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HomeMy WebLinkAboutCUP 11-05; Production Facility at Bressi Ranch; Conditional Use Permit (CUP).---: . '~ ·~· ... ~ CITY Of , CARLSBAD LAND USE REVIEW APPLICATION P-1 • Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits D Administrative Permit D Coastal Development Permit 1•1 D Minor IZl Conditional Use Permit 1•1 D Minor D Extension cvf 11-o> D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit 1•1 D Planned Development Permit D Minor D Residential D Non-Residential 0: [gJ Planned Industrial Permit VJ 1/ r tl \ 1--'-----i 0 Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative , D General Plan Amendment D Local Coastal Program Amendment 1•1 D Master Plan 0Amendment D Specific Plan D Amendment D Zone Change n D Zone Code Amendment List other applications not specified D D D 1•1 = eligible for 25% discount (FOR DEPT USE ONLY) 1--------1 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITIED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITIED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: '2. \ '? -'2. (p ::b ~ '2. 4 1 'Z r; 1 '2. &J PRoJEcT NAME: PIZ.o DV ot-1 ow PAc.tL-t ty -P.:-tz.e~ , JZ.AIJ a+ t.-ot-t o BRIEFDESCRIPTIONOFPROJECT: ltJt>U<;tfZ.-IA-1....-~VIL-C>IIJb porz_ l.lc?e. At? A Pt:z..oOIJotlD/J F-ACILITy, ~~~~1-\0lJSf:. ~ iA~Tl<klb f?..ODM, FOf2. I?,J2,EWHJb tJO pouG.H ~vee. JV\AfJUFAc...tvi2.1/J& ori tz. f>.fJO P!-t.:z ... A Poll-' e.~wlf.Jb a>M.PAIJ BRIEF LEGAL DESCRIPTION: 1,...0 T 1 0 Or ep. (....~ A~c# ACCOf2..0/1Jb to LOCATION OF PROJECT: STRE ADDRESS ON THE: SIDE OF (NORTH, SOUTH, EAST, WEST) €7A te.luA'{ Cl-0 (NAME OF STREET) BETWEEN e k PV e. t£.-t-t:. st AND PAWN\A-!2-AI 11-Porz._t @I) (NAME OF STREET) (NAME OF STREET) DerJ J/·o :S3 P-1 Paqe 1 of 5 Revised 07/10 , OWNER NAME (Print): ~~~~~~------­ MAILING ADDRESS: ~'?0 W; WI'>F-Th ~l> CITY, STATE, ZIP fo\otJP.oiiiA 1 CA 41 o 1 (o TELEPHONE: {p.zt.,-2!0~-?''-Citf EMAIL ADDRESS: L..EOIJA fl F-OUCELU, Wh\ APPLICANT NAME MAILING ADDRESS: P. o . eo)~: 1 r.. ~C--1!...· ____ _ CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: · oA~t...o:>P->.A.i->.~ vA 9.-zOl$ p;&a-4£!. 1-~~-t:~ I CERTIFY THAT I A THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS UE AND C RECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO ~NOWLEDGE. THE B T OF MY! ~051JJ~!~ '73/11/f I DATE 1 APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: I "2:1.:1. 0 1::: l.. ----------------------~~~~--~-----------------------------CITY, STATE, ZIP: SP..IJ Dlt::€:0} CA TELEPHONE: e,l; ~ -/ tl\ ~ -4-/1 "7 )<. ..Z. L "' EMAIL ADDRESS fet\:.1?-5 <') 5CA -$ 1::> . CON\ I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE OVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF OWLEDGE. II IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF R TRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED THE TITLE ~ ~IS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND BIND ANY. lJ9CESSORS IN INTEREST. C/ J \.--., ,.(__.::> It( FOR CITY USE ONLY P-1 Page 2 of5 ~ :IVt:O AUG 1 5 2011 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED - Revised 07110 • f • • CUP 11-051 PIP 11-01 Production Facility-Bressi Ranch lot 10 October 3, 2011 Page 2 PROJECT DESCRIPTION I EXPLANATION (Revised) [CUP 11-051 PIP 11-01[ -Continued- PROJECT NAME: Production Facility-Bressi Ranch lot 10 OWNER NAME: Marsaglia Properties. llC APPLICANT NAME: Marsaqlia Properties. llC The project is a 37,050 square foot industrial building on Bressi Ranch lot 10 that will function as a production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company. As an accessory use, Pizza Port proposes to operate a restaurant that will serve food and beer produced on the premises. The project includes surface parking, landscaping and outdoor eating patios. The building consists of a 32,050 square foot ground fioor and a 5,000 square foot second floor. Pizza Port will initially occupy the entire second fioor and 18,573 square feet on the ground floor. The remaining 13.477 square feet on the ground fioor will be leased as spec until Pizza Port expands its operations into these adjoining spaces. lot 10 was mass-graded on approved Bressi Ranch Final Map CT 02-15 and is located south of Palomar Airport Road, north of Gateway Road and east El Fuerte Street in the Bressi Ranch Master Plan Planning Area 5. The current lot configuration and number is based on CT 05-09 I final map 15669. The proposed site layout, building design, fioor areas and manufacturing, storage and support office uses are in conformance with the Bressi Ranch Master Plan MP 178. The project requires a Planned Industrial Permit (PIP); and the tasting room component is considered to be a restaurant which requires a Conditional Use Permit (CUP) to operate in the P-M zone. Environmental compliance is established by way of EIR 98-04, which is on file in the City of Carlsbad Planning Department. Design Issues Narrative 1 . Site layout & Design The site plan has been designed to implement the design guidelines of the Bressi Ranch Master Plan (MP-178). The site plan orients the building close to Gateway Road and allows the building to become the dominant visual element of the site, while the parking areas are moved to the sides and rear of the building where their visual impacts are mitigated. It accommodates pedestrian circulation from Gateway Road and across the site, and creates a plaza area for outdoor dining. 2. Architecture The Pizza Port production facility utilizes a composition of contrasting paint colors, offset wall planes with angular shapes for visual interest, painted steel canopies at building entries, and grey tinted glazing in white window frames, representing a nautical image befitting the company name. The building design meets the BRMP requirement to highlight primary building entries through massing. A cornice detail and 8 foot deep cantilevered shade canopy reinforce the importance of the primary entry. At two places, accent wall panels with a cast-in grid pattern create additional interest via texture, color and vertical emphasis. Colored perspective drawings are provided for staff to better understand the building design. .. I • • CUP 11-051 PIP 11-01 Production Facility-Bressi Ranch Lot 10 October 3, 2011 Page 3 -Continued- The production facility will house brewing & canning operations, produce bulk quantities of dough and other ingredients for Pizza Port's restaurants, and afford training opportunities for Pizza Port restaurant staff. Mechanical equipment will be located on the roof and screened by the parapets. Other manufacturing equipment will be located in an exterior walled yard attached to the rear of the building. The project design also highlights two grain silos near the Pizza Port entry, to add character and a neighborhood identity to this unique facility. Grain deliveries will arrive periodically, and the site design accommodates parking out of any fire lanes. 3. Conditional Use The project's primary use as a beer and food production I storage I distribution facility is allowed by right in the P-M zone. This application requests approval of a CUP to allow Pizza Port to operate a 3,451 square foot restaurant with a 849 square foot outdoor Eating Plaza. This overall 4,300 square foot restaurant area is parked at 10 spaces/1 ,000 square feet, is directly related to the primary use, and is desirable for the development of the community and in harmony with various elements and objectives of the General Plan and Bressi Ranch Master Plan. This use is not detrimental to existing uses or to uses specifically permitted in the P-M zone. The site is adequately sized to integrate this use with other uses in the neighborhood and to provide the development features prescribed for the P-M zone and Bressi Ranch Master Plan. The restaurant component will consist of two bars and seating areas, with one on the ground floor and one on the second fioor. Pizza Port will obtain a type 23 ABC license (Small Beer Manufacturer.) The restaurant will provide a relaxed atmosphere for patrons to enjoy a variety of menu items and tap selections ("grub and grog"), for eat-in or take-out. The menu will include beer and non-alcoholic beverages, pizza, salads, appetizers and ice cream made fresh at the facility, and may include product prepared by trainees. Restaurant accommodations will include barstool seating along bars and counters, but most patrons will be seated at picnic tables. The largest of the two tasting rooms, on the second floor, will be used for a variety of functions including Pizza Port employee meetings, private receptions, seasonal group meetings, banquets and facility tour-group gatherings. The restaurant will operate daily from 11 am to midnight. Pizza Port will open the facility with approximately 20 employees, and may expand to 35 employees by the end of the first year of operations. 4. Building Heiglit The building height is determined by the highest point of the roof plane, located at 28'-0" from · the ground floor(28'-4" from grade). Parapets generally extend above the roof plane to 31'- 0"-32'-0" height, and at two places, feature walls extend as architectural protrusions to a height of 38'-4" from grade. 5. Existing Driveway The 40 ft. wide driveway is existing, and is shared with the adjacent industrial condominium project. A Grant of Parking Easement and Reciprocal Access Easement is being executed by the property owners. .• • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 llmiiiiiiiiiiiMIIIIIIIIIIIIIII Applicant: SMITH CONSULTING ARCHITECTS Set Id: 8000003268 I Tmp set/Initialized Projects Description Amount CUP11005 3,440.78 PIP11001 4,315.00 Total: 7,755.78 Receipt Number: R0085865 Transaction ID: T000106435 Transaction Date: 08/15/2011 Payment Payment Payment Check Check Check Method 28546 28545 28547 Description 3,121.50 4,315.00 319.28 Amount Transaction Amount: 7,755.78 City of Carlsbad Faraday Center Faraday Cashiering 001 1122701-2 08/15/2011 98 Man, Aug 15, 2011 03:37PM Receipt Ref Nbr: R1122701-2/0032 PERMITS -PERMITS Tran Ref Nbr: 112270102 0032 0032 Trans/Rcpt#: T000106435 SET #: S000003268 Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: Check (Chk# 028546) Check (Chk# 028545) Check (Chk# 028547) Total Received: Have a nice day! 1 ~ $7,755.78 $7,755.78 $7,755.78 $7,755.78 $3,121.50 $4,315.00 $319.28 $7,755.78 **************CUSTO~IER COPY************* • «~4)' ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: • Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 6Q2·4~~ ~ Applicant Signature: --;os;:F~mr~;;;;=i;~r:;;s:r-:n;;::::--Jf-L--------­e>~ll-".Sf£'6[:::1~/ Staff Signature: ~ ,. S Date: _ __:_8-J-/ :.._:ll+j--'-/_1 -------- To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ~ ' .. (~!' ·~CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): lZJ The development project and any altematives proposed in this application are not contained on the li&ts compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name /I.V'-fzGAGL-IA f'fi.Of'E:I2-tiE;£; 1 1..-L-C Addres&:___l", 0 • ~OX \ ~41 PROPERTY OWNER rH~ fl-oJJC.JE:U....I FAMIL-'( iRU~ Name: lJ P T I-'2. f!r '17 Address: ~.go 1111 · C>UAfZ-tc 12-1> . C.A1Z-t.-.<S8AD 1 CA 4-z.o-1 f. Mo.,IZ-DVIA-1 e~<; 41oiG, Phone Number: S5 2>-4-2>1-"7;?-:z Phone Number: 6J"2."-~0"3-5 '-44 --~~~~~~--~~ Address of Site: -2.1oo 5~1C-e,,..fEVJAY 12.() Local Agency (City and County): Cl"-fZ.I.he.J>.D 1 ~,AIJ Dl~6£> COV 1..rt'( • Assessor's book, page, and parcel number: '2-l::; -'2. fd '? -'2 4-'Z S 2 ~ Specifylist(s): OA t;>.T.!7.C. liA-zA12.1XlUS 1\JP.qft::..AIJD 5VJ;;sfAI..Ict-.S sltE_L--tq'/ Regulatory Identification Number:----'c..t.:e....:....--------------------- Date of List: I) PPAtrl;:> 2> Applicant Signature/Date 8ltJf'. MA!<-~A6l-1 II The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 07/10 • ~ (ITYOF .~ CARLSBAD~-~ HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in]1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/Corteselist/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http: 1/geotracker. waterboards. ca. gov/ County of San Diego Department of Environmental Health Services www. co. san-diego. ca. us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA92112-9261 Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS") www. epa. gov/superfu nd/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npllnpl.htm P-1(C) Page 2 of 2 Revised 07/10 ~ , ... ~-, ~. '•, ·..,..; .~ CITY 0 F DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ml>otVGAGU A ~rzt1e.<; 1 t...L.C. 6GeteF'J'f'ffiP'l!llrrtrt:._ ________ _ fftfe Got ._s A M A lu;:Ae>U A -+ftle-\1 1 t.J L~ ,MA tz.. S"A Go L-1 A Address p.o. taox lt..l\1 Address P·0 · Q.o)< llDq1 CA li'C~P.:>A[) ' tA Zfi'ZO( ~ c.-A IZ.L.? e.J>-0 I CA <='!'2.0 '~ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Tl4f. r;z.oiJCcU...l FAWttt...y Person i12uo;t \Jt>T 1-'t 6 -4'7 Corp/Part __________ _ Title (7(JJO (l:OIJC-i't.,V!, 't\'Z.V~tt:.E,.. Title. ___________ _ Address ;~o W • t>VJl-12-iie SZ.D Address __________ _ 1\'\0IJ t',o VI A; cA q I <:>IV, ------------ Page 1 of2 Revised 07/10 • • • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary. of the. Non ProfiVTrust IJ,/1>. Non ProfiVTrust. __ ~u:.../'-'A'-"------ Title __________ _ Title ____________ _ Address. _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes IZJ No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. ation is true and correct to the best of my knowledge. Print or type name of owner Print or type name of applicant I Signature of ew;;er;apprnt's agent if appicable/date f'£-m~ &09£~+\:--/:;Mttl-\ cougvL-tUJb AfZLJ.\Ittt:-+s Print or type name of ewFle~/~plicant's agent P-1(A) Page 2 of 2 Revised 07/1 0 B(2..-L.bT lO t,oo~J}Jb c;;;ovtli a,~--1:::;;.-U~-l-IX--- L.OO~l~b ~.--~- ----- ~~-bO t U>O~IJb setJ-t14- t;J;z..-L-D+ J 0 . LOO ll-lUb N. ~~6f • ·. • Order N.er: NCS-493021-SD Page Number: 1 First American Title Insurance Company National Commercial Services June 20, 2011 Todd Davis Cassidy Turley/BRE Commercial 1000 Aviara Parkway, Suite 100 Carlsbad, CA 92011 Phone: (760)431-4227 Fax: (760)454-3869 Title Officer: Phone: Fax No.: E-Mail: Escrow Officer: Phone: Buyer: Owner: Property: 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 Ralph Snyder-Danette Starling-Vince Tocco (858)410-3886 (877)461-2094 titleteam20@firstam.com Kate A. MacAllister Meg K. Kilfoil (858)410-3888 Marsaglia Properties, LLC The Roncelli Family Trust UDT 1-28-97 Vacant Land, Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on COvered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than th.3t set forth in the arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the parties. Limitations on COvered Risks applicable to the CLTA and ALTA Homeowner's Polides of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. Rrst American Title Insurance Company ·. • Order Nler: NCS-493021-SD Page Number: 2 It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company •• • Dated as of June 13, 2011 at 7:30A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined Order N.er: NCS-493021-SD Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Gino Roncelli, Trustee of the Roncelli Family Trust, udt January 28, 1997 The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2011-2012, a lien not yet due or payable. 2. The lien of defaulted taxes for the fiscal year 2009-2010, and any subsequent delinquencies. Tax Rate Area: 09165 A. P. No.: 213-263-24-00 Amount to redeem: $285.59 Valid through: June 30, 2011 3. The lien of defaulted taxes for the fiscal year 2009-2010, and any subsequent delinquencies. Tax Rate Area: 09165 A. P. No.: 213-263-25-00 Amount to redeem: $285.62 Valid through: June 30, 2011 4. The lien of defaulted taxes for the fiscal year 2009-2010, and any subsequent delinquencies. Tax Rate Area: 09165 A. P. No.: 213-263-26-00 Amount to redeem: $32,675.80 Valid through: June 30, 2011 First American Title Insurance Company • Order N.r: NCS-493021-SD Page Number: 4 S. The lien of special tax for the following municipal improvement bond, which tax is collected with the county taxes. District: 2002-1 6. A notice of assessment recorded December 08, 2010 as Instrument No. 2010-0678418 of Official Records, executed by County of San Diego. 7. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 8. Water rights, claims or title to water, whether or not shown by the public records. 9. An easement for avigation and incidental purposes in the document recorded August 11, 1987 as Instrument No. 87-452377 and Instrument No. 87-472299, both of Official Records. The location of the easement cannot be determined from record information. 10. The privilege and right to extend drainage structures, exaction and embankment slopes beyond the limits of highway where required for the construction and maintenance of said highway as conveyed to the City of carlsbad, a municipal corporation in deed recorded December 10, 1992 as Instrument No. 92-0793169 of Official Records. The location of the easement cannot be determined from record information. 11. The terms and provisions contained in the document entitled "Agreement Between Developer- Owner and the City of carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1" recorded December 11, 1998 as Instrument No. 98-0806517 of Official Records. 12. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded February 25, 2003 as Instrument No. 03-0210190 of Official Records. 13. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded March 11, 2003 as Instrument No. 03-0270075 of Official Records. 14. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded March 11, 2003 as Instrument No. 03-0270076 of Official Records. 15. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 01, 2003 as Instrument No. 03-0362107 of Official Records. 16. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No. 14960 of Tract Map For: Landscape maintenance and incidental purposes. Rrst American Title Insurance Company • Order N.r: NCS-493021-SD Page Number: 5 17. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded March 15, 2005 as Instrument No. 05-0210897 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate litle 42, Section 3604( c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 18. The terms and provisions contained in the document entitled "Agreement Regarding Annexation of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carlsbad and Approval of the Levy" recorded March 16, 2005 as Instrument No. 05-0216793 of Official Records. 19. An easement for underground electrical facilities and appurtenances for the transmission and distribution of electricity, underground communication facilities and appurtenances, together with the right of ingress and egress and incidental purposes, recorded April 11, 2005 as Instrument No. 05-0294004 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company As described therein 21. Covenants, conditions, restrictions and easements in the document recorded June 23, 2005 as Instrument No. 05-0528737 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate litle 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 22. An easement for public utilities and incidental purposes in the document recorded September 21, 2006 as Instrument No. 06-0672623 of Official Records. 23. Abutter's rights of ingress and egress to or from Gateway Road, Palomar Airport Road have been dedicated or relinquished on the map of Map No. 15669 of Tract Map recorded January 15, 2008. 24. An easement shown or dedicated on the map filed or recorded January 15, 2008 as Map No. 15669 of Tract Map For: Pubic utility and incidental purposes. 25. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best Management Practice Maintenance Agreement" recorded January 17, 2008 as Instrument No. 08-0023457 of Official Records. First American Title Insurance Company • Order N.er: NCS-493021-SD Page Number: 6 26. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded August 19, 2008 as Instrument No. 08-0445047 of Official Records. 27. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded August 19, 2008 as Instrument No. 08-0445048 of Official Records. 28. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded February 19, 2009 as Instrument No. 09-0081680 of Official Records. 29. This item has been intentionally deleted. 30. Rights of parties in possession. Rrst American Title Insurance Company ' • INFORMATIONAL NOTES Order N.er: NCS-493021-SD Page Number: 7 1. Taxes for proration purposes only for the fiscal year 2010-2011. First Installment: $18.22, PAID Second Installment: $18.22, PAID Tax Rate Area: 09165 APN: 213-263-24-00 2. Taxes for proration purposes only for the fiscal year 2010-2011. First Installment: $18.22, PAID Second Installment: $18.22, PAID Tax Rate Area: 09165 APN: 213-263-25-00 3. Taxes for proration purposes only for the fiscal year 2010-2011. First Installment: $20,163.25, PAID Second Installment: $20,163.25, PAID Tax Rate Area: 09165 APN: 213-263-26-00 (Portion of Bond amount included) 4. Supplemental taxes for the fiscal year 2010-2011 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $-583.00, PAID Penalty: $0.00 Second Installment: $-583.00, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 899-290-37-09 5. Supplemental taxes for the fiscal year 2010-2011 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $-2,356.02, PAID Penalty: $0.00 Second Installment: $-2,356.02, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 899-290-36-90 6. The property covered by this report is vacant land. Rrst American Title Insurance Company • Order N.r: NCS-493021-SD Page Number: 8 7. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded April 09, 2010 as Instrument No. 2010-0175897 of Official Records. From: Chicago Title Company, a California corporation To: Quality Properties Asset Management Company, an Illinois corporation A document recorded October 04, 2010 as Instrument No. 2010-0528881 of Official Records. From: Quality Properties Asset Management Company, an Illinois corporation Gino Roncelli, Trustee of the Roncelli Family Trust, UDT January 28, 1997 To: 8. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 9. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transacton; 4. Requirements which the Company may impose following its review of the above material and other informabon which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A cerbfied copy of the applicabon for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transacton; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A cerbfied copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-1), executed by at least two partners, and a cerbfied copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required Rrst American Title Insurance Company • Order .er: NCS-493021-SD Page Number: 9 herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABIU1Y COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a california limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company • LEGAL DESCRIPTION Order lber: NCS-493021-SD Page Number: 10 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 10 OF CARLSBAD TRACT NO. CT 05-09 BRESS! RANCH, IN THE CITY OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 15669, ALED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, JANUARY 08, 2008. APN: 213-263-24, 213-263-25 and 213-263-26 First American Title Insurance Company • Orde' N.er: NCS-493021-SD Page Number: 11 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use infonmation we have obtained from any other source, such as infonmation obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect Include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Infonmation we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company • EXHIBIT A Order Nler: NCS-493021-SD Page Number: 12 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNlA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULEB EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real Property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any f~cts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. DiscrE!pancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Uflpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following mi3tters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Afly law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defec:ts, liens, encumbrances, adverse claims or other matters: (a) Whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the COmpany, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any c:laim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B • 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereqfter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any Violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Rrst American Title Insurance Company • Order .er: NCS-493021-SD Page Number: 13 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B • 1970 WITH REGIONAL EXCEPTIONS When the Americ:an Land Trt:le Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any f~cts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discr~pancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY • 1970 WITH A.L T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defe<:ts, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, {b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien fur labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY • 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. J. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real pro~rty or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public recol'ds. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE First American Title Insurance Company • Order Nlber: NCS-493021-SD Page Number: 14 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any f)itrcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but oot excluding from C:overage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Polley, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insurEK! mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated 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 operation of feder<~l 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 of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Tax€$ or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easernents, claims of easement or encumbrances which are not shown by the public records. 4. Discrf:!pancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or First American Title Insurance Company • Order lber: NCS-493021-SD Page Number: 15 any parcel ()f which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting fr()m a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of erninent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking wtlich has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liehs, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this polity. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the tran;action creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY· 1992 WITH REGIONAL EXCEPTIONS When the American ~nd Trtle Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, ~ights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by makit'IQ inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are flOt shown by public records. Unpatente<:J mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, m right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIAnON RESIDENTIAL TITLE INSURANCE POUCY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Trtle Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date *the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Trtle Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Trtle Risks 4. Failure to pay value for your title. Rrst American Title Insurance Company r • 5. Lack of a right: Order lber: NCS-493021-SD Page Number: 16 * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 COvered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not limit the coverage described in Covered Risk B.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, B.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the OWner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Uabilitv $10,000.00 $25,000.00 $25,000.00 $5,000.00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIOENTIAL LOAN POLICY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the ocrupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. First American Title Insurance Company • Order .ber: NCS-493021-SD Page Number: 17 (b)Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exduslon does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; {c) resutting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage prOVided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not moclify or limit the coverage provided in COvered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this poJicy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the COmpany will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or {iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under COvered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not moclify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the COmpany by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim1 by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the /len of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under COvered Risk ll(b). First American Title Insurance Company • Order lber: NCS-493021-SD Page Number: 18 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. lS. AMERICAN LAND TinE ASSOCIATION OWNER'S POUCY • 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relab'ng to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY • 2006 WITH REGIONAL EXCEPTIONS First American Title Insurance Company • Order lber: NCS-493021-SD Page Number: 19 When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Trt:le that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title Insurance Company • Site Summary Applications: Project Address: Existing Zone: • Bressi Ranch Master Plan Existing General Plan I Land Use Proposed Land Use: Gross Site Area: Building Area: Lot Coverage: Floor Area Ratio (FAR.): Public Service Agencies Sewer District: Water District: Storm Drain District: Gas & Electric: School District: Landscape Summary Lunch Patios Required (6% floor ar( Interior Lunch Patios Allowed (40%) Open Space Required: Landscaping: Hardscape: Open Deck & Planters: Landscape Parking Area: Building Area First Floor: Second Floor: TOTAL Occupancy: Construction Type: Fire Sprinklered: Parking Required Parking: Office Manufg Storage Tasting Room Parking Provided: Office 1,525 S.F. 2,469 S.F. 3,994 S.F. 411000 2.511000 111000 1011000 TOTAL Planned Industrial Permit (PIP) Conditional Use Permit (CUP) 2750 (verify) Gateway Road Carlsbad, California 92008 • P-C I P-M P-M P-1 P-1 Planned Community Planned Industrial Planned Industrial Planned Industrial 123,928 sq.ft. 2.845 acres xxxx sq.ft. City of Carlsbad Carlsbad Municipal Water District City of Carlsbad San Diego Gas & Electric Carlsbad Unified School District #VALUE! #VALUE! . ' .• ,· .. ' ' Manufg Storage Tasting Room 18,431 S.F. 0 S.F. 18,431 S.F. B,F,S,A3 111-B Yes 3,994 S.F. 18,431 S.F. 11,125 S.F. 3,500 S.F. 37,050 S.F. 10,875 S.F. 1,219 S.F. 250 S.F. 2,281 S.F. 11,125 S.F. 3,500 S.F. 16 spaces 47 spaces 12 spaces 35 spaces 110 spaces TOTAL 32,050 S.F. 5,000 S.F. 37,050 S.F. • A.D.T. Summary Use Office Manufg Storage Tasting Room TOTAL • Standard, 8'-6" x 20': Compact, 8' x 15': Accessible: TOTAL Trip Rate 14/1000 4/1000 2/1000 100/1000 Area 3,994 S.F. 18,431 S.F. 11,125 S.F. 3,500 S.F. 37,050 S.F. • 84 spaces 27 spaces(23%) 5 spaces 116 spaces A.D.T. {Rounded Up) 55.916 56 73.724 74 22.25 23 350 350 501.89 503 ·Notice of Detef!ination To: D Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 - From: CITY OF CARLSBAD Planning Division ____ 163~ Faraday Avenue CrfV () 1. _ , , ~' sbad, CA 92008 J ' " ' (760) 602-4600 JAN ,, 0 -~·~ ~ u l.u it. PLA"''l'l" u· ·'·'P·~:t, T''c.il Hl·~ I U !.. I. - Project No: CUP 11-05 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Bressi Ranch Production Facility Project Title NIA City of Carlsbad, Jason Goff (760) 602-4643 State Clearinghouse No. Lead Agency, Contact Person Telephone Number N. of Gateway Road, S. of Palomar Airport Road, and E. ofEl Fuerte Road, on Lot 10 ofCT 05- 09 within Planning Area 5 of the Bressi Ranch Master Plan (MP 178) [? D [b rn; [Q) -=:---:----c--::---::-~-::---;--.::.::-=~::.:..c::.:..:c::..::c:...::..:cc::..::c.:::....::__c:c::..:.c..:...c._..:.:.:.:...:.:.:.:...:.:.:.:.--:_;__ ______ "!'.nresr:t-tm'"""'uro.. Jr. Re<:order Count~ Cle Project Locations (include County) - Name of Applicant: Gina Marsaglia DEC122011 Applicant's Address: Marsaglia Properties, LLC,P.O. Box 1697, Carlsbad, CA, 92018 BY V Esq~~~~l Applicant's Telephone Number: (858) 481-7332 Project Description: Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and the approval of a Conditional Use Permit to allow a 3,451 square foot restaurant with an 849 square foot outdoor dining area as an ancillary commercial use in a 37,050 square foot production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company. This is to advise that the City of Carlsbad has approved the above described project on December 7, 2011, and has made the following determination regarding the above described project. I. The project will not have a significant effect on the environment 2. An Environmental Impact Report (EIR 98-04) was prepared for this project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition of the approval ofEIR 98-04. 4. A mitigation reporting or monitoring plan was adopted for EIR 98-04. 5. A statement of Overriding Considerations was adopted for EIR 98-04. 6. Findings were made pursuant to the provisions of CEQ A. T · s is to certify that the final EIR 98-04 with comments and responses and record of project a p ova ·sa ilable to the General Public at THE CITY OF CARLSBAD. /l-~-h DON NEU, City Planner Date Date received for filing at OPR: Revised 06/1 0 - FlLED IN THE OFFICE Of THE COUNTY CLERK StnD!eS>CMtyon DEC 1 2 2011 Posted DEC 12 2011 ~---- Rfiu!Ml to agency on IAN 1 9 2012 oeputy V Esquivel DEPARTMENT OF FISH AN E 011 ENVIRONMENTAL lUNG FEE CASH RECEIPT I State of California-The Resource~sy 2 RECEIPT# • SD2011 1066 STATE CLEARING HOUSE #(!rapplicabie) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEAR~ -- LEAD AGENCY DATE CITY OF CARLSBAD lt"rrv 1'\r--,.." ,.,. -~ 12/12/2011 COUNTY/STATEAGENCY OF FILING -· • ~• vn, h-uunu, DOCUMENT NUMBER SAN DIEGO Ol=r 1 t1 ?nH *20110246* PROJECTTITLE PLANNING DI:I"~R TMF.NTI BRESSI RANCH PRODUCTION FACILITY PROJECT APPLICANT NAME I PHONE NUMBER GINA MARSAGLIA 858-481-7332 PROJECT APPLICANT ADDRESS I CITY I STATE ZIP CODE MARSAGLIA PROPERTIES, LLC P.O BOX 1697 CARLSBAD CA 92018 PROJECT APPLICANT (Check appropnate box): 0 Local Public Agency 0 School District 0 Other Special District 0 State Agency IZI Private Entity CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 0 County Administrative Fee 1Z1 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit 0 Check 0 Other _____ _ SIGNATURE X DPLU-RCPT. 208338 07/23/2002 V. Esquivel $2,839.25 $ $2,044.00 $ $850.00 $ $965.50 $ $50.00 $ $50.00 $ ______ _ TOTALRECEIVED $ _____ $_5_0_.0_0_ 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) E.st J. Dronenburg, J.e COUNTY OF SAN DIEGO ASSESSOR /RECORDER /COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92 101-2480 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 Tel. (6 I 9) 236-377 I • Fax (6 I 9) 557-4056 P.O. Box I 2 I 750 • San Diego, CA 92 I I 2-I 750 Tel. (6 19)237-0502 • Fax (619)557-4155 LOJ I I Transaction #: 262028820 111 212 Deputy: VESQUIVE PLANN NG Dt:t-'AR 1 ENT Location: COUNTY ADMINTSTRA TION BUILDING 12-Dec-2011 15 :32 FEES: 50.00 Qty of I Fish and Game Filing Fee for Ref# II 0246/ I 066 ------ 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED 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 Applications • Frequently Asked Questions (FAQs) • Grantor/ Grantee Index • Fictitious Business Names Index (DBAs) • Property Sales • On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents ICI;-:·· ·~_)] I OEC 0 1 2011 PROOF OF PUBLICATION (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 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 North County Times Formerly known as the Blade-Citizen 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 Escondido, 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-wit: November 25'" , 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California Jane Allshouse NORTH COUNTY TIMES Legal Advertising -i' " ,, ... ,;~-- • • ·~ (~~CiTY OF . ~CARLSBAD FILE COPY II· ;!I· If Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 7, 2011, to consider a request for the following: CASE NAME: CUP 11-05-Production Facility at Bressi Ranch PUBLISH DATE: November 25, 2011 DESCRIPTION: Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and the approval of a Conditional Use Permit to allow a 3,451 square foot restaurant with an 849 square foot outdoor dining area as an ancillary commercial use in a 37,050 squijre foot production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company, on property generally located north of Gateway Road, south of Palomar Airport Road, and east of El Fuerte Street, on Lot 10 of CT 05-09 within Planning Area 5 of the Bressi Ranch Master Plan and the Local Facilities Management Zone 17. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php?view id-6 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 Jason Goff in the Planning Division at (760) 602-4643, Monday through Thursday 7:30a.m. to 5:30p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, 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. o 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 DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • PALOMAR AIRPORT RD ,_ ., w Do ,_ [] "" w ::> u. ..J w \) SITE DD GATEWAYRD // • N NOT TO SCALE Production Facility at Bressi Ranch CUP 11-05 - -(1.1\~ ,,Jl\Oril NoncEIPUBLicHEARING-ciTYoFTsBAo FlLr: COt'r Response must be received by: December 6, 20 II Public Hearing Date: ----==-=-D~ec,e"'m.,b.,e"-r--'7-'::"'2-"-0=II'-::-----:c=-::c::--=:=--=--=-cc-:-::-=--=-----:---------------­ Public Hearing Place: _1,_,2,0,_0_,C"-A"-RL"""'S"'B"-A"'D'--V-'-'-'IL""L"-A"-'G"-'E"-D=RI"-V'-'E"'-'C"-A-"R"'L"'S"'B"-A-"D"'--"C"-A-"L""IF'-'O"'R"'N'-'-"IA"'--'9"'2""00"-'8'------------ Public Hearing Time: --"-6,:0,0"'-".m""-. ---------------------------------- Project Title: Bressi Ranch Production Facilitv Lead Agency: CITY OF CARLSBAD-PLANNING Contact Person: -~J"'a"'so,.n,:G"-"off"-------------- Street Address: 1635 FARADAY A VENUE Phone: '-(7'-'6"'0.L:) 6,0,.2~-4"'6"'4"-3 --=------:----::-=-=-::-::--=-:--:-::-=:------ City: CARLSBAD Zip: _,9_..20""0,8____ County: SAN DIEGO COUNTY ......................................................................................................................................................................... PROJECT LOCATION~ County: SAN DIEGO COUNTY City/Nearest Community: ,.C"-IT'=Y'-"O"'F"'C"'-A'-'R'-'L"'S'-'B!.!:A>.!D!..,--,--------------- Cross Streets: Gateway Road and El Fuerte Street Total Acres: .-:-c---::-----"2'-".8'--:-:---::----:-=---------- Assessor's Parcel No. 213-263-24 -25 -26 Section: N/A Twp. N/A Range: N/A Base: N.._,_,/A_,_ ________ _ Within 2 Miles: State Hwy #: N/A Waterways: :------:"'N"'/A"'-:: ___ -::c_ Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Carlsbad Unified ..................................................................................................................................................................................................................................... ENVIRONMENTAL DOCUMENT: CEQA: D NOP D Supplement/Subsequent D Early Cons [ZI EIR (Prior SCH No.) _ __,SC"'H'-'#"-'9"'9""04,1"'0.!!10'---------- D Neg Dec D Other:------------------ 0 Draft EIR LOCAL ACTION TYPE: 0General Plan Update D 0General Plan Amendment D 0General Plan Element D Ozone Code Amendment [Zi DEVELOPMENT TYPE: 0Residential: Units Specific Plan Master Plan Planned Unit Development Site Plan Ooffice: Sq. Ft. -"'3,_,9cc95"------- Dcommercial: Sq. Ft. -~3c.:4"'5"-l ______ _ 0Industrial: Sq. Ft. _ _,2,z9..;6,0,c5 ______ _ 0Recreational: .............................................................................................................................. PROJECT ISSUES DISCUSSED IN DOCUMENT: [ZiAestheticNisual D D Rezone [ZI Use Permit D Land Division (Subdivision, Parcel Map, Tract Map, etc.) Acres _____ _ Acres------Acres _____ _ Acres _____ _ D Schools/U n i versi ties D Annexation D Redevelopment D Coastal Permit D Other: D Water Quality 0Agricultural Land D Flood Plain/Flooding Forest Land/Fire Hazard Geological/Seismic Minerals D Septic Systems D Water Supply/Ground Water 0Air Quality D 0Archaeological/Historical D Ocoastal Zone D 0Drainage/Absorption D 0Economic/Jobs D 0Fiscal D Noise Population/Housing Balance Public Services/Facilities Recreation/Parks ................................................ Present Land Use/Zoning/General Plan Use Vacant I P-M I PI ........................................... Project Description: D 0 D D D D Sewer Capacity D Wetland/Riparian Soil Erosion/Compaction/Grading 0 Wildlife Solid Waste D Growth Inducing Toxic/Hazardous [ZI Land Use Traffic/Circulation D Cumulative Effect Vegetation D Other: 3,451 square foot restaurant with an 849 square foot outdoor dining area as an ancillary commercial use in a proposed 37,050 square foot production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company Mail notice to: San Diego County Clerk of the Board of Supervisors, Public Notice Hearings, Mailstop A-45, Room 402, 1600 Pacific Highway, San Diego, CA 9210 I Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April2011 • CERTIFICATION I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONT AINES THE NAMES, ADDRESSES AND PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN: 213-263-24,25,26 600FT. RADIUS DATED 06/30/11 R~~LL • • ,, / / 91U6 1 !l@)!l !lll46 .. 6ij .. SHT 3 ---.. &QID( \g7 SHT 3 PALOMAR AIRPORT RD 10 2.,AC g SHT 2 ------.. Ro-31.50.90 • 72 • 11 G'> ~ ~ 2.3 AC ~ 12 ~ 2.9 AC • SAN IJEGO COUNTY ASSESSOR'S NAP SHT 4 OF 5 ~ 213-26 1" = 200' 12/01/09 ARS l>ooon-"'""'"" fh ll/) From: 21J-121 ...,HANc;. 1-t ;s 9.X Pt1IOII APN NEW APN WI CIJT IIG 2BJ I 1/IIIJ 8 116 17 08 PGJIJ 07 245 0211111J05 ~! 07 5868 01 TH/ltJ 07 1191/IIIJ20 119 01 17 .. 18 211HIIJJ2/i 10 IJIJ RC 1* NO ACCESS 2• 40-FOOT ACCESS ----------t~:M-rJ.ArPP"15669-CARLSBAD TCT CT 05-09 BRESSI RANCH _j • I 09 ~ ii I!! I ! ~ ) -- i i i b fP~~-- t2Q.01 z i i 72 !. ® \ ~ " I ;!i < C> ~ ~ I ~ ~ 8 ~ ~ ::E.l!i ~, G}; ~ 1\1.1 ! SHT 4 l!i \ PAR 1 % @ ... Ia ~ i >' !!I I I g!! I i ~ ~ • ~ 15 • ~ )---@ -=S~H~T~3~------------------------------------~~ SHT 3 i .r --~~~~~~=~--------~ 1 01 filii Ill @ ® .. i! " 18 .. ~~ t•7.91 11~91 @) ll ~ ll ~ ,. ~ ~ w i ~ .....I ~ ® ~ 9f.91 "' Ill sls AC l'l 14 i!l 11~ @ "' ~ ® I \ 12,01 @ SHT 2 ~ l! A • S02'11'10"r 44.72 8 -IU1'28'29'f &llll C-b2TIJ 11.1'1 ~ ! ~ 102.81 IIIJ772 ® 3 SHT 1 • SAN llEGO oo.tiTY ASSESS!RS IIAP t 213-30 {'ILl< 1" = 100' 12/01/2010 I<JA ¢ .._. D<""ll>' s..M r,..a1J-26J HANc; b.;;:::; /lJ( PRJJRAPN IUN'W Iff cur II(), J(}() Q17WIIJI5 07 2<5 15 IHil 09 1552 1• PEDESTRIAN & VEHICULAR ACCESS EASEMENT MAP 15492-CARLSBAD TCT CT 05-07 BRESS! RANCH _j 09 g 0 I Ol ~ @ SHT 2 @ SHT I ~ ~ED\EGO COUNlY SSOR'S MAP BOOK 209 PAGE 08 SHT 3 OF 4 H 7.&7 PM 156!12 ll!I'J.H .t'llt.• t .,. @ 4.92 AC PAR 2 • ® 2.02AC ~~ ""-R B .... fl' \ .-·1··· ,.>---~--·-· -;--~ / 23 • NO "BS.H r-1-: PALoMAR \ \\I! \~ \ \ \ \ @ 10.44 AC ~ ® SHT 4 38 ~1 l@ 3.12AC PAR A 1 I ....-- @ 3.72 AC 32 @ 13.29 AC ,.oe$-....-- 33 t2t\ QV • " "' il "' ....--~ ....--.. • 209-08 SHT 3 OF 4 04130107 J ../ AM CHANGES @ 8 SHT 1 BLK 01 D NEWIYRCUT ors tJ/f fl 17 (4j" ~I r<ia 2?J<. ' IZ-~1•• • iii •• ··- 11<8 16 98 1171 1-3 17&18 99 1948 17&16 19&20 01 2099 1 9&20 21 &22 04 1762 22 ~~~p 04 5626 @ 1 SHT 3 NOTE: ALL ACREAGES PER RECORD MAP MAP 10372 C ROS 16348 -ARLSBAD TC"t NO 74~21 I ! 1!!1 I ~ ; i i i I I I ;!i 2i ~ 1!1 I ~ !:! I Ill i i ... 1!1 I ~ I ~ ~ 0 I ., ~ ., 0 ~ ill ia ' g ! --- 09 @ SHT 6i1 SHT 3 6i) SHT 2 @ OPEN SPACE 10.96 AC • ···-·~·A.!Q!!-!f>!E "A"···-··· OPEN SPACE OPEN SPACE • B. 2o.WfAc am ~ SHT 1 am ~ SHT 4 ~ ~ SHT 3 • \ @ SHT 4 A.-N68'32'40"W B.-R•3083 C. -N81, 0'58"E OPEN • 42.67 83.04 42.71 SPACE ~ 04 98.8 AC ... -.~.A~!-!~E "A" ... -... SAN DEGO CWtTY ASSESSa!'S MAP t 213-12 ~~T=2 ~:a. 3 03/24/05 MO -., BAl<AlJ "' DJ0 '"'"' 21.HJJIJ "'HA 1\l(. t< :s fiX 1'111111 APN IDN'II 1!1 aJT/10 121 I 1111111 IH 62 J PC 18 OS .. I :7,'1 06 17 1° SEE REC MAP FOR 8RGS am \gl SHT 1 MAP 14600-CARLSBAD TCT CT 00-06 BRESSI RANCH _j • • ( \ \ \ \ \ ' " @~ SHT 2 i 09 I ~ @! I ; ;5 • i li ,._ ;[j j I .If 19 I "' JB.~AC 0:: ~ ~ 15 ~ ~ ~ ~ I ~ SHT 2 ~ SHT 3 "' OPEN SPACE ~ \!l @ i;l ~ ~ ~ !ll i i ,..: ~ I ~ SHT 1 DETAIL "B" -1"=40' -I ~ I ~ ~ ~ • I ' i 79 SEE DETAIL "B" PAR 3 §> 12. AC 418.02 ~ N89'20'2.rtl QETAIL "A" -1"-40' SHT 2 • SM CIEGO COONTY ASSESSal's NAP SHT 3 OF 3 ~ 213-12 1" = 400' fiJ.__ 01/21/11 DEP -· MlMll /It: JGR0 lfom: 21J-OJO ...-HANG ..~:!;!:::) /II)( PIIJM /I'll NEW /I'll .. CVTIItJ 122 OITIIIJJIJ6 04 61 01 ~r'~ Oli " 01 P616 IJ6 15 IH ~": IJ6 w lll.t1J6 Sffr/ IJ6 - OJ P615 IJ6 IJ6 07 TIIIJJ 10 07 OB.tOB II 08 II 11.t IJ IS I~ I~ .tiJ " II " >ffrl II A N89'46'59"E B R=570 C N85'1 3'01 "W D R•600 71.77 49.74 34.68 52.36 161 1105 1671 1579 RC 1124 - MAP 14600-CARLSBAD TCT CT 00-06 BRESS! RANCH _j • 6 O.~AC @ SHT 1 A-1.~C ----\.--::: >~~<.---"':/ TOWN GARDEN RD @ SHT 1 • ~ SHT 3 cfu 0.56 AC A 2.'/?Ac POR 4 (27) 1.1'1Ac @ 1.33 AC A l.~AC • @ SHT 2 7 ® 3.90 AC BRESS I 69 SHT 3 • SAN DIEGO COUNIY ASSESSal'S WAP t 213-19 SHT 2 OF 4 1" = 100' 01 /14/201 0 AJR Of .t 02 OJ 7ffRIJ 06 08 lnJ OJ THRU 06 07 .t 08 08 1688 08 09'1'HRt116 09 21 Ol. f2 4 fJ fl 7HRY 22 09 1661/ 19 THRU 22 25 .t 26 ra 1101 11 tf 18 21 10 12!J9 MAP 15689-CARLSBAD TCT CT 06-24 BRESS! RANCH COMMERCIAL MAP 14800-CARLSBAD TCT CT 03-03 BRESS! RANCH _j OlD • • • • • ATTACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on ID /-;.o (u (DATE) fl SIGNATURE: ?~~ , PRINT NAME: __,_P._;e.=-+~4/""__::_:__B>:::....::u_:5_:S:......e:::.._:_f-_t-,___ PROJECT NUMBER: ..!.P..!.I.:..P__:I:._l-_0_l _ __:c....:.u...!p---=.W _. '-=~~ RETURNTO: --~~~_;~:....__~~--~~·~l _______ ___ P-21 (Planner) CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue Carlsbad, CA 92008-7314 Page 4 of 6 Revised 07/10 I • • FILE COPY Planning Division www.carlsbadca.gov EARLY PUBLIC NOTICE PROJECT NAME: Production Facility at Bressi Ranch PROJECT NUMBER: CUP 11-05/PIP 11-01 This early public notice is to let you know that a development application for a Planned Industrial Permit (PIP) and Conditional Use Permit (CUP) within your neighborhood has been submitted to the City of Carlsbad on August 15, 2011. The project application is undergoing its initial review by the City. LOCATION: The project site is located on a vacant 2.8-acre lot generally located north of Gateway Road, south of Palomar Airport Road, and east of El Fuerte Street next to the Spectrum Flex office park. PROJECT DESCRIPTION: The project proposes to develop a 37,050 square foot production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company; and includes a Conditional Use Permit (CUP) to allow Pizza Port to operate a 3,451 sq. ft. restaurant with an 841 sq. ft. outdoor dining area as an ancillary use to its production and distribution facility. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Jason Goff, Associate Planner at jason.goff@carlsbadca.gov, 760-602- 4643, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. I ® City of Carlsbad Production Facility at Bressi Ranch PIP 11-01 I CUP 11-05 N A 0 300 600 -------c:::::==========:::::J Feet Map created by the City of Carlsbad GIS. P~rt~ons of . the DERIVED PRODUCT contain geographiC mformat1on copyrighted by SanG IS. All Rights Reserved Pizza Port Revised Exterior Elevations Smith Consulting Architects 08/03/2011 11008.5 • , ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: P,cil IS, U>l\ (To be completed by City) Application Number(s): !!..1.\r 1\-0S" {?IP 1\-o \ General Information 1. Nameofproject: }"'jZ.()DtJC-f!Okl FACIL-11'{-~I IZAJ..JC.Jt 1.--l>T I'D 2. Name of developer or project sponsor: MA~?A&UA. f~p~~t liZ:'? 1 L.-L--C. Address: f • 0 · Q. O)( I G:> q I City, State, Zip Code: c.A~k<?P.I.A01 cA <j.zo I[!)"'------ Phone Number: 9G &-4-hl-'1~?:2-- 3. Name of person to be contacted concerning this project: ff:~IZ.. ~l)<;;Sii: t+-, 1 t --L.-~Miff\ aJI-lSUt.-fitJ6AlZC,I E'-1'7 Address: \'2:2'2 0 EL-CAMHJO ~hL ++4-0D City, State, Zip Code: 'SA~ l>I~OO 1 CA 4'21 :PO Phone Number: El.11 !2 -I q? -+-rn 4. Address of Project: -----~e,~/'.:J,f'-!E::::_:_:IN::_:A~Y-1-..J&=D::__ ________ _ Assessor's Parcel Number: '2, I? -.:Z (0~ ... :Z4 Z~ 'Z ~ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: c rty Df-cAJLLG&AJ): P.l. P. 1 C. tJ. p.) 13-U\L-Dlllb ~IC~I"I 6. Existing General Plan Land Use Designation: __:_P_-_,I.,__ ___________ _ 7. Existing zoning district: __,__P_-C-~/'----'f'_-_:_}11._:_ _______________ _ 8. Existing land use(s): _ __:P_·__:I.=--------------------- 9. Proposed use of site (Project for which this form is filed}: __ -Pfa-0 ()II Cfl ll J...l t=Ac l \....\ t~ Ue+\1 !IJNs--\-~IAl..--~1\))li.Jb ~o~ ~VL-~ 1=-oo() 1-'IZ-E::PAIZ-AtiOkJ ~ ~~l<:rt. 1312-EWtNC? Project Description 1 0. Site size: 1.. • <b 41; t.l C. / I '2-~' q '2-~ -;;-P-~ . 11. Proposed Building square footage: --=~:.1--'--1---/ --=0=--S-"-=O_<;;--'----'r __________ _ 12: Number of floors of construction: __ ..!'2"-------------------- 13. Amount of off-street parking provided: _I:_I:_~.::__:_P\_v-\o__:__>__:_P_"-..::C..::~::_:_<;; _______ _ 14. Associated projects: _.!:IJ'-f-Lf>..:!.... __________________ _ P-1(D) Page 2 of 4 Revised 07/10 15. 16. 17. 18. 19. P·1(D) • ) If residential, include the number of units and schedule of unit sizes: --"j,J"+/_,_,..._;_ ____ _ I If commercial, indicate the type, whether eighborhood, city or regionally oriented, square footage of sales area, and loading facilities: -"''+-""----------------- If industrial, indicate type, estimated employment per shift, and loading facilities: ----- 1....1 GftT lfJDIJ<;;tf2-IAl_.... f'IZ..Ot>UC.ttotJ PACII.Aty fOIZ-A ~GIOI'J.AL- ~"'tAVrz.A~t cf.\.A\JJ 1 Wltf.\ '311;oo ~~-f-t. t>r9181JAf~t:> A~ , • to%t'~~F~~-ff~ ~!~-f~ltW!fl;-i;::~Wit_~~.EMPI-)HtFt: If institutional, indicate the major function, estimated employment per shift, estjrrJated occupancy, loading facilities, and community benefits to be derived from the project: _ _.IJ'+'!.h'-"-----1 If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ----------------- "tl-1~ 1~-:;-tlljb FO~ tz..(:-i¥Ult.:z..r~ A COIJDttlOrJAL u~e:_ P~rttW\t-1 )o op~tz.A~ At; A ~tz~c;fAVJZ.Jo.IJT" IIJ -tH~ P-M -z.o IVf:./ "7V~J~Lf +o A f'I,..AU IV IIV b COMN\ISS !010 Hf:,o.J2.If.!l6 PRO~.;;;; 9. Page 3 of 4 Revised 07/10 • ' Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No 0 ~ 0 181 0 ~ 0 181 0 181 0 ~ 0 ~ 0 181 0 ell 0 181 0 18! 0 ~ 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information. presented are true and correct to the best of my kno~_dl~ a~d belief. A Date: Sb I Cf ltl Signature: ~ !fnn.4J For: s-~1tlt eel.!> II L i IIJb A lUI\ ltEct~ P-1(0) Page 4 of 4 Revised 07/10 ----------- • PROJECT NAME: Production Facility -Bressi Ranch Lot 10 Environmental Setting Responses 32. The site was built to its current sheet-graded pad configuration when the Bressi Ranch Corporate Center was constructed in approximately 2005-2006, and has remained vacant to this day. It was hydroseeded and has been seasonally mowed to a patchy grassy stubble. Existing improvements consist of a storm drain inlet and de-silting basin, and a portion of the driveway that is shared with the industrial condominium development that abuts the west property line. The site is not landscaped except for some turf, ground cover, shrubs and trees occurring within the public Right of Way along Gateway Road at the south property line, and in the 50 ft. landscape setback along Palomar Airport Road at the north property line. The east property line abuts two similar vacant sheet graded lots. Soils consist of moderately expansive material with nominal bearing capacity suitable for the proposed building. No plants, animals or cultural and historical attributes are found on the site. The proposed building is designed to capitalize on the southerly canyon views and southwesterly vistas of hilly residential neighborhoods, south of Gateway Road. 33. Surrounding properties consist of an existing 3-year-old industrial condominium development with one-and two-story concrete buildings to the west, Gateway Road and an open space canyon to the south, two vacant never-developed P-M zoned lots to the east and Palomar Airport Road to the north. The site is approximately 1/4 mile east of a gas station and community retail center. • • Discretionary Review Checklist PROJECT NUMBER: CUP 11-05/ PIP 11-01 BUILDING ADDRESS: 2750 Gateway Rd - Bressi Ranch Lot 1 0 PROJECT DESCRIPTION: -~P~ro~d~u::.::c~tio:::!n.!...F~a~c:::ili:!ltyLC(..=B:!.:re:c.:w::.::e::..ryu)_ ASSESSOR'S PARCEL NUMBER: 213-263-24,25,26-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: /) D 'f· "~ Date: 10/19/11 DENIAL Please see the attached report of deficiencies marked with 1:&:1. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: Date: By: --------Date: By: --------Date: FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Deputy Fire Marshal ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 6024665 1 ST(I! 2ND~i 3RDr;1 0 D D • • REVIEW CHECKLIST SITE PLAN 1. Access: ll!f Fire Department access inadequate. Fire access road in accordance with CMC 17.04.010 shall be provided and unobstructed width of24 feet, and an unobstructed vertical clearance or "clear-to-sky" around all four sides of the proposed structure unless approved by the Fire Code Official. li1l Dead-End access. Dead-end streets, aisles and driveways in excess of 150 linear feet shall be constructed in such a manner that fire apparatus can maneuver to reverse direction on the road. Or must provide appropriately designed turn-around. li1l Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather" surface material, designed to carry a minimum load of 75,000 pounds axel weight. li1l Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT 1. Hydrants Additional on-site public water mains and fire hydrants are required. li1l Relocate proposed F.H. in Northeast corner to ~ 5'0" behind face of curb, or provide bollard posts to prevent mechanical damage. LANDSCAPE 1. Distance form structure or building to brush. li1l Delete any plants or trees from within six-feet of any fire hydrant or backflow prevention (Double-detector-check-valve assy.) device. Instead indicate that a PCC pad shall be provided under or around each of these devices that extends 36-inches from the outside edge of the base flange in all directions. FIRE SPRINKLERS 1. An automatic fire sprinkler system is required for this project designed to NFPA 13: Ordinary Hazard Group 2 with a minimum design density of .30/3000dl li1l Provide a room that is accessible from the exterior for the fire sprinkler riser. This room may also contain the Fire Alarm control panel, and is preferred that the roof access ladder or second ladder also be located in this room. • • CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS .E~ DATE: OCTOBER 4, 2011 FINAL REVISED PLANS INCLUDED 0 TO: [8J LAND DEVELOPMENT ENGINEERING-TERIE ROWLEY I~ ~'":Y. 0 POLICE DEPARTMENT-J. SASWAY U [gj FIRE DEPARTMENT-GREG RYAN 0 BUILDING DEPARTMENT-WILL FOSS 0 RECREATION-MARK STEYAERT [gj LANDSCAPE PLAN CHECK CONSULTANT-PELA 0 PARKS/TRAILS-LIZ KETABIAN 0 M & 0-CMWD-STEVE PLYLER *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): CUP 11-05/PIP 11-01 PROJECT TITLE: PRODUCTION FACILITY-BRESSI RANCH LOT 10 APPLICANT: SMITH CONSULTING ARCHITECTS Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 10/24/11. If you have "No Conditions", please so state. Please note thattime is ofthe essence, as the staff report preparation has begun. If you have any questions, please contact JASON GOFF. at 602-4643. THANK YOU h · COMMENTS:_____cS::....:.,~f+i1gf4---0.::....:~_M __ o.JJ..i,----=.:.·/-w_n.J __ ~ __ ___:_' -=rl~<;.i<_;·'-'~=-- o.-\VuY 8 ~ Co~~ r c: File Request for Conditions 05/11 .. , (t~ CITY OF ~·CARLSBAD • • Memorandum October 11, 2011 To: From: Jason Goff, Project Planner Tecla Levy, Project Engineer Subject: CUP 11-05/ PIP 11-01-PRODUCTION FACILITY AT BRESSIN RANCH LOT 10 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 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 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. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 3. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans or grading plans, whichever occurs first. 4. The developer shall provide proof of a recorded private reciprocal access agreement with the adjacent property owner to the west. Community & Economic Development-Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 5 -, CUP 11-05/ PIP 11-01 PR.CTION FACILITY AT BRESSIN RANCH .. lO Fees/ Agreements 5. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 6. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 7. 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 prior to the issuance of a grading permit or building permit, whichever occurs first for this project. 8. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 9. 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 prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 10. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 11. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 12. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection Page 2 of 5 -. CUP 11-05/ PIP 11-01 PR,UCTION FACILITY AT BRESSIN RANCH IT 10 fees per the city's latest fee schedule. 13. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan {SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped {pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 14. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan {SWMP) compliance with storm water requirements to the satisfaction of the city engineer. 15. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design {LID) facilities. Dedications/Improvements 16. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Onsite public potable water lines and appurtenances as shown on the site plan. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 17. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than SOO. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Page3of5 CUP 11-05/ PIP 11-01 PR.CTION FACILITY AT BRESSIN RAN CHIT 10 Utilities 18. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 19. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 20. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 21. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 22. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 23. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 24. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. 25. The developer shall provide separate potable water meters for each separately owned unit within this subdivision .. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 26. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site map are for planning purposes only. Page 4 of 5 • • October 6, 20 II TO: FROM: RE: Jason Goff, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review-2nd Review Production Facility at Bressi Ranch, CUP 11-05, PIP 11-01 Gateway Road PELA file: 437. Production Facility at Dressi Ranch Con2 Landscape Architect: Ridge Landscape Architects, Phone: (949) 387-1323 Tt is recommended that the following condition be added to the project: I. Pennisetum setaceum shall be replaced with a non-invasive plant species on the landscape plans as approved by the Planning Director. • • CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS DATE: OCTOBER 4, 2011 FINAL REVISED PLANS INCLUDED D TO: 0 LAND DEVELOPMENT ENGINEERING-TERIE ROWLEY D POLICE DEPARTMENT-J. SASWAY D FIRE DEPARTMENT-GREG RYAN [;gl BUILDING DEPARTMENT-WILL FOSS D RECREATION-MARK STEYAERT 0 LANDSCAPE PLANCHECK CONSULTANT-PELA D PARKS/TRAILS-LIZ KETABIAN D M & 0-CMWD-STEVE PLYLER *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): CUP 11-05/PIP 11-01 PROJECT TITLE: PRODUCTION FACILITY AT BRESSI RANCH LOT 10 APPLICANT: SMITH CONSULTING ARCHITECTS Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 10/24/11. If you have "No Conditions", please so state. Please note that time is ofthe essence, as the staff report preparation has begun. If you have any questions, please contact JASON GOFF. at 602-4643. THANK YOU COMMENTS:_....:...f/'O _ __:_CtJJ,u__::__:_fYl_~:...;__..:...:750L._ ___________ _ Date c: File Request for Conditions 05/11 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: AUGUST 15, 2011 PROJECT NO(S): CUP 11-0S/PIP 11-01 PROJECT TITLE: PRODUCTION FACILITY@BRESSI RANCH APPLICANT: SMITH CONSULTING ARCHITECTS TO: ['8] Land Development Engineering-Terie Rowley D Police Department-J. Sa sway ['8] Fire Department-Greg Ryan ['8] Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque • REVIEW NO: 1 --=----1 D Water/Sewer District ['8] Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 09/05/2011. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing. please immediately contact the applicant and/or their representatives !via phone or e-mail) to let them know. Thank you coMMENTS :---'S=t(,,!:,~::z;tl7u...!..J.IL:____,aJJ1/.""'-"'-":f'.:.LTLJ'/('-"tl'-"c:;"-f.-"'r (//IJ:!:....:.._....t.t4....:'c.A-PJ::::...:..:c.:...._....:1ZJ'-"<--'If.=-'ti"-I:...:C-:.::P._,_VItl"...:..~o<6-__ _ Z>t l/ r s r ~ AriZ I" tA'fN /Lt....sz/1 ezv ,. Z/h~nat~ Date PLANS ATIACHED Review & Comment 05/11 .. . ~ <~~ CITY OF ~·cARLSBAD • • Memorandum August 24, 2011 To: From: SUBJECT: Jason Goff, Associate Planner Tecla Levy, Associate Engineer CUP 11-05/ PUP 11-05 -PRODUCTION FACILITY AT BRESSI RANCH, APN 213- 263-24, 25 & 26 Engineering Department staff has completed the first review of the above application for completeness and has determined that the application is incomplete. Additional items of concern maybe identified upon review next submittal. Prior to next submittal, it is suggested the following items are adequately addressed: I Incomplete Items: 1. The City of Carlsbad SUSMP dated January 14, 2011 requires priority projects to mitigate peak flows and durations based on a pre-project condition lower flow threshold of 0.1Q2 unless channel screening, assessment and analysis are conducted to show that the downstream receiving conveyance systems have low susceptibility to erosion. Please provide a channel screening analysis based on a "hydromodification screening tool" procedure developed by Southern California Coastal Water Research Project (SCCWRP) and a critical shear stress calculations from the San Diego's BMP Sizing Calculator. The SCCWRP results are compared with the critical shear stress calculator results from the San Diego's BMP Sizing Calculator to establish the appropriate threshold of 0.1Q2 (high susceptibility) , 0.3Q2 (medium susceptibility) or 0.5Q2 (low susceptibility). (See attached sample SCCWRP analysis). 2. A reciprocal access agreement will be required prior to project approval. The preliminary title report by First American Title Insurance Company dated June 20, 2011 does not indicate any recorded reciprocal access agreement for the shared access between lot 10 and lots 1-9 as shown on Map 15669. The CC&R recorded July 31, 2007 as document 2007- 0510735 indicated on sheet AS1 of the preliminary site plan only applies to the adjacent development, lots 1 through 9 of Map No. 15669. I Engineering Issues 3. Extend the proposed waterline to the eastern property boundary to provide for future waterline loop to serve future development of adjacent properties. 4. Move water service location towards the end ofthe proposed waterline to maintain water quality in the interim condition. ,------------------------------------------------------------, • CUP 11-05/ PUP 11-05 • • August 24, 2011 Page 2 of 2 5. Provide an update soils letter from the soil's engineer providing design recommendations for the proposed stormwater infiltration facilities. 6. Show location of the proposed recycled water service for on-site landscape irrigation. 7. The proposed earthwork quantities must include remedial grading quantities per section 8.1.5 of the soil's report (page 9). 8. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler systems, etc.). 9. This review does not constitute a complete review of the proposed project and additional items of concern may be identified upon review of subsequent submittal. 10. Please comply with all other comments in the redlined check prints, preliminary SWMP, hydrology report, and soils report. 11. Please submit the following documents in the next review submittal: a) Revised preliminary grading plan b) Revised SWMP and hydrology report d) 1" review redlined plans and reports cc: Engineering Project File r---------------------------------------------------------------------• • August 24, 20 II TO: FROM: RE: Jason Goff, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review -Conceptual Review -I'" Review Production Facility at Bressi Ranch, CUP 11-05, PIP 11-01 Gateway Road PELA file: 437-Production Facility at Bressi Ranch -Coni Landscape Architect: Ridge Landscape Architects, Phone: (949) 387-1323 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. I. Please show the proposed public utility easement and relocate trees outside of this easement. 2. Please outline the areas oflandscape maintenance responsibilities (private, common area/homeowners' association, City, etc.). 3. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and screen/soften new improvements. Landscaping shall be used to accentuate and enhance architecture. Please provide tall evergreen trees along the east and west sides of the building to soften and enhance the building elevations. 4. Please provide a detail of the proposed fence indicating the proposed materials and height. 5. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street comers within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. In addition to the requirement above, on collector streets and greater, Cal Trans Sight Distance Standards shall apply to the height restriction stated. Please revise the sight lines and adjust plantings as appropriate. Trees may remain if the Engineering Department approves and the tree canopy is above the sight line. 6. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. 7. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. Please add trees as appropriate in areas where they are missing. 8. If a landscaped island is provided between double rows of parking, the island shall provide a minimum of 4' oflandscaping clear of vehicle overhangs. Please revise the • Production Facility at Bressi Ranch Conceptual Plan Review • August 24, 20 II Page2 landscaped islands as appropriate to meet Landscape Manual requirements.(See attached Appendix E-1) 9. For office/industrial projects that are required by the City to provide outdoor employee eating areas, these areas shall be shown on the landscape/landscape construction plans picturing all amenities including but not limited to site furniture, trash receptacles, and picnic tables. Please show all amenities as appropriate. I 0. Please include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the City of Carlsbad's Water Efficient Landscape Regulations. l understand that construction drawings are to be prepared in compliance with those regulations and the Landscape Manual. I certify that the plans will be prepared implementing those regulations to provide efficient use of water." Please insure that all requirements of the water use ordinance are met. The ordinance may be found at the following web site: http://library. municode.com/index.aspx0clientld=16245&stateld=5&stateName=Californ ill under Title 18. 11. Please revise the Eto to 4 7. 0 or provide documentation supporting the use of a different number. Since recycled water will be used, all areas will be considered a Special Landscape Area (SLA). With all areas included as a SLA, the Estimated total Water Use (ETWU) will be the same or equal to the MAW A. Please revise calculations as appropriate. 12. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored or hatched water use plan) on the next submittal. WHEELSTO~ / li •I tt==. =:I:!' ~ -1-f.lj I 't ~ ~PLANTING AREA~ -=--_9 _ _!' ---=---== ---;:t -~ 2.<S' I! ·I I I " :t=:==:a; • • MIN. DIM. 5' A -END PARKING ISLAND LANDSCAPE (parking on one side) 6' 8 -INTERIOR LANDSCAPE ISLAND (parking on both sides) 4' C-PLANTING STRIPS (w/no car overhang) 9' D -PLANTING STRIPS (w/car overhang of 2 1/2 feet) PARKING LOT DIAGRAM CDeANNUAL REVIEWeifEET 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 FlLE). PROJECT INFORMATION CASE NAME: Production Facility-Bressi Ranch'-'L""o"-'t--'1'""0 __________ _ CASE NUMBER(S): =C=U..._P_...ll..._-=05"-------------------- APPROVING RESO NO(S). ""'68241"------------------ PLANNER COMPLETING REVIEW: Jason Goff'-', A~ss""o""cr,·a"'te=-P'-'l""a"-'n"-'ne"'r'-------- PROJECT HISTORY Does project have a code complaint history? If yes, check those that apply and explain below. IS) Code Enforcement D Police DYes Comments (include corrective actions taken and date compliance obtained): IS) No D Fire Prevention While no Code Enforcement case was ever officially filed; Community Legal Advisors, representing the Spectrumflex Owners Association, filed written complaint with the Planning Division on October 10,2013 regarding a parking issue on their site caused by Pizza Port's overly successful restaurant operations. According to the letter, during peak restaurant operations, spillover traffic is overburdening the Spectrumflex parking field. City staff in cooperation with the Pizza Port owners, worked to resolve the issue by restriping Gateway Road along the frontage of these two properties in order to accommodate 67 new on-street public parking spaces. This design and installation was financed entirely by Pizza Port. As of the date of this annual review, no further complaints have been received regarding this issue. Q: '-CE D '-PLANNING'-ADMI N'-TEMP LA TES'-MC UPANNUALREVIEWSHEET 03/13 • • REVIEW INFORMA Has the permit expired? D Yes Date of review: December 13, 2013 D No Permit expires: December 7, 2021 *CURRENT APPLICANT INFORMATION: Name: Smith Consulting Architects Phone: (858) 793-4777 Contact name (if different): Peter Bussett Address: 1220 El Camino Real, Suite 200, San Diego, CA 92130 E-mail: peterb@sca-sd.com (optional) *CURRENT OWNER INFORMATION: Name: Marsaglia Properties, LLC Phone: (760) 845-6107 Contact name (if different): Gina Marsaglia Address: P.O Box 1697, Carlsbad, CA 92018 E-mail: Does project comply with conditions of resolution(s) and approved plans? IZJ Yes D No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action( s) to be taken: Date planner completed follow-up review and confirmed project compliance: ormation must be updated for annual review to be complete. Q:'\CED'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 03/13 • Mark T. Guithues, Esq. Edward W. Bums, Esq. Melissa L. Rodriguez, Esq. Michael J. Alti, Esq. www.attomeyforhoa.com • Attn: Don Neu, Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 • ~ ..... COMMUNITY LEGAL ADVISORS INC. ASSOCIATION LAW FROM A MANAGER'S PERSPECTIVE October 10, 2013 Via email." planning@carlsbadca.gov and Via USPS-First Class Mail Re: Pizza Port Restaurant & Production Facility-Violations of CUP 11-05 Our Client: Spectrumflex Owners Association, Inc. File No. 4252 Dear Mr. Neu: We represent the Spectrumflex Owners Association, Inc. (the "Association"). The Association manages the common area of the commercial project in the Bressi Ranch area of Carlsbad that was approved pursuant to Tract Map CT 05-09. The purpose of this letter is to notify you that the Pizza Port Restaurant and production facility ("Pizza Port") developed by Marsaglia Properties, LLC ("Marsaglia") and located at 2730 Gateway Road, have been both grossly exceeding its approved parking allowances and overburdening the Association's parking facilities, in violation of CUP 11- 05. Accordingly, we respectfully ask that you promptly investigate and take immediate and substantive action to ensure Marsaglla's full compliance with the conditions of CUP 11-05. The City's Planning Commission approved CUP 11-05 by adopting Resolution No. 6841 on December 7, 2011. As stated in the resolution, the Planning Commission found that "the site design accommodates all required parking on-site• and that the project complied with all of the parking regulations of CMC Chapter 21.44. It doesn't. Pizza Port has been greatly exceeding its on-site parking and consistently overburdening the Association's parking facilities, to the determent of the Association's members and their invitees. This has been a consistent and regularly occurring problem since the day of Pizza Port's grand opening. On many evenings, as many as 50 Pizza Port patrons would be found parking on the Association property. The Association has been working in good faith to resolve this matter directly with Marsaglia, but no acceptable resolution has been reached. We understand that the violation of the conditions of Resolution No. 6841 grants the City the right to revoke prior approvals, record a notice of violation against the property and, where necessary, institute litigation. Moreover, Condition No. 15 of the resolution states that the "permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met." Finally, Condition No. 14 requires the Planning Director to review compliance with CUP 11-05 and determine if all the conditions of the CUP have been met. 27156 Burbank, SuHe 100 Foothill Ranch, caJ~omla 92610 I 949.379.6888 f 949.916.3805 1155 SportfiSher Dr., SuHe 120 Oceanside, caJWornle 92054 1780.529.5211 1760.453.2194 3111 Camino Del Rio N., Sulle400 San Olego, C.Jifomla 92108 t 619.327.9026 f 760.453.2194 • • Attn: Don Neu, Planning Director City of Carlsbad Planning Department October 10,2013 Page2 • The Association desires to maintain a good relationship with Marsaglia, however, the continued overburdening of the Association's parking facilities is unacceptable. Therefore, as Marsaglia is in violation of the conditions of CUP 11-05, we respectfully request that you take immediate and substantial action to get their vehicles out of our parking lot. If the City meets with the same success as has the Association, we request the City revoke the prior CUP approval, record a notice of violation against the property and, if necessary, institute litigation. Please call if you have any questions. Sincerely, LEGAL ADVISORS INC. MTG:Ieb cc: Board of Directors . .... • "'-. i CUP.NNUAL REVIEW seEET 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 CASE NAME: Production Facility-Bressi Ranch Lot 10 CASE NUMBER(S): "'C-"'U"--P-"'-11~-0""5'------------------ APPROVING RESO NO(S). ~68~4~1 _______________ _ PLANNER COMPLETING REVIEW: Jason Goff, Associate Planner PROJECT HISTORY Does project have a code complaint history? 0 Yes [8] No If yes, check those that apply and explain below. 0 Code Enforcement 0 Police 0 Fire Prevention Comments (include corrective actions taken and date compliance obtained): Project is still under construction. No occupancy has been granted. Q:'\ C ED'\ PLANNJNG'\ADM IN'\ TE M PL.A TES'\ MC U PANNUALREVIEWSHEET 02/11 .~ . r..------.-R~E-V~I~EW-I~N-F_O_R_M~A~T~IO-N~.~-----......., Has the permit expired? D Yes Date of review: December 5, 2012 D No Permit expires: December 7, 2021 *CURRENT APPLICANT INFORMATION: Name: Smith Consulting Architects Phone: (858) 793-4777 Contact name (if different): Peter Bussett Address: 1220 El Camino Real, Suite 200, San Diego, CA 92130 E-mail: peterb@sca-sd.com (optional) *CURRENT OWNER INFORMATION: Name: Marsaglia Properties, LLC Phone: (760) 845-6107 Contact name (if different): Gina Marsaglia Address: P.O Box 1697, Carlsbad, CA 92018 E-mail: gina@pizzaport.com (optional) Does project comply with conditions of resolution(s) and approved plans? 0 Yes C8J No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Project is still under construction. No occupancy has been granted. Corrective action(s) to be taken: Date planner completed follow-up review and confirmed project compliance: S:;;::E!f-> .... ~ ~ T1~~l';naru~ *Applicant and owner information must be updated for annual review to be complete. Q:'\CED'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 02/11 _,§~_A CITY OF VcARLSBAD Planning Division March 1, 2012 • Smith Consulting Architects Attn: Peter Bussett 12220 El Camino Real San Diego, CA 92130 • LJ FILE www.carlsbadca.gov SUBJECT: NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS (NOISE FORM #2) CUP 11-05/PIP 11-01-BRESSI RANCH PRODUCTION FACILITY Dear Applicant: Please find the enclosed Notice Concerning Aircraft Environmental Impacts, which needs to be signed, notarized, and returned for recordation. This is to fulfill condition of approval No. 19 of Planned Development Permit 11-01 dated December 8, 2011. Please ensure the following items are addressed prior to returning the Notice Concerning Aircraft Environmental Impacts: ./ Correct Notary Acknowledgement Required (Effective Januarv 1. 2008, all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) . ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice Concerning Aircraft Environmental Impacts recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, Cl..;;:o~ Associate Planner c: CEO Senior Management Analyst 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 . . ·~ ~cARLSBAD • u FILE Planning Division www.carlsbadca.gov December 8, 2011 Peter Bussett Smith Consulting Architects 12220 El Camino Real San Diego, CA 92130 PLANNED INDUSTRIAL PERMIT SUBJECT: PIP 11-01-PRODUCTION FACILITY AT BRESSI RANCH The City has completed a review of the application for a Planned Industrial Permit for the development of Lot 10 ofCT 05-09located in Planning Area 5 of the Bressi Ranch Master Plan. The project includes development of a 37,050 square foot two-story multi-tenant industrial shell building, 118 parking spaces, and 2,224 square feet of employee eating area. The industrial shell building will function as a production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company. The floor plans divide the space into three separate suites (Suites A, B, and C). Pizza Port will initially occupy Suite A (23,573 sq. ft.), which will consist of an 18,373 sq. ft. ground floor and 5,000 sq. ft. second floor. The remaining single-story Suite B (6,846 sq. ft.) and Suite C (6,613 sq. ft.) total 13,477 sq. ft. and will be leased as spec until Pizza Port is able to expand its operations into these two areas. It is the Planning Director's determination that the project is consistent with the City's Planned Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and policies. The Planning Director, therefore, approves this request based on the following: Findings: I. That the site indicated by the Planned Industrial Permit (PIP 11-01) is adequate in size and shape to accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required by Chapter 21.34 in that the project site as designed and conditioned will accommodate the multi-tenant industrial shell building; is consistent with the Bressi Ranch Master Plan, and all required setbacks, parking standards, landscaping requirements, and other amenities required by the applicable City regulations and development standards. 2. That the improvements indicated on the Planned Industrial Permit (PIP 11-01) are located in such a manner to be related to existing and proposed streets and highways in that the 37,050 sq. ft. multi-tenant industrial shell building does not require any additional access points to the site other than those already approved within the Bressi Ranch Industrial Area and approved in accordance with City Engineering Standanls. T 760-602-4600 F 760-602-8559 ® PIP 11-0L--PRO,DUCTIO-ACILITY ATBRESSIRANCH December8,·20il '; . , . .;..-_ .-.. -',} .. --' Pa e 2 3. That the improvements as shown on the Planned Industrial Permit (PIP 11-01) are consistent with the intent and purpose of the Planned Industrial zone and all adopted development, design and performance standards as set forth in Chapter 21.34 in that the proposed development consists of a 37,050 sq. ft. multi-tenant industrial shell building, which conforms to the building height, setbacks, lot coverage, and design criteria of the Planned Industrial (P-M) Zone (Chapter 21.34 of the Zoning Ordinance) and the Bressi Ranch Master Plan (Industrial/Office Development Standards & Design Guidelines). 4. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes ofCEQA); [15168( c)(2) and (e)]; and/or b. this project is consistent with the Master Plan cited above; and c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City Council on July 9, 2002 in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f. The Planning Director finds that all feasible mitigation measures or project alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 5. That the Planning Director finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, in that the proposed development consists of a 37,050 sq. ft. industrial shell building for multi-tenant industrial uses located within the P-M Zone, which implements the Planned Industrial (P-1) General Plan Land Use Designation applied to the property. 6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, ' PIP 11-01-PRODUCTIO~ACILITY AT BRESS! RANCH • December 8, 2011 Pa e 3 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 17 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. d. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.128.020 and Landscape Manual Section I B). 8. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport (adopted on April 22, 1994 and amended on October 4, 2004) in that the Federal Aviation Administration (FAA) completed an aeronautical study under the provisions of the Code of Federal Regulations, Part 77, (issued November 18, 2011), which resulted in a determination that proposed project does not exceed obstruction standards, would not be a hazard to air navigation, and no special lighting or markings on the buildings are necessary for aviation safety. Furthermore, where Suites B and C of the project are impacted by the Flight Activity Zone, all assembly areas defined as Group-A by the 2001 California Building Code is limited to a maximum occupancy of 100 persons. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the property is located outside of the 60 dB(A) CNEL contour. 9. That the Planning Director has reviewed each of the exactions imposed on the Developer contained in this letter, and hereby fmds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading or building permit, whichever occurs first. 1. Approval is granted for Planned Industrial Permit (PIP 11-01) as shown on Exhibits "A"-"M", dated December 7, 2011, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. PIP 11-01-PRODUCTIO.ACILITY AT BRESS! RANCH • December 8, 2011 Pa e4 2. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses). 3. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; record a notice of violation on the property title; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Planned Industrial Permit. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 5. Developer shall comply with all applicable provisions offederal, state, and local laws and regulations in effect at the time of building permit issuance. 6. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Goverrunent Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Planned Industrial Permit, (b) City's approval or issuance of any permit. or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. • PIP 11-01-PRODUCTIO-ACILITY AT BRESS! RANCH • December 8, 2011 Pa e 5 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. I 0. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. II. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Industrial Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning PIP 11-01 -PRODUCTIO .. ACILITY AT BRESS! RANCH • December 8, 2011 Pa e6 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 17. No outdoor storage of materials (excluding the 2 grain silos) shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 19. Prior to the issuance of building or grading permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Division). 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 21. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances and requirements. 22. All assembly areas in Suites B and C, defined as Group "A" by the 2001 California Building Code, shall be limited to a maximum occupancy of 100 persons. This restriction applies to all permitted uses, ancillary uses, and uses allowed by Conditional Use Permit. 23. Pennisetum setaceum shall be replaced with a non-invasive plant species on the Final Landscape Plans as approved by the Planning Director. Engineering: General 24. 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. 25. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. • PIP 11-01-PRODUCTIO~ACILITY AT BRESS! RANCH • December 8, 2011 Pa e 7 26. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans or grading plans, whichever occurs first. 27. The developer shall provide proof of a recorded private reciprocal access agreement with the adjacent property owner to the west. Fees/ Agreements 28. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 29. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 30. 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 prior to the issuance of a grading permit or building permit, whichever occurs first for this project. 31. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. I and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 32. 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 prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 33. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 34. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 3 5. Prior to the issuance of grading permit or building permit, whichever occurs first, PIP 11-01-PRODUCTIO.ACILITY AT BRESSI RANCH • December 8, 2011 Pa e 8 developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 36. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 37. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP) compliance with storm water requirements to the satisfaction of the city engmeer. 38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements 39. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Onsite public potable water lines and appurtenances as shown on the site plan. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 40. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to • PIP 11-01 -PRODUCTIO. ACILITY AT BRESS! RANCH • December 8, 20 II Pa e 9 truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Utilities 41. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe district engineer. 42. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 43. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 44. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 45. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 46. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 47. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. 48. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. Code Reminders 49. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 50. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 51. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 52. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PIP ll-Ol-PRODUCTIO~ACILITY AT BRESSI RANCH • December 8, 20 II Pa e 10 53. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 54. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.1 0 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site map are for planning purposes only. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3 .32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions, please call Jason Goff at (760) 602-4643. Sincerely, ~(£~ CHRIS DeCERBO Principal Planner CD:JG:bd c: Roncelli Family Trust (VDT 1-28-97), 330 W. Duarte Road, Monrovia, CA 91016 Marsaglia Properties, LLC, P.O. Box 1697, Carlsbad, CA 92018 DonNeu Michele Masterson Tecla Levy Chris DeCerbo Data Entry/DMS File Copy • December 14, 2011 Smith Consulting Architects Attn: Peter Bussell 12220 El Camino Real San Diego, CA 92130 • SUBJECT: NOTICE OF RESTRICTION-CUP 11-05/PIP 11-01 -PRODUCTION FACILITY AT BRESSI RANCH Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Conditional Use Permit (CUP 11-5) and Planned Development Permit (PIP 11-01 ). Please ensure the following items are addressed prior to returning the Notice of Restriction: -' Correct Notary Acknowledgement Required (Effective Januarv 1, 2008, all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) -' Document must be properly notarized. -' Name on signature page and name on Notarial Acknowledgement must match. -' Property owner's signatures/initials must be the same as on Notary Acknowledgement. -' Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light). -' Include property owner's name in the designated space above the owner's signature. -' Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, 4.;0~ Associate Planner c: CED Senior Management Analyst File Copy _,§~A_ CITY OF VcARLSBAD Planning Division December 8, 2011 Peter Bussett Smith Consulting Architects 12220 El Camino Real San Diego, CA 92130 • PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CUP 11-05-PRODUCTION FACILITY AT BRESSI RANCH • 1\h&cl 1?) {\ J ", Fll.E CCII~ r' www.carlsbadca.gov At the December 7, 2011 Planning Commission meeting, your application was considered. The Commission voted 6-0-1 to approve your request. The decision of the Planning Commission will become final on December 17, 2011. The time within which judicial review of this decision must be sought is governed 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 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, 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 contact your project planner Jason Goff at (760) 602-4643 or jason.goff@carlsbadca.gov. Sincerely, ~~ DON NEU, AICP Planning Director DN:JG:bd c: Gino Rocelli, The Rocelli Family Trust (VDT 1-28-97), 330 W. Duarte Road, Monrovi, CA, 91016 Gina Marsaglia, Marsaglia Properties, L.L.C., P.O. Box 1697, Carlsbad, CA, 92018 Data Entry File enc: Planning Commission Resolution No. 6841 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 .--------------------------- (f) Mail Pro<;essing Cenl Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 11/18/2011 Jon Ohlson Smith Consulting Architects 12220 El Camino Real ste. 200 San Diego, CA 92130 • Aeronautical Study No. 2011-A WP-6553-0E Prior Study No. 2011-A WP-4559-0E **DETERMINATION OF NO HAZARD TO AIR NAVIGATION** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: Building Pizza Port Production Facility Carlsbad, CA 33-07-43.00N NAD 83 117-15-00.60W 426 feet site elevation (SE) 38 feet above ground level (AGL) 464 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is( are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 05/18/2013 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. Page I of3 This determination is based, in p.on the foregoing description which inc.s specific coordinates , heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOT AM) can be issued. As soon as the normal operation is restored, notifY the same number. If we can be of further assistance, please contact our office at (817) 838-1993. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2011-A WP-6553-0E. Signature Control No: 151565722-153819537 Joan Tengowski Technician Attachment(s) Map(s) Page 2 of3 (ONE) -PO Map for ASN 2011-A WP-6553-- Page 3 of3 _,§~~CITY OF VcARLSBAD Planning Division November 15, 2011 Smith Consulting Architects Attn: Peter Bussell 12220 El Camino Real San Diego, CA 92130 • • SUBJECT: CUP 11-05/PIP 11-01-PRODUCTION FACILITY AT BRESSI RANCH FILE COPY www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, November 23, 2011, 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 November 29, 2011. A twenty (20) minute appointment has been set aside for you at 10:30 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps. photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Jason Goff at (760) 602-4643. [)t DON NEU, AICP City Planner DN:JG:sm c: File Copy Tecla Levy, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ---------- 4~_A. C I T Y 0 F • • N\ r~CJa1 10[20: l) VcARLSBAD LJ FILE Planning Division www.carlsbadca.gov October 24, 2011 Peter Bussett Smith Consulting Architects 12220 El Camino Real San Diego, CA 92130 SUBJECT: CUP 11-05/PIP11-01 -BRESSI RANCH PRODUCTION FACILITY - 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 that the project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously Certified EIR 98-04 for the Bressi Ranch Master Plan (MP 178). No additional environmental review is required. A Notice of Determination will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk one (1) week prior to the Planning Commission hearing date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Jason Goff, at (760) 602-4643 or jason.goff@carlsbadca.gov. Sincerely, DON NEU, AICP Planning Director DN:JG:bd c: Gino Rocelli, The Rocelli Family Trust (VDT 1-28-97), 330 W. Duarte Road, Monrovi, CA, 91016 Gina Marsaglia, Marsaglia Properties, L.L.C., P.O. Box 1697, Carlsbad, CA, 92018 Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry ® d~_A.. C I T Y 0 F VcARLSBAD • • DFILE Planning Division www.carlsbadca.gov October 24, 2011 Peter Bussett Smith Consulting Architects 12220 El Camino Real San Diego, CA 92130 SUBJECT: CUP 11-05-BRESSI RANCH PRODUCTION FACILITY Your application has been tentatively scheduled for a hearing by the Planning Commission on December 7, 2011. However, for this to occur, you must submit the additional items listed below. If the required items are not received by November 15, 2011, 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) 11 copies of the full plan set on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One reduced BW' x 11" copy of the full plan set. These copies must be of a quality which is photographically reproducible. 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, including all forms of interval ownership, 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-If the number of owners within the 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit 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: Arial11 pt, Aria I Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CUP 11705-BRESS! RANCH ~DUCTION FACILITY October 24, 2011 • Pa 2·· ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE {with APN) 209-060-34-00 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 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. In the case of ownership list that is 1,000 or greater, the fee is equal to the current cost of publishing an 1/8 page ad in two newspapers of general circulation_ Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, o~ '4.../V"Yf/r----' JASON GOFF Associate Planner JG:bd Attachment c: File • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITIED 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:------------- _J(~.A,_ C I T Y 0 F VcARLSBAD Planning Division October 24, 2011 Peter Bussett • Smith Consulting Architects 12220 El Camino Real San Diego, CA 92130 • FILE Cur~ www.carlsbadca.gov SUBJECT: 2nd REVIEW FOR CUP 11-05/PIP 11-01 -PRODUCTION FACILITY AT BRESS! RANCH LOT 10 The items requested from you earlier to make your Conditional Use Permit and Planned Industrial Permit, application nos. CUP 11-05 and PIP 11-01 complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date 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. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Jason Goff, at (760) 602-4643, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602- 2733. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661. Sincerely, ~]&(;t CHRIS DeCERBO Principal Planner CO:JC3:bd c: Gino Rocelli, The Rocelli Family Trust (VDT 1-28-97), 330 W. Duarte Road, Monrovi, CA, 91016 Gina Marsaglia, Marsaglia Properties, L.L.C., P.O. Box 1697, Carlsbad, CA, 92018 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Greg Ryan, Fire Prevention Will Foss, Building Official Michael Elliott, PELA File Copy ~ Data Entry w-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 I ., • • SmithConsu tingArchitects October 3, 2011 Jason Goff City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: Dear Jason: Applicant Response #1 CUP 11-05/ PIP 11-01 Production Facility-Bressi Ranch Lot 10 RECEIVED OCT 0 3 2011 CITY OF CARLSBAD PLANNING DIVISION Thank you for your review of the Production Facility-Bressi Ranch Lot 10 CUP/PIP applications. This letter accompanies the first re-submittal which addresses the List of Items Needed to Complete the Application and Issues of Concern in Chris DeCerbo's letter dated August 30, 2011. We believe that our responses and drawing revisions will address and resolve the issues identified by staff. Our numbered responses correspond to numbered issues in the city's letter. We also revised the Project Description I Explanation to provide additional information related to the proposed tasting room, which is considered "restaurant" use. Please do not hesitate to contact us at any time regarding this information, and we will respond to your questions in a timely manner. Sincerely, 112.20 El Camino Real Suite2oo San Diego, CA 92130 858-793-47n 85&793-4787 Fax i . '• • • CUP 11-051 PIP 11-01 Production Facility-Bressi Ranch Lot 10 October 3, 2011 Page 2 PROJECT DESCRIPTION I EXPLANATION (Revised) [CUP 11-051 PIP 11-01] -Continued- PROJECT NAME: Production Facility-Bressi Ranch Lot 10 OWNER NAME: Marsaglia Properties, LLC APPLICANT NAME: Marsaglia Properties. LLC The project is a 37,050 square foot industrial building on Bressi Ranch Lot 10 that will function as a production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company. As an accessory use, Pizza Port proposes to operate a restaurant that will serve food and beer produced on the premises. The project includes surface parking, landscaping and outdoor eating patios. The building consists of a 32,050 square foot ground floor and a 5,000 square foot second floor. Pizza Port will initially occupy the entire second floor and 18,573 square feet on the ground floor. The remaining 13,477 square feet on the ground floor will be leased as spec until Pizza Port expand$ its operations into these adjoining spaces. Lot 10 was mass-graded on approved Bressi Ranch Final Map CT 02-15 and is located south of Palomar Airport Road, north of Gateway Road and east El Fuerte Street in the Bressi Ranch Master Plan Planning Area 5. The current lot configuration and number is based on CT 05-09 I final map 15669. The proposed site layout, building design, floor areas and manufacturing, storage and support office u$es are in conformance with the Bressi Ranch Master Plan MP 178. The project requires a Planned Industrial Permit (PIP); and the tasting room component is considered to be a restaurant which requires a Conditional Use Permit (CUP) to operate in the P-M zone. Environmental compliance is established by way of EIR 98-04, which is on file in the City of Carlsbad Planning Department. Design Issues Narrative 1 . Site Layout & Design The site plan has been designed to implement the design guidelines of the Bressi Ranch Master Plan (MP-178). The site plan orients the building close to Gateway Road and allows the building to become the dominant visual element of the site, while the parking areas are moved to the sides and rear of the building where their visual impacts are mitigated. It accommodates pedestrian circulation from Gateway Road and across the site, and creates a plaza area for outdoor dining. 2. Architecture The Pizza Port production facility utilizes a composition of contrasting paint colors, offset wall planes with angular shapes for visual interest, painted steel canopies at building entries, and grey tinted glazing in white window frames, representing a nautical image befitting the company name. The building design meets the BRMP requirement to highlight primary building entries through massing. A cornice detail and 8 foot deep cantilevered shade canopy reinforce the importance of the primary entry. At two places, accent wall panels with a cast-in grid pattern create additional interest via texture, color and vertical emphasis. Colored perspective drawings are provided for staff to better understand the building design. • • CUP 11-051 PIP 11-01 Production Facility-Bressi Ranch Lot 10 October 3, 2011 Page 3 -Continued- The production facility will house brewing & canning operations, produce bulk quantities of dough and other ingredients for Pizza Port's restaurants, and afford training opportunities for Pizza Port restaurant staff. Mechanical equipment will be located on the roof and screened by the parapets. Other manufacturing equipment will be located in an exterior walled yard attached to the rear of the building. The project design also highlights two grain silos near the Pizza Port entry, to add character and a neighborhood identity to this unique facility. Grain deliveries will arrive periodically, and the site design accommodates parking out of any fire lanes. 3. Conditional Use The project's primary use as a beer and food production I storage I distribution facility is allowed by right in the P-M zone. This application requests approval of a CUP to allow Pizza Port to operate a 3,451 square foot restaurant with a 849 square foot outdoor Eating Plaza. This overall 4,300 square foot restaurant area is parked at 10 spacesl1 ,000 square feet, is directly related to the primary use, and is desirable for the development of the community and in harmony with various elements and objectives of the General Plan and Bressi Ranch Master Plan. This use is not detrimental to existing uses or to uses specifically permitted in the P-M zone. The site is adequately sized to integrate this use with other uses in the neighborhood and to provide the development features prescribed for the P-M zone and Bressi Ranch Master Plan. The restaurant component will consist of two bars and seating areas, with one on the ground floor and one on the second floor. Pizza Port will obtain a type 23 ABC license (Small Beer Manufacturer.) The restaurant will provide a relaxed atmosphere for patrons to enjoy a variety of menu items and tap selections ("grub and grog"), for eat-in or take-out. The menu will include beer and non-alcoholic beverages, pizza, salads, appetizers and ice cream made fresh at the facility, and may include product prepared by trainees. Restaurant accommodations will include barstool seating along bars and counters, but most patrons will be seated at picnic tables. The largest of the two tasting rooms, on the second floor, will be used for a variety of functions including Pizza Port employee meetings, private receptions, seasonal group meetings, banquets and facility tour-group gatherings. The restaurant will operate daily from 11 am to midnight. Pizza Port will open the facility with approximately 20 employees, and may expand to 35 employees by the end of the first year of operations. 4. Building Height The building height is determined by the highest point of the roof plane, located at 28' -0" from the ground floor(28' -4" from grade). Parapets generally extend above the roof plane to 31 '- 0"-32'-0" height, and at two places, feature walls extend as architectural protrusions to a height of 38'-4" from grade. 5. Existing Driveway The 40 ft. wide driveway is existing, and is shared with the adjacent industrial condominium project. A Grant of Parking Easement and Reciprocal Access Easement is being executed by the property owners. • • CUP 11-05/ PIP 11-01 Production Facility-Bressi Ranch Lot 10 October 3, 2011 Page4 -Continued- Applicant Responses to List of Items Needed to Complete the Application 1. The design of the on-site bioretention facilities has been modified to mitigate peak flows being released from the site at the lower-flow threshold of 0.102 (versus the 0.502 previously used), as directed by staff via emails and meetings with the Applicant's civil engineer. The revised PIP drawings indicate larger-sized bioretention systems to accommodate this "most- conservative" lower flow threshold to satisfy the minimum requirements of the City of Carlsbad SUSMP, for PIP-stage approvals. However, the Applicant reserves the right to further assess downstream channel conditions by performing a channel screening analysis, as developed by SCCWRP and accepted by the City's Hydromodification Management Plan, to determine if a higher lower flow threshold (0.302 or 0.502) is feasible for the site. This analysis will be performed and completed prior to the submittal of Precise Grading Plans for the construction of the proposed Production Facility, and detailed in the Storm Water Management Plan submitted for final approval prior to construction permits being issued. 2. Attached is a draft of a Grant of Parking Easement and Reciprocal Access Easement that was prepared to: a. Correct the failure of the Spectrum Flex CC&Rs to grant rights over Lot 10 for parking in the small parking lot adjacent to Spectrum Flex Lot 8; b. Correct the failure of the Spectrum Flex CC&Rs to grant ingress and egress rights across Lot 10 from Gateway Road; and c. Grant Lot 10 ingress and egress rights over SpectrumFiex Lot 9 using the common drive aisle that straddles the property line. Once signed and recorded, this should address the City's concerns related to the pending development of Lot 10. Applicant Responses to the Issues of Concern Planning: 1. Aeronautical Study: We have obtained an FAA Determination of No Hazard for this project. A copy is attached. 2. The FAZ limit line is plotted and labeled on the site plan. 3. The restaurant use is labeled as 'Restaurant' on the floor plans and in the project information on sheet AS1. 4. The Project Description is updated to include information about the proposed restaurant use. 5. The floor plans now indicate conceptual table and chair layouts for the restaurant areas. 6. The project data on Sheet AS1 indicates 3,451 sq.ft. Restaurant+ 849 sq.ft. Eating Plaza = 4,300 sq.ft. The project requires 40 parking spaces plus 1 space /50 square feet of gross floor area in excess of 4,000 square feet, for a total of 46 parking spaces. The project provides 43 spaces for this use. 7. Outdoor eating area calculations are provided at each suite on the AS1 Site Plan drawing. A 485 sq.ft. outdoor Eating Patio for use by Suites Band C is provided at the northeast corner of the site. An additional 849 sq.ft. outdoor eating area for Suite A is labeled Eating Plaza. • CUP 11-05 I PIP 11-01 Production Facility-Bressi Ranch Lot 10 October 3, 2011 Page 5 • -Continued- B. This resubmittal has addressed staffs redline comments. The red-lines are being returned with this resubmittal. Landscape: Please refer to the project landscape architect's written responses and modified drawings. The red- lines are being returned with this resubmittal. Engineering: Responses to the engineering review comments have been incorporated into the revised drawings. The geotechnical engineer's update letter is included. The red-lined drawings and reports are being returned with this re-submittal. END K:l/2011filesl11 008. S!Admin/PIP/FirstResubmitta/ .. , • • RESPONSE LETTER (TO COMMENTS DATED 8/30/11) Date: To: From: Project: September 29, 2011 Michael Elliott (PELA), City of Carlsbad's Landscape Architect Ron Stark, Ridge Landscape Architects Production Facility at Bressi Ranch Lot 10-CUP 11-05/PIP 11-01 Landscape Architectural Review -1st Review R I D G E LANDSCAPE ARCHITECTS Please find below plan check comments and responses. 1 . Please show the proposed public utility easement and relocate trees outside of this easement. Response: Public utility easement has been indicated on the Preliminary Landscape Plan and trees have been relocated outside of easement. 2. Please outline the areas of landscape maintenance responsibilities (private, common area/ homeowners' association, City, etc.). Response: A Maintenance Note has been added to the Preliminary Landscape Plan (at lower left) indicating who is responsible for the landscape areas. 3. Landscape consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and also to screen/soften new improvements. In addition, landscaping shall be used to accentuate and enhance architecture. Please provide tall evergreen trees along the east and west sides of the building to soften and enhance the building elevations. Also, in the area east of the loading bay and dock, please provide tall evergreen trees and shrubs in a manner to assist in visually screening this area from Palomar Airport Road (see design criteria of the Bressi Ranch Master Plan). Response: Tall evergreen trees (Brisbane Box and Water Gum) have been added along the east and west sides of the building. Tall evergreen trees (Water Gum) and shrubs (Golden Abundance Mahonia and Upright Rosemary-both about 6' high) have been provided east of the loading dock. 4. Please provide a detail of the proposed fence indicating the proposed materials and height. Response: A detail of the proposed patio fence has been added to the Preliminary Landscape Plan (at upper right). 5. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. In addition to the requirement above, on collector streets and greater, Cal Trans Sight Distance Standards shall apply to the height restriction stated. Please revise the sight lines and adjust plantings as appropriate. Trees may remain if the Engineering Department approves and the tree canopy is above the sight line. Response: The 25' driveway line-of-sight and Cal Trans Sight Distance lines have been added to the plans. The only landscape element within the sight lines is turf grass and (2) existing street trees. These trees have canopies above the sight line. 8841 RESEARCH DRIVE, SUITE 200 IRVINE, CA 92618 TEL 949.387,1323 FAX 949.387.1303 WWW.RIDGELA.COM LIC #LA2809 ... • • Page 2 of 2 6. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. Response: A note has been added to the Preliminary Landscape Plan (at lower left) stating that the required utility screening will be provided on the landscape construction drawings. Light poles have been shown and trees have been kept clear. 7. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. Please add trees as appropriate in areas where they are missing. Response: Additional trees have been added within the parking areas to meet this requirement. 8. If a landscaped island is provided between double rows of parking, the island shall provide a minimum of 4' of landscaping clear of vehicle overhangs. Please revise the landscaped islands as appropriate to meet Landscape Manual requirements. (See attached Appendix E-1 ). Response: Landscape islands have been modified to meet minimum width requirements. 9. For office/industrial projects that are required by the City to provide outdoor employee eating areas, these areas shall be shown on the landscape/landscape construction plans picturing all amenities including but not limited to site furniture, trash receptacles, and picnic tables. Please show all amenities as appropriate. Response: Amenities have been indicated on the Preliminary Landscape Plan. 10. Please include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the City of Carlsbad's Water Efficient Landscape Regulations. I understand that construction drawings are to be prepared in compliance with those regulations and the Landscape Manual. I certify that the plans will be prepared implementing those regulations to provide efficient use of water." Please insure that all requirements of the water use ordinance are met. The ordinance may be found at the following web site: http://library.municode.com/index.aspx?clientld=16245&stateld=5&stateName=California under Title 18. Response: Statement has been added to Water Conservation Plan (at lower right). 11. Please revise theE to 47.0 or provide documentation supporting the use of a different number. Since recycled water will be used, all areas will be considered a Special Landscape Area (SLA). With all areas included as a SLA, the Estimated Total Water Use (ETWU) will be the same or equal to the MAW A. Please revise calculations as appropriate. Response: Calculation have been revised on the Water Conservation Plan. 12. Please RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored or hatched water use plan) on the next submittal. Response: (2) copies of all plans have been included. 8841 RESEARCH DRIVE, SUITE 200 IRVINE CA 92618 TEL 949.387.1323 FAX 949.387.1303 WWW.RIDGELA.COM LIC #LA2809 • EXCEL ENGINEERING 440 State Place • Escondido, CA 92029 October 3, 2011 Tecla Levy Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 • LEVIN & DENTINO INC. D.B.A. EXCEL ENGINEERING (760)745-8118 • Fax (760)745-1890 Project: Production Facility at Bressi Ranch Lot 10-PIP 11-01/CUPll-05 Attention: Ms. Tecla Levy We have reviewed and responded to plan check comments dated August 30, 2011. The following is a response to those comments: ENGINEERING COMMENTS I. The waterline has been extended to the eastern property line. 2. Water service has been moved to the east per request. 3. An impermeable membrane is included in the design to stop water from infiltrating near the building. 4. The recycled water service meter is shown on Gateway drive. 5. Remedial quantities have been added per the Soils report recommendations. 6. Met with Greg Ryan to discuss line sizing, DDCV and hydrant locations. 7. Noted. 8. The SWMP issues are as follows: a. We have modified the method of sizing the Hydromodification facilities per our correspondence with you and Jeremy Riddle and the County of San Diego. We are now using 0.1 Q2. b. We have modified the DMA Map and added a BMP Exhibit to further detail the measures being applied to the site as well as further detail (more clearly this time) the locations of new impervious surfaces, new landscaping, new pervious concrete, and the IMPs. c. We have revised the Bioretention calcs to show the updated DMAs d. We have removed the spreadsheet IMP sizing (no longer using LID= 0.04 x Sizing Factor) and instead have utilized the Biofiltration +Vault function on the BMP Calculator to determine the required treatment area AND volume for storage. e. We have removed the BMP Calculator outputs from using the "pond" function. This will be reintroduced at final design to show a more detailed sizing of the detention basin/gravel pit. At this time, the Biofiltration +Vault function shows the required volume (ample information for PIP stage). Please call me with any questions you may have. Thanks. -Andrew Van Loy 10/3/11 1:17 PM Q:\11111 034\Documents\1 st-PIP Plan Check Response1 0-3-11.doc • • September 20, 2011 Project No. I 0713700 I Ms. Gina Marsaglia Grain to Grain 135 North Highway 101 Solana Beach, California 92705 Subject: Response to City of Carlsbad Review Comment Pizza Port Restaurant Bressi Ranch Business Park, Lot I 0 Carlsbad, California Reference: Ninyo& Moore, 2011, Geotechnical Evaluation, Proposed Pizza Port Restaurant, Bressi Ranch Business Park, Lot I 0, Gateway Road, Carlsbad, California: dated August 12. Dear Ms. Marsaglia: In accordance with a request from Mr. Pete Bussett of Smith Consulting Architects, this letter has been prepared to address the comments from the City of Carlsbad Engineering Department regarding water infiltration potential on site. Comments from the City Engineer were forwarded to our office in the form of an e-mailed copy of the cover page of the referenced report with notes written on the page. The notes on the cover are "Provide design recommendations for all proposed infiltration BMPs and LIDs" and "Is the soil suitable for infiltration or impermeable line is required together with under drains". As indicated in the referenced report under Section 5.2 Site Geology, the site is underlain by existing fill and Santiago Formation. The fill consists of sandy clay and sandy silt while the Santiago Formation con- sists of sandy siltstone and silty sandstone and sandy to silty claystone. Laboratory testing of representative samples of these soils indicated that the expansion index was moderate to highly expan- sive. Based on the classification of the soils and expansion potential, the soils are not considered conducive to water infiltration as part on an on-site storm drain system. As noted, it is recommended that an impervious layer be utilized in the bio-swale systems to reduce the potential for infiltration of water into the soils underlying the building to address potential risk of soil expansion/heave. We appreciate the opportunity to be of service. Respectfully submitted, NINYO & MOORE dZr-;61----- Ronald S. Halbert, PE Senior Engineer RSH/gg Distribution: (I) Addressee (I) Smith Consulting Architects (I) TFW Construction (I) Excel Engineering 5710 Ruffin Road • San Diego. California 92123 • Phone (858)576-1000 • Fax (858)576-9600 san 01ego • lrvfne • lOS Mgeles • Ranct1o ClJGIIT'()IlQa oa~<~anct san Randsco • Saaamento Las vegas • Phoenix • Tucson • ~ \laley • o.n.er • El Paso • Houston 25 ........ !4 ,.,..,.,.. --------------------------- Planning Division August 30, 2011 Peter Bussett Smith Consulting Architects 12220 El Camino Real San Diego, CA 92130 • ~ltcl G ;7;, j \ ', ~lLE COPY www.carlsbadca.gov SUBJECT: 1st REVIEW FOR CUP 11-05/PIP 11-01 -PRODUCTION FACILITY AT BRESS! RANCH LOT 10 Thank you for applying for Land Use Penmits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit and Planned Industrial Penmit, applications no. CUP 11- 05/PIP 11-01, as to its 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. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re- submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, August 15, 2011, 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 (5) complete sets of the development plans so that the project can continue to be reviewed. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Jason Goff, at (760) 602-4643, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: CUP 11-05/PIP 11-01-P.DUCTION FACILITY AT BRESSI RA~H LOT 10 August 30, 2011 Pa e 2 ' • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602- 2733. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4663. • Building Division: Will Foss, Building Official, at (760) 602-2716. Sincerely, ~~~ CHRIS DeCERBO Principal Planner CD:JG:bd c: Gino Rocelli, The Rocelli Family Trust (VDT 1-28-97), 330 W. Duarte Road, Monrovi, CA, 91016 Gina Marsaglia, Marsaglia Properties, L.L.C., P.O. Box 1697, Carlsbad, CA, 92018 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Greg Ryan, Fire Prevention Will Foss, Building Official Michael Elliott, PELA File Copy Data Entry • ' CUP 11-05/PIP 11-01-PRIUCTION FACILITY AT BRESSI RN .. LOT 10 August 30, 2011 Pa e 3 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Engineering: 1. The City of Carlsbad SUSMP dated January 14, 2011 requires priority projects to mitigate peak flows and durations based on a pre-project condition lower flow threshold of 0.1 Q2 unless channel screening, assessment and analysis are conducted to show that the downstream receiving conveyance systems have low susceptibility to erosion. Please provide a channel screening analysis based on a "hydromodification screening tool" procedure developed by Southern California Coastal Water Research Project (SCCWRP) and a critical shear stress calculations from the San Diego's BMP Sizing Calculator. The SCCWRP results are compared with the critical shear stress calculator results from the San Diego's BMP Sizing Calculator to establish the appropriate threshold of 0.1 Q2 (high susceptibility) , 0.3Q2 (medium susceptibility) or 0.5Q2 (low susceptibility). (See attached sample SCCWRP analysis). 2. A reciprocal access agreement will be required prior to project approval. The preliminary title report by First American Title Insurance Company dated June 20, 2011 does not indicate any recorded reciprocal access agreement for the shared access between lot 10 and lots 1-9 as shown on Map 15669. The CC&R recorded July 31, 2007 as document 2007-0510735 indicated on sheet AS1 of the preliminary site plan only applies to the adjacent development, lots 1 through 9 of Map No. 15669. ISSUES OF CONCERN Planning: 1. The project site is located within Planning Area 5 of the Bressi Ranch Master Plan (BRMP), which is located within the McClellan-Palomar Airport Influence Area (AlA). New development within the AlA must be reviewed for consistency with an adopted land use compatibility plan for the airport. The BRMP was approved under the Comprehensive Land Use Plan (CLUP) for McClellan-Palomar Airport, which was originally adopted on April 22, 1994 and later amended on October 4, 2004. A new document has since been approved by the San Diego Airport Land Use Commission. Renamed as the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP), this document was adopted on January 25, 2010 and was later amended on March 4, 2010. Policy 2.3.2(f) of the current ALUCP provides that a "long-term project" shall be governed by the land use compatibility plan in effect at the time of the project's original approval. At this point in time, the city has determined that the BRMP is a qualifying "long-term project", and therefore continues to review new development proposals under the 2004 CLUP. As such, it appears that approximately 50 percent of the project site, paralleling Palomar Airport Road, is located within the Flight Activity Zone (FAZ) of the McClellan-Palomar Airport, while the remaining 50 percent, paralleling Gateway Road, is located within the Airport Influence Zone (AlA). Therefore, the project requires compliance with the Federal Aviation Administration's Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace, (14 C.F.R. §§77.1, et seq.). FAR Part 77 regulations require that anyone proposing to construct an object, which could affect navigable airspace around an airport, submit information about the proposed construction to the cuP 11-05/PIP 11-o1-PIDUCTION FACILITY AT BRESS! RAIH LOT 10 August 30, 2011 Pa e4 FAA. The FAA will then conduct an aeronautical study, the outcome of which is a determination as to whether the object would be a potential hazard to air navigation. Please submit a current and applicable "Determination of No Hazard to Air Navigation" letter from the FAA demonstrating compliance with the ALUCP and the FAR Part 77. 2. Please plot and label the FAZ on the site plan. 3. Please re-label the 3,500 square foot "Tasting Room" instead as "Restaurant" on the project floor plans (Sheets A 1 and A2). On Sheet AS 1 within the project information portion of the plans, please also re-label all of the references to Tasting Room to be consistent with the above. · 4. Please update the Project Description I Explanation sheet that was originally submitted with the project application. Design Issue Narrative No. 3 entitled Conditional Use Permit needs to be revised to include discussion about the proposed restaurant. 5. Please revise the floor plans to include the conceptual locations of tables and chairs associated with the restaurant. 6. The project is not providing any parking spaces for the 1,334 sq. ft. of outdoor eating area. Please add this to the restaurant square footage as it relates to parking and revise the site plan design to accommodate this difference. 7. The Eating Area Summary on Sheet AS1 states that the 'Total Outdoor Eating Area Provided is 1,997 sq. ft., whereas the two (2) 667 sq. ft. outdoor eating plazas labeled on the site plan total 1 ,334 sq. ft.. Please revise or clarify on the plans where the remaining 663 sq. ft. is being proposed. 8. Please see the enclosed redlined set of plans and revise accordingly. Please return all redlines with your next submittal. Planning (Landscape Comments from PELA): Please note: the numbers below correspond to the numbers referenced on the returned redline set of plans for ease in locating the area of the comment concern. 1. Please show the proposed public utility easement and relocate trees outside of this easement. 2. Please outline the areas of landscape maintenance responsibilities (private, common area/homeowners' association, City, etc.). 3. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and also to screen/soften new improvements. In addition, landscaping shall be used to accentuate and enhance architecture. Please provide tall evergreen trees along the east and west sides of the building to soften and enhance the building elevations. Also, in the area east of the loading bay and dock, please provide tall evergreen trees and shrubs in a manner to assist in visually screening this area from Palomar Airport Road (see design criteria of the Bressi Ranch Master Plan.) ' ' CUP 11-05/PIP 11-01-PRIUCTION FACILITY AT BRESS! RA. LOT 10 August 30, 2011 Pa e 5 4. Please provide a detail of the proposed fence indicating the proposed materials and height. 5. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. In addition to the requirement above, on collector streets and greater, Cal Trans Sight Distance Standards shall apply to the height restriction stated. Please revise the sight lines and adjust plantings as appropriate. Trees may remain if the Engineering Department approves and the tree canopy is above the sight line. 6. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. 7. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. Please add trees as appropriate in areas where they are missing. 8. If a landscaped island is provided between double rows of parking, the island shall provide a minimum of 4' of landscaping clear of vehicle overhangs. Please revise the landscaped islands as appropriate to meet Landscape Manual requirements. (See attached Appendix E-1). 9. For office/industrial projects that are required by the City to provide outdoor employee eating areas, these areas shall be shown on the landscape/landscape construction plans picturing all amenities including but not limited to site furniture, trash receptacles, and picnic tables. Please show all amenities as appropriate. 10. Please include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the City of Carlsbad's Water Efficient Landscape Regulations. I understand that construction drawings are to be prepared in compliance with those regulations and the Landscape Manual. I certify that the plans will be prepared implementing those regulations to provide efficient use of water" Please insure that all requirements of the water use ordinance are met. The ordinance may be found at the following web site: http://l ibrary. m unicode. com/index. aspx?clientld= 162 45&statel d=5&state Name=Californ ia under Title 18. 11. Please revise the E to 47.0 or provide documentation supporting the use of a different number. Since recycled water will be used, all areas will be considered a Special Landscape Area (SLA). With all areas included as a SLA, the Estimated Total Water Use (ETWU) will be the same or equal to the MAWA. Please revise calculations as appropriate. CUP 11-05/PIP 11-01-~DUCTION FACILITY AT BRESSI RA~H LOT 10 August 30, 2011 Pa e 6 12. Please RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored or hatched water use plan) on the next submittal. Engineering: 1. Extend the proposed waterline to the eastern property boundary to provide for future waterline loop to serve future development of adjacent properties. 2. Move water service location towards the end of the proposed waterline to maintain water quality in the interim condition. 3. Provide an update soils letter from the soil's engineer providing design recommendations for the proposed stormwater infiltration facilities. 4. Show location of the proposed recycled water service for on-site landscape irrigation. 5. The proposed earthwork quantities must include remedial grading quantities per section 8.1.5 of the soil's report (page 9). 6. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler systems, etc.). 7. This review does not constitute a complete review of the proposed project and additional items of concern may be identified upon review of subsequent submittal. 8. Please comply with all other comments in the redlined check prints, preliminary SWMP, hydrology report, and soils report. 9. Please submit the following documents in the next review submittal: a. Revised preliminary grading plan, b. Revised SWMP and hydrology report, and c. 1•• review redlined plans and reports Fire: 1. Fire Department comments will follow under separate cover. Building: 1. Building Department comments will follow under separate cover. \