, S'JSAS CIUS aai lURIsZBP, NOTICE OF LIS P3HDSKS C*f«nd«ii.ts. wonci zs nxsxSKOl'^iS thst an action haa b«an oosnanoau in ths Superior Coast of the Stat* of Oaitfornia, >n and for,the C^-saty of San Diego, by the nbov* aaB*d plalatiff o^aisMX tb* sbcre auiaA defshtV^nts, and said action is now pending; that satd acttcj haa fcaaa broiuht and ia being proaaiKttaa tor tba purpose of obtaining a iudeaent anci daawea cf said Court lefureinx and roreoloWxg a oartatn aortgag* bearing data Feb- ruary 1, 1«29, wxeeuted by W. B. STod*risk and Ai^kc X. Brodariok, husband and wife, dtfasdant* berein, and fllsd for reoord and recortled fn. tb* office of tha County Be- eordar of said Oaur.ty oa the Tth Aay of rebrtaxy, 1929, tK|ook No.682 of liartgagea at pag* 483, and diraettng and ordering tha aala of the laod* astKorani*** dsscrlbad in said xortgtg*, asA attust* is tbe Oity of Ban Dlago, County of Ss^tego, Stat* of California, yarttwtlarly A***rtb*A aa foUows, t»-wltt Lets Xtght, Xia*, TMI, Xleren and tha South 10.(4 feet of Lot^^lre, ta Ueek Two Xusdred Forty-ftrw, ef Untntratty Balghts, ascordtDg to aaendeA BaK>b*r*of MA* by «. A. A'teeeovrt ts look page S< et M^. of Lis P*aA*na, ftl*d la th^^effta* of the Ceoaty Xa*order of Baa Dlago Oeaaty i Also that portion of Dyea Street, foraerly Park Aranue, adjolalBg aalA 5 I I I I 15 TnuST, »iitli po»*r Of iiil<f, th«t csruiti ro»i property situated ir. the County of Lan. Oiago, State of Califamia, described as follows: tot Twenty-four (24) la Block Twenty-two (22) BOSTONU ACRES EXIEMEIQii, ac-cording to Msp tUareof Ho. 1856 filed in the offic* of th* County Recorder of salfl Sun Diogo County Septam'uer 12, 1925. Ihis Trust Deed Is second and subsequent in lien to a first truat dead/fn favor of the First Fedsral Savings and Loan Association, of record. For the purpbse of securing tha payaent of one promissory note f^d any renewal or extension thereof and any addttional suas, with Interest thereon, as may be hereafter borrowed from said Beneficiary by,, the maker of .tslti not<> whan eyidenoed by another pro- missory note or notes, certified by said Trustee as being sewired hereby,) In tho-prin- olpal SUB of SEVEN HUNDRED BIGHTY-EIGHT and HO/lOO DOLLARS/(g788.00), this day executed by the Trustor In favor of tho Beneficiary, together iii.lL payment ar.d or perfornanoe of every obligation, covenant and agreement hereafter roferred to. TO EAVE A;!D TO HOLD sai^/property upon the sajie Express Trusts as set forth in a Deed of Irust executed to t|ie Trustee herein arid^'now of reoorti in the office of tht; Re- corder of the County of San Dlcgo, State of California, in Book 881 of Official Records, at page 472 et seq. thereof; which portion lit said Deed of Trust, being paragraphs "Ist to 4th», and all of the paragraphs anti si)&-paragraphs under section "A" and "B" thereo*", all Inclusive, Is hereb;.- referred to ajK made a part hereof. THE iraCE-iSIGIiED TPDSIOr. iu;;,UESXS tiiat a copy ox' any notice of aefault and of any no;lce of sale hereunder be malle)! to ;il3 at his address opposite' is signature hereto. Failure to Insert such adtiress/sr.all be deeised a waiver of any renu^^st hereunder for a copy of such mtlces. Archie Pasley EUdott ADDRESS Box 57, BostoniE., Calirornia. KITHHESythe signatute of sale Trustor the day and year first above written. The foregoing trust 1/ hereby accepted. Archie Pasley Elliott AJtEHICAS ASSOCiftTES By / (no seal) STATE OF Californ* County of San Di/go ) ss. On this 26th day of July, 19il, before me, the undersigned a Sotary Publlc/ir. and for said County and State, personally appeared AKCiilE PASLEY ' ELLIOTT knownyto ne to be the persor. •J.hose naaa Is subscribed to the within instrument and acknovled/ed to ne that he executed the same. ' Witness/ay hand and official seal. Uaris D. Sparks Notary Public in anci for said Cotmty ana State, ay Comiilsslor. Expires Nov. 10, 1943. Recorded at r9-.;uesc of F.. A. Chapnan AUG 2 1941 . I4 min. past 10 A.M. 1.20 / , RQG"R N. iiOV.'E, Cotmty RecorCer 4533/ 7 , . .1----.;.- 5y J,_ gg^g^ ••^"'"'.'•.vj~-r_-ooo 7A-683 RIOHT OF KAY EASFJIENT SAM DIEGO COUNTY YfATK.F. COStPAHY, a corporation, organized and existing under the la'«s of the State of California, herein called the Grantor, i'or valuable Consideration does hereby grant to SOUTHEM CALIfORillA TELEPHONE COUPATJY, a corporation, organized and exist- ing under the laws of the State of California, Its suece.'^sors and assigns, a right of way fifteen (15) faet in width under and along the strip of land situated in the County of San Diego, State of Califomia, hereinafter particularly described, together with the right at any tiae, and from ti.'ae to tiae, to erect, construct, reconatruct, replace, re- pair, aaintaln, operate, and use under and along the said strip of land, one or mors burlad cables and/or undergroimil conduits, with all necesa&ry cables, wires, nuuiholas, aarkars, and other appllancai and fixtures for us* In connection therewith for talaphon*, talegrapb, and coaenmloation purpos*s| providad, however, that no buildings or othar itruotur*! or «qulpa*nt shall be placed on or abov* tha aurfac* of tha ground •xcapting tast aarkars, and that *aoh such test aark*r shall be at least thr** thousand (3000} f**t 421 i 1 f^90Y*d from any otutir »4iwu twit 'mmi-Wm^. All that portion of tha RMncho Agua Hedionda, In th* County of Son Diego, Stat* of Caiifomla, aocording to Partition Rap thereof Ho. 823 filed in the office of th* County B*oordar of San Diago County NoreBber 16, 1896, described as followst Beginning at Corner Mo. 6 of said Rancho as shoim and dellneatad on aaid gap, running thonoa Jlortii 89" 59' East along the Sautb Iln* of said Rancho as show on said Uap 5317.58 faat to a point; thence Horth 0* 32' Weat 703S.98 feet to a point; thence South 89"» 28' 'Haat 1865 feet to a point; thence North 0* '3i,< i,ft 1319.22 feet to a point; thenoe North 64" 35' West 2531 feet to a point; thence Korth 53" 57' West 392.70 feet to a point; thenea Horth 72* 14' West 1585.3 f«at to a point; thence llorth 34" 21' West 1290.3 faet to a point; thence South 63" 421 Weat 893.68 faet to a point; thence South. 72°' 24< West 2036.33 feet, to a point; thenea llorth 78" 03' West to the.line of the-ordinary aaan highlida of tbe Pacific Ocean; thence Southeasterly along said ordinary or laean hlghittde line to an Intersection with the 'Aestarly extension of said South line of said Rancho; thence North 39" 59' East along said Westerly extension of said South line 14^ feet to the point of beginning; EXCEPTIKG therefrotn those portions thereof ilescribed as follows: BCEPTIOH HO. 1: All that portion of the Rancho Agua Hedionda, according to Partition. Map thereof No. 825 filed in the off loe of the County Recorder of San Dlago County, Movembor 16, 1896, described as follows: Beginning at Comer So, 6 of said Rancho as shown and delineated on said, map; thence running Horth 89" 59' East along the South line of said Rancho as shown on said map 5317.58 feet to a point; thenoe North 0" 32' West 1558.90 feet; thence South 89" 59' West along s line parallel with tha South line of aald Rancho 6137.80 feet to an in-tersection with the ordinary or mean high Ude line of the Paolflc Ocean; thence Southeasterly along said ordinary or mean high tide line 1705 feet, more or less, to an Intersection with tha Westerly extension of said South line of said Rancho; thence North 89° J9' East along said 'Westerly extension of said South line 144 feet to the point of beginning; EXCEPTION NO. 2: That certain tr.'.ct or parcel of lanu conveyed by Kelly Invest-ment Cocspany, a corporation, to The Atchison, Topaka and Santa Fa Railway Company, a corporation, by deed dated Jtily 24, 1909 and recorded in Book 473, Page 111 of Deeds, described as follows: Coiaaenoing at. the intersection of the 'nesterly line ' of lOO-foot right of way of The Atchison, Topeka and Santa Fe Railway Coapany with the Nortl-erly line of aid Lot H; thence Southerly along said 'Westerly line of 100-foot right of way 1302.3 feet, laore or loss, to a point opposite Engineer's Station 2261 plus 22.2 of center line of said ICO-foot right of way, said point being 75 feet at right anglss Westerly froo center line of relocation of The Atchison, Topeka and Santa Fe Railway at Engineer's Station 2260 plus 63.5 of said reloca-tion; thence Hortit 57° 23' Hest, nagnetic parallel with ard 75 feet 'iVesterly from salt: center line of relocation 666.3 feet;, thence Northerly on a curve concave to the West with a radius of 2789.93 feet, 75 feet Westerly froa and parallel '(dth said cai ter line of relocation 595.7 feet, ;:ora or less, to said Northerly line of Lot H; thence Easterly along said Northerly line of Lot H, 30.8 feet to cotsaence- Bient. ALSO that portion of said Lot H described, as follows: Cotaaenclng In the Easterly line of said lOO-foot right of way opposite Engineer's Station 2262 plus 02.5 of center line of said right of way, said point being 50 feet at right angles Easterly from said eeater line of relocation opposite Engineer's Station 2260 plus 85.6 of said relocation; thence South 37° 28' East nagnetic parallel with and 50 feet Easterly froa said center llna of ralooatlon 3123.9 feet to a point in the Easterly line of said 100-foott right of way opposite Engineer's Station 2229 plus 60.7 of eeater line of said right of way; thence Northerly along the Easterly llna of said lOO-foot right of way 842.8 feet to a point 50 feet at right angles Westerly frota center line of said relocation opposite Engineer's Station 2237 plus 96.6; thence North 37° 28' 'n'est magnetic parallel with and 50 faet Westerly froa said center line of relocation, 2103 feet to a point in the Easterly line or said IQO-foot right of 7iay opposite Eiiglr.eer's Station 2259 plus 92.2 of center line of said risht of way; thetic:e Northerly along said Easterly line of said 100-fi3ot right of way 210.5 fee- to canmenoenent; EXCEPTING fro. said Lot H a strip of la.nd ICO feet in '.'ilc-.n as described ir. deed to State of California recorded August 30, 1935 in Book 4i2, Page 60 of Offioial Records. The center line of said right of way under and along whit:h the said structures shall be constructed ar^i maintained is described as follo-ss: BaglTJnlng at a point on the North line of said property 7.5 feet Easterly of the / Easterly line of Tha Atctilson, Topeka and Santa Fe Rall'.'.ay right of way and ex-tending Southeasterly parallel with said right of way for a distance of approxi-mately 1,450 feet; thence Southeasterly 30 feet Easterly and parallel with the Easterly line of The Atchison, Topeka and Santa Fa Rail'«ay right of way to the South boundary of the above-described property. Said Grantor does further grant to the Grantee, its successors and assigns, rights of ingress to and egress from salt] right of way hereinabove described by the shortest and aost direct practical route or routes over s-nd along any roatis nov e.xisting upon or over tn« larylj of the Grantor, or ovar and along suoh roads as Grantor may hereafter relocate or iUbstltut* for exiating roads, and over and alon^ any necessary extensions theraof to said right of way; it being understood that the Grantor expressly reserves tha right at sny ttoe and froa tla* to tine to r*loeat* sny •xisting roads or •xtenaloni thereof *s- it*bliih*d by Grant**, or to substttut* oth*r roadi th»r*for, Th* Qrontor further grants m I I I I I I I ' to the Gr«nt*<i th* right to use any and sll gates no's existing or -ahloh say hersaftsr bs • construct** by Grantor and/or Grantee that aay be neeaasary for Grantee's access to tha rtght of way herein described, and all auch gates uaad by Grantee shall, in addition to the Grantor's locks, be locked by the Grantee's locks so that sane will be locked or unlocked by the Grant** Independently of tha locks of the Grantor. Pemission is also granted to clear and to keep cleared all trees, stumps, roots, and brush frou said right of way, RESEHVIMG, however, unto the Grantor, its successors and assigns, the right to use tha surface of said right of way for grazing, agriculture, and other slmiliir purposes and to construct, naintain, operate, repair, and use in, under, over,, across,, anti along the said right,of way roads, fences, pipesi ditches, fiunes, canals, and lines of any and all kinds'for -water, oil, gas, telephone, telegraph, and all other uses and purposes what- soever not Inconsistent with the full enjoyment ly the Grantee of tha rights hereby grant- ed; providad that the Grantor In the exercise of any of the rights herein reserved shall not peralt the erection or naintenance of aiiy building on said right of way. The Sfsid rights are herety granted subject to the following terms, covenants, and concltions, which shall be covenants and conditions running '«lth and attached to the said rights here'by granted, and binding upon the Grantee and Its successors and assigns in favor and for th-i benefit of the Grantor, its successors and assigns, to wit: 1. That the scld right of way shall be used for the purposffl hereln.ihove specified, and for no other purpose whatsoever, 2. That the said Ixiried cables and/or conduits shall be laid and constructed at a depth of three (3) feet on land no'« tinder culti'iratlon. At all other locations the depth or the cables anc/or conduits shall be at tlte discretion or the Grantee, but not less than two (2) feet. Grantor isay designate to Grantee during the work of construction what landa are under tmltlvation. 3. Toat. the Grantee shall so exer::ise the rights hereby granted as to avoid unnec- essary danage to the Grantor and its lessees and tenants and to the roads and gates used by Grantee; and the Grantee shall Indeonify the. Grsntor and Its lessees ano tenants from any and all losses and daaage »hlch may be caused by the Or.'mtse in its exercise of said rights or by any wrongful or negligent aet or onlsslon by the Grsjitee or by its agents or BMployees, 'ana the Grantee shall repair any Caiaage which may be enused by its use of any of said roads and gates, and the Grantee shall close each and t.ll of the gates used by Crtintee laaedlately after It shall have had occasion to use the sa.-ne, and shall keep Its locks on said gates locked at all tines when tha gates are not in act'jal use by the Oran- tas. 4. That the Grantee in the exerciss and enjoyaent ot the rights hereby granted shall avoid unreasonable Interference with the uso by the Grantor, or its successors and assigns, of t'ne rights herelna'bove reserved as is not inconsistent with Grantee's full, enjoy.'aent of the rights hereby granted. 5. This easement Is granted subject t.- all rights and reservations of reoord. Dl VfllNEES WHEREOF, tha Grantor has caused this Instrument to be executed by Its of- ficers thereunto duly authorltad and its corporate seal to be affixed this 9th day of June 1941. SMI DiaJCi COUHTY WATER COUPANY By Griffith Kansha* President By t. Loretta Young Asst. Secretary. STATE OP CALIFOjaiA ) Cotmty of Los Angeles )_ is SJrtl DIECO COUNTY V^XER COliPAHl FRAilCISCa, CAL. UCOfiPOKAXKD/JULY 2\ 1922. ON THIS 9th day of Juna, A. D, 1941, baforo aa, Ella Scott, a Xotary Public in and for th* said County and. Stata, personally appeared Oriff1th Hen- shaw, known to a* to b* th* Prasldsnt, and L, loretta Young, known to me to be thu Asst, Ssoratary of ths San Dlsgo County Watar Company, the Corooratloh that axacutsd th* within Inatruaent, known to it* to b* th« p*rioni who *x*outad tn* within Instrumant, on bwhalf of th* Corporation harsln namid, snd aaknowl*d|*d to a* that such Corporation *z*out*d tb* saa*. 424 IS wirNE.SB WHEREOF, I have hereunto aat hand and affixed » official th. day ind year in thi* oertlflcate first above written. Slla Scott Votary Puhlic in and for said County and Stata. Uy Connisiion Expiree April 21, 1945. Recorded at requust of Less e AUC 2 1941 1 tain, past 9 A.U 3.40 45305 30 , "rtmrry OMmf'Y ttfrwom —— -—^OU r-t3i«F.Ah,tL> HOC EH N. H0'*E, County Recorder coMi-AHtu ceputy D. Cola. V "« THIS DEED OP TRUST, nade this 25th day of July, 1941, Between ALBERT G, READER and AUEHEY U. RMDER, husband and wife, hereinafter called the TRUSTOR, UNION TITLE INSURANCE AND TRUST COUPAHY, a corporation, of Son Diago, Califomia, hereinofter called the TRUSTEE, and VERSON OTHO CLAPP and VIRGINIA FISCHER as Joint tenants, CLAPP, husband and wife,/hereinart9r eallad the BENEFICIARY: WITN''SSETH: That Trustor hereby grants to Trustee, in trust, with potver of sale, all th.-.t property in the City of San Dlego, County of San Diego, State of California, described as: All of Villa Lot Thirty and those portions of Villa Lots T'uenty-nlne and Thirty-one of ALLEN TERRACE, according to :Jap thereof No. 1620, filed in the office of the County Racorier of San Diogo County, Decenber 30, 1913, described as followa: Beginning at Southwest comer of said Villa lot 29; thence Northeasterly along •*e3tarly line of saio lot a distanoe of 15.66 feet; thence East on a line paral-lel with and distant 14.29 feet North of South line of said Lot 29 to Easterly line thereof; thence Southerly along Easterly line ol' said lot to Southeast corner thereof; thence '^est along South line of said Lot to jjoint of beginning; Beginning at Horth'jest corner or said Villa Lot 31; thence Southerly along Westerly bovmdary line of said lot a distance of 9 feet to Northwest comer of land conveyed to William Niven and Clara X. Niven, husband and wife, by deed dated Septenber 6, 1921 and recorded September 10, 19-1 in Book 861, page 199 of Deeds; -thence East along North line of the land so conveyed to said Niven being parallel with North line of said Lot 31, to the Easterly line or said ' Lot; thence Northerly along Easterly line of said Lot 31 to Northeast corner thereof; thence West along Nortli line of said lot, a distanoe of 369.51 feet tT point of beglTJil-ig; ALSO all that portion of Teralta Place that was vacated and closed to publio use on February 13, 1924 by Hesol'Jtlon No. 30803 or the Comnon Council of the City of San Dlego, lying Inmedlately ".i'esterly of and adjacent to the foregoing described premises. .='0K T.=IK PURPOSE OF iECUnING: FIRST. Payaent of the indebtedness evidenced by that certain promissory note (and any renewal or extension thereof) in forji as follows: «7,QCO.0O San Dlego, California, July 25, 1941 In installments and at the tines hereinbfter stated, for valus received I pronije to pay to VEJ'JI.-.H OTHO CLAPP and VI.RCINU FISC.HKH CLAPP, husband and 'alfe, as Joint tenants, or order, at San Dlego, Caiifomla, Che pri.nolpal sun of SEy'£XlHO(ISAi'''D Collars with In- tttrest from Au>:ust 1941 on the amounts of principal renaining fron tl.-ne to tine unpaid, until said principal suo Is l>alci, at the rate of five per cent per aimun. Principal and interest payable In nonthly installments of FIFTY Dollars, or more ea«h, on the 5th day of each and every month, beginning Septenber 5, 1941, and continuing monfnly until paid. Each of said payments shall be credited as follows: First on the interest then due; ani the reiaai.ider on the principal sun; and interest shall thereupon cease upon the amount so credited on the said principal sun. Shoulci the interest not be so paid it shall, .at the option of tha holder of fnls note, become a part of tha principal, and thereafter bear like intsrest as the principal. Should default ba made in the payment of any of said In- stallments when dua, then the whole sun of principal and interest shall become Iniaedlata- ly dua and payable at tha option of tha holder of tnis nota. Should suit be coitmancsd or «n attomey employed to •nforca payaent of this nota, the undersigned agrees to pay In sddltl'jn, a reasonable sua as attomsy's fees. Principal and interest payable in law- ful aonay of th* Unlt*d Stata. This note is secured a cisrtatn Deed of Trust to the Wtm TITLE IXBOBAXCE AMD IRUST COUPANY, a corporation, and la glran as a part of th* purchss* prise of th* r*al prop*rty stouring aame. ALBERT Q. READER AUDR2Y U. RZADZR I I EASEMEfff OF ft I GKT OF WAY "^Kfwm All Men by Th«s« PreMnts: PAU. ECKE and MAGDALENA ECKE, husbwd and wifa as joint tanantsf harainaftar daaignatad Grantora, ownar of tha harainaftar da- scribad landa* for and in eonaidaration of Savanty Fiva Hundrad Dollara (17500.00) doas haraby grant to Tha Vista Sanitation Distriet, a County sanitation district, and Tha City of Carlsbad, a municipal corporation, as tananta in eowwon, harain- aftar eallad tha Grantaa, thair succassors and assigns, an aasasiant in, upon, «undar and across the harainaftar dascribad lands, to erect, construct, reconstruct, raplaca, repair,'Maintain and operate a water pipe line, sawer pipeline, wenholes, sewer lateral pipelines, with all the neceasary equipment «n4 appurtenances thereto, together with an access road over and across ths hereinafter described lands, together with the right to clear and keep claar said easements from buildings, structures, materials and oiher hazards. The lands in which said easacnants are hereby granted are situated in the City of Carlsbad, County of San Oiego, State of California, and are particularly de- scribed as follows: All that portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 18%, lying within a 17.50 foot strip of land lying 8.75 feet each side of a center line described as follows; Beginning at Point T, as said point is described in deed to the San Diego Gas and Electric Co. recorded in Book 4722, page 350 of Official Records of the County Recorder of San Diego County; thence North 66*»54'10» Cast, 50.00 feet to a point in the Easterly line of the Atchison, Topeka and Santa Fa Railway right of way, said point being also the Southwesterly corner of that tract of land conveyed to the San Diego Gas and Electric Co. by said deed recorded in Book 4722, page 350 of Official Records; thence continuing North 66**54'10" East along the Southerly line of said tract, 14.00 feet to the TRUE POINT OF BEGIimiNG; thence South 23°13'40" East, 2625.51 feet to the be- ginning of a tangent curve concave Westerly having a radius of 500.00 feet; thence Southerly along said curve a distance of 77.54 feet, through a central angle of 8053'06" to the beginning of a reverse curva concave Easterly, having a radius of 1500.00 feet; thence Southerly along said curve a distance of 465.22 feet, through a central angle of 17°46*12" to the beginning of a reverse curve concave Westerly, having a radius of 500.00 feet; thence Southerly along said curve a distance of 77.54 feet through a central angle of 8°53'06"; thence South 23°13'40" East, 1328.10 feet to an intersection with the center line of Road Survey 1534 (Palomar Airport Road) on file in the office of the County Surveyor of said County, said intersection with said center line beii*^ hereinafter described as point "A", and to the beg\T»njng of a 20.00 foot strip of land lying 10.(X) feet each side of a canter line described as follows: Continuing South 23''13'40" East, 523-48 feet to the beginning of a tangent curve concave Northeasterly having a radius of 1(XX).(X} feet: thence Southerly along aaid curve a distance of 106.15 feet through a central angle of 6*^'54'' to a point in the Northerly line of land described in document recorded October 5, 1959 in Book 7918, page 363 of Official Records. Together with the right to install, construct, operate, maintain, repair and replace a road for ingress and egress and water and utility lines over the property de- scribed as follows: All that portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, lying within a 20.00 foot strip of land lying 10.00 feet each side of a center line described as follows: Beginning at Point **A*', above de- scribed; thence South 23*'13'40'' East, 523.48 feet to the beginning of a tangent curve concave Northeasterly having a radius of IOOO.GO feet; thence Southerly along said curve a distance of 106.15 feet through a central ar^le of 6*'04'54" to a point in the Northerly line of land described in document recorded October 5, 1959, in Book 7918, page 363 of Official Records. EXCEPTING therefrom that portion lying within Road Survey 1534 (Palomar Airport Road). Grantee covenants for themselves, their successors, assigns and agents that all work in connection with the installation and/or niaintanance of tha road, B14 sewer pipeline and their appurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices, and Griratee, their auceeasore, aaaigna or agents shall be responaible for any damaga to Grantor's exiating or future facilities occasioned by or arising from the construction and/or maintenance of said road and sewer pipeline within seid (Srantor'a praperty. Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinbefore described road and sewer pipeline easements for the installation of such facilities as it shall now cr in the future deem necessary, provided, however, that such re- served use rights shall not be exercised by the Grantor, its successors or assigns, in such manner as to be incompatible with the rights herein granted. Grantee agrees that if for any reason said easements are abandoned by said Grantee for a continuous period of one (l) year, then all rights herein granted shall revert to the Granior, its successors or assigns, automatically and with- out the necessity of re-entry or notice. Grantee, their successors, assigns and agents further agree to make such arrangements with Grantor's tenants as may be necessary, and further agree to accept all responsibility for damage to crops and/or property of said tenants occasioned by or arising out of the construction, maintenance or use of said roadway and sewer pipel ins. IN WITNESS WHEREOF, the Grantors executed these presents this _day of ., 1964 PAUL ECKE /SEAL) .(SEAL) 4^^Q.4fJi(l£M/ (SEAL) M/COALEj^ ECKE This is to certify tha.t-the interest in real property .(|enveyed by the deed or g^Mnt deted May 12, 1964 firom Paul Ecke and Magdalena Ecke to the Vista Sanitation District^-a-political corporation and/or governmental agency, is hefeby accepted by order of the Board of said District'on May 25. 1964 and the grantee consents to recordation thereof by its dtuy office^^ Dated: May 25, 1964. of said District 1 » 9 4 5| 6 TO A*y C ' 4 (Indmdnal) t STATE OF CAL^ORl COUNTY OF. On :. the uadetsigned, a Notary PubUc in and for saiti M a. < , known to me to fi^the person ^ to^thtf' vitlun iostnuneat. exe««te4 the auK. •eS <^ img adcMnrledged that Name (Typed or Priatedk mo tna l» (aiM MlBlW Mril 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CBHTIPICm OFACCEPTAHCE Thia Is to certify that the Interes-t In real property cnnreyeA by ^Cee.^ Ci-t^a^- dated i?J2^/2. ^'^^'* . froa ya*U. tUj-^ )7?*fMur^ • *o ^^'^ Cavlr^bad. a political corp- oTatf.Tjn s-Ti-^/rar goT-'rT>.n--'niS«l a^^finc.y, is hcreb:/ p.ncepted ;,3unoll of t>f> Cl>.." Ct.risbad on the C.ltj ^ of to recordation ttiereof by Its duly authorized officer. by ord-er - . ttoafi ^ay of "^^f-^j ^^^f . ani ti.a ersi.nteo consents SATXD: ±12575 .,__DlSTRiCt—- CITY OF CABLSBAD City Clar)c ciarl NOTICE OF EXEMPTION To: SD County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title: CUP 02-32x1 - Bob Baker Vehicle Storage Lot Project Location - Specific: 5007 Avenida Encinas Project Location - City: Carlsbad Project Location - County; San Diego Description of Project: Request for a five- year retroactive extension of Conditional Use Permit (CUP) 02-32 to allow the continued use of a 245-space vehicle storage lot located on the southwest comer of Cannon Road and Avenida Encinas in the P-M Zone, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. _..^7 11 Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Bob Baker Enterprises, Inc. | ^ Name of Applicant: Lori Tibbett. Bob Baker Enterprises. Inc. Applicant's Address: 591 Camino de la Reina. Ste. 1100. San Diego. CA 92108 ^ Applicant's Telephone Number: (619)297-1001 F I .1 E 0 GiKyuiy J. Siiillli, RauuiiJiii /Cuuiily Clmk 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)); SEP 09 2008 DEPUTY • Categorical Exemption - State type and section number: Existing Facilities, 15301 Statutory Exemptions - State code number: Reasons why project is exempt: CUP 02-32x1 is categorically exempt because the site is developed and no expansion of the vehicle storage lot is proposed. Lead Agency Contact Person: Shannon Wemeke. Associate Planner Telephone: (760)602-4621 9-y-otf ucaa Agency K.OI DON NEU, Planning Director Date received for filing at OPR: FILED IN THE OFFICE OF THE COUNTV Pi tr.u San Diego County on S£p n q - ^^^^^ Returned to agency on Deputv Date Revised November 2005 ^fcregory J. Smith COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Paeific Highway, Room 103 San Diego, CA 92101-2480 Tel. (619) 2.V,-3771 •* l-'ax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Paeifie Highway, Room 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 186398520080909 Deputy: RG0NZAL2 Location; COUNTY ADMINISTRATION BUILDING 09-Sep-2008 13:24 FEES: 50.00 Qty of 1 Fee Notice of Exemption 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED For your convenience, we are now taking appointments to obtain a marriage license starting June 17th, 2008. Call today to schedule your appointment. Downtown office: 619-531-5088. Branch offices: 858-505-6197. SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Apphcations Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales Weddings on the Web On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents CHULA VISTA 590 ThirtJ Avenue Chula Vista, CA 91910-2646 {619)498-2277 BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00 a.m. - 5:00 p.m. Saturdays at the Kearny Mesa Office 9:00 a.m. - 3:00 p.m. EL CAJON 200 South Magnolia Ave. El Cajon, CA 92020-3316 (619)401-5750 KEARNY IVIESA 9225 Ciairemont Mesa Blvd. San Diego, CA 92123-121 1 (858)505-6226 SAN MARCOS 141 E Carmel Street San Marcos, CA 92078-4309 (760) 940-6858 STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Lead Agency: CITY OF CARLSBAD *343853* Date: 09/09/2008 County/State Agency of Filing: SAN DIEGO Document No.: ProjectTitle: CUP 02-32X1-BOB BAKER VEHICLE STORAGE LOT Project Applicant Name: BOB BAKER ENTERPRISES INC Project Applicant Address: City SAN DIEGO 591 CAMINO DE LA RIENA STE 1100 State CA Zip Code 92108 Phone Number: (619) 297-1001 Project Applicant (check appropriate box): I I Local Public Agency I I School District | | Other Special District | | State Agency | /1 Private Entity Check Applicable Fees: $2,606.75 $1,876.75 $886.25 $886.25 $50.00 Environmental Impact Report Negative Declaration Application Fee Water Diversion (State Water Resources Control Board Only) Projects Subject to Certified Regulatory Programs Gounty Administrative Fee Project that is exempt from fees f/l Notice of Exemption I I DFG No Effect Determination (Form Attached) rOTAL RECEIVED Signature and title of person receiving payment: WHITE - PROJECT APPLICANT YELLOW - DFG/FASB 50.00 50.00 PINK - LEAD AGENCY CLERK DFG 753 5a (Rev 1/08) *343853* lllllllllllllllllllllllllllllllllllll PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Dlego I am a citizen of the United States and a resident of the County aforesaid: I am over the 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 Proof of Publication of North County Times ^ Formerly known as the Blade-Cltlzen and The Times- Advocate and which newspapers have been adjudicated newspapers 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 Escondldo, Court Decree number 171349, 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-wlt: at the Council Chambeis, 1200 Cartsbad Village Drive at 6:00 p.TTi. on Wednesday, September 3,2008, to consider th^ the tollowing: for a five- year • lllUf • ret^piwrolmslOT^3p^li'^^^^S^flHTi2:52 to afow the conBifued use pf a 245-space vehicle, storage Tot located on the southwest comer dcSnnon Road and Avenida Encinas m AeF-M Zone, within fhe Mello II Segment of tfwTora Coastal Program and Local Facilities Management Zone 3. The project Is exempt ftom the Califomia Environmental Quality Act. August 22"^ 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 22"", day of August, 2008 Jane Allshouse NORTH COUNTY TIMES Legal Advertising AUG 2008 FILE_COF Citv of Carlsbad Planning Department 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, September 3, 2008, to consider a request for the following: CASE NAME: CUP 02-32x1 - Bob Baker Vehicle Storage Lot PUBLISH DATE: August 22, 2008 DESCRIPTION: Request for a five- year retroactive extension of Conditional Use Permit (CUP) 02-32 to allow the continued use of a 245-space vehicle storage lot located on the southwest corner of Cannon Road and Avenida Encinas in the P-M Zone, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. 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://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shannon Werneke in the Planning Department 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 FaradayAvenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you 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 City 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 DEPARTMENT 1635 Faraciay Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • vwvw.ci.carlsbad.ca.us wor TO SCALE SITEMAP Bob Baker Vehicle Storage Lot CUP 02-32x1 Developer Services CantnonwaiHh • Oilaway • Lawyara • SoulMand 3131 Camino del Rio North, Suite 1400 San Diego, California 92108 Phone: 619-686-2186 7/24/2008 From: IVlatthev\/ Thompson, Engineer Land America Developer Services 3131 Camino del Rio North #1400 San Diego, CA 92108 RE: 600' Radius Map, Ownership List & IVIaiiing Labels I, Matthew Thompson, hereby certify that the attached list contains the names and addresses of all persons to whom property is assessed as they appear on the latest available assessment roll of the County of San Diego within the area described and for a distance of six hundred (600) feet from the exterior boundaries of property legally described as: All that certain real property situated in the County of San Diego, State of California, described as follows: APN: 210-090-24 I certify (or declare under penalty of perjury under the laws of the State of Califomia) that the foregoing is true and correct. 7/24/2008 jigned: Matthew Thompson Dated 210-010-42 210-010^0 210-090^4 210-090-36 210-090-37 210-090-49 210-090^1 210-113-03 210-1)13-04 J LandAmerica 1 Inch equals 200 feet • 600' RADIUS • 100'RADIUS THIS MAP IS PROVIDED FOR INFORMATION ONLY; IT IS NOTA PLAT OR SURVEY OF THE LAND DEPICTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FORANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. NOTICE OF EXEMPTION To: County Clerk |F D IL [^^o® CITY OF CAtLS]^/ <^ County of San Diego Gregoiy J. Smith, Recorder/County Clerk Planning Deil!£t:^tment Mailstop A4 - „ ,,p,P,o 1635 FaradayJ^gyenu&tjp^ PO Box 121750 f^^^ A g Carlsbad CA "920^8 SanDiego CA 92112-175(|^Y_ '^'^ I._ (760)602-4600 ,7;^ Subject: Filing ofthis Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title; CUP 02-32/CDP 02-54 - BOB BAKER VEHICLE STORAGE LOT Project Location - Specific; Southwest comer of Cannon Road and Avenida Encinas Project Location - City; Carlsbad Project Location - Countv; San Diego Description of Project; 245 space vehicle storage lot on a vacant infill parcel. Name of Public Agency Approving Project; CityofCarlsbad Name of Person or Agency Carrying Out Project; Steve Maskiewicz Name of Applicant; Bob Baker Enterprises Applicant's Address; 591 Camino de la Reina. Ste. 1100. San Diego. CA 92108 AppUcant's Telephone Number; (619)297-1001 Exempt Status; (Check One) Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); I Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15332 I Statutory Exemptions - State code number: Re^Siins v*'hy project is exempt; Infill proiect under 5 acres Lead Agency Contact Person; Anne Hysong Telephone; (760) 602-4622 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? MICHAEL J. HOLZMffiLER, PMnning Director Date Signed by Lead Agency I I Signed by Applicant ' Revised December 2001 STATE OF CALIFORNIA - THE RESOURCES A' ^NCY DEPARTMENT OF FISH AND GAME ^ ENVIRONMENTAL FILING FEE CASH ReCclPflr' DFG 753.6a (6-01) Lead Agency: County / State Agency of Filing: 3>|\V^ \^^^{cpC> lfi '^^Ihlitita. ' Document jNo.: _II Project Title:C.AJV ^^WC^? ^^^-^'M -j^fc^Ba^lA^ieh 230930 Phon^^kiM :)^PT Project Applicant Address: Project Applicant Name: Project Applicant (check appropriate box): Local Public Agency | | School District p~]Other Speciai District | | State Agency Private Entity^^^ CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 $ ) Negative Declaration $1,250.00 $ ) Application Fee Water Diversion ("Sfafe Water Resources Control Board Only) $850.00 $ ) Projects Subject to Certified Regulatory Programs $850.00 $ ) County Administrative Fee $25.00 $ (vc?) Project that is exempt from fees I I TOTALI Signature and title of person receiving payment: V/ v.\ \ •V-H yV> cv^ i WHITE-PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGENCY G0LDENR0C)=STATE AGENCY OF FILING PROOF OF PUBLIC0^ION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the n'^c of eighteen years and not a party to or interester! in the above- entitled matter. 1 am the principal clerk of the printer of This space is ^|^he County Clerk's Filing Stamp Proof of Publication of North County Times Formerly known a=- the Rladc-Cit'.'cn and The Times-Advocate and which newspa'ci's have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and City of Escondido, Court Decree n';::iber 171349, for the County of San Diego, thai lue notice of which the annexed is a printed copy (set in type not smaller than nonpariel), lias been pn^ "ished in each regular and entire issue of said new y aper and not in any supplement ihereof on the loiiowing dates, to-wit: I certify (or declare) under pennl'y ( ''perjury that thc foregoing is true and correcl. Dated at SAN IMARCOS Califomia This (Q-^ Day of July, 2003 Signature NORTH COUNTY TIMFS Legal Advertising DESCRIPTION ^' ^ LicA^M^F^ - Facilitiy This project'is wHhlnttHi Clty d Cartsb^rs Coastal Zone Man^«S«to» 3 ^ IMlooal Facilities 2lf^'^^*"^'^'^'**^i APPLICANT: fob Baker Enterprises 591 Camino De La Reina, Ste. 1100 San Diego, CA 92108 on August 6,2003 at 6:00 p rn ' <^aUforma, 2. Coastal Commission Appealable Proiect- I ^ble'kMf '"^^'^^ Zone Ap- Ap^eillbll A?^a'.' "°' Coastal Zone Where the decision is appealable to thp rnact:.! n„„ NCT1524560 FILE COP City of Carlsbad ¥ Planning Departnnent NOTICE OF PUBUC HEARING COMPLETE DATE: March 12, 2003 DESCRIPTION: Request for a Conditional Use Permit and Coastal Development Permit to allow a 245 space vehicle storage lot located on the southwest corner of Cannon Road and Avenida Encinas in the P-M Zone and Local Facilities Management Zone 3. LOCATION: This project is within the City of Carlsbad's Coastal Zone located on the southwest corner of Cannon Road and Avenida Encinas in the P-M Zone and Local Facilities Management Zone 3. ASSESSOR'S PARCEL NUMBER: 210-090-24 APPLICANT: Bob Baker Enterprises 591 Camino De La Reina, Ste. 1100 San Diego, CA 92108 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on August 6, 2003 at 6:00 p.m. Persons 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. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after July 31, 2003. If you have any questions, or would like to be notified of the decision, please contact Anne Hysong at the City of Carlsbad Planning Department, 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, Cadsbad, California 92008, (760) 602-4622. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX <760) 602-8559 • www.ci.carlsbad.ca.us APPEALS If you challenge the Conditional Use Permit and Coastal Development Permit 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 prior to the public hearing. 1. 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. 2. Coastai Commission Appealable Project: I I This site is located within the Coastal Zone Appealable Area. 1X1 This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: CUP 02-32/CDP 02-54 CASE NAME: BOB BAKER VEHICLE STORAGE PUBLISH: JULY 24, 2003 SITE BOB BAKER VEHICLE STORAGE LOT CUP 02-32/CDP 02-54 I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER ESENTATIVE RECEIVED BY DATE: 7-/7-^:^ 09 & R-2S 39^7 D. S67"31'40"W 182.42 E. N15°53'40"E 533.08 210-09 SHT 1 OF 2 2/27/02 MAS I 1"=400' CHANGES BLK OLD NEW YR CUT // rt re 73 39S9 AtinV /8 78 r»-s-/9 7S 8/ 2339 Zo ait* •2 fata Zl BZ Z.Z B/L St 5790 30 43^44 &i ZZ 4Sf4lt «4 ^ 4T^ 1797 49 S7 /SBS ¥T <fl I89Z 46 32 So 51 » 23 isTir STOP 98 1438 CANC 52 02 5525 52 SAME k ACC RTS 02 4665 L_i 1 30854-2 1* PARS 21A ft 22A SBE MAP 804-37-8L 2* NO ACCESS 3* SEE DETAIL 'E' SAN DIEGO C01:HTY ASSESSOR'S MAP BK 210 PG 09 SHT I OF 2 THS MAP WAS PREPARED FOR ASSE8SMBIT PURPOSES 0»a.Y. NOUABUprtS ASSUMEDF0RTHEAlCCURACY0FT>CDATA8H0WN. ASSESSOR'S PARCB.8 MAY MOT COUPVf VWTH LOCAL SUBDMSKM OR BUUMNG ORDINANCE MAP 823 - RHO AGUA HEDIONDA - POR LOT H ROS 1806.7050,13036,16192 09 TMS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY NO LIABIITY IS ASSUMED FO? THE ACCURACY OF THE DATA SHOWN ASSESSOR S PARCELS MAY NOT COMPLY WITH LOCAL SUBOIVISON OR BUILDING ORDINANCES 210-09 SHT Z SEE PM III33 FOR BEAR. & DIST. I* PAR 2 PER PM II133 2» •• 3 <l tf 3» " 4 n H I* 4* " 5 f* t* ii 5* " 6 1' •1 tl 6* • 7 H -•r 7« •• 8 H *' 8* •* 10 ll t» ll 9* •' II d ll tf 10* 12 ll ll II* PAR rs PER PM III33 DETAIL "A" "= 200' SAN OIEGO COUNTY ASSESSORS MAP BOOK 210 PAGE 09 SHT. 2 MAP 823-RHO AGUA HEDIONDA-POR LOT H ROS 13036 ^4 CAR LSBAD STATE BEACH •SD-2B -| 5 ^ ' M (A.T. & S.F. RY) - I • — —^ PARS 19A ft 2QA SBE MAP 804-37-BL —— 6-f AC !ifCl«L#7216 TPM «gcnvoFCARLsa^D MS »-16 (CANNON CDJ W. i«30'12"W°\s7(R0S) /SEE )DETAIL"A" ^_jAyENipA^ 39) v-7. 137.95 AC "ENCINAS !4)2.e9AC Z::^^— CARLSBAD BLVD - ^ hill ~''I I * ' T -.1 9 Ji 1 "^"•'•isV'IP*^*' C?;^^ «c*«»«'S MAP BK 210 PG 01 $5 3.76 AC PACIFIC lllll OCEAN ESMT. ^ FOR PUBLIC RECREATIONAL PURPOSES VW^TB? 3? UAP 823 - RHO AGUA HEDIONDA 09 I OH « o o CM I o UJ o z < X u CUT '^ ^3 ?i 0- o «N C>-M 1737 {5 8 t«. CO o NEW 5s 1 Nl >> OLD In "1 CM BLK O s 1» 760-166-47 •ft* To © 3.27 AC 211-0 6 I" =200' s @ 2.93 AC •A PAR 1 ® V" 4.47AC ^* PAR I ® ^X «^ 2.93 AC PAR 2 PM5426 ft » 5-43 PASEO 247.2L 3 2 2A( 'Jo' 27/. |1 ® 3.13 AC PAR 2 10 s)Dew>LK ESMT—^ -10' SIDEWALK ESMT 11 0.88 SAN 0IE60 COUNTY ASSESSOR'S MAP BK 211 PO 06 THE MAP WAS^AREO FOR ASSESS^NT PIIPOSES OJ^Y IMtnTY IS s.73 AC. 10 0 MAP 7H92 - CARLSBAD TCT NO. 72-3 Wl 09 OJ a: QD wo . ill iii £L/J > ^5: SAH DIEGO 210-16 I ® 2/2/2000 AW C's 100* c HANGES 3LK OLD YR CUT 160 1 ft ST OP 00 4756 (/I ' ^ift r COUNTY ASSESSOR'S MAP BK 210 PG 16 MAP 6347-TERRAMAR UNIT NO. 7 MAP 2867 - TERRAMAR UNIT NO.3 THIS MAP WAS PREPARH) FOR ASSESSMENT PUIPOSES ONLT. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWR ASSESSOR'S PARCaS MAY NOT COMPLY WITH LOCAL SUBDIVISON OR BulDING ORDINANCES. ^9 is <t*of @'^^ @ ©^ ®'^^ @ 190 © 191 © 192 © 193 ©194 ©196 ^ 196 ®,97 © © ^ 199 ©" ^ 200 a 9 as 4? <£—J 29 S3C'Ja SO i TO 0 210 © 209 © 208 ©207 ©206 ® 205 ©204 ©203 x ©l?2 ( 20) [22 SJO* Iff J*"* J?; 123 CTT5) ZI4-LOT-A' f < ^2 128 5 *;'3<9 SiJ"^ "/STT OP^ 129 201 2y 130 Q. ;P —I <1 1 O -r- a CARLSBAD XI-SD-2B SAN DIEGO COUHTY ASSESSOR'S MAP BK 210 PG II ® BLVD OLD HWY IOI MAP 4064 - TERRAMAR UNIT NO.6 MAP 3371 - TERRAMAR UNIT NO.5 MAP 33)2 - TERRAMAR UNIT NO.4 City of Carlsbad Engineering Deveiopment Services May 6, 2008 To: Shannon Wemeke, Project Planner From: Stephen Bobbett, Project Engineer SUBJECT: CUP 02-32X1; Bob Baker Vehicle Storage Lot; APN 210-090-24 The Engineering Department has completed its review of the project. The Engineering Department is recommending that the project be approved, subject to the following conditions: Engineering Conditions 15. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices. 23. Developer shall comply with the City's Stormwater Regulations, most recent version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to control silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners, operators, and employees of the above regulations. 28. Developer shall, in accordance with the approved Stormwater Management Plan and Stormwater Maintenance Plan (SWMP) on file in the Engineering Department: A. Maintain storm drain inlet filters by removing the accumulation of silt and debris and replacing the hydrocarbon filter insert. H:\Development Services\PROJECTS\CUP FILES\CUP 02\CUP 02-32X1 Bob Baker Vehicle Storage Lot - Bobbett\Cond Approval\Conditions-of-Approval 050608.doc Page: 1 B. Stencil two onsite storm drain inlets and one offsite public curb inlet with a message warning citizens not to dump pollutants into the drains, to the satisfaction of the City Engineer. C. Re-construct approximately 600 linear feet of grassy swale to provide the 6" flow depth shown on City Drawings 414-2A sheet 2 of 3. Should you have any questions, please call me at extension 2747. Stephen Bobbett Cc: File Glen Van Peski, Senior Civil Engineer H:\Development Services\PROJECTS\CUP FILES\CUP 02\CUP 02-32X1 Bob Baker Vehicle Storage Lot - Bobbett\Cond Appro val\Conditions-of-Appro val 050608. doc Page: 2 CARLSBAD FIRE DEPARTMENT j^g^ ^ Fire Prevention Division Land Use Review Report PROJECTNAME: Date: Project nuinber: Staff Planner: Bob Baker Vehicle Storage Lot 05/06/08 CUP 02-32X1 S. Werneke Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire Department has reviewed this application and has no comment or conditions to submit. GR i I i The runoff coefficient for commercial land use reflects a composite value of landscaping and street runoff per County of San Diego Hydrology Manual County. Initial Time of concentration (in minutes) = Ti = 60x(n.9x(L'^3)/H)'^ 0.385 RainfaU Intensity = I = 7.44x(P6)x(Tc)0.645 P6 for 10 year storm =1.7 Exhibit "A" shows the existing hydrology. Exhibit "B" shows the proposed hydrology and on- site drainage system for the Vehicle Storage Lot. CONCLUSION: The runoff at each point of discharge for the existing hydrology is listed below: The accumulative discharge flow from the existing site is 3.7 cfs. The runoff at each point of discharge for the proposed hydrology is listed below: Node Discharge 30 1.6 cfs 50 1.6 cfs 70 0.5 cfs Total 3.7 cfs -s of ^ Node Discharge 60 2.6 cfs 80 0.1 cfs 100 0.1 cfs Total 2.8 cfs 2' The accumulative discharge flow from the proposed vehicle parking lot is 2.8cfs, which is less than the accumulative existing discharge flow of 3.7cfs. Pre-development drainage conditions will be maintained by controlling the flow from on-site (i.e. the vehicle parking lot acting as a detention basin) at the proposed catch basin (Node 250), The detention basin will have a Page 2 From: Cliris DeCerbo To: Anne Hysong Date: 8/1/03 9:47A!V1 Subject: Re: CUP 02-32 - Bob Baker Storage Lot Go aliead and revise tlie condition for the project. »> Anne Hysong 07/31/03 01:42Pi\/l »> Tliis project goes to PC hearing on August 6. Jacl< Henthorn is inquiring why we conditioned this project with the " limited grading to the summer season" coastal condition (corner of Avenida Encinas and Cannon Road). I am told that Mil<e Grim imposed a condition on Thompson Tabata allowing year-round grading based on low risk findings and provided that prior to commencement of grading operations, all erosion and sediment control protective devices designed to prohibit discharge of sediments offsite during and after the grading operation is compieted must be installed. This lot could be considered an area of low risk to sensitive coastal resources and is conditioned to sumbit a SWMP and SWPPP prior to grading permit. The PC packets have already gone out, but I will replace the grading restriction condition with this condition if you concur. If this is a condition we can now use, why isn't it in the Standard Conditions? The LCP revisions that Gary distributed to us says that extensions beyond Nov. 15 may be approved as part of the coastal permit, but we don't have a standard condition to use. Our condition still says extension through November 15. Please advise. From: Anne Hysong To: Jack Henthorn Date: 8/1/03 10:03AM Subject: Re: Condition 17 - Bob Baker I spoke with Jeremy Riddle about changing Condition 17 to "developer". He said he is ok with it. Chris DeCerbo also agreed to change the grading restriction condition to the one we used for Thompson Tabata. I will introduce these changes to PC through an errata at the hearing. See you this afternoon. Anne »> "Jack Henthorn" <jhenth@cts.com> 08/01/03 09:38AM »> The owner's (Winters) attorney (Ron Rouse) has requested that condition 17 language requiring the owner to be responsible for stormwater, etc. be modified to make the developer (Bob Baker Ent.) responsible. Baker is fine with the change. My guess is that 17 is an engineering condition, but I do not have the documents with me right now. If this is an engineering issue, could you please forward it for me. Thanks. Jack PS I had to cancel my meeting with Rideout and Karen is rescheduling. From: Anne Hysong To: Jeremy Riddle Date: 8/1/0310:00AM Subject: Re: Fwd: Condition 17 - Bob Baker OK, thanks. Anne »> Jeremy Riddle 08/01/03 09:59AM »> I do not have a problem with this modification. This is a special condition I place on my projects to allow the City leverage when there are water quality concerns/violations when and if they occur. It doesn't have it to say owner. Developer is OK. Thanks. »> Anne Hysong 08/01/03 09:56AM »> Jeremy, Let me know if Jack's request to change Condition 17 from owner is acceptable. We will have to change it through an errata. The only problem 1 can see is that the CUP goes with the land and if Bob Baker stops using the facility and some other dealership takes over or it isn't used, then owner is off the hook. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: (]^8-03 REVISED PLANS |^ TO: * ENGINEERING - DEVELOPMENT SERVICES - Jeremy Riddle POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - KARYN VAUDREUIL BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS) - HEIDI HEISTERMAN WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT * CALTRANS (send anything adjacent to 1-5) * Always Send Exhibits FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. CUP 02-32/CDP 02-54 NOTE: Please use this number on all correspondence. PROJECT TITLE: Bob Baker Vehicle Storaqe Lot APPLICANT: Bob Baker % Jack Henthorn PROPOSAL: Vehicle storaqe lot at southwestern corner of Cannon Road and Avenida Encinas Please review and submit written comments and/or conditions to Anne Hvsonq ^the Project Planner in the Planning Department at 1635 Faraday Avenue, by 05-19-03 . (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact Anne at 602-4622. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 02/03 City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM June 3, 2003 TO: Anee Hysong, Planning FROM: Jeremy Riddle, Engineering SUBJECT: PROJECT CONDITIONS, BOB BAKER VEHICLE STORAGE LOT, CUP 02-32/CDP 02-54 The Engineering Department has completed its review of the subject project. The Engineering Department is recommending that the project be approved, subject to the following conditions: ENGINEERING CONDITIONS General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. Owner shall be responsible to maintain all storm water quality devices to ensure their effectiveness at removing pollutants-of-concern from storm water prior to discharge to City right-of-way. Gradins 3. Prior to the issuance of a grading permit or building permit, whichever occurs fu-st, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. A copy of the NOI shall be included in the Storm Water Pollution Prevention Plan prepared for this project. 4. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to commencement of any work. 5. All grading activities shall be planned in units that can be completed by October 1*'. Grading activities shall be limited to the "dry season", April l" to October T' of each year. Grading activities may be extended to November 15* and beyond upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October T'. Dedications/Improvements Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "Califomia Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shaU be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit, Developer shall submit for City approval a "Storm Water Pollution Prevention Pian (SWPPP)". The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. Include all content as established by the California Regional Water Quality Control Board requirements; b. Include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; c. Recommend source control and treatment control Best Management Practices (BMP's) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shali be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)". The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Pian (SUSMP), Order2001-01 issued bythe San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and f. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. From: To: Date: Subject: 042903 Gregory Ryan Hysong, Anne 4/29/03 5:07PM CUP 02-32/CDP 02-54 : Bob Baker Vehicie Auto FIRE - has no new comments or conditions not previous presented. Have a safe day. Gregory L Ryan Deputy Fire Marshal Carlsbad Fire Department 1635 Faraday Av Carlsbad CA 92008 760.602.4663 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: 04-28-03 REVISED PLANS TO: * ENGINEERING - DEVELOPMENT SERVICES - Jeremy Riddle POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - KARYN VAUDREUIL BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS) - HEIDI HEISTERMAN WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT * CALTRANS (send anything adjacent to 1-5) * Always Send Exhibits FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. CUP 02-32/CDP 02-54 NOTE: Please use this number on all correspondence. PROJECT TITLE: Bob Baker Vehicle Storaqe Lot APPLICANT: Bob Baker % Jack Henthorn PROPOSAL: Vehicle storaqe lot at southwestern corner of Cannon Road and Avenida Encinas Please review and submit written comments and/or conditions to Anne Hvsonq the Project Planner in the Planning Department at 1635 Faraday Avenue, by 05-19-03 . (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact Anne at 602-4622. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 02/03 4--11-03: 2:1SPM;LAND MGMT. ;8586S4 1263 Sempra Energy" company April 11,2003 CityofCarlsbad 1636 Faraday Avenue Carlsbad, CA 920084 Subiect Propertv: APN 210-090-24 Site Plan - Bob Baker Vehicle Storage Lot CUP 02-32/CDP 02-54 Dear Sir/Madam: Please note, this is not a 'Permission to Grade' letter for the above-mentioned project, but rather a conceptual approval of the Site Plan for submitted to San Diego Gas & Electric (SDG&E) date stamped March 28, 2003. SDG&E has reviewed and commented on the grading and unprovements to be constructed within the 5' Gas Transmission easement area crossing said property. We will continue to review the developing plan for compliance with our design requirements within the easement area and when our requirements are satisfied, SDG&E will issue a 'Permission to Grade' for this project. Should you have any questions, please call me at the numbers listed below. Sincerely, Michael J. Williams Land Management Representative Phone (858) 654-1201 Fax (858) 654-0286 cc: Rod Bradley, BHA, Inc. Jerry Pinney, SDG&E Gas Engineering City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM February 20, 2003 TO: Anne Hysong, Project Planner FROM: Jeremy Riddle, Project Engineer SUBJECT: SECOND REVIEW OF BOB BAKER STORAGE LOT, CUP 02-32/CDP 02-54 The Engineering Department has completed a review of the above subject. We have reviewed the application for completeness and have determined that the application and plans submitted for the project complete. However, staff has conducted a review of the project to verify that engineering issues of concern have been addressed from our 1®^ review. From our 2"^ review, we found the following items that were not addressed: Engineering Issues of Concern 1. Revise the detail of property boundary on sheet 1 of the exhibits. Please clarify the property boundary and the lease lines. Is will also help to identify that CUP 99-03 covers the other lease area located within the same property boundary. P 2. Provide a letter from the SDG&E stating they do not object to this project. There is an existing 12-inch gas main traversing the westerly edge of the project, and the project proposed a site wall and paving over a portion of it. A redlined check print is enclosed for the applicants use in making the requested revisions. This check print must be returned with the plan revisions to facilitate continued staff review. If you have any questions, please either see or call me at 602-2737. Attachment c: File CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: Februarv 20, 2003 REVISED PLANS //7^V TJO: * ENGINEERING - DEVELOPMENT SERVICES \^ / * POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - KARYN VAUDREUIL BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS) - HEIDI HEISTERMAN WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT * CALTRANS (send anything adjacent to 1-5) * Always Send Exhibits Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. CUP 02-32 NOTE: Please use this number on all correspondence. PROJECTTITLE: BOB BAKER VEHICLE STORAGE LOT APPLICANT: BOB BAKER ENTERPRISES PROPOSAL: Vehicle Storaqe Lot in the P-M Zone Please review and submit written comments and/or conditions to Anne Hvsonq. the Project Planner in the Planning Department by March 2, 2003. (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact Anne at 602-4622. The request for conditions will follow at the appropriate time. THANK YOU ^ * \ \ /r, ^ ^ COMMENTS- •..J-A.Ae^. /(y^o ^X>vJU 7\^v_X n Xo clean up a mapping errorto clean up a mapping error PLANS ATTACHED ^ / -^o /o 3 FRM0020 04/02 City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM December 23, 2002 TO: Anne Hysong, Project Planner FROM: Jeremy Riddle, Project Engineer SUBJECT: FIRST REVIEW OF BOB BAKER STORAGE LOT, CUP 02-32/CDP 02-54 The Engineering Department has completed a review of the above subject. We have reviewed the application for completeness and have determined that the application and plans submitted for the project are incomplete and unsuitable for continued review due to the following incomplete items: Incornplete Items 1. Revise the site plans to include the complete property boundary. The existing legal description currently includes this site and the hotel site across Avenida Encinas (Inns of America). The property limits reflected on the title report and the site plan appear to be the result of an illegal subdivision. Subdividing land must meet provisions of the California Subdivision Map Act. In order split one lot into two legal lots requires preparing, processing and receiving approval of a minor subdivision. Recording lease agreements does not subdivide land. If this issue is not resolved, it may result in the City recording a notice of violation against the property. 2. Provide a letter from the SDGSiE stating they do not object to this project. There is an existing 12-inch gas main traversing the westerly edge of the project, and the project proposed a site wall and paving over a portion of it. 3. Provide a letter from Pacific Bell stating they do not object to this project, since it proposes work within their easement 4. Callout short legal descriptions of all adjacent properties, not just Assessors Parcel numbers (typical). 5. Provide a soils report that addresses the soils conditions and recommendations related to the project. 6. Provide a vehicle trip evaluation for the project. The evaluation shall estimate the average daily trips anticipated for this project. Add the trip generation to the site plan. 7. Provide a legend for the site plan. Clarify the material under the parking stalls (gravel, asphalt, etc.) Calavera Hills RV Storage Lot October 31, 2002 Page 2 of 2 Additionally, staff has conducted a review of the project for engineering issues of concern. Engineering issues, which must be resolved or adequately addressed prior to staff making a determination on the proposed project, are as follows: Engineering Issues of Copcern 1. On the site plan, add the application numbers to the upper right hand corner as shown. 2. Revise the plan to that area of the parking lot is hatched off as "no-parking" as shown on the returned plans. This is to ensure that city staff has access to the manhole to the existing sewer trunk main. 3. Revise the Storm Water Management Plan to identify if flow-based or volume- based criteria is being use for treatment control. Verify if the inlet filter product specifications are adequate to treat the surface area of the project. 4. On the site plan, indicate how a truck (per Caltrans 407-E) with a 42-foot turning radius will circulate throughout the site. Show the inside and outside tire tracks at each critical turn. Demonstrate that a 30-foot long vehicle can adequately turn around onsite before exiting onto Avenida Encinas. 5. Revise the site plan to depict the line-of-sight exiting the driveway looking northbound on Avenida Encinas. Ensure Caltrans (corner) sight distance standards are met. Refer to the redlines for clarification on this issue. 6. Since parking is proposed over the 42-inch sewer, an encroachment permit will be conditioned as part of this project for private improvements located within a public easement, if access can still be secured to the existing sewer accesshole as noted above. 7. A grading permit is required as part of this project and will be conditioned to obtain one. 8. Address all redlines as noted on the returned plans. A redlined check print is enclosed for the applicants use in making the requested revisions. This check print must be returned with the plan revisions to facilitate continued staff review. If you have any questions, please either see or call me at 602-2737. Attachment c: File Ac.vo. FILE COPY N^CARLSBAD Connmunity & Economic Development www.carlsbadca.gov NOTICE OF CONDITIONAL USE PERMIT EXTENSION June 4, 2013 Bob Baker Enterprises, LLC Attn: LorlTlbbItt 591 Camino De La Reina, Ste. 1100 San Dlego, CA 92108 SUBJECT: CUP 02-32x1 - BOB BAKER VEHICLE STORAGE LOT; RESOLUTION NO. 6457 This notice Is to Inform you that CUP 02-32X1 - Bob Baker Vehicle Storage Lot located at the southwest corner of Cannon Road and Avenida Encinas (APN 210-090-24) and originally conditioned to expire on August 5, 2013 is hereby extended without an expiration date by the City Planner pursuant to Section 21.42.110(D) ofthe Carlsbad Municipal Code. While your Conditional Use Permit (CUP) no longer has an expiration date, the CUP will continue to be reviewed by the Planning Division on an annual basis to ensure continued compilance with the terms and conditions of the permit. If at any time the division determines that the use may be out of compliance with the terms and conditions of the CUP, it retains the right to review this action and recommend that the approval be reconsidered. Should you have any questions, please contact Shannon Werneke at (760) 602-4621. Sincerely, DON NEU, AlCP City Planner DN:SW:bd c: Cannon Road LLC, Attn: Ray Winter, 1909 Meadow Road, Walnut Creek, CA 94595-2633 Chris DeCerbo, Principal Planner File Copy Senior Office Specialist Data Entry/DMS Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP & CUP ANNUAL REVIEW SHEET FILE copy INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE SENIOR PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Bob Baker Vehicle Storage Lot CASE NUMBER(S): CUP 02-32x1 APPROVING RESO NO(S). Extended without an expiration. Tune 4, 2013 (original PC Reso. No. 6457) PLANNER COMPLETING REVIEW: Shannon Werneke PROJECT HISTORY Does project have a code complaint history? Q Yes X No If yes, check those that apply and explain below. 1 1 Code Enforcement 0 Police 1 1 Fire Prevention Comments (include corrective actions taken and date compliance obtained): n/a Q:\CED\PLANNlNG\ADMIN\TEMPi_ATES\MCUPANNUALREVIEWSHEET 02/1 1 REVIEW INFORMATION Has the permit expired? Tune 4, 2013 • Yes No Permit expires: n/a- Extended w/o expiration, Date of review: September 18, 2013 Name: Bob Baker Enterprises, LLC Applicant Q Owner Q Other If other, state title: n/a •CURRENT APPLICANT INFORMATION: Name: Bob Baker Enterprises, LLC Contact name (if different): Lori Tibbitt Phone: (619) 297-1001 Address: 591 Camino de la Reina, Ste. 1100, San Diego, CA 92108 Mailing (if different): n/a E-mail: ltibbett@bobbaker.com (optional) ^CURRENT OWNER INFORMATION: Name: Cannon Road LLC c/o Ray Winter Contact name (if different): Ray Winter Phone: (925) 784-6162 (cell) Address: 1909 Meadow Road, Walnut Creek, CA 94595-2633 Mailing (if different): n/a E-mail: rwinterix@earthlink.net (optional) Does project comply with conditions of resolution(s) and approved plans? ^ Yes Q No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. n/a Corrective action(s) to be taken: n/a Date planner completed follow-up review and coiifirmed project compliance: Plknner Signature Senior Planner Signature *Appucant and owner information must be updated for annual review to be complete. Q;\CED\PU\NNING\ADIV11N\TEMPLATES\MCUPANNUALREVIEWSHEET 03/1 3 «V?:r//''^ - ^ aFILE V (CARLSBAD Community & Economic Development www.carlsbadca.gov SECOND NOTICE OF PENDING PERMIT EXPIRATION May 1,2013 Bob Baker Enterprises, LLC Attn: Lori Tibbitt 591 Camlno De La Reina, Suite 1100 San Diego, CA 92108 SUBJECT: SECOND NOTICE OF PENDING PERIVIIT EXPIRATION: CUP 02-32X1 - BOB BAKER VEHICLE STORAGE LOT; RESOLUTION NO. 6457 Our records indicate a letter was sent to you on April 3, 2013, advising you that your Conditional Use Permit (CUP) No. 02-32x1 will expire on August 5, 2013, unless an extension request is filed and approved. To date, we have either not received a response or an application to extend your Conditional Use Permit. We are enclosing a copy of the letter previously sent to you. If we do not receive an application by August 5, 2013, your permit will expire. Once your permit expires, you will be required to submit an application for a new Conditional Use Permit or discontinue operating the use for which the permit was issued. Please be advised that in the event your permit expires and you subsequently apply for a new permit, the application would again be subject to the full discretionary review process of the designated decision-making authority (Planning Commission or City Council). This means the application may be approved, approved with conditions, or denied based on the review process and findings of the decision- making authority. If you need any assistance, please contact our Planning front counter at (760) 602-4610. Sincerely, SABRINA MICHELSON Senior Office Specialist c: Cannon Road, LLC, Attn: Ray Winter, 1909 Meadow Road, Walnut Creek, CA 94595- 2633 Shannon Werneke, Associate Planner File Copy Senior Office Specialist Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® V (CARLSBAD Planning Division www.carisbadca.gov NOTICE OF PENDING PERMIT EXPIRATION Aprils, 2013 Bob Baker Enterprises, LLC Attn: Lori Tibbitt 591 Camino De La Reina, Suite 1100 San Diego, CA 92108 SUBJECT: CUP 02-32x1 - BOB BAKER VEHICLE STORAGE LOT; RESOLUTION NO. 6457 This is a courtesy notice to Inform you that the Conditional Use Permit (CUP) for CUP 02-32x1 - Bob Baker Vehicle Storage Lot, located at on the West side of Avenida Encinas between Cannon Road and Palomar Airport Road, will expire on August 5, 2013. Should you, the property owner, wish to extend this permit, you wiil need to submit a complete application (applications and forms may be obtained at http://www.carlsbadca.gov/services/departments/planning/Pages/applications.aspx or our front counter) consisting of the following: •/ Written request for an extension; ^ Completed Disclosure Statement; •/ Land Use Review Application; •/ Development Permits form; A check In the amount of totaling all application fees; and One complete set of plans (may be copies of those already approved). Once we receive and review your appiication, we may request more information to complete the application. Please submit the required documents and fees to: City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Your request for an extension must be submitted before the permit expiration date of August 5, 2013; otherwise the permit will be considered Invalid and to continue operating, you will be required to submit an application for a new permit, along with a check for all fees associated with initiating a new permit. Please be advised that in the event your permit expires and you subsequently apply for a new permit, the application would again be subject to the full discretionary review process of the designated decision- making authority (Planning Commission and/or City Council). This means the application may be approved, approved with conditions, or denied based on the review process and findings of the decision- making authority. If you need any assistance, please contact Shannon Werneke at (760) 602-4621. Sincerely, J)/^ ^LQjjdacm SABRINA IVflCHELSON Senior Office Specialist c: Cannon Road, LLC, Attn: Ray Winter, 1909 Meadow Road, Walnut Creek, CA 94595-2633 File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © 4%c..o. • ^ aFILE V (CARLSBAD Planning Division www.cadsbadca.gov NOTICE OF PENDING PERMIT EXPIRATION April 3, 2013 Bob Baker Enterprises, LLC Attn: Lori Tibbitt 591 Camlno De La Reina, Suite 1100 San Diego, CA 92108 SUBJECT: CUP 02-32x1 - BOB BAKER VEHICLE STORAGE LOT; RESOLUTION NO. 6457 This is a courtesy notice to Inform you that the Conditional Use Permit (CUP) for CUP 02-32x1 - Bob Baker Vehicle Storage Lot, located at on the West side of Avenida Encinas between Cannon Road and Palomar Airport Road, will expire on August 5, 2013. Should you, the property owner, wish to extend this permit, you will need to submit a complete application (applications and forms may be obtained at http://www.carisbadca.gov/services/departments/planning/Pages/applications.aspx or our front counter) consisting of the following: ^ Written request for an extension; ^ Completed Disclosure Statement; ^ Land Use Review Application; •/ Development Permits form; ^ A check in the amount of totaling all application fees; and ^ One complete set of plans (may be copies of those already approved). Once we receive and review your application, we may request more information to complete the application. Please submit the required documents and fees to: City of Carisbad Planning Division 1635 Faraday Avenue Carisbad, CA 92008 Your request for an extension must be submitted before the permit expiration date of August 5, 2013; othenwise the permit wlll be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check for all fees associated with initiating a new permit. Please be advised that in the event your permit expires and you subsequently apply for a new permit, the application would again be subject to the full discretionary review process of the deslgnateci decision- making authority (Planning Commission and/or City Council). This means the application may be approved, approved with conditions, or denied based on the review process and findings of the decision- making authority. If you need any assistance, please contact Shannon Werneke at (760) 602-4621. Sincerely, ^ ^Ltl^jd&ert^ SABRINA MICHELSON Senior Office Specialist c: Cannon Road, LLC, Attn: Ray Winter, 1909 Meadow Road, Walnut Creek, CA 94595-2633 File Copy Senior Office Specialist 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © MCUP & q|JP ANNUAL REVIl^ SHEET .5 QQ. 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Bob Baker Vehicle Storage Lot CASE NUMBER(S): CUP 02-32x1 APPROVING RESO NO(S). 6457 PLANNER COMPLETING REVIEW: Shannon Werneke PROJECT HISTORY Does project have a code complaint history? Q Yes If yes, check those that apply and explain below. I I Code Enforcement Q Police Comments (include corrective actions taken and date compliance obtained): n/a ^ No I I Fire Prevention Q:\CED\PU\NNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 EVIEW INFORMATION Has the permit expired? n Yes ^ No Permit expires: August 5, 2013 Date of review: August 6,2012 Name: Bob Baker Enterprises, LLC ^ Applicant O Owner Q Other If other, state titie: n/a *CURRENT APPLICANT INFORMATION: Name: Bob Baker Enterprises, LLC Phone: (619) 297-1001 Contact name (if different): Lori Tibbitt Address: 591 Camino de la Reina, Ste. 1100, San Diego, CA 92108 Mailing (if different): n/a E-mail: ltibbett@aol.com (optional) *CURRENT OWNER INFORMATION: Name: Cannon Road LLC c/o Rav Winter Phone: (925) 784-6162 (cell) Contact name (if different): Ray Winter Address: 1909 Meadow Road, Walnut Creek, CA 94595-2633 Mailing (if different): n/a E-mail: rwinterix@earthlink.net (optional) Does project comply with conditions of resolution(s) and approved plans? ^ Yes n No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. n/a *Informed property manager, Lori Tibbett, about expiration date next year (8/5/13) Corrective action(s) to be taken: n/a Date plapner completed follow-up review and confirmed project compliance: J^ignature Principal Planner Signature ^Applicant and owner information must be updated for annual review to be complete. Q:\CED\PLANNING\ADMiN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 MCUP & %}P ANNUAL REVI^H^ SHEET INSTRUCTIONS fitn)OPY 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Bob Baker Vehicle Storage Lot CASE NUMBER(S): CUP 02-32x1 APPROVING RESO NO(S). 6457 PLANNER COMPLETING REVIEW: Shannon Werneke PROJECT HISTORY Does project have a code complaint history? Q Yes If yes, check those that apply and explain below. I I Code Enforcement Q Police Coniments (include corrective actions taken and date compliance obtained): n/a m No I I Fire Prevention Q:\CED\PU^NNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 EVIEW INFORMATION Has the permit expired? Q Yes ^ No Permit expires: August 5,2013 Date of review: August 12,2011 Name: Bob Baker Enterprises, LLC ^ Applicant Owner Q Other If other, state titie: n/a •CURRENT APPLICANT INFORMATION: Name: Bob Baker Enterprises, LLC Phone: (619) 297-1001 Contact name (if different): Lori Tibbitt Address: 591 Camino de la Reina, Ste. 1100, San Diego, CA 92108 Mailing (if different): n/a E-mail: ltibbett@aol.com (optional) •CURRENT OWNER INFORMATION: Name: Cannon Road LLC c/o Rav Winter Phone: (925) 784-6162 (cell) Contact name (if different): Ray Winter Address: 1909 Meadow Road, Walnut Creek, CA 94595-2633 Mailing (if different): n/a E-mail: rwinterix@earthlink.net (optional) Does project comply with conditions of resolution(s) and approved plans? ^ Yes n No If no, list below the condition(s) and/or plan aspects the project is not in compliance with per resolution number or exhibit. n/a Corrective action(s) to be taken: n/a Date planner completed follow-up review and confirmed project an jroject compliance: ^^)her Signature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q:\CED\PLANNING\ADMIN\TEMPLATES\MCUPANNUALREV1EWSHEET 02/1 1 MCUP & ANNUAL REVIE\^SHEET ^ ' C (f^ INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Bob Baker Vehicle Storage Lot CASE NUMBER(S): CUP 02-32x1 (APN 210-090-24) APPROVING RESO NO(S). 6457 PLANNER COMPLETING REVIEW: Shannon Werneke PROJECT HISTORY Does project have a code complaint history? ^ Yes If yes, check those that apply and explain below. ^ Code Enforcement Q Police Comments (include corrective actions taken and date compliance obtained): CV 99-0291, Banners, illegal shed, no license, closed, 3/20/2000 CV 00-0143, Cannon Rd ROW encroachment, closed, 5/11/2000 CV 01-0257, Waste and debris on vacant land, closed 7/23/2001 • No I I Fire Prevention Q:\CED\PLANNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 VIEW INFORMATION Has the permit expired? Q Yes ^ No Permit expires: August 5, 2013 Date of review: April 8, 2011 Name: Bob Baker Enterprises, LLC ^ Applicant Q Owner Q Other If other, state titie: n/a •CURRENT APPLICANT INFORMATION: Name: Bob Baker Enterprises, LLC Phone: (619) 297-1001 Contact name (if different): Lori Tibbitt Address: 591 Camino de la Reina, Ste. 1100, San Diego, CA 92108 Mailing (if different): n/a E-mail: ltibbett@aoI.com (optional) •CURRENT OWNER INFORMATION: Name: Cannon Road LLC c/o Ray Winter Phone: (925) 784-6162 (cell) Contact name (if different): Ray Winter Address: 1909 Meadow Road, Walnut Creek, CA 94595-2633 Mailing (if different): n/a E-mail: rwinterix@earthlink.net (optional) Does project comply with conditions of resolution(s) and approved plans? ^ Yes n No If no, list below the condition(s) and/or plan aspects the project is not in compliance with per resolution number or exhibit. n/a Corrective action(s) to be taken: n/a Date planner completed follow-up review and confirmed project compliance: Pl^nper Signature Principal Plarmer Signature * Applicant and owner irtformation must be updated for annual review to be complete. Q:\CED\PLANNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 MCUP & ANNUAL REVIE^ SHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Bob Baker Teep Vehicle Storage Lot CASE NUMBER(S): CUP 02-32x1 APPROVING RESO NO(S). 6457 PLANNER COMPLETING REVIEW: Shannon Werneke PROJECT HISTORY Does project have a code complaint history? Q Yes If yes, check those that apply and explain below. I I Code Enforcement Q Police Comments (include corrective actions taken and date compliance obtained): CLICK HERE M No I I Fire Prevention H/ADMIN/TEMPI_ATE/MCUPANNUALREVIEWSHEET 03/09 VIEW INFORMATION Has the permit expired? Q Yes No Permit expires: August 5,2013. Date of review: September 2, 2009 Name: Bob Baker Enterprises LLC ^ Applicant Q Owner Q Other If other, state titie: •CURRENT APPLICANT INFORMATION: Name: Bob Baker Enterprises LLC Phone: (619) 297-1001 Contact name (if different): Lori Tibbett Address: 591 Camino de la Reina, Ste. 1100, San Diego, CA 92108 Mailing (if different): E-mail: ltibbett@aol.com (optional) •CURRENT OWNER INFORMATION: Name: Cannon Road LLC Phone: (925) 784-6162 (cell) Contact name (if different): Ray Winter Address: 1909 Meadow Road, Walnut Creek, CA 94595-2633 Mailing (if different): E-mail: rwinterix@earthlink.net (optional) Does project comply with conditions of resolution(s) and approved plans? I I Yes 1^ No If no, list below the condition(s)and/or plan aspects the project is not in compliance with per resolution number or exhibit. Condition No. 5, PC Resolution No. 6457: 9/3/09- Steve Bobbett, Engineering still working with CA's office and applicant to record a stormwater maintenance agr^ J iient. Corrective action(s) to be taken: Per email from Steve Bobbett, 9/3/09, agreement is being finalized and should be forwarded to applicant in near future for recordation. Date planner completed follow-up review and confirmed project compliance: PlanneE_Signature Principal Planner Signature *Applicant and owner information must be updated for armual review to be complete. H/ADMIN/TEMPI_ATE 03/09 FILE COPY Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION September 4, 2008 Bob Baker Enterprises Inc. Lori Tibbett 591 Camino de la Reina 31100 San Diego, CA 92108 SUBJECT: CUP 02-32x1 - BOB BAKER VEHICLE STORAGE LOT At the Planning Commission meeting of September 3, 2008, your application was considered. The Commission voted 6-0-1 to APPROVE your request. The decision of the Planning Commission will become fmal on September 13, 2008. The time within which judicial review of this decision must be sought is govemed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes fmal; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attomey of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, DON NEU Planning Director DN:SW:lt cc: Data Entry File Enclosed: Planning Commission Resolution No. 6457 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us • • FIE copy Citv of Carlsbad anning Department August 12, 2008 Lori Tibbett Bob Baker Enterprises, Inc. 591 Camino de la Reina, Suite 1100 San Diego, CA 92108 SUBJECT: CUP 02-32x1 - BOB BAKER VEHICLE STORAGE LOT The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, August 20, 2008, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on August 25, 2008. A twenty (20) minute appointment has been set aside for you at 9:30 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefmgs. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Wemeke at (760) 602-4621. Sincerely, DON NEU Planning Director DN:SW:sm c: Ray Winter, Cannon Road, LLC, PO Box 466, Walnut Creek, CA 94597 File Copy Steve Bobbett, Project Engineer Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FILE COPY Citv of Carlsbad Planning Department July 21, 2008 Ms. Lori Tibbett Bob Baker Enterprises, Inc. 591 Camino de la Reina, Ste. 1100 San Diego, CA 92108 SUBJECT: CUP 02-32x1 - BOB BAKER VEHICLE STORAGE LOT Your application has been tentatively scheduled for a hearing by the Planning Commission on September 3, 2008. However, for this to occur, you must submit the additional items listed below. If the required items are not received by August 4, 2008, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of ail property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. C) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 100 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CUP 02-32x1 - BOB BAKElWEHICLE STORAGE LOT July 21, 2008 Paqe 2 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carisbad) and credit cards are accepted. Sincerely, SHANNON WERNEKE Associate Planner SW:lt c: Ray Winter, Cannon Road, LLC, P.O. Box 466, Walnut Creek, CA 94597 File Data Entry I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: # # FILE COPY Citv of Carlsbad Planning Department May 19, 2008 Ms. Lori Tibbett Bob Baker Enterprises, Inc. 591 Camino de la Reina, Ste. 1100 San Diego, CA 92108 SUBJECT: CUP 02-32X1 - BOB BAKER VEHICLE STORAGE LOT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined the following: Jhe project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15301 (Existing Facilities). No environmental review is required for the project. Please be advised that the City is required to file a Notice of Exemption form with the County Clerk's Office. The County requires a $50 filing fee, which the City collects from the applicant. Two weeks prior to the Planning Commission hearing , please submit a check for $50 payable to San Diego County Clerk to Shannon Werneke, project planner. For additional information related to this CEQA applicability/process determination, please contact the project planner. Shannon Werneke, at 760-602-4621 or swern(gci.carisbad.ca.us. DON NEU Planning Director DN:SW:sm c: Ray Winter, Cannon Road, LLC, P.O. Box 466, Walnut Creek, CA 94597 Chris DeCerbo, Team Leader File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us • FILE COPY Citv of Carlsbad Planning Department May 14, 2008 Ms. Lori Tibbett Bob Baker Enterprises, Inc. 591 Camino de la Reina, Ste. 1100 San Diego, CA 92108 SUBJECT: I"** REVIEW FOR CUP 02-32x1 - BOB BAKER VEHICLE STORAGE LOT Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Conditional Use Permit Time Extension, application no. CUP 02-32x1, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your applicatk^n- may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as ofthe date ofthis communication. Please contact your staff planner. Shannon Werneke, at (760) 602-4621 or swern(@ci.carisbad.ca.us, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Planning Director DN:SW:sm c: Ray Winter, Cannon Road, LLC, P.O. Box 466, Walnut Creek, CA 94597 Chris DeCerbo, Team Leader Steve Bobbett, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CUP 02-32x1, Bob Baker WWcle Storage Lot May 14, 2008 Paqe 2 ISSUES OF CONCERN Planning: 1. Pursuant to Condition No. 11 of Planning Commission Resolution No. 5445 (CUP 02- 32), all landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Based on a site inspection of the property, there are several areas of landscaping that need refurbishment. Specifically, the areas are as follows: a. Eastern-facing slope (two areas adjacent to Avenida Encinas); b. Northwest corner of site (adjacent to intersection of Avenida Encinas and Cannon Road); and c. Northern-facing slope (adjacent to Cannon Road). Since the landscaping is required to be maintained in a flourishing manner at all times, the project site is currently not in compliance with the Conditional Use Permit conditions. As such, staff is unable to take the request for a Conditional Use Permit (CUP) Extension forward to the Planning Commission until this issue is resolved. The current Conditional Use Permit is set to expire on August 5, 2008. Ideally, staff- would like the Planning Commission to consider the CUP Extension prior to or within a few months of the expiration date. Therefore, staff recommends that the landscaping be refurbished with material consistent with the approved site/landscape plan as soon as possible. Please contact staff for an inspection when the refurbishment has been completed. Engineering: 1. Developer shall, in accordance with the approved Stormwater Management Plan and Stormwater Maintenance Plan (SWMP) on file in the Engineering Department: a. Maintain storm drain inlet filters by removing the accumulation of silt and debris and replacing the hydrocarbon filter insert; b. Stencil two onsite storm drain inlets and one offsite public curb inlet with a message warning citizens not to dump pollutants into the drains, to the satisfaction ofthe City Engineer; and c. Re-construct approximately 600 linear feet of grassy swale (along northern and eastern extent of storage lot) to provide the 6" flow depth shown on City Drawings 414-2A sheet 2 of 3, grading and erosion control plans for the Bob Baker Vehicle Storage Lot, approved May 18, 2004. Planning note: Please address the above-noted Engineering issues concurrently with the comment from the Planning Department. The project will not be scheduled for consideration by the Planning Commission until the issues have been adequately addressed. A failure to address the above-noted comments shall result in the revocation of the Conditional Use Permit. Therefore, staff encourages you to address these issues in a timely manner. Please contact the project planner to discuss the schedule of improvements so that the project can proceed in a timely manner. Citv of Carlsbad Planning Department NOTICE OF EXPIRATION April 1, 2008 Cannon Road, LLC 1745 Rocky Road Fullerton, CA 92831 SUBJECT: OWfc«S>i^ - BOB BAKER VEHICLE STORAGE LOT This is a courtesy notice. In a recent audit of our records, we found that CUP 02-032 - BOB BAKER VEHICLE STORAGE LOT, located west of Avenida Encinas between Cannon and Park, will expire on August 5, 2008. Should you, the property owner, require an extension of this permit, please send the following: y Written request for an extension; y Completed'Disclosure Statement (enclosed); ^ Land Use Application (enclosed); y A check in the amount of $820; y Noticing Fee in the amount of $290; y Additional information will be requested by the planner. Send the required documents: Sabrina Michelson City of Carlsbad Planning Department 1635 Faraday Avenue Carisbad CA 92008 Your request for an extension must be received before May 1, 2008, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $4,060. Should you have any questions, please contact the Planning Department at (760) 602-4610. Sincerely, SABRINA MICHELSON Senior Office Specialist c: Bob Baker Enterprises, 591 Camino de La Reina, Suite 1100, San Diego, CA 92108 File Copy Senior Office Specialist 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PROJECT REVIEW On August 7, 2007, CUP 02-32 - Bob Baker Vehicle Storage Lot was reviewed for compliance with the conditions contained therein. 1. The project is in compliance with all conditions of approval. A CTIONS/COMMENTS Signed: c: File Copy Data Entry PROJECT REVIEW On August 3, 2006, CUP 02-32 - Bob Baker Vehicle Storage Lot was reviewed for compliance with the conditions contained therein. 1. The project is in compliance with all conditions of approval. A CTIONS/COMMENTS: Signed: ^^JL^OA^ c: File Copy Data Entry PROJECT REVIEW On August 2, 2005, CUP 02-32 - Bob Baker Vehicle Storage Lot was reviewed for compliance with the conditions contained therein. 1. The project is in compliance with all conditions of approval. A CTIONS/COMMENTS: Signed: "^j^^^^^t^J^^^^ c: File Copy Data Entry PROJECT REVIEW On August 4, 2004, CUP 02-32 - Bob Baker Vehicle Storage Lot was reviewed for compliance with the conditions contained therein. 1. The project is in compliance with all conditions of approval. A CTIONS/COMMENTS: Ij^A^lAy GAh^^^A^j^f^ Signed: c: File Copy Data Entry Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION August 12, 2003 Bob Baker Enterprises 591 Camino de la Reina, Ste. 1100 SanDiego, CA92108 SUBJECT: CUP 02-32/CDP 02-54 - BOB BAKER VEHICLE STORAGE LOT At the Plarming Commission meeting of August 6, 2003, your application was considered. The Commission voted 4-1 (Commissioners Baker and Dominguez Absent/Commissioner Whitton opposed) to APPROVED AS AMENDED your request. The decision of the Planning Commission became fmal on August 6, 2003. The time within which judicial review of this decision must be sought is govemed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attomey of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Plarming Department at (760) 602-4600. Sincerely, MICHAEL J. HOL5 Planning Director ILLER MJH:AH:mh Enclosed: Planning Commission Resolutions No. 5445, 5446 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department July 15, 2003 Bob Baker Enterprises Ste 1100 591 Camino de la Reina San Diego, CA 92108 SUBJECT: CUP 02-32/CDP 02-54 - BOB BAKER VEHICLE STORAGE The preliminary staff report for the above referenced project will be mailed to you on Friday, July 18, 2003. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 28, 2003. A twenty (20) minute appointment has been set aside for you at 10:00 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhiblt(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your 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, your proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Anne Hysong at (760) 602-4622. Sincerely, DON NEU Assistant Planning Director DN:AH:bd c: Cannon Road LLC, 1745 Rocky Road, Fullerton CA 92831 File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ')VMJkd ijijc3 Citv of Carlsbad Planning Department June 30, 2003 Bob Baker Enterprises 591 Camino de la Reina, Suite 1100 San Diego, CA 92108 SUBJECT: CUP 02-32/CDP 02-54 - BOB BAKER VEHICLE STORAGE LOT Your application has been tentatively scheduled for a hearing by the Planning Commission on August 6, 2003. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 17, 2003, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plans, iandscape plans, building elevation plan, and lighting plan) on 24" x 36" sheets of paper, stapled in compiete sets folded into 8/2'xll" size. NOTE: The Landscape Plan must include a detail or elevation of the proposed solid wall with pilasters and contrasting cap and include a color that blends with surrounding development. B) One 8V2" xll" copy of your reduced site plan, building elevation, and landscape plan. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PROJECT NO. Date Paqe 2 & NAME C) Mailing Labels - two (2) separate sets of mailing labels of the property owners list within a 600-foot radius and occupant list within a 100-foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt. Courier 14 pt. Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carisbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carisbad, CA 92008 MRS JANE SMITH APTS 123 MAGNOLIA AVE CARLSBAD CA 92008 D) E) Sincerely, Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carisbad) and credit cards are accepted. ANNE HYSONG (J Associate Planner AH:bd Attachment File Bryan Bennett, Jack Henthorn & Associates i jftk Henthorn & Associaif 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 April 22, 2003 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Bob Baker Vehicle Storage Lot - CUP 02-32/CDP 02-54 Dear Ms. Hysong: Enclosed is the re-submittal package for the Bob Baker Vehicle Storage Lot, CUP 02-32 and CDP 02-54. The project has been revised to reflect the issues of concern identified in the City's letter dated March 12, 2003. Each of the items contained in the letter are addressed below: PLANNING: ISSUES OF CONCERN 1. Due to the easements located along the western property line, the project is proposing to utilize a post and panel fencing system that will be finished with stucco. The proposed fence will give the appearance of a stucco masonry wall, as required by the Planned Industrial zone, without the necessity of a solid foundation the length of the wall. The proposed fence will be constructed of posts and steel framing that will be covered in foam and then applied with a stucco finish. A detail has been added to the landscape plans to illustrate the proposed stucco fence. The plan has also been revised to show the location of the proposed stucco fence along the southem and western property boundary as requested. 2. The building plans previously submitted were on a U"xl7" sheet. Included within the enclosed resubmittal package is a full size plan of the proposed maintenance building for your review. 3. The landscape plans have been revised per Larry Black's comments. Ivy Landscaping has also included a memorandum indicating the revisions and is attached to the landscape redline checkprints. ENGINEERING: ISSUES OF CONCERN 1. The property boundary detail on the site plan has been revised as requested. The detail illustrates the entire property boundary and the relative lease boundaries with the applicable CUP application numbers. 2. Enclosed as part of the enclosed resubmittal package is a letter from SDG&E dated April 11, 2003. The letter states that SDG&E conceptually approves the proposed -1- site plan. A note has also been included on the site plan that no grading shall occur within 3 feet of the existing 12" gas line as requested by SDG&E. 3. The comments listed on the redline checkprints have been addressed on the enclosed site plan. The redline checkprint is also included with the enclosed resubmittal package. If you have any questions or need any additional information, please feel free to contact myself at (760) 438-4090 ext 104 or e-mail me at bennettCa''ihenthorn.com. Sincerely, Bryaf/D. Bennett Associate Planner end. Resubmittal Package for CUP 02-32/CDP 02-54 cc: Jeremy Riddle, City of Carlsbad - Project Engineer Steve Maskiewicz, Bob Baker file JHA?BDB?Boh Baker - Avenida Encinas -2- Citv of Carlsbad Planning Department March 12, 2003 Bob Baker Enterprises 591 Camino de la Reina, Suite 1100 San Diego, CA 92108 SUBJECT: CUP 02-32/CDP 02-54 - BOB BAKER VEHICLE STORAGE LOT Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your conditional use permit and coastal development permit, applications no. CUP 02-32 and CDP 02-54, as to their completeness for processing. The items requested from you eariier to make your applications complete have been received and reviewed by the Planning Department. 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 of this 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 for the application. At this time, the City asks that you provide five complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Anne Hysong, at (760) 602-4622, if you have any questions or wish to set up a meeting to discuss the application. Siricerely, MICHAEL J. HOLZMILLER Planning Director MJH:AH:sn Attachments c: Chris DeCerbo Jeremy Riddle, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us No. CUP 02-32/CDP 02-54 ISSUES OF CONCERN Planning: 1. Although the proposed berm would screen the vehicle storage lot along the northern and eastern property lines, the cars will be visible along the western and southern property lines. Therefore, to enable staff support of the project, please propose a solid wall in accordance with the Planned Industrial Zone standards as requested in the previous correspondence. 2. Your letter dated January 27, 2003 that accompanied the resubmittal of plans for the project indicates that a dimensioned architectural plan of the maintenance building was a part of the plan set. No building plans were included in the set. Please include with you next submittal. 3. Please revise landscape plans in response to Larry Black's comments on the attached landscape plans and return the red lined check print with the next project plan submittal. Engineering: 1. Revise the detail of property boundary on Sheet 1 of the exhibits. Please clarify the property boundary and the lease lines. It will also help to identify that CUP 99-03 covers the other lease area located within the same property boundary. 2. Provide a letter from SDG&E stating they do not object to this project. There is an existing 12 inch gas main traversing the westeriy edge of the project, and the project proposed a wall and paving over a portion of it. 3. A redlined check print is enclosed for the applicant's use in making the requested revisions. This check print must be returned with the plan revisions to facilitate continued staff review. Henthorn & AssociatH 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 January 27, 2003 ^'''^ ^^^"^^^^ RECEIVED Anne Hysong j A>,I « « ^o^. CityofCarlsbad JA. 3 0 2y03 1635 Faraday Avenue CITY OF CARLSBAD Carlsbad, CA 92008 PLANNING DEPT Subject: Bob Baker Vehicle Storage Lot - CUP 02-32/CDP 02-54 Dear Ms. Hysong: Enclosed is the re-submittal package for the Bob Baker Vehicle Storage Lot, CUP 02-32 and CDP 02-54. The project has been revised to reflect the incomplete items and issues of concern identified in the City's letter dated December 19, 2002. Each of the items contained in the letter are addressed below: PLANNING; INCOMPLETE ITEMS 1. The project application numbers have been included on the enclosed site plan for the project as requested. 2. The requested information ofbuilding square footage, building coverage, percentage of landscaping and average daily traffic (ADT) has been included on the site plan under the general notes section. 3. The material and color of the proposed fence are shown on the enclosed landscape plans. For further discussion of the fence see Planning: Issues of Concern item number 2 below. 4. The truck turning radii has been included on the enclosed site plan along with adequate turn around area for fire trucks. The delivery of automobiles by truck will not be utilized in the operation of the site as a vehicle storage lot. 5.y Enclosed as part of the resubmittal package are dimensioned architectural plans illustrating the proposed maintenance building. ENGINEERING: INCOMPLETE ITEMS 1. The site plan has been revised to include an exhibit that shows the contiguous ownership of the parcel. In addition, a note has been placed on the project boundary to identify it as a lease boundary so that it is not construed as a property line that would result in an illegal subdivision. 2. Enclosed within the resubmittal package is the letter sent to SDG&E requesting written verification that they do not object to the proposed project. We have received verbal confirmation that there are no objections to the project and that our letter request is currently being processed. 3. Enclosed within the resubmittal package is a letter dated January 21, 2003 from SBC/Pacific Bell stating that they have no objections to the proposed project in respect to their easements. 4. The short legal descriptions of the adjacent properties are shown on the enclosed site plan as requested. 5. We have not included a soils report for the project due to the fact that no cuts or fills are proposed that are in excess of three (3) feet. In addition, there are no significant structures being proposed on the site that would require any type of analysis of the soils prior to construction. The proposed project is for a vehicle storage lot that is to be paved with asphalt. 6. We have calculated the average daily trips (ADTs) for the proposed project to be 60 ADT, based on the San Diego Traffic Generation Table. The criteria we used for the calculation was 30 ADT per acre based on the net acreage for the site of 2.03 acres. 7. Included on the enclosed site plan is a legend as requested. PLANNING: ISSUES OF CONCERN 1. The enclosed landscape plans have been revised to include a symbol for the proposed location of the fence. The proposed dike is only proposed at the beginning of the grass swale and is to direct the runofif into the stormwater filtering device located at the northeast corner of the parking surface. The location of the iron rail fence, as shown on the landscape plans, is proposed to be located on the outside of the grass swale. 2. As a part of the CUP application, we are requesting that the proposed combination of a five (5) foot landscaped berm, landscaping and the iron fence be used to satisfy the Planned Industrial Zone requirement for screening. It is our contention that the proposed berm and landscaping offer an aesthetic and viable alternative to a solid masonry wall that would be susceptible to graffiti. The current proposal would provide a soft visual appearance at the corner of two circulation arterial roadways, which also serves as the entrance into the industrial area south of the property. 3. In an effort to avoid redundancy in work the revisions to the landscape plans will be completed when the City's landscape consultant has concluded his review of the plans. The only revision to the enclosed landscape plan is that the delineation of the iron rail fence has been clearly identified. 4. As shown on the attached building plans for the proposed maintenance building, no roof equipment is being proposed and a standard hip roof will be provided. ENGINEERING; ISSUES OF CONCERN 1. The application numbers have been added to the site plan. 2. The site plan has been revised to include a 'no parking area' for the purposes of access to the existing manhole located on the site for access. -2- 3. Enclosed within the resubmittal package is the revised Storm Water Management Plan that clarifies the base criteria that was used in determining the treatment control. Also included in the revised plan is the verification that the inlet filter product is adequate in design to accommodate the proposed flows. 4. The truck turning radii have been included on the enclosed site plan. Also illustrated on the plans is a truck turn around area where no parking will be permitted. 5. The enclosed site plan has been revised to include the Caltrans line-of-sight and shows that those standards are met with the proposed design. 6. The site plan was revised to include the no parking striping for access to the existing manhole. The addition of a condition of approval for requiring the encroachment permit for private improvements within a public easement is acceptable. 7. The requirement of a grading permit as a condition of approval is noted and is acceptable. 8. Enclosed within the resubmittal package is the redline checkprints for the project. All comments on the checkprints have been addressed on the revised site plan. FiRE; ISSUES OF CONCERN 1. The proposed project accommodates emergency vehicles by providing drive aisles 24' in width and adequate area for turning movements as depicted on the enclosed site plan. 2. A truck turnaround area has been designated on the enclosed plan and has been designated as a 'no parking area'. 3. All locations of existing fire hydrants within 300 feet of the project have been shown on the enclosed site plan. If you have any questions or need any additional information, please feel free to contact myself at (760) 438-4090 ext 104 or e-mail me at bennett(a'ihenthorn.com. Sincerely, BryaW'D. Bennett Associate Planner end. Resubmittal Package cc: Steve Maskiewicz, Bob Baker Auto Group file JHA?BDB?Bob Baker - Avenida Encinas -3- Citv of Carlsbad Planning Department December 19, 2002 Bob Baker Enterprises 591 Camino de la Reina, Suite 1100 San Diego, CA 92108 SUBJECT: CUP 02-32/CDP 02-54 - BOB BAKER VEHICLE STORAGE LOT Thank you for applying for Land Use Permits In the City of Carisbad. The Planning Department has reviewed your conditional use permit and coastal development permit, applications no. CUP 02-32 and CDP 02-54, as to their completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. 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 29, 2002, 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 of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you provide five complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Anne Hysong, at (760) 602-4622, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, IVIICHAEL J. H0LZM7 Planning Director ER MJH:AH:sn Attachment c: Chris DeCerbo Jeremy Riddle, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® LIST OF ITEMS NEEDED TO COMPLETE THE APPUCATION No. CUP 02-32/CDP 02-54 Planning: 1. Add the project application numbers to the site plan. 2. Add the following to the General Notes on Sheet 1: Total building coverage; building square footage, percent landscaping; and average daily trips (ADT). 3. Identify the location, height, and color/materials of walls (see Issues of Concern items 1 and 2 below). 4. Show the truck turning radii for all parking areas. 5. As part of the plan set, please include a dimensioned architectural elevation plan of the proposed 8' X 10' maintenance building. Engineering: 1. Revise the site plans to include the complete property boundary. The existing legal description currently includes this site and the hotel site across Avenida Encinas (Inns of America). The property limits reflected on the title report and the site plan appear to be the result of an illegal subdivision. Subdividing land must meet provisions of the California Subdivision Map Act. In order split one lot into two legal lots requires preparing, processing and receiving approval of a minor subdivision. Recording lease agreements does not subdivide land. If this issue is not resolved, it may result in the City recording a notice of violation against the property. 2. Provide a letter from the SDG&E stating they do not object to this project. There is an existing 12-inch gas main traversing the westerly edge of the project, and the project proposed a site wall and paving over a portion of it. 3. Provide a letter from Pacific Bell stating they do not object to this project, since it proposes work within their easement 4. Callout short legal descriptions of all adjacent properties, not just Assessors Parcel numbers (typical). 5. Provide a soils report that addresses the soils conditions and recommendations related to the project. 6. Provide a vehicle trip evaluation for the project. The evaluation shall estimate the average daily trips anticipated for this project. Add the trip generation to the site plan. 7. Provide a legend for the site plan. Clarify the material under the parking stalls (gravel, asphalt, etc,) ISSUES OF CONCERN Planning: 1. The plans (site or landscape) do not contain a symbol that identifies the location of the proposed fence. Please provide a symbol and note that specifies its location. Please provide a detail and explain the purpose of the 6" dike proposed around the parking area. Staff is assuming it is the base for the proposed open iron rail fence. (See Item 2 below.) 2. The Planned Industrial Zone requires that all outdoor storage shall be completely enclosed by a solid decorative concrete or masonry wall not less than 6 feet in height. The fence proposed behind the 5' berm within the front setback would be acceptable in that only 1' of the fence or wall would be visible above the berm. Walls within side and rear setbacks may not exceed 6'. Since the site is located at the corner of two circulation arterial roadways, please propose a split face block wall with cap and pilasters that will visually enhance the site and reduce the potential for grafitti. 3. The landscape plan has been routed to the City's Landscape Plancheck consultant, Larry Black. Staff recommends that a row of pines be added along the southeastern property line similar to that proposed along the northeastern property line. 4. Please propose a roof structure that would conceal any roof equipment proposed on the maintenance building. Engineering: 1. On the site plan, add the application numbers to the upper right hand corner as shown. 2. Revise the plan to that area of the parking lot is hatched off as "no-parking" as shown on the returned plans. This is to ensure that city staff has access to the manhole to the existing sewer trunk main. 3. Revise the Storm Water Management Plan to identify if flow-based or volume- based criteria is being use for treatment control. Verify if the inlet filter product specifications are adequate to treat the surface area of the project. 4. On the site plan, indicate how a truck (per Caltrans 407-E) with a 42-foot turning radius will circulate throughout the site. Show the inside and outside tire tracks at each critical turn. Demonstrate that a 30-foot long vehicle can adequately turn around onsite before exiting onto Avenida Encinas. 5. Revise the site plan to depict the line-of-sight exiting the driveway looking northbound on Avenida Encinas. Ensure Caltrans (corner) sight distance standards are met. Refer to the redlines for clarification on this issue. 6. Since parking is proposed over the 42-inch sewer, an encroachment permit will be conditioned as part of this project for private improvements located within a public easement, if access can still be secured to the existing sewer accesshole as noted above. 7. A grading permit is required as part of this project and will be conditioned to obtain one. 8. Address all redlines as noted on the returned plans. A redlined check print is enclosed for the applicants use in making the requested revisions. This check print must be returned with the plan revisions to facilitate continued staff review. Fire: 1. Driveway aisles must accommodate emergency vehicles. 2. Provide a way to turn around fire trucks on site. 3. Provide locations of existing and/or proposed fire hydrants within 300 feet of the project. mmvKmmm Modular Building Concepts Inc. 12580 Stotler Court Poway California 92064 (858)679-1185 Fax 679-6804 October 11,2002 Steve Maskiewicz Bob Baker Ford 591 Camino De La Riena #1100 SanDiego, CA92108 Re: 8X10 Modular Facility Per our recent discussion, enclosed are drawing and specifications on a "typical' 8X10 modular facility. Please let me know ifyou would like a formal quotation. Thank you, Ken Kerper M 0 D U L A R 100 AMP SUB-PANEL ROOF MOUNT A/C 1 FLOOR PLAN FIN. FLOOR 3 EXTERIOR SIDEWALL [Tl 7/18" INNCRSEAL EXTERIOft Si0 INC W/OROOVES AT 8" ANO UASON I TE TR IU Tl 1/*" M)00 RANELIMC COLOR MINNESOTA BIRCH Z\ l/a- VINTL COMPOSTlON TILE #51858 SANORlFT IWlTt w/ouARTCR ROL/NO BASE SHOE jTl Fi)t£,- rE'L:-*:, I -O" M o- PA I NT : [XE.; " WOORE ) BODY- EL DORADO r. TRIM- MESA BROivN CHASSIS- ASPHALTfC BASED Ru5 ' ORE VE S»T A Tl vC PAINT. COLOR: BLACK 7 FINISH SCHEDULE Mnrr M ! -V- fl" C-CMANNCL LONGITUDINAL RAILS (FLANOCS OUT) 6-K*" FORKLIFT SLOTS WITH 4" C-CHANNEL -wioes" (TYPICAL T¥<0 PLACES) 2 CHASSIS DETAILS FIN. CLG. "~7~6" A~r~F • 100 Av*> SUB-PANEL FIN. FLOOR //// FiN. CLC. FIN. FLOOR 4 EXTERIOR SIDEWALL -.A" LAY-lN FLUORESCENT LIGHT IXTuRE W/I TUBES, £ 5!NCLC SWITCH (N SINGLE GANG BOX 1^ nup^fi Berf=" <5 AMP '5}-' il..'<iiBlF D.'•.CONNECT FOR ROOF MOO-NT A/C . f'lO' MC".;.'if.;; -VAC. f»EE SLO* 8 ELECT ICAL AND HVAC LEGEND 5 eXTERIOR;ENDWALL 6 EXTERIOR ENDWALL 10 GENERAL NOTES (T) DOOR; 3'-i-x6*-«-. HIC #4, 2*".27" CLEAR TEMPERED WINOO*. CATE HOCY/KCAN. BRONZE AHJM. FRAME W/-P0O- PASSAGE LATCH fSR125 CLEVtR) AND DEADKX.T |KRtls, W/DOOR CMAIN © A) WINOO*; 4B-a36-. BRONZE FRAME. BRONZE CLASS, ANO HORIZONTAL SLI OCR. W COVERING BUILOINO DATA: OCCUPANCY NONE 1NSULATION: EXTERIOR WALL .. .R-n UNFACED FLOOR ^40^^£ ROOF R-11 UNFACED PART I HONS N/A CHASSIS SYSTEM: FRAME CROSS-MEMBERS. AXLES BOTTOM BOARD.. .C6"xa.2# PERiMETER .26">tl2qa. O 24 o c -N/A ."SIMPLEX" FLOOR SYSTEM: DtcK'NO........ .s/a WALL SYSTEM; STURD- > --FLOOR ,2x4 MF STUDS AT CEILING SYSTEM: ME 1GHl . FINISM. ROOF SYSTEM RIDGEBEAM FRAMING,. DECKING 7 • -O'* NOM I NAL "MOOOLUX" rIXED CEi .N/A .2x6 HF#2 AT 24" o - c .3/3" SHEATHING HVAC SYSTEM: BRANCl • . . -COLEMEN OR EQUAL ""STZ^r 13.000 BTU COOL AND 5 . OOC BTU MEAT SUPPLY AiR FREE. BLOW ELECTRICAL: DiSTRlBUTION SUB PANEL... MAIN BREAKER. . . .NOT ^ _ _ WIRING COPPER ROMEX .SINGLE PHASE .100 AMP I NSTALLED 9 DOOR AND WINDOW LEGEND NOV 12 ( Ilu: Illli DISTRI BUT ION HOV 09 1393 DATE SCL1ENT O DEPT Of HOUSING Q PRODUCT I ON Q PROD. MANAGER • QUAL I TY CONTROL • ELECTR1CAL • PLUMB 1NG • FILE • PURCHASING • ESTlUATING/SALES • OTHER b. 3 Z -_ or* U m - ^ EL S « I Ul nevI•ION* TJ OHCOKCO mf •OA1.K '-0" »ATK 1 WB3 -23-03 THU 01:58 PM P.02/02 (SBC Pacific Bell Right or Way) Liaison SBC Psciiic sell Tck-phon* Company 6150 Mission Gorge Road Suite 200 Si>n Oiego, CA 92120-3446 January 21.2003 Mr. Ron Bradley BHA. Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008-4387 Re: Project CUP 02-32 COP 02-54 City of Cartsbad <.v:. :;;, »r. Wf JAN 23 im RECEIVED J'^' 31 2003 CITY OF CARLSBAD PLANNING DEPT. Dear Mr. Bradley; Should you have any ohange.Jo your current plans please Keep us infomned. , can be reached on 619 285.6605 Yours Truly. K. S, DeFord Right of Way Agent bhA ~- '.',5' , Inc. ROD BRADLEY, Urban Planner land planning, civil engineering, surveying RONALD L HOLLOWAY, CMI Engineer January 10,2003 W.O. 636-0851-600 RECEIVED Mr. Mike Williams CPIID J.HM 3 0 2003 SAN DIEGO GAS & ELECTRIC r ITY OF CARLSBAD 8325 Centuiy Park Court ^' ANNING DEPT. San Diego, CA 92123 h'LAlNiNUN RE: LETTER STATING NO OBJECTION TO PROJECT CUP 02-32 COP 02-54 CITY OF CARLSBAD Dear Mr. Williams: BHA, Inc., are the engineers of work for a vehicle storage lot located at Cannon Road and Avenida Encinas in Carlsbad, California. We have attached three (3) copies of the Site Plan, which has been submitted to the City of Carlsbad for approval. The City of Carlsbad has requested the we secure a letter from SDG&E stating that SDG&E has no objection to our project. As you can see, we are paving and grading over the Southern California Gas 12" Gas Line, to allow for the temporary storage of vehicles, which we are not proposing any grading or paving over your five (5) foot Easement. If you have any questions please call me. Otherwise please address your letter to the City of Carlsbad, 1636 Faraday Avenue, Carlsbad, California 92008-7314 and return to me for my second submittal to the City of Carlsbad. Thank you for your help in this matter. Sincerely, h^\^, Inc. Enclosure objection-sdge.ltr 5115 Avenida Encinas, Suite L o Carlsbad, California 92008-4387 o (760) 931-8700 o FAX (760) 931-7780 Cannon Road LLC 1745 Rocky Road Fullerton CA, 92831 714^26-3035 16 Dec 02 !c4 Mike Grim Community Development CityofCarlsbad 1635 Faraday Ave. Carlsbad, CaUfomia 92008 As manager of Cannon Road LLC, 1 have reviewed the proposal from Bryan Bennett {Jack Hentbom & Assoc.] regarding the proposed Bob Baker - Vehicle Storage Lot on our property along Avenida Encinas. As owners of otber properties in the Carlsbad area, including tbe adjacent Inns of America, the foUowing comment on landscaping comes from such experience and concem. The visual impact of the tree plantings can affect the view corridor for occupants of Inns of America I suggest that trees be spaced no less than 75 feet apart, so such corridors can be maintained. Other plantings should not have heights of more than 4-6 feet. 1 believe that landscapers often plan too much for immediate visual impact. After two to five years 50% of the plantings are detrimental because of their growth, creating a jungle effect, requiring plant removal or necessitating severe praning. Tree overgrowth can be difficult to address. Trees once planted, especially in a public space, can be difficult to remove/maintain due to city ordinance public outcry, etc. Remember also the debris from certain plants and trees - tree sap, leaf mess and their staining - can all damage or require extra maintenance for the stor^ new cars. Sincerely, Ray W. Winter- Manager Cannon Road LLC 1745 Rocky Rd. Fullerton CA 92831 Cc: Steve Maskiewicz - Bob Baker Legal Counsel, Bryan Bennett - Jack Henthorn & Assoc. July 7, 2003 These revised landscape plans, assessors parcel number 210-090-24, Schematic Submittal #4 (Dated 4/16/03) Sheet Comment/Correction 1 Delete Tree (Typ. Symbol)/ Trees removed to 75 apart per Ray Winter's Comments/Letter Add Mel. Nes. Screen along fence/ Melaleuca Nesophila were added as a screen along fencing Correct spelling/ Selected Break up wall with pilasters 40' O.C./ Conceptual Pilaster was added with note specifying plasters be located 40' O.C. 2 No comments on sheet 2 jfck Henthorn & Associa^ 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 November 18, 2002 Mike Grim City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Bob Baker Vehicle Storage Lot Dear Mr. Grim: The enclosed submittal package is for the Bob Baker Vehicle Storage Lot for the existing Bob Baker automobile dealerships located within Car Country of Carlsbad. The enclosed applications include a Conditional Use Permit and Coastal Development Permit for the proposed automobile storage lot. The enclosed submittal package includes the necessary applications signed by the owner and applicant, preliminary title report, supplemental documentation, two copies of the hydrology report for the project, two copies of the storm water management and maintenance plan and five sets of the proposed plans. The attached plans include the proposed site plan, landscape plan and a photometric lighting calculation plan. The proposed project was previously evaluated by the City of Carlsbad within the preliminary review application process as PRE 02-24. The following is a response to those issues identified within the City of Carlsbad's letter dated June 27, 2002 in regards to the preliminary application (PRE 02-24). Planning; 1. The subject property is designated Planned Industrial (Pl) in the City's General Plan and is zoned Planned Industrial. The project site is also located in the City's Coastal Zone. Enclosed are the appropriate applications for a Conditional Use Permit and Coastal Development Permit. Per Section 21.34.050(a), a planned industrial permit is required if a 'permitted use' is being proposed pursuant to the Planned Industrial zone. Since the enclosed proposed use is not permitted per the P-M zone and only permitted by a conditional use permit, per Section 21.42.010(5) (E) of the Zoning Ordinance, we have not included a request for a Planned Industrial Permit. Pursuant to the California Environmental Quality Act (CEQA), the proposed project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment. Therefore the proposed project is categorically exempt form the requirement for the preparation of environmental documents pursuant to Section 15332 - In-Fill Development Projects of the state CEQA Guidelines. -1- 2. The proposed surface vehicle storage use has potential land use compatibility issues with the neighboring residential uses to the west and hotel use to the east. The applicant has meet with the homeowners' group for the existing residences to the west. The only concern that was raised from the existing homeowners was the potential impact from the proposed lighting system during the nighttime hours. In response to their concerns we have included within the submittal package a photometric lighting calculation exhibit and letter from ILA -I- Zammit Engineering Group. Due to the separation because of the railroad tracks and existing landscaping, the residents were not as concerned with the visual aspects of the proposal. They were content with the current screening as proposed with the enclosed landscape plans. The owner of the subject property is also the owner of the hotel use across of Avenida Encinas. The applicant has been in close contact with the owner and operator over concerns with the screening of the parked cars. With the proposed landscaping and berm condition along Avenida Encinas, their concerns have been addressed. 3. The P-M Zoning requires certain building setbacks. The proposed project confirms to all the setbacks in relation to the location of parking stalls and drive aisles. With the request for a conditional use permit, we are requesting a minor exception to the setback in regards to the location the perimeter fence. In order to secure the site, it is necessary to provide a perimeter fence that is a minimum 5'-0" in height. The proposed fence intrudes into the front yard setback along Avenida Encinas where it is restricted to a maximum of 42". We are proposing that the landscaped berm, as shown on the enclosed plans, will obscure the fence from view eliminating any visual impact due to the location of the fence. 4- The P-M zoning requires that all outdoor storage uses be completely enclosed by a solid decorative or masonry wall of not less than six feet. The enclosed proposal provides a detailed landscape plan that illustrates the fence location along with the proposed landscaping. It is proposed that the combination of landscaping and iron fencing will provide the decorative separation required to effectively screen the proposed project. In addition, the proposed landscaped berm along the project frontage on Avenida Encinas and Cannon Road provides a natural and aesthetically pleasing method of screening for the storage area. 5. The information in the Preliminary Review application materials is somewhat contradictory. Item No. 6 in the letter dated May 30, 2002 states that the site is "intended for long term use;" however item no. 5 is requesting that a "temporary" structure be placed on the site for storage uses. The proposed use of a vehicle storage lot on the subject property is intended to be for a long-term use; however, it is not intended to be a permanent use such as the hotel. A small 8'xlO' storage/maintenance building is proposed to be located on the subject property. Enclosed with the submittal package is the site plan that defines the location of the building as well as a H"xl7" plan of the proposed structure. The HVAC unit located -2- on top of the structure may not be necessary for the proposed use. At the time of the preliminary review application it was undetermined as to the exact type of structure that would be proposed. 6. Performance Standards per Chapter 21.34 of the Zoning Ordinance - the Planned Industrial Zone. Per Section 21.34.090 - Performance Standards for the Planned Industrial Zone, motor vehicles are exempt from most of the standards. Also the use of the site as a storage facility will not emit matter causing any unpleasant odors or particulate matter, produce humidity, heat, glare or high intensity illumination. As mentioned before, enclosed within the submittal package is a photometric lighting calculation plan that illustrates that no off-site photometric contribution will result from the proposed lighting plan. The performance standard relating to the visual screening has been addressed in issue no. 4 above. 7. With regard to exterior lighting, all lights must be designed to reflect doumward and avoid any impacts on adjacent homes or property. ILA -F Zammit Engineering Group has been contracted with and has provided an exhibit that illustrates that all adjacent areas to the site have no photometric contribution from the proposed lighting plan. Also included is a letter from Tim Locklear stating the conclusion of the photometric lighting calculation plan along with cut sheets of the proposed lighting fixtures. Engineering; J. Compiiance i^ith Order No. 200J -01 by the Califomia Regionai Water Quality Control Board. Enclosed within this submittal package is Stormwater Management and Maintenance Plan dated October 18, 2002, prepared by BHA, Inc. The report addresses those items outlined in Order No. 2001-01 by the California Regional Water Quality Control Board. 2. Driveway access along Avenida Encinas for this project should line up with the existing driveway that serves the Inns of America development. Though the proposal is intended to be a long-term use, it is not intended to be permanent. Security is a major issue with the proposed vehicle storage lot. If the main access were to align with the Inns of America access, parking spaces for the adjacent office use to the south would be eliminated. Due to the secure nature of the proposal additional spaces could not be provided on our property in compensation. In addition, the minor intensity of the proposed use is negligible and would not require the left-turn movement onto Avenida Encinas that would be acquired with the reciprocal access. 3. The City will be seeking proposed improvements and easements that encompass that portion of the proposed Coastal Rail Trail that traverses this project. In communications with Dokken Engineering, it was determined that all trail -3- improvements and easements will occur within the required 50' setback along Cannon Road. Since the Coastal Rail Trail is still in the preliminary phase it was not necessary to provide any improvements with this project at this time. 4. Revise the plans to indicate the tuming movements ofthe delivery truck onto the site. The applicant has indicated that employees on an individual basis will do all deliveries to and from the site. No delivery by a car carrier truck will be used in the operations of the proposed vehicle storage lot. 5. Clarify if there are any improvements proposed over existing easements. Enclosed within the submittal package is the preliminary title report along with the supplemental documentation for each easement. We have also included a copy of the effected easements with the restricting language highlighted as reference. 6. This property must receive approval of a lot line adjustment so that 2 legal lots are defined, versus one existing lot comprised of two uses. It is unclear as to why this property must subdivide in order to create an additional use. We are not proposing a land use designation or zoning classification change. 7. Depict limits of all existing and proposed easements impacting the project. Please refer to the enclosed site plan for the proposed project illustrates all the plottable easements recorded on the subject property. 8. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinklering, etc.). Please refer to the enclosed site plan for the locations of the property access and fire hydrants on the subject property. A KNOX system will be provided in accordance with Fire Department standards for the security gate at the entrance. 9. Revise the plans to indicate the proposed relinquishment of access rights to and from Cannon Road and Avenida Encinas, excepting the proposed access opening. The enclosed site plan illustrates that the only property entrance will be located on Avenida Encinas and will be restricted to a right-in/right-out access. 10. There is insufficient information to make a determination if a Grading Permit will be required. Provide grading quantities of cut/fill/export/import/remedial (in cubic yards) and depict existing and proposed topography, The enclosed site plan anticipates that 2,000 cubic yards of dirt will be graded for the proposed project. The plans have also included the existing and proposed topography for the project. -4- General Issues: 1. Please be advised that in order to make a more in-depth review of the proposed development, a more complete design of the project is required. Enclosed please find the site plan, landscape plan and supplemental documentation pursuant to the City of Carlsbad's checklist for a Conditional Use Permit. 2. Depict the extent of existing improvements on Avenida Encinas and all proposed improvements required to serve this project. The enclosed site plan depicts all the existing improvements on Avenida Encinas and those necessary to serve the project. 3. Add symbols and legend to the plans to identify the difference between existing and proposed improvements. See No. 2 above. 4. Please indicate all existing and proposed utilities along Avenida Encinas that will serve the development. See No. 2 above. 5. Indicate all existing and proposed surface improvements along the property fronting Avenida Encinas and verify that no conflicts exist. See No. 2 above. No conflicts were encountered in the current design of the project. 6. Revise the pian to indicate the ADT, EDU's, GPM (potable) and GPM (reclaimed) generated or required by the proposed development. The proposed project is negligible in its proposed intensity. In reviewing the vehicular traffic generation table, we were unable to find a suitable comparable use for the vehicle storage lot. 7. Show aii existing and proposed topography and drainage pattems for the site. Revise the plans to indicate how on-site surface run-off is controlled. Identify the location, alignment and discharge ofany proposed drainage system. The enclosed site plan depicts the proposed grading and location of on-site surface drainage. Also included within the submittal package is the storm water management and maintenance plan that defines the methods for treating the on-site run-off prior to leaving the project. 8. 1/ siopes or grading is proposed off-site, a private slope easement must be obtained from the adjacent property oivner. As shown on the enclosed site plan, no off-site grading is proposed. -5- 9. Shoiv typical street sections for Avenida Encinas and Cannon Road. Indicate existing and proposed improvements on the typical sections. The enclosed site plan includes the typical street sections for Avenida Encinas and Cannon Road along with the existing and proposed improvements. i 0. Indicate 60' (Caitrans 407-D) tuming radii on the plan to verify a truck vidll circulate safely throughout the site. No truck delivery of automobiles to the site will be utilized in the operation of the vehicle storage lot. i i. A recent Preiiminary Titie Report issued within the iast 6 months of formal application submittal will be required for the proposed project. Enclosed with the submittal package are three (3) copies of the preliminary title report dated within the last sbc months. 12. All easements and encumbrances as identified in Schedule "B" ofthe PTR must be indicated on the site plan. The enclosed site plan depicts all the existing easements that are recorded on the subject property. 13. This preliminary review does not constitute a complete review of the proposed project and addidonal items of concem may be identified upon formal project application submittal. Noted. 14. A redlined check print is enclosed for the applicants use in making the requested revisions. Since the project has been significantly modified from the initial preliminary submittal, the redline print has not been included with this formal submittal. If you have any questions or need any additional information, please feel free to contact me at (760) 438-4090 ext 104 or e-mail me at benne tt (5) j henthorn. com. Sincerely, Brya^D. Bennett Associate Planner end. CUP and CDP Application Package for the Bob Baker - Vehicle Storage Lot cc: Steve Maskewicz, Bob Baker Auto Group file JHA/BDB/Bob Baker - Cannon Rd -6- Citv of Carlsbad Planning Department June 27, 2002 Steve Maskiewicz Bob Baker Enterprises, Inc. Suite 1100 591 Cannino de la Reina San Dlego CA 92108 SUBJECT: PRE 02-24 - BOB BAKER VEHICLE STORAGE LOT APN: 210-090-24 A preliminary review of your project was conducted on June 24, 2002. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminarv review does not represent an in-depth analysis of vour project. Additional issues of concern mav be raised after vour application is submitted and processed for a more specific and detailed review. Planning: 1. The subject property is designated Planned Industrial (PI) in the City's General Plan and is zoned Planned Industrial (P-M). The project site is also located in the City's Coastal Zone. The proposed use of automobile storage would constitute a large assemblage of automobiles and, according to Section 21.42.010(5)(E) of the Zoning Ordinance, would require a Conditional Use Permit. Any development in the Planned Industrial zone requires a Planned Industrial Permit and development within the Coastal Zone requires a Coastal Development Permit. These permits, along with the appropriate environmental review documents, could be processed concurrently. Conditional Use Permits are typically granted for a period not to exceed five (5) years. In very special circumstances, when the use is associated with a significant financial investment (such as in the case of a new gasoline station), the Conditional Use Permit is granted for a period of ten (10) years. Should a Conditional Use Permit be granted for a surface parking area on this property, it is unlikely that a term longer than five (5) years would be recommended. Prior to CUP expiration, the property owner must make application for a CUP extension. Providecl that all circumstances and regulations remain the same, the standard 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ PRE 02-24 - BOB BAKEl(BfefflCLE STORAGE LOT June 27,2002 Page 2 for review and approval of a CUP extension is the same as for a new CUP. Staff cannot provide any guarantees that any CUP will be extended beyond its original expiration date. 2. The proposed surface vehicle storage use has potential land use compatibility issues with the neighboring residential uses to the west and hotel use to the east. Conditional Use Permits and Coastal Development Permits require public hearings and a noticing of all property owners within 600 feet and all occupants within 100 feet of the subject property. Since land use compatibility is likely a major issue with the proposal, public input from the surrounding owners and residents will be very important in the decision-making process. It is highly recommended that the project applicant contact the neighboring property owners and occupants to ascertain their potential issues of concern. Copies of any correspondence should be submitted with the permit applications. 3. The P-M zoning requires certain building setbacks. The proposed vehicle storage area should conform to those setbacks. Given the need for screening of the proposed use, all setbacks should have enhanced landscaping. This landscaping should provide adequate screening upon installation or at the time of storage area occupancy. Should the existence of easements or other encumbrances preclude planting within the setback area, an equivalent depth of landscaping would be required outside of those easements or encumbrances even if this encroaches into the buildable portion of the lot. The setbacks required by the P-M zone are as follows: Cannon Road (a major arterial): 50 feet Avenida Encinas (a secondary arterial): 50 feet Interior Side Yard (westerly property line): 10 feet Rear Yard (southerly property line): 20 feet 4. The P-M zoning requires that all outdoor storage uses be completely enclosed by a solid decorative or masonry wall of not less than six (6) feet. Fencing in the interior side and rear yards shall not exceed six feet. Since the limit of fencing in the front yard and street side yard setbacks is three (3) feet, the screening wall for these frontages should be located outside of the required landscaped setbacks. 5. The information in the Preliminary Review application materials is somewhat contradictory. Item no. 6 in the letter dated May 30, 2002 states that the site is "intended for long term use;" however item no. 5 is requesting that a "temporary" structure be placed on site for storage uses. Whichever type of structure is proposed, it must conform to the required setbacks and all other applicable codes and regulations. If the use is proposed as "long term", it would be expected that any structures would not be "temporary". PRE 02-24 - BOB BAKElifcHICLE STORAGE LOT June 27, 2002 Page 3 6. Attached is a copy of the Chapter 21.34 of the Zoning Ordinance - the Planned Industrial zone. Please refer to the performance standards contained in Section 21.34.090 regarding noise, odor, vibration, illumination, and air quality as they apply to any use on the subject property. The permit application submittal should include a detailed description of the proposed operations and hours of those operations including, but not limited to: vehicle delivery and removal, cleaning, servicing, etc. 7. With regard to exterior lighting, all lights must be designed to reflect downward and avoid any impacts on adjacent homes or property. The project submittal should contain materials that indicate conformance with this standard requirement. A exterior lighting plan would be required as an exhibit for the proposed permits. Enqineerinq: Significant issues: 1. Order No. 2001-01 was recently issued by the California Regional Water Quality Control Board. In order to facilitate the compliance of this project, the following are some criteria that should be incorporated into the design of the project: a) All efforts shall be made to ensure that post development storm run-off flows and velocities do not exceed pre-development storm run-off flows. This must be proved via engineering calculations in a project hydrology/hydraulic report. This report must be submitted as part of the discretionary review application. b) Revise the plan to incorporate Best Management Practices (BMP's) as outlined in the California Storm Water Best Management Practice Handbooks, latest edition. Depending on the anticipated pollutants generated from the site, these measures may include but are not limited to one or a combination of grass swales, pollution control basins, inlet filters, oil water separators, etc. Revise the plans to include measures to capture anticipated pollutants from the project. Storm water from the site must be filtered before being discharged to City right-of-way or the natural watercourse. c) Provide certification whether flow-based or volume-based methods are met. d) Offsite and downstream siltation would not be permitted at any time during the project (during construction or after). PRE 02-24 - BOB BAKEI^BkfflCLE STORAGE LOT June 27, 2002 Page 4 e) The applicant will be required to submit to the City a preliminary Storm Water management Plan (SWMP) that addressed both construction and post-construction phases of the project. The preliminary SWMP is required as part of the discretionary review. A final SWMP will be required prior to issuance of grading permits. 2. Driveway access along Avenida Encinas for this project should line up with the existing driveway that serves the Inns of America development. 3. The City will be seeking proposed improvements and easements that encompass that portion of the proposed Coastal Rail Trail that traverses this project. On April 5, 2002 the City sent a letter to the property owner regarding this issue (see attached copy). Contact Mr. Kirk Bradbury with Dokken Engineering at (858) 514-8377 for further details. 4. Revise the plans to indicate the turning movements of the delivery truck onto the site. Demonstrate the truck will have the opportunity to enter the site and turn around when exiting. The truck shall is not permitted to park along Avenida Encinas when delivering vehicles, nor back up into oncoming traffic when leaving the site. 5. Clarify if there are any improvements proposed over existing easements. If so, provide letters from easement holders stating they do not object to the proposed project (non-interference letter). 6. This property must receive approval of a lot line adjustment so that 2 legal lots are defined, versus one existing lot comprised of two uses. One parcel should encompass the Inns of America and the other for this project. 7. Depict limits of all existing and proposed easements impacting the project. If any easements are not shown, additional comments may result when this project is submitted. 8. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinklering, etc.). All proposed fire hydrants must be sen/ed by public water mains. 9. Revise the plans to indicate the proposed relinquishment of access rights to and from Cannon Road and Avenida Encinas, excepting the proposed access opening. 10. There is insufficient information to make a determination if a Grading Permit will be required. Provide grading quantities of cut/fill/export/import/remedial (in cubic yards) and depict existing and proposed topography. PRE 02-24 - BOB BAKEIAHICLE STORAGE LOT June 27, 2002 Page 5 General Issues: 1. Please be advised that in order to make a more in-depth review of the proposed development, a more complete design of the project is required. 2. Depict the extent of existing improvements on Avenida Encinas and all proposed improvements required to serve this project. 3. Add symbols and legend to the plans to identify the difference between existing and proposed improvements. 4. Please indicate all existing and proposed utilities along Avenida Encinas (i.e., storm drain, water, sewer, etc.) that will serve the development. The submitted plan does not depict any proposed facilities. 5. Indicate all existing and proposed surface improvements (curb, gutter, sidewalk, paving, access-holes, inlets, power poles, street lights, adjacent driveways, vaults, transformers, etc.) along the property fronting Avenida Encinas, and verify that no conflicts exist. 6. Revise the plan to indicate the ADT (traffic), EDU's (sewer), GPM (potable water), and GPM (reclaimed water) generated or required by the proposed development. 7. Show all existing and proposed topography and drainage patterns for the site. Revise the plans to indicate how on-site surface runoff is controlled. Identify the location, alignment, and discharge of any proposed drainage system. 8. If slopes or grading is proposed off-site, a private slope easement must be obtained from the adjacent property owner. 9. Show typical street sections for Avenida Encinas and Cannon Road. Indicate existing and proposed improvements on the typical sections. 10. Indicate 60' (Caltrans 407-D) turning radii on the plan to verify a truck will circulate safely throughout the site. 11. A recent Preliminary Title Report (PR) issued within 6 months of formal application submittal will be required for the proposed project. 12. All easements and encumbrances as identified in Schedule "B" of the PR must be indicated on the site plan. The future disposition of any easements and encumbrances must also be identified. 13. This preliminary review does not constitute a complete review of the proposed project and additional items of concern may be identified upon formal project application submittal. PRE 02-24 - BOB BAKER^IfcHICLE STORAGE LOT June 27, 2002 Page 6 14. A redlined check print is enclosed for the applicants use in making the requested revisions. This check print should be returned with the formal application submittal to facilitate continued staff review. Please contact Michael Grim at (760) 602-4623 if you have any questions. Sincerely, - - "// • GARY E. WAYNE Assistant Planning Director GEW:MG:jt Attachments c: Michael J. Holzmiller Don Rideout Jeremy Riddle Eric Munoz Sherri Howard Bob Ledesma Bill Plummer File Copy Data Entry