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HomeMy WebLinkAboutCUP 301; Starvin' Marvin's; Conditional Use Permit (CUP)LAND U8# PLAIMISIING APPLICATION DISCRETIONARY ACTIONS REQUEST • Zone Change DGeneral Plan Amendment • Tentative Tract Map • Major Planned Unit Development • Master Plan • Major Redevelc^Jroent Permit • Minor Redevelc^Jment Permit • Precise Development Plan {chec)c other boxes if appropriate) •Specific Plan P^ite Development Plan nditional Use Pennit 'ariance •Planning Conmission Determination •Special Use Permit •Structure Relocation •Major Condcxninium Permit •Coastal Permit (Portion of Redevelopment Area Only) Corrplete Description of Project (attach additional sheets if necessary) Legal Description (carplete) •Rcr^i AH>y^ -fi(6(j i2 <^ as Assessors Parcel NuniDeiT •2,10' Qgo ^s Land Use Zone General Plan Existing office,/ Pressed Zone Proposed General Plan Site Acreage Owner Applicant Name (Print or Type) Mailing Address if:. Name (Print or Type) City and State Zip Telephone I CERTIFY THAT I AM THE UJGAL OWNER AND I Mailing Address Zip Telephone 11 City and State Zip Telephone I CERTIFY THAT I AM THE U3GAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND OOeaRSCT JD THE^BEST OF MY KNOWLEDGE I ^mFY^HAf I AM IHE O^MSR^S REPRESENTATIVE! AND THAT ALL THE ABOVE INFORMATIC»J IS TRUE AND CORRECT TO THE BEST CF MY KNOWLEDGE. SIGNATURE // ..f— caticm bi^ A^jplicatioi Rec No. NudbsT CcF-30/ I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change Tl Application Form 2. One copy of General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan TI Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D * - one copy of items E-S 3. Fee: Master Plan $1,635.00 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment; Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map Tl Application Form 2. General Requirement Items fifteen (15) copies of item A * one copy of items E-S 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310.00 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: fifteen (15) copies of items B-D * one copy of items E-S 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. ADDITIONAL FIFTEEN (15) COPIES TO BE SUBMITTED WHEN ISSUES ARE RESOLVED ALONG WITH FINALIZED READABLE REDUCED EXHIBITS (8 1/^" xHTH ^ CITYOFCARLSBAD % 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM V'^viy \ . ')y > • ^ i DATE •'/•'' ^ = ACCOUNT NO. DESCRIPTION AMOUNT RECEIPT NO. 45435 TOTAL DISCLOSURE FORN APPLICANT: lg_U 1' M l^vJ i Name (individual, partnership, joint venture, corporation, syndication) A^gt^-iOA ^^OA ^gy,.. Su Ac "e" C/Ari'=>^JcU , a 0\7J^c% Business Address Telepdione Number Business Address'^ - l^-i.^P Telephone Number AGENT: MEMBERS: DARMOR DEVELOPMENT (619) 697-4877 7051 Alvarado Rd. La Mesa, CA 92041 25% WESTERN COMMUNITIES OF SOUTHERN (619) 697-4877 CALIFORNIA, INC. 25% 7051 Alvarado Rd. La Mesa, CA 92041 DAVID E. HOLMES (619) 233-1415 839 W. Harbor Drive, Suite 1 San Diego, CA 92101 25% JAMES F. REYNOLDS (619') 233-1415 83 9 W. Harbor Drive, Suite 1 San Diego, CA 92101 25% The applicant is reqaired to apply for CoastiU. Commission Approval if located in the Coastal lone. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied KH^n as being true and correct until amended. APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. f TTTLE INSURANCE Issuing Office: 1301 THIRD AVENUE P.O. BOX 15 90 SAN DIEGO, CALIF(»NIA 92112 (619) 232-4031 HOIMES REYNOLDS ffiVELOPMENT CCMPANY 839 WEST MRBOR miVE SAN DIEGO, CALIFORNIA Attention: CAROL Your Ref: Our No: D-5 70 95 5 Amended report dated as of Septanber 30, 1986 at 7:30 a.m. In response to the above referenced application for a policy of title ins ur ance, SAFECO TITIZ INSUKANCE CGHPANT 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 vhich may be sxjstained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded fron coverage pursuant to the printed Schedules, Cbnditions and Stipulations of said Policy forms. "Ihe printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. Ihey are available from the office vhich issued this report. THIS KEPOBT (AND ANT S9PPLEIIEMTS OIL AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE FOKPOSE OF FACILITATING THE ISSUANCE OF A FOLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS KSIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSUKANCE, A BINDBR OBi COMMITMENT SHOULD BE REQUESTED. The fom of policy of title insurance contemplated by this report is: 1. Califomia Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy 7 Title Officer DON WROE TTTLE INSURANCE Order No. D-670955 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: SEA POINTE KEVEIDPERS, a California General Partnership 3. The land referred to in this report is situated in the State of Cali- fornia, County of San Diego, and is described as follove : Parcel 1, in the City of drlsbad, Gounty of San Diego, State of California, as shovm at Page 13051 of Parcel Maps, filed in the Office of the County Recorder of San Mego County, December 9, 1983. ' TITLE INSURANCE Order Nb. D-670955 Schedule B Page 1 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report vgould be as follove : 1. Property taxes, including any personal property taxes and any assessments collected vidth taxes, for the fiscal year 1986-1987. 1st Installment: $2 5,588.76 Open 2ni Installment: 25,588.76 Open Homeovmers Exemption: None Code Area: 09000 Assesanent No: 210-090-45 2. Supplemental taxes assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Cbde of the State of Califomia, for the fiscal year 1986 -87 First Installment: $464.49 Paid Second Installment: $464.49 Open Assessment No: 859-016-77-55 First Installment: $2,644.29 Paid Second Installment: $2 , 644 . 29 Open Assessment No: 859 -016 -77 -45 3. An easement for the purpose shovm belov? and rights incidental thereto as set forth in a document Granted to: Southern Counties Gas Company, a corporation (No Representation is made as to the present ovmership of said easement) Purpose: Transmission and distribution of gas Recorded: July 2 6, 1932 as File No. 36742 in Book 147, page 152, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document 4. An easement for the purpose shoun belov? and rights incidental thereto as set forth in a document Granted to: Southern California Telephone Company (No Representation is made as to the present ovraership of said easement) Purpose: Aright of vjay Recorded: August 2, 1941 as File No. 45305 in Book 1200, page 421, Official Records TTTLE INSURANCE Order No. D-670955 Schedule B Page 2 The exact location and extent of said easement is not disclosed of record. 5, An easement for the purpose shovm below and rights incidental thereto as set forth in a dociment Granted to: The Pacific Telephone and Telegraph Cbmpany (No Representation is made as to the present ovmership of said easement) Purpose: Public utilities, ingress and egress Recorded: August 30, 1957 as Bile No. 133405 in Book 6730, page 126, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document 6. An easement for the purpose shovm below and rights incidental thereto as set forth in a document Granted to: The Vista Sanitation District, a County Sanitation District, and The Cltyof C&rlsbad, a Municipal corporation (No Representation is made as to the present ownership of said easement) Purpose: Water pipe lines, sevrer pipe lines, together vd.th an access road over and across the hereinafter described lands Recorded: June 23, 1964 as File No. 112575, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document 7. The fact that the ovmership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been severed fron said land by the document. Recorded: June 18, 1965 as File No. 108756 and by deed recorded July 7, 1967 as File No. 99185, Official Records Affects: The boundary line adjacent to the freevoy 8, An easement for the purpose shovm below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Cbmpany (No Representation is made as to the present ovmership of said easement) Purpose: Public utilities, ingress and egress Recorded: August 28, 1969 as File No. 158714, Official Itecords Affects: The route thereof affects a portion of said land and is more fully described in said doctjnient I SAFECO ' TITUE INSURANCE Order No. D-670955 Schedule B Page 3 9. A covenant and agreement Executed by: Sea Pointe Developers In favor of: City of Carlsbad Recorded: April 2, 1984 as File No. 84-11994 7, Cfficial Records Which among other things provides: Hbld Harmless Agreement for drainage. 10. A covenant and agreenent Executed by: Sea Pointe Developers In favor of : City of Carlsbad Recorded: May 2, 1984 as Ftle No. 84-162 080, Official Records Which among other things provides : The payment of a public facilities fee. 11. An easement for the purpose shovm below and rights incidental thereto as set forth in a document Granted to: The Gty of Carlsbad (No Representation is made as to the present ovmership of said easanent) Purpose: Mkterlines Recorded: June 26, 1984 as File No. 84-2 397 88, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said docvanent 12. An easement for the pturpose shovm beLow and rights incidental thereto as set forth in a document Granted to: Pacific Bell, a California corporation (No Representation is made as to the present ovmership of said easanent) Purpose: Public utilities Recorded: September 14, 1984 as File No. 84-349717, Official Records Affects: The easement shall be located on strips of land 5 feet in vd.dth in said property, lying 2 1/2 feet on each side of the allgiment of the facilities installed hereunder; Excepting therefrom those portions of said property occupied by buildings. 13. A covenant and agreement Executed by: Seapointe Developers, a Califomia General Partnership In favor of : City of Carlsbad Recorded: March 14, 1986 as File Nb. 86-099066, Official Records TTTLE INSURANCE Order No. D-670955 • Schediile B Page 4 Which among other things provides: Agreement to pay increased fees for developraent management system 14, A covenant and ^reement Executed by: Palomar Technology Inc., a California corporation In favor of : City of Carlsbad Recorded: June 18, 1986 as File No. 86-2 46207, Official Records Which among other things presides : Agreement to pay increased fees for development management system At the time of said agreement, Palomar Technology, Inc., a California corporation, had no record interest in said property nor has since acquired any. 15, Matters viiich may be disclosed by an inspection or by a survey of said land that is satisfactory to this Conpsny, or by Inquiry of the parties in possession thereof. END OF SCHEDULE B rj anend/al . :kisp.. .1. .. VK»jnnr MAR AO SCACe . .'.'. " J I T o /x:/£i»frs Sis' fx^tii/^lt)^ «a. se^iS*. y-.r^sMT ..... A/ e2*ao-e9*iiu /if ^k-ZJ? u>/J>fmti^ Mo ' J. a«K>)any xM.esS4', ^V^yy^ /fM.,,j^yoeor f ..y LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 (Amended 12-6-85 and 2-20-86) SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of wfiich arise by reason of the following: Part 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency 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 the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. 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 change in the dimensions or area of the land or any parcel of which the land is or was a part, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or nof shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy; 1. (a) (b) (c) (d) Governmental police power. Any law, ordinance or governmental regulation relating to environmental protection. 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 change in the dimensions or area of the land or any parcel ofwhich the land is or was a part. The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 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; (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. (List of Printed Exceptions and Exclusions Continued on Reverse Side) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 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: • landuse • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: • 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. SCHEDULE B-EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Parti (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land, whether or not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) 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 change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violafion of the matters excluded under (a), (b) or (c) above, unless nofice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain 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 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 for 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 indebted- ness to corpply with applicable "doing business" laws of the state in which the land is gituated. , SAFECO Stock No. CAP-0372C (Rev. 7-86) PRELIMINARY REPORT SAFECO TITLE INSURANCECOMPANY 'Un'^ mi- L-y ^ J /'?i^> r 6 Y 43^1 -04^3 Holmes & Reynolds Development Co. 839 West Harbor Drive, Suite I San Diego, California 92101 • 6W-233-2435 October 16, 1986 Evelyn Costas 888 San Ramon Drive #27 Oceanside, CA 9 2056 RE: Updated Title Insurance Policy Dear Evelyn: Enclosed is the Title Insurance Policy that you requested from Safeco Title for Ocean Point Tech Center. They sent it to me, I am forwarding it to you. Carol Odor /co Enclosures Holmes & Reynolds Development Co. 839 West Harbor Drive, Suite 7, San Diego, California 92J0J • 619-233-1415 October 3, 19 86 Mr. Dan Barofsky Ms. Evelyn Costas STARVIN MARVIN"^S DELI 5431 Avenida Encinas, Suite E Carlsbad, CA 92008 Re: C.U.P. Application Starvin Marvin's Dear Dan & Evelyn: Per your request, and to satisfy the City, please find: 1. Blueprints of site plan, building elevations and floor plans. These are on loan for you to make copies of and return to us in a timely fashion. 2. Statememt of Ownership 3. Preliminary Title Report 4. Letter from developers re: acceptance of you as tenants and OK for T.I. after our approval of plans. 5. Signed disclosure form 6. Signed Land Use Application 7. List of all owners & occupants within 600' and 100' radius for City and Coastal Commission respectively. Hope this is everything you need and that the rest of the permit process goes smoothly for you. Sine Carol Odor Enclosures Holmes & Reynolds Development Co. 839 West Harbor Drive, Suite 1, San Diego, California 92101 • 619-233-1415 October 2, 19 86 Mr. Dan Barofsky Ms. Evelyn Costas STARVIN MARVIN'S DELI 5431 Avenida Encinas, Suite E Carlsbad, CA 9 2008 Dear Dan & Evelyn: This letter will serve to inform you of our approval of you as our new tenants and give you the OK to go ahead with tenant improvements after we have seen your plans and approved them. We also need to approve your sign, and you have to get the proper permits from the city. Please call if you have any questions or need any help. We are very pleased to have you as new tenants. We have had many requests from other tenants in place at the Ocean Point Tech Center for a food establishment, and hope you do well in your new endeavor. Carkbad Joumal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publicatiofi ^f^^^^ STATE OF CALIFORNIA, gs. 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 principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Son Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaperand not in any supplementthereof on the following dates, to-wit: NOTICE OF PUBUC HEARING NoncEis: the piMHiing tioamsiome City OfCarlsbad will hold a public hearing at the Safety and Service Center, 2980 Orion Way. CarlsbwI. California, at 6:00 p.in. on Wedries- ' day, April 19, 1987. la tpnsMet? approval of a conditional use per-. mit to allow a delicatessen and* catering shop in a portion of an in-dustrial buUding on properfy locat-ed at 5431 Avenida Eninnas in the Ocean Pointe Tech Center in the P-' H zone and more particularly de-scribed as: Pa^el 1 as shown on Page 13051 Of pai^l m*^ nted December 9. lHKi^«ithi» the City of Carlsbad. . Countt of Ssn Diego, State of Cali-; tooiii :j| -t iieMllli'itons wishing to Speak ^ttHitf I)t«|Miiar are ^(irdially invit- itd to |iiti#|l tite iwbik hearing. If you have any questions, please call the Planning Department at 438- 1181. If Vou challeni^ the Conditional PlB Permit in court, you may be limited to raising only those issues iW( or temeone ielsc raised at the iMIMtlwWiUdieScribMiin this no-ti«(CW1i> written conipspondence d»H«ered to the City ofCarlsbad at or prior to the public hearing. Case f'ile: CUP-301 Ai^licant: STARVIN' MARVIN'S CITYOFCARLSBAD PLANNING COMMISSION CJ 4818: April 4. i987 April 4, Wiilli' ii'lifi'i • i'ii'iy'"lirr ill , 1 CUP-301 1 9 .87. 19. 19, 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on . „ erk oi the Printer Carlsbad Joumal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, 55. COUNTY OF SAN DIEGO, i o '1 CO to i'C'tz £Z'^'!>' O i 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 principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the dote of publication of the notice NOTICE OF PUBLIC HEARING • * .CounbrofSanl , I NOTICE IS HEREBY GIVEN tbat the Planning Comraissieh of ther City OfCarlsbad will hold a public hearing at the Safety and Service Center. 2580 Orion Way; Carlsbad. Califorriia. at 8:00 p.m. On Wedrf«s-day. April 15. 1987. to consider approval of a conditlonar use per-mit to allow a delicatessen and catering shop in a portion of aa in, dustrial building on property locat-ed at 5431 Avenida Encinas in the Ocean Pointe Tech Center ii) the P? M zone and more particularly de- . . scribed is: . v j.^ifj^ipatit: ST^BVIN' MABVIN'S Parcel 1 as shown on Page 13S61, i SFy..?^£*-^^P'^ . of parcel maps filed DecAibJT*'' - MiANNWO COMMISSION 1983. within the City of CariSt^ :-CtiM»; April 4.1987 !0> State of Cali- -ThAhi iliribn^ wishing td'Ispeak oft this pi«p^tal are coiaiaiy invit- ed to i^mnd aw Iwblic htorihg. If you have any questions, please call the Planning Department at 438- 1181. '•' ir^u'challenge^e Conditional mrmit in court. yo« may be to mtint only those issues : y(h».^T|tomeoii« «M« itiabd at the jlUhUGli«Bringdes<i»ibed,in tl^isno- Iteer, brih *rttt«n correspondence iMMfiM to the City of Carisbad at jOCDriM' to the public hearing. aSemt-. CUP-301 Cilid SITE STARVIN' MARVINS CUP-301 hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dotes, to-wit: April 4, 19.8.7 19, 19. 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 4th day of April. 1987 Clerk of the Prir|Jfr- wd'Jd-'^M-f 86 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Safety and Service Center, 2560 Orion Way, Carlsbad, California, at 6:00 p.m. on Wednesday, April 15, 1987, to consider approval of a conditional use permit to allow a delicatessen and catering shop in a portion of an industrial building on property located at 5^31 Avenida Encinas in the Ocean Pointe Tech Center in the P-M zone and more particularly described as: Parcel 1 as shown on Page 13051 of parcel maps filed December 9, 1983, within the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at A-38-1161. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: APPLICANT: PUBLISH: CUP-301 STARVIN' MARVIN'S April 4, 1987 CITY OF CARLSBAD PLANNING COMMISSION STARVIN' MARVINS C'iP-301 top 1. No 'CJj I APPLICATION FOR COASTAL DEVELOPMENT PERMIT (J^fJksO^ ^ d-lS^ APPENDIX C - List of Property Owners and Occupants within 100 feet Please use one box per name and address. Additional copies will be mailed upon request. 210-090-33 . Marten's Health & Survival 536 5 Avenue Encinas Suite F Carlsbad, CA 92008 210-090-33 S & J Foil Imprinting 536 5 Avenue Encinas Suite G Carlsbad, CA 92008 210-090-07 ' • State of California Real Estate Dept. • Sacramento, CA 9 5814 210-090-46 Burroughs Delaware Inc. Memorex Coro Tax Dept. M/S 00-33 Santa Clara, CA 95052 210-090-33 Calif. Automotive Research 5365 Avenue Encinas Suite K Carlsbad, CA 9 2008 210-090-08 Atchison Topeka & SF RR 5200 E. Sheila St. Los Angeles, CA 90040 210-090-32 Sun Harbor Realty 5375 Avenue Encinas Suite A Carlsbad, CA 92008 210-090-34 Excitek, Inc. 5 35 5 Avenue Encinas Suite A Carlsbad, CA 92008 210-090-18 Atchison Topeka & SF RR 5200 E. Sheila St. Los Angeles, CA 90040 210-090-32 Olnstead Pest Control 5375 Avenue Encinas Suite B Carlsbad, CA 92008 210-090-34 Campbell Electric 5355 Avenue Encinas Suite B Carlsbad, CA 92008 210-090-32' Carlsbad Commercial Center VJells Fargo Mort & Equity P.O. Box 30015 Los Angeles, CA 90030 210-090-32 Golden Telecon, Inc. 5375 Avenue Encinas Suite C Carlsbad, CA 92003 210-090-34 Randy Dowler (Waxx On) 5355 Avenue Encinas Suite C Carlsbad, CA 9 200 8 210-090-33 Carlsbad Commercial Centei VTells Pargo Mort & Equity P.O. Box 30015 Los Angeles, CA 90030 210-090-32 Shelli's Contemp. Fashions 5375 Avenue Encinas Suite D Carlsbad, CA 9 2008 210-090-34 Western States Cleaning 5 355 Avenue Encinas Suite D Carlsbad, CA 92008 210-090-34 Carlsbad Commercial Center Wells Pargo Mort & Equity P.O. Box 30015 Los Angeles, CA 90030 210-090-32 Howard Publications 5375 Avenue Encinas Suite E, F, G Carlsbad, CA 92008 210-090-34 Carlsbad Printing Co. 5 355 Avenue Encinas Suite E & P Carlsbad, CA 9 200 8 210-090-35 Carlsbad Commercial Center Wells Fargo Mort & Equity P.O. Box 30015 Los Angeles, CA 90030 210-090-33 Ginger's Deli 536 5 Avenue Encinas Suite B Carlsbad, CA 9 200 8 210-090-34 Alp A. Kinan 5 355 Avenue Encinas Suite G Carlsbad, CA 92008 210-090-4 2 Carlsbad Commercial Center - VTells Pargo Mort & Equity 'P.O. Box 30015 : Los Angeles, CA 90030 • 210-090-33 California Ecology Suite C .:: 5365 Avenue Encinas Carlsbad, CA 92008. 210-090-34 Ocean Pointe Realty 5355 Avenue Encinas -.>. Suite H :• V•;-.y.::. -v' • .:.. Carlsbad, CA" : 9 2008 - 210-090-45 •r'-.y.-'y'--^-^^'i ' y-^'tr Sea Pointe Developers 839 Vl.. Harbor Drive, #1 San Diego, CA 9 2101 210-090-33 • .-.y.:. :::''• ->-'-.' ISHECA y.S.A.','.Inc. C 5365 Avenue Encinas • Suite D & E Carlsbad, CA -92008 ..„.,....., 210-090-34 California Cargo ; 5355 Avenue Encinas ~ Suite J ; Carlsbad. CA 9 2008 _ , (. V topl.No. APPLl^Bi'ION FOR COASTAL DEVELOPMENT PE^^^T ^]jg^^J!^| APPENDIX C - List of Property Owners and Occupants within 100 feet ^-1^^ Please use one box per name and address. Additional copies will be mailed upon request- 210-090-35. San Diego Gas & Electric 5 315 Avenue Encinas Su--' te A Carlsbad, CA 92008 210-090-45 Macaw Electronics 5441 Avenida Erp inas Suite P. Carlsbad, CA 92003 210-090-34 Pacific Sun Mortgage 5355 Avenue Encinas Suite 201/202 Carlsbad, CA 92008 210-090-35 John S. Beery, A.I.A. 5315 Avenue Encinas Suite K Carlsbad, CA 9 2008 210-090-45 Rejuvinir, Inc. 5421 Avenida Encinas Suite N Carlsbad, CA 9 2003 210-090-34 John S. Murk Engineering 5355 Avenue 'Encinas Suite 203 Carlsbad, CA 92008 210-090-35 Margaret H. Haas 5315 Avenue Encinas Suite M Carlsbad, CA 9 2008 210-090-45 San Antonio Cash Register 5 4 31 Avenida Encinas Suite F Carlsbad, CA 9 200 8 210-090-34 Chason Company, Inc. 5 35 5 Avenue Encinas Suite 204 Carlsbad, CA 92008 210-090-46 Burroughs, Inc. 5600 Avenue Encinas Carlsbad, CA 9 200 8 210-090-45 Trivector, Inc. 5411 Avenida Encinas Suite 270 Carlsbad, CA -9 200 8 210-090-34 Ouik Cad Iric. 5355 Avenue Encinas Suite 206 Carlsbad, CA 9 2008 210-090-45 Access Control Technology 5451 Avenida Encinas Suite I Carlsbad, CA 9 2008 210-090-45 VTN Consolidated, Inc. 54 51 Avenida Encinas Suite A Carlsbad, CA 92008 : 210-090-34 Williamson & Schmid 5 355 Avenue Encinas . Suite 207 • Carlsbad, CA 9 2008 . 210-090-45 John Burnham & Company 5411 Avenida Encinas Suite 100 Carlsbad, CA 92008 210-090-45 Western Bank Mortgage 5411 Avenida Encinas Suite 210 Carlsbad, CA 92008 ' 210-090-34 Cudmore & Associates ' 5355 Avenue Encinas Suite 208-A Carlsbad, CA 92008 210-090-45 Cardiff Peripherals 54 21 Avenida Encinas Suite M Carlsbad, CA 92008 210-090-45' Design Focus 54 21 Avenida Encinas Suite B Carlsbad, CA 92008 210-090-34 'Chelsea St. Financial 5355 Avenue Encinas Suite 208-B Carlsbad, CA 9 200 8 210-090-45 International Nutrition 544.1 Avenida Encinas Suite 127 Carlsbad, CA 9 200 8 210-090-45 Lyon Business Services 5411 Avenida Encinas Suite 110 Carlsbad, CA 92008 210-090-34 Business Opportunities Utd 5355 Encinas Avenue Suite 209 • Carlsbad, CA 92008 - 210-090-45 Leighton & Associates, Inc 5421 Avenida Encinas Suite A Carlsbad, CA 92003 210-090-45 Lyon Buisness Services ; 5411 Avenida Encinas Suite 160 Carlsbad, CA 9 2008 210-090-34 Federal Express . 5355 Avenue Encinas , Suite 209 L Carlsbad,.. CA 200 8 210-090-45 Lineal Services, Inc. 5421 Avenida Encinas Suite G ._Car Isbad. .XA.^9 2O0_S.„...^__. 210-090-45 Palomar Technology ~ 54 21 Avenida Encinas Suite H. - ,j:_arIsbacl, _CA2.0 0 8_„..„...... 211-060-07 Vincent R. Dixon 5555 Paseo Del Norte Carlsbad, CA 92008 211-060-08 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 9 200 8 210-113-17 Thomas & Bertha Pieper 109 47 Barman Avenue Culver City, CA 90 230 210-113-18 Dorothy S. Brannan 190 Harford Place Upland, CA 91786 210-114-10 Ronald & Christine Riccitelli 5500 Los Robles Drive Carlsbad, CA 92008 210-114-11 Ruth Davis 5510 Los Robles Drive Carlsbad, CA 92008 210-113-10 Richard & Leslie Noonan 5420 El Arbol Drive Carlsbad, CA 92008 210-113-19• ! James & Kristine Logan 6 77 Santa Fe Drive Encinitas, CA 92024 210-114-12 Timothy & Marian Stallman 5520 Los Robles Drive Carlsbad, CA 9 2008 210-113-11 Floyd & Gertrude Barr 5430 El Arbol Drive Carlsbad, CA 92008 210-113-20 Dale R. Gilbert 5490 El Arbol Drive Carlsbad, CA 92008 210-114-13 John & Ilda Shibe 77 Thicket Irvine, CA 9 2714 210-113-12 Doris Wilcox 3350 Hollydale Drive Los Angeles, CA 90039 210-1.13-21 Richard & Jo Ann Mathias 5500 El Arbol Drive Carlsbad, CA 92008 210-114-14 Martin & Dorothy Kiley 5525 El Arbol Drive Carlsbad, CA 9 200 8 210-113-12 Richard & Linda David 3350 Hollydale Drive Los Angeles, CA 90039 210-113-22 Richard E. Moody 40 34 Edenhurst Ave. Los Angeles, CA 900 39 210-114-15 Brian Polley 5515 El Arbol Drive Carlsbad, CA 92008 210-113-13 Richard McCluskey 5450 El Arbol Drive Carlsbad, CA 92008 210-114-06 Donald & Carrie Labadie 5460 Los Robles Drive Carlsbad, CA 92008 210-114-16 Lester & Beverly Mueller 54 21 Los Robles Drive Carlsbad, CA 9 200 8 210-113-14 Byron E. & June M. Roper 5460 El Arbol Drive Carlsbad, CA 92008 210-114-07 Joe & Joan Noble 5470 Los Robles Drive Carlsbad, CA 92008 210-114-16 Ben Costantino 5421 Los Robles Drive Carlsbad, CA 9 200 8 210-113-15 Ethel V. Barosh 54 70 El Arbol Drive Carlsbad, CA 92008 210-114-08 Frances Hoilister 5480 Los Robles Drive Carlsbad, CA 92008 210-114-17 Henry Saito 5495 El Arbol Drive Carlsbad, CA 92008 210-113-16 Robert & Susan Melendez 5520 El Arbol Drive Carlsbad, CA 92008 210-114-09 Gary & Julianne Heers 7676 Rancho Destine Las Vegas, NV 89123 210-114-18 Belva Knitter 5485 El Arbol Drive Carlsbad, CA 9 200 8 Cit 210-114-19 Andrew & Shirley Peila 5475 El Arbol Drive Carlsbad, CA 92008 210-114-20 David & Vera Oliphant 5151 Alzeda Drive La Mesa, CA 92041 210-114-20 George Oliphant 5151 Alzeda.Drive La Mesa, CA 92041 210-114-21 Robert Gilchrist 5455 El Arbol Drive Carlsbad, CA 92008 210-114-22^ Walden Danxel 250 233s Everett Drive Newhall, CA 91321 210-090-29 Signal Development Corp 17890 Skypark Circle Irvine, CA 9 2 714 210-090-30 National Assn. of Music Merchants 17890 Skypark Circle Irvine, CA 9 2 714 210-090-31 National Assn of Music Merchants Inc. 17890 Skypark Circle Irvine, CA 92714 210-090-37 Carlsbad Commercial Center Coldwell Banker Rems P.O. Box 919 Carlsbad, CA 92008 210-090-41 Carlsbad Commercial Center Wells Fargo Mort & Equity P.O. Box 30015 Los Angeles, CA 900 30 210-090-34 Carlsbad Commercial Cente Wells Fargo Morts Equity P.O. Box 30015 Los Angeles, CA 900 30 210-090-35 Carlsbad Commercial Cente Wells Fargo MortS Equity P.O. Box 30015 Los Angeles, CA 90030 210-090-42 Carlsbad Commercial Cente Wells Fargo Morts Equity P. 0. Box 30015 Los Angeles, CA 90030 210-090-45 Sea Pointe Developers 8 39 W. Harbor Drive, #1 San Diego, CA 92101 210-090-46 Burroughs Delaware Inc Memorex Corp Tax Dept M/S 00-33 Santa Clara, CA 95052 210-090-25 Coldwell Banker/Gen. Acct. 201 Contenintal Blvd #20 4 El Segundo, CA 90 245 210-090-07 State of California Real Estate Dept. Sacramento, CA 95814 210-090-26 James & Pamela Hicks 2910 Managua Place Carlsbad, CA 92008 210-090-08 Atchison Topeka & S.F. R.R, 5200 E. Sheila St. Los Angeles, CA 90040 210-090-27 Robert & Julie Averill Iliff Thorn 2237 Faraday Ave., #100 Carlsbad, CA 92008 210-090-27 Charles McNary II Iliff Thorn 2237 Faraday Ave., #100 Carlsbad, CA 92008 210-090-28 Signal Development Corp. 17890 Skypark Circle Irvine, CA 9 2714 210-090-18 Atchison Topeka & S.F. .R.R. 5200 E. Sheila Street Los Angeles, CA 90040 210-090-32 Carlsbad Commercial Center Wells Fargo Mort & Equity, P.O. Box 30015 Los Angeles, CA 900 30 210-090-33 Carlsbad Commercial Center Wells Fargo Morts Equity P.O. Box 30015 Los Angeles, CA 90030 211-060-08 210-113-12 Occupant 5440 El Arbol Drive Carlsbad, CA 92008 210-113-17 Occupant 5530 El Arbol Drive Carlsbad, CA 92008 210-113-18 Occupant 5 540 El Arbol Drive Carlsbad, CA 92008 210-113-19 Occupant 5480 El Arbol Drive Carlsbad, CA 9 2008 210-113-22 Occppant 5510 El Arbol Drive Carlsbad, CA 92008 210-114-09 Occupant 5490 Los Robles Drive Carlsbad, CA 9 2008 210-114-13 Occupant 5535 El Arbol Drive Carlsbad, CA 92008 210-114-16 Occupant 5505 El Arbol Drive Carlsbad, CA 92008 210-114-20 Occupant 5465 El Arbol Drive Carlsbad, CA 9 2008 210-114-22 Occupant 5445 El Arbol Drive Carlsbad, CA 92008 210-090-25 Occupant 5130 Avenue Encinas Carlsbad, CA 9 200 8 210-090-26 Occupant 5150 Avenue Encinas Carlsbad, CA 9 2008 210-090-27 Occupant 515 2 Avenue Encinas Carlsbad, CA 92008 210-090-32 Sun Harbor Realty 5375 Avenue Encinas Suite A Carlsbad, CA 9 200 8 210-090-32 Olnstead Pest Control 5375 Avenue Encinas Suite B Carlsbad, CA 92008 210-090-32 Golden Telecon, Inc. 5375 Avenue Encinas Suite C Carlsbad, CA 92008 210-090-32 Shelli's Contemp. .Fashions 5375 Avenue Encinas Suite D Carlsbad, CA 92008 210-090-32 Howard Publications 5375 Avenue Encinas Suite E, F, G Carlsbad, CA 92008 210-090-33 Ginger's Deli 5365 Avenue Encinas Suite B Carlsbad, CA 92008 210-090-33 California Ecology Suite C 5365 Avenue Encinas Carlsbad, CA 92008 210-090-33 ISHECA U.S.A., Inc. 536 5 Avenue Encinas Suite' D & E Carlsbad, CA 92008 210-090-33 Marten's Health S Survival 5365 Avenue Encinas Suite F Carlsbad, CA 9 2008 210-090-33 S S J Foil Imprinting 5365 Avenue Encinas Suite G Carlsbad, CA 9 2008 210-090-33 Calif. Automotive Research 5365 Avenue Encinas Suite H Carlsbad, CA 92008 210-090-34 Excitek, Inc. 5355 Avenue Enicnas Suite A Carlsbad, CA 9 2008 •210-090-34 Campbell Electric 5355 Avenue Encinas Suite B Carlsbad, CA 92008 210-090-34 Randy Dowler (Waxx On) 5355 Avenue Enicnas Suite C Carlsbad, CA 92008 210-090-34 Western States Cleaning 5355 Avenue Encbinas Suite D Carlsbad, CA 92008 210-090-34 Carlsbad Printing Co. 5355 Avenue Encinas Suite ESF Carlsbad, CA 92008 210-090-34 Alp A. Kinan 5355 Avenue Encinas Suite G Carlsbad, CA 92008 210-090-34 Ocean Pointe Realty 5355 Avenue Encinas Suite H Carlsbad, CA 92008 210-090-34 California Cargo 5355 Avenue Encinas Suite J Carlsbad, CA 92008 210-090-34 Business Opportunities Utd. 5355 Encinas Avenue Suite 209 Carlsbad, CA 9 200 8 210-090-34 Federal Express 5355 Avenue Encinas Suite 209 L Carlsbad, CA 92008 210-090-35 San Diego Gas s Electric . 5315 Avenue Encinas Suite A Carlsbad, CA 92008 210-090-45 Leighton S Associates, Inc 5421 Avenida Encinas Suite A Carlsbad, CA 92008 210-090-45 Lineal Services, Inc. 5421 Avenida Encinas Suite G Carlsbad, CA 9 200 8 210-090-45 Macaw Electronics 5441 Avenida Encinas Suite B Carlsbad, CA 92008 210-090-34 Pacific Sun Mortgage 5355 Avenue Encinas Suite 201/202 Carlsbad, CA 92008 210-090-34 John S. Murk Engineering 5355 Avenue'Encinas Suite 203 Carlsbad, CA 9 200 8 210-090-34 Chasen Company, Inc. 5355 Avenue Encinas Suite 204 Carlsbad, CA 92008 210-090-34 Quik Cad Inc. 5 355 Avenue Encinas Suite 206 Carlsbad, CA 92008 210-090-34 Williamson S Schmid 5355 Avenue Encinas Suite 207 Carlsbad, CA 92008 210-090-34 Cudmore S Associates 5355 Avenue Encinas Suite 20 8-A Carlsbad, CA 92008 210-090-34 Chelsia St. Financial 5355 Avenue Encinas Suite 20 8-B Carlsbad, CA 9 2008 210-090-35 John S. Beery, A.I.A. 5315 Avenue Encinas Suite K Carlsbad, CA 92008 210-090-35 Margaret H. Haas 5315 Avenue Encinas Suite M Carlsbad, CA 92008 210-090-46 Burroughs, Inc. 5600 Avenue Encinas Carlsbad, CA 92008 210-090-45 Access.Control Technology 5451 Avenida Encinas Suite I Carlsbad, CA 9 200 8 210-090-45 John Burnham S Company 5411 Avenida Encinas Suite 100 Carlsbad, CA 92008 210-090-45 Cardiff Peripherals 5421 Avenida Encinas Suite M Carlsbad, CA 9 200 8 210-090-45 International Nutrition 5441 Avenida Encinas Suite 127 Carlsbad, CA 9 200 8 210-090-45 Rejuvinir, Inc. 5421 Avenida Encinas Suite N Carlsbad, CA 9 2008 210-090-45 San Antonio Cash Register 54 31 Avenida Encinas Suite F Carlsbad, CA 92008 210-090-45 Trivector, Inc. 5411 Avenida Encinas Suite 270 Carlsbad, CA 9 2008 210-090-45 VTN Consolidated, Inc. 5451 Avenida Encinas Suite A Carlsbad, CA 92008 210-090-45 Western Bank Mortgage 5411 Avenida Encinas Suite 210 Carlsbad, CA 92008 210-090-45 Lyon Business Services 5411 Avenida Encinas Suite 160 Carlsbad, CA 92008 210-090-45 Lyon Business Services 5400 Avenida Encinas Suite 110 Carlsbad, CA 92008 210-090-45 Palomar Technology 54 21 Avenida Encinas Suite H Carlsbad, CA 92008 210-090-45 Design Focus 54 21 Avenida Encinas Suite B Carlsbad, CA 92008 210-090-34 Leasing Office Suite 207 5355 Avenue Encinas Carlsbad, CA 92008 210-090-35 Dugue S Associates 5 31b Avenue Encinas 2nd Floor, Suite L Carlsbad, CA 92008 210-090-44 Wall Street VJest, Inc. 5055 Avenue Encinas Suite 130 Carlsbad, CA 92008 210-090-44 Continental Escrow 5055 Avenue Encinas Suite 140 Carlsbad, CA 92008 210-090-44 Allstate Insurance 5055 Avenue Encinas Suite 150 Carlsbad, CA 92008 210-090-44 Valley National Financial 5055 Avenue Encinas Suite 200 Carlsbad, CA 92008 210-090-25 Oneill Envirocap 5152 Avenue Encinas Carlsbad, CA 92008 210-090-25 NAMJyl 5140 Avenue Encinas Carlsbad, CA 92008 210-090-43 Grant General^Contractors 50 51 Avenue Encinas Carlsbad, CA - 9 200 8 210-090-44 Huston Edmunds Moppel 5055 Avenue Encinas Suite 100 Carlsbad, CA 92008 210-090-44 Birchley Villas Ltd. 5055 Avenue Encinas Suite 110 Carlsbad, CA 92008 210-090-44 Terry Kilkey Attorney 50 55 Avenue Encinas Suite 120 Carlsbad, CA 92008 PROJECT REVIEW On March 21. 1990 . CUP-301 , Starvin Marvin's , was reviewed for compliance (date) (project number) (project name) with the conditions contained therein. The project was found to be in violation of Condition 7.8.9. and 12 of Resolution No. 2652 and the following actions have been taken: COMMENTS: The dehcatessen has been advised that violations exist. The foUovying action needs to take place: 1. No service vyill be allowed on Saturdays. 2. All tables must be removed. 3. Two additional parking spaces must be marked for deli paridng onlv. 4. A sign stating that the deh is for take-out onlv must be posted. Signed c: Erin Letsch MG:kd project.frm PROJECT REVIEW On March 18. 1991. CUP 301 , Starvin Marvin's , was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. The project was found to be in violation of Condition 2652 of Resolution No. 8. 9. and 12 and the following actions have been taken: COMMENTS: The delicatessen and catering shop must take the following actions in order to complv vyith the above approved resolution: 1. That all chairs and tables be removed from the premises, including the chairs and table located in front of the Deli. 2. Two additional parking spaces must be marked for deli parking onlv. 3. A sign shall be place in the deli indicating that the service is for take-out only and that customers should phone in their orders ahead of time. Signed DAVID RICK ^/A^ Plaiming Technician c: Erin Letsch DR:km WRITE IT—l)l\#r SAY IT INTER-DEPARTI^HT MEMORANDUM ^° / ^ 1 A. M. 19 P. lvl. iy REPLY ON THIS SHEET FROivi WILMER "SERVICE" ij_NE STANDARD INTER DEPT. MEMO FORM 11-24-PD Citv of Carlsbad Pianning Department NOTICE OF VIOLATION March 19, 1991 Starvin Marvin's .5431 Avenida Encinas, Suite "G" Carlsbad, CA 92008 RE: CUP 301 - STARVIN MARVIN'S Dear Mr. Marvin Barotsky: On March 18, 1991, Conditional Use Permit No. 301 was reviewed for compliance with the conditions contained therein. As a result of this review it has been determined that you are in violation of Condition No. 8, 9, and 12 in Planning Commission Resolution No. 2652. Condition No. 8, 9, and 12 states that: 8. This business shall operate on a take-out basis only, no tables or chairs shall be provided for the consumption of food on premises. 9. Four parking spaces adjacent to Suite E shall be reserved for the exclusive use of the proposed delicatessen. These spaces shall be clearly labeled for deli parking. Three employee parking spaces shall be provided at the rear of building C-1. 12. Advertisements and the menu for the proposed delicatessen shall emphasize that it is a take-out delicatessen and suggest that potential customers phone in their orders ahead of time. A sign to this effect shall be placed in a highly visible location in the deli. Please be advised that a public hearing before the Planmng Commission will be scheduled if compliance with the conditions of approval of your permit cannot be documented within 30 days of the date of this letter. The Planning Commission may, after a public hearing held in the manner prescribed in Chapter 21.50 of the City's Municipal Code governing Conditional Use Permits, "revoke or modify any permit if the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval." 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 CUP 301 - STARVIN MARVIN'S MARCH 20, 1991 PAGE 2 If you have any questions, please contact David Rick in the Planning Department at (619) 438-1161, extension 4328. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:DR:km c: Erin Letsch Ray Garrison PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Cadfifbab April 1, 1987 Fred G. Delany c/o Holmes & Reynolds Dev. Co. 839 West Harbor Drive, Suite 1 San Dlego, CA 92101 SUBJECT: CUP-301 - STARVIN' MARVIN'S Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, April 3, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on April 6, 1987 at the Community Development facility, 2075 Las Palmas Drive. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required colored exhlblt(s) with you to this meeting in order for your project to go forward to Planning Comission. If you do not plan to attend this •eetlng, please make arrangeaents to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at ^38-1161. CITY OF CARLSBAD MICHAEL 3. HOLZMILLER Planning Director Planning Department MOH:bn PLANNING DEPARTMENT 1 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlflibab April 1, 1987 Starvin' Marvin's 5k3^ Avenida Encinas, Suite "E" Carlsbad, CA 92008 SUBJECT: CUP-301 - STARVIN' MARVIN'S Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, April 3, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on April 6, 1987 at the Community Development facility, 2075 Las Palmas Drive. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required colored exhlblt(s} with you to this meeting In order for your project to go forward to Planning Comission. If you do not plan to attend this •eetlng, please make arrangements to have your colored exhlblt(s) here by the scheduled tiae above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL 3. HOLZMILLER Planning Director By: C/J^UAJ. Pranning Department MaH:bn Citv of Carlsbad Buildinc] Department 1-31-90 Starvin Marvins Deli Lori J. Hardin 5131 Avenida Encinas Ste. E Carlsbad, Ca 92008 Regarding Starvin Marvins, Conditional Use Permit #301 Please find enclosed two copies of tlie Conditional Use Permit for your Deli. If you have any further questions please contact Chris De Cerbo at 438 1161 ext 4445. Sincerely . -Ray M. Garrison Building Technician cc; Chris DeCerbo Planning Department 2075 Las Palmas Drive - Carlsbad, California 92009 - (619) 438-1161 # DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAO, CALIFORNIA 92008-1989 (619) 438-5591 Citj) Df CarlfiSbab December 4, 1986 Marvin M, Barofsky 5431 Avenida Encinas, Suite "E" Carlsbad, California 92008 RE: CUP-301 - STARVIN' MARVIN'S The Community Development Director, the City Engineer and the Planning Director have reviewed the application you sub- mitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should setup a meeting to discuss the issues with the appropriate staff member. Once the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/Issues: Application incomplete - more information needed. Precise location Square footage Project Planner: Chris DeCerbo Project Engineer: Tim Fennessy Seating or take-out Parking Floor plans Present S future circulation volume CITY OF CARLSBAD Inter-Office Correspondence TO : C^/C/s <c>^^,^/e. BO FROM: /-^^^i^^s-^ SUBJECT: syy^cy/Ay' y^^^i^^'^ OFFICE: DATE: 3/7/97 MESSAGE Att achment s REPLY: Reply Requested: Si gnature'T^^ Date Signature: Rev 1ew Comment Memo MEMORANDUM DATE TO: FROM; Engineering Department Fire Department Building Department ToAjf yf/}-T4 Parks and Recreation Department Pol ice Department Costa Real Municipal Water District N, County Transit District Planning Department SUBJECT: Request for Review and Comment on Application No. Propos al Project Planner: C/^ut^- ^n^n/rr' This item has been tentatively scheduled for the Planning Commission meeting of - . Please review and submit written comments and/or conditions to the Planning Department by o^U-. // . 11" not received by that date, it will "Be assumed that you have no comment and the proposal has your endorsement as submitted. Thank you. Comment A. 0 /2. 9uT r Tx)/^g /'/ IS Aoy^f^Tep jrr or- 771^/^k T~fJic PpoTr£r /Ar Xir"r /^/^ r2 Luc DATE: TO ')( Planning Department Engineering Department FROM: Fire Department CONDITIONS FOR PROJECT # :6 STANDARD CONDITIONS Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Flre Department. <SID Additional public and/or on site flre hydrants shall be provided if deemed necessary by the Fire Marshal. (57) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed flre hydrants and on site roads and drives to the Flre Marshal for approval. A. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 6. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parklng/Flre Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 8. Flre retardant roofs shall be required on all structures. 9. Brush clearance shall be maintained according to the specifications contained In the City of Carlsbad Landscape Guidelines Manual. <1ID All fire alarm systems, flre hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Flre Department for approval prior to construction. 11. All roof-top appurtenances shall be architecturally Integrated Into the design of the building and shielding to prevent noise and visual Impacts, subject to approval before Issuance of permit. i^T) Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq. ft. (or less) areas. ADDITIONAL CONDITIONS/COMMENTS L// 6e /f^^/^a u-r-^J ^ /Tw Ojip/7'f January 26, 1987 Mr. Chris Decerbo Land Use Planning City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA. 92008 Dear Mr. Decerbo: Thank you for submitting CUP's 299 and 301 for review. Presently Route 321 operates along Paseo Del Norte. There are no plans to provide regular service along Avenida Encinas at this time. If service was provided then this project would not affect the accessibility to public transit. Sincerely, Steve Doyle Planner SD/mm /r^ A, ' ^> <^'^X% Costa Real VwVJ Municipal Water District '^Ij^^l^^ 5950 El Camino Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Dept: 438-3367 DATE: February 3, 1987 TO: City of Carlsbad Land Use Planning Office 2075 Las Palmas Drive Carlsbad, California 92008 ATTN: Chris Decerbo SUBJ: C.U.P. 301 - Deli @ Sea Pointe Tech Centre CRMWD Project No. 87-C-203(A) The subject project has been reviewed by the District's Engineering Department to determine the extent of District's involvement regarding existing and proposed water system to serve proposed project as follows: YES NO Are there transmission lines that affect project? ( ) (X) Are there existing facilities that will have to be reconstructed? ( ) (x) Are there new facilities that will have to be constructed? ( ) (X) Are there existing District agreements that have financial impact on the project? ( ) (x) Please contact Mr. Jerry Whitley if you have any questions regarding this project. Very truly yours. William E. Blakesl District Engineer WEB:sja cc: Mike Smith, Fire Marshal CRMWD 87-C-203(A) APPLICATION SUBMITTAL DATE: NOVEMBER 1986 STAFF KBPORT DATE: APRIL 15, 1987 TO: PLANNING COMMISSION FROM; PLANNING DEPARTMENT SUBJECT: CUP-301 - STARVIN MARVIN'S - Request for approval of a conditional use permit to allow a delicatessen and catering shop in a portion of an industrial building at 5431 Avenida Encinas in the Ocean Pointe Tech Center in the P-M Zone. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2652 APPROVING CUP-301, based on the findings and subject to the conditions contained therein. II PROJECT DESCRIPTION The applicant is requesting a conditional use permit for a delicatessen and catering shop located in suite E, at the southern end of Building C, in the Ocean Pointe Tech Center. (See Exhibit "B".) The applicant is currently renting this 1195 square foot suite, of which 395 square feet will be used for the delicatessen kitchen and customer service area; 400 square feet for a restroom, food storage, and utensil washing area; and 400 square feet for office use. The property is bordered on the east by Interstate - 5 (1-5), on the west by Atchinson, Topeka & Santa Fe Railway, and the properties to the north and south consist of office-industrial uses. The property is zoned P-M (Planned Industrial), requiring a conditional use permit for, "... uses limited to the sales of goods and services required for the convenience of occupants of the P-M Zone." In accordance, a conditional use permit is required for a take-out delicatessen at this location. III. ANALYSIS Planning Issues 1 . Can the four findings required for approval of a conditional use permit be made? Specifically: a. The requested use is necessary or desirable for the development of the community; is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b. The site for the intended use is adequate in size and shape to accommodate the use. c. All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. d. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion The City's Zoning Ordinance is fairly restrictive with regard to both permitted and conditional uses in the P-M Zone. As previously discussed, retail and service businesses are permitted by conditional use permit only if limited to goods and services required for occupants of the zone. The proposed delicatessen complies with this requirement since it provides a much needed service for the Ocean Pointe Tech Center. The conditions of approval will limit the hours and days of operation of this business, so that it coincides with the general hours of business at the Ocean Pointe Tech Center. As proposed, this project meets all of the requirements necessary for granting a conditional use permit. The proposed delicatessen is in harmony with the goals of the General Plan and will not be detrimental to the existing or future uses within the area. To ensure that no detrimental impacts will be created by this use, staff is suggesting the following conditions: 1. Tables for the consumption of food on the premises are not a1lowed. 2. No on premise cooking of food is allowed except for heating in a microwave oven and/or steam table. 3. The parking spaces immediately adjacent to the entrance shall be reserved for this use. 4. The applicant shall attempt to get as many people as possible to call in their orders ahead of time by placing signs on the premise and a note on the menu encouraging phone orders. -2- 5. Hours of operation for the proposed delicatessen shall be limited to 6:00 a.m. to 6:00 p.m., Monday through Friday. As shown by Exhibits "B" and "D", the portion of the suite proposed for the delicatessen is adequate in size and shape to handle the proposed use. All of the yards, setbacks, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. Staff did have a concern regarding the impacts that the proposed delicatessen would have on circulation and parking within the project vicinity. However, a traffic and parking study conducted by Federhart and Associates (see Exhibit "E") concluded that the project as proposed would not result in significant parking or traffic problems. Overall, it appears that the existing street and driveway system is adequate to handle all traffic generated by the proposed use. As conditioned, this delicatessen will provide a much needed service and will not adversely affect the other uses within the existing building in which it is located. Staff is satisfied that all required findings for a conditional use permit can be made. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is categorically exempt from environmental review, per Section 15301.(a). Minor Alterations to Existing Structures, of the California Environmental Quality Act. ATTACHMENTS 1. Planning Commission Resolution No. 2652 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Reduced Exhibits 6. Exhibits "A" through "D", dated November 12, 1986 7. Exhibit "E", Traffic and Parking Study 8. Letter from Traffic Engineer CDD:dm 3/23/87 •3- SITE GENERAL PLAN RISIDINTIAl Rl LOW DENSITY (01 5) RLM LOW-MEDIUM DENSITY(0-4) RM MEDIUM DENSITY(4'8) RMH MEDIUM HIGH DENSITY (8-15) RH HIGH DENSITY (U-23) COMMIRCIAL RRI INTENSrVI RfGIONAL RETAIL (eg. Plaia Cimlno Rill) RJl£ EXTENSrvi REGIONAL RETAIL (eg. Car Couniry Carlsbad) RS REGIONAL SERVICE C COMMUNITY COMMERCUL N NEIGHBORHOOD COMMERCIAL TS TRAVEL SERVICES COMMERCIAL O PROFESSIONAL RELATED CBD CENTRAL BUSINESS DISTRICT PI PLANNED INDUSTRUL G GOVERNMENT FACIUTIES U PUBLIC UTIUTIES RC RECREATION COMMERCIAL SCHOOLS E ELEMENTAJtY I JUNIOR HIGH H HIGH SCHOOL P PRIVATE OS OPEN SPACE NRK NON RESIDENTUL RESERVE ZONINQ PC R-A RE R-t R-2 R-3 R-3L ROM RD-H RMHP R-P RT RW O Cl C-2 C-T CM M P-M F-P LC OS P-U RISIDINTIAL PLANNED COMMLWITV ZONE RESIDENTUL AGRICULTURAL ZONE RURAL RESIDENHAL ESTATE ZONE ONE-FAMILY RESIDENTUL ZONE Tao-FAMILY RESIDENTUL ZONE MULTIPLE FAMILY RESIDENTUL ZONE LIMITED MULTI-FAMILY RESIDENTIAL ZONE RESIDENTIAL DENSITY-MULTIPLE ZONE RESIDENTUL DENSITYHIGH ZONE RESIDENTUL MOBILE HOME PARK ZONE RESIDENTLU. PROFESSIONAL ZONE RESIDENTUL TOURIST ZONE RESIDENTLU WATERWAY ZONE COMMIRCIAL OFRCE ZONE NEIGHBORHOOD COMMERCLU ZONE GENERAL COMMERCLU. ZONE COMMERCIAL-TOLTUST ZONE HEAVY COMMERCUL-UMITED INDUSTIUAL ZONE INDUSTRIAL ZONE PLANNED INDUSTRUL ZONE OTHIR FLOODPLAIN OVERUY ZONE LIMITED CONTROL OPEN SPACE PUBUC UTILITY ZONE i City of Carlsbad STARVIN' MARVINS CUP-301 BACKGROUND DATA SHEET CASE NO: CUP-301 APPLICANT: STARVIN MARVIN'S REQUEST AND LOCATION: Request for a conditional use permit to allow a delicatessen and catering shop at suite E, 5431 Avenida Encinas. LEGAL DESCRIPTION: Parcel 1 as shown on page 13051 of parcel maps filed December 9, 1983, within the City of Carlsbad, County of San Diego, State of California. APN: 210-090-45 Acres 5.66 (site) Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation PI Density Allowed Density Proposed Existing Zone PM Proposed Zone PM Surrounding Zoning and Land Use: Zoning Land Use Site PM Sea Pointe Tech Center North PM Industrial South PM Industrial East Freeway 1-5 West OS Open Space PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated not required ENVIRONMENTAL IMPACT ASSESSMENT ^Negative Declaration, issued E.I.R. Certified, dated Other, Categorically Exempt DISCLOSORB PORM APPLICANT: '^^^^UiN^'; K)/^viiN^'^ AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndication) Business Address^ iy>\<A' 4-^" O^e^ Telephone Nunber Business Mdress ' ^ TelejAione Nimber DARMOR DEVELOPMENT (619) 69 7-4 877 7051 Alvarado Rd. La Mesa, CA 92041 25% WESTERN COMMUNITIES OF SOUTHERN (619) 697-4877 CALIFORNIA, INC. 25% 7051 Alvarado Rd. La Mesa, CA 92041 DAVID E, HOLMES (619) 233-1415 839 W. Harbor Drive, Suite 1 San Diego, CA 92101 25% JAMES F. REYNOLDS (619') 233-1415 839 W. Harbor Drive, Suite 1 San Diego, CA 92101 25% The applicant is required to apply for Coastal Commission Approval i£ located in the Coastal lone. I/We declare under penalty of perjury that the infonnation contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. It.'..— iu \- i/Si^^ •:.''-'.:'^ \v\f'\t[\\:\\\\i\iii iiiinTii.^/r •^•A HMiri'hiiruiMiM'ijl? »- —V .1 .1 it UJ o I o LU Ill O L g < < UJ 0) T T f 11 to 1 ® '@ '" (j) • ^ t\ •'. y] (5) J 1- k ? (EXP® (5) ® 1 (9 I • J ® (5^ (ft (T; (B) (c) > •, . 1 1 'A -I- " i •a ij V iri;} {-V iri;} ® il <S> .. 0) r ® nTWt UJ iuii f < 8(0 Fedeihart & Associates 2321 l^nna Blvd.. Suite K San Diego, CA9211G (619) 276-1900 February 11, 1987 EXHIBIT E 8738 FIC AND PARKING STODIES FEB U iSa/ Mr. Bob Johnson, Traffic Engineer City of Carlsbad Carlsbad, CA 92008 Dear Mr. Johnson: Cl. Y OF CARLSSAD As you know, I have been in contact with you regarding the traffic study the City of Carlsbad requested for the proposed Starvin' Marvin's dell to be located in the Sea Pointe Tech Centre in Building Cl on Avenida Encinas. After our latest conversation regarding traffic generation at similar existing delis, we made two noon peak-hour surveys at two existing dells in Carlsbad. The following Is the gathered data: At Quality Dell, 2151 Las Palmas Drive, surveyed 2/6/87, 11:30 A.M. - 1 P.M.: Highest four 15-mln. periods: 11:45 A.M. - 12:45 P.M. High hour inbound cars (including curb parking) Highest 15 mlns. Inbound cars (including curb parking) High hour Inbound peds (excluding from curb parking) Highest 15 mlns. inbound peds (excluding from curb parking) Maximum number of cars parked at any time (Includes on-street parking) Number of cars parked Number of cars parked Number of cars parked Number of cars parked Number of cars parked Number of cars parked 41 12 18 9 9 (once) 8 (3 times) 7 (4 times) (3 times) (6 times) (9 times) (9 times) Observations; Most cars were parked 5 to 10 minutes. Many cars had multi-occupants. At Ginger's Dell, 5365 "B", Avenida Encinas, surveyed 2/9/87, 11:45-12:45 Hourly Inbound cars High 15 min. inbound cars Pedestrians Inbound Maximum number of cars parked 9 5 43 4 From all the above data, we think it is fair to say that the proposed Starvin' Marvin's on Avenida Encinas, not very far from Ginger'sDell, will not cause traffic or parking problems within Sea Pointe. Further, since it Is at the back of Sea Pointe, farthest from Avenida Encinas and without major signs, it will not attract casual passers=by nor cause traffic problems at the Avenida Encinas entrance. Mr. Bob Johnson February 11, 1987 -2- 8738 Generally, with regard to traffic Impacts, a food facility within an office/Industrial area is a plus since it generally decreases total traffic In and out of the whole area. Many "traffic management" programs these days, stipulate that such facilities be provided. The low volume of vehicles and the high number of pedestrians counted at Ginger's Dell above are evidence of this. As surrounding buildings become occu- pied and the centers mature, it Is expected that the percentage of pedestrians will Increase at both Ginger's and Starvin' Marvin's on Avenida Encinas and at the Quality Dell on Las Palmas Drive. Enclosed is an excerpt from a SCAG "Prototype Transportation/Land Use Ordinance and Report" dated October 1986 (note page 2, 5.e). From all the above, we are of the professional opinion that Starvin' Marvin's can be approved by the City of Carlsbad without fear of causing traffic or parking problems In the area. Yours truly. JWF:vc Enc. Federhart & Associates ^ B. Transportation Demand Management (TDM) shall Include programs and faclTltles for existing and new development that are Intended to change demand on the system and to change user behavior In order to reduce traffic congestion, such as: 1. Trip Reduction Program For Existinq Development a. Employers (U The creation of Tranitportation Management Associations (TMAs) for ex fs ting developiiien£~wBi cfi* generates x number of trips or more. (2) Possible options per work site: Preferential parking for ridesharers Reduce parking supply Reduce parking fees for ridesharers Set aside pick-up and discharge area close to entrance Reserved parking for ridesharers Provide an in-house carpool-vanpool coordinator Provide an active education and outreach program Provide subsidies or other Incentives for carpool- vanpool participants Provide fare subsidies, or other Incentives for transit use Provide vanpool vehicles for employee us« Provide park-n-ride lots for employee use compressed work week; staggered work hours; and flexible work hours. IV. TRANSPORTATION MANAGEMENT ASOCIATIONS (THA) may be formed to Imple- ment lOM ISM, and/or IFO strategies, lhe developers/employers may Jointly perform a these strategies. The primary function of a TMA would be to remedy solutions to commuter-related congestion prob- lems in conjunction with the city/county transportation coordinator for implementation of these activities. The city/county may identify employment centers and stipulate that an employer organization such as TMA may be formed within each, there shall be no more than three (3) TMAs In an employment center. The qualifying criterion for membership in TMAs shall be based on x number of trips generated by a single project. V. TRAMSPORrATlOM CyUHUiMMORS shall be an immediate source of ride- share InformaUon and Shall prepare and make available rldeshare Information, notices, questlonnares, handouts, computer matches, route maps- and shall have a permanent mailing address, daytime telephone numbpr, and office. Said coordinator shall administer Incentive programs such as bus passes, parking subsidies, etc. 5. Facilities a. Provide transit shelters. b. Provide bicycle racks. c. Provide pedestrian tunnels and overcrossings. d. Provide showers and lockers and bicycle lockers. e. Require new development to provide on-site amenities (restaurants, banks, newsstands, etc.) and shuttle services, if necessary. Federhart & Associates 2321 (Vtorena Blvd.. Suite K ^LflL 8738 San Diego. CA 92110 (619)276-1900 TRAFFIC AND PARKING STUDIES March 6, 1987 Mr. Bob Johnson, Traffic Engineer City of Carlsbad Carlsbad, CA 92008 Dear Mr. Johnson: As per our conversation on March 4, 1987, this letter confirms that Starvin' Marvin's has been allocated nine parking spaces of the 272 total spaces in the Sea Pointe Tech Centre. We are convinced, after our two studies in Carlsbad, that nine spaces will be adequate here especially since we expect that the number of pedestrians will be higher here than they were at the Quality Deli on Las Palmas. Also, with such a low generation rate for autos destined only for Starvin' Marvin's, we do not expect any on-site traffic problems caused by cars to and from the dell. Yours truly, Federhart & Associates V / JWFrvc FOR TAKE-OUT SERVICE OR FREE DELIVERY CALL 438-4044 CATERING SEMINARS BUSINESS BRUNCHES PARTY PLATTERS GIANT SUBS THEME PARTIES PARTY PLANNING SERVICE WEDDINGS "All of Our Quality Meats, Cheese and Salads Are Also Available by the Pound" BREAKFAST Served 7:00 am. to 11:00 am. BAGEL NOSHES TOASTED BAGEL WiTH: SCRAMBLED EGG $1.29 SCRAMBLED EGG AND CHEESE $1.69 HAM OR BACON, EGG AND CHEESE $2.59 SALAMI OR PASTRAMI, EGG AND CHEESE $2.49 BACON, HAM OR SALAMI AND EGG $2.29 CREAM CHEESE $1.49 CHEESE $1.59 BUTTER AND JAM $.85 SIDES FRESH MUFFINS $1.00 TOAST OR BAGEL $.85 CREAM CHEESE $.55 FRUIT $.60 BEVERAGES COFFEE $.50 $.75 DECAFFEINATED Sma//50<l: Large 750 HOT TEA $.60 ICED TEA $.60 MILK $.60 5431, SUITE E - Avenida Encinas - 1-5 STARVIN' MARVIN'S OCEAN POINT TECH CENTER Car Country Carlsbad STARVIN' MARVIN'S 5431 Avenida Encinas, Suite E Carlsbad, CA 92008 In the Ocean Point Tech Center 438-4044 - 438-4784 Monday through Friday 7:00 am. to 5:00 p.nn. Saturday 10:00 am. to 2:00 p.m. For your convenience, orders are accepted From 7:00 am.-71:00 am. FREE DELIVERY between 11:00 am. and 2:00 p.m. $5.00 MINIMUM PURCHASE FOR DELIVERY. HOUSE SPECIALS AND COMBOS BREADS: Wheat Rye, Egg, Sourdough, Pumpernicl<le ROLLS: Onion, French DRESSINGS: Mayonniase, Mustard, Thousand Island, Italian, Horseradish PRODUCE: Lettuce, Tomatoes, Onions, Sprouts Avocado - 500 extra • Cheese - 400 extra Served with Pickle Spear • Macaroni Salad, Potato Salad, Cole Slaw - 500 extra ITALIAN HERO $4.19 Ham, Mortadella, Dry Salami and Provotone on a French Roll Choice of Dressing. GODFATHER $4.69 Coppacolla, Dry Salami, Cotto, Mortadella Artichoke Hearts and Provolone on a French RoH. MILE HIGH CLUB $4.69 Bacon, Turkey, Ham and Swiss. Choice of Bread and Dressing. VEGETARIAN $3.59 Jack Cheese. Avocado, Lettuce, Tomato and Sprouts Choice of Bread. CALIFORNIA REUBEN Turkey, Swiss Cole Slaw and Thousand Island on Onion Roll. $4.69 SEAFOOD SALAD $4.69 A mixture of Shrimp Crab and Whitefish. Choice of Bread. TURKEY AND AVOCADO CLUB $4.69 Turkey, Bacon, Avocado and Cheddar Cheese on Sourdough. CRACKER BREAD ROLLERS $3.85 F;rs( we take Armenian Cracker Bread and spread it with Cream Cheese and a special Greek Seasoning. Then we add Leat Lettuce, Tomato and your choice ot Ham, Turkey, or Roast Beet or a combination of all three. Lori guarantees you'll love it! 1/2 ROLLER WITH SOUP OR SALAD $3.30 SANDWICHES CHOICE OF: Wheat, Rye, Egg, Sourdough, Pumpernickle, Onion RoH French Roll, Mayonnaise, Mustard, 1000 Island, Italian Dressing, Horseradish, Lettuce, Tomato, Red Onion, Sprouts, Pickles, Peppers Avocado - 50C extra • Cheese - 40<t extra Macaroni Salad, Cole Slaw, Potato Salad - 50<t extra w/sandwich We gladly make single item '/? sandwiches (no rolls please) - $2.15 HOT CORNED BEEF $3.89 HOT PASTRAMI $3.89 MEATBALL $3.69 B.L.T $3.49 LIVERWURST $3.29 ITALIAN DRY SALAMI .... $3.79 GENOA SALAMI $3.79 COPPACOLLA $3.79 MORTADELLA $3.29 COTTO SALAM I $3.29 ROAST BEEF $3.89 TURKEY BREAST $3.89 SMOKED TURKEY $3.89 HONEY BAKED HAM $3.89 BOILED HAM $3.69 TURKEY SALAD $3.69 CHICKEN SALAD $3.69 TUNA SALAD (Albacore) $3.69 EGG SALAD $3.29 CHEESE $3.29 Swiss, American, Jack Cheddar, Provolone, Pepper, Smoked Cheddar VIENNA ALL-BEEF HOT DOGS $1.95 With Kraut or Chili $2.45 HOT ENTREES We feature a rotating selection of Mexican and Italian entrees prepared fresh tor us by Chef Nardone. These items are also available in conjunction with our catering service and may be packed to go, microwave ready. MONDAY - WEDNESDAY MEXICAN SPECIALS TUESDAY-THURSDAY ITALIAN DISHES $3.95 SPECIALS DAILY! ASK ABOUT OUR DAILY SPECIALS CHILI And SOUP CHILI Cup $1.55 Bowl $2.05 SOUP OF THE DAY Cup $1.30 Bowl $1.80 • NEW ENGLAND CLAM CHOWDER Cup $1.50 Bowl $2.00 SOUP AND V2 SANDWICH .... $3.30 SOUP AND GREEN SALAD... $2.85 DELUXE SALADS GREEN SALAD Small $1.60 Large $2.60 CHEFS SALAD Small $2.85 Large $3.85 PASTA SALAD $2.50 TURKEY, CHICKEN OR TUNA SALAD $2.95 FRUIT SALAD $2.25 BEVERAGES COFFEE House Blend Small 50(t: Large 75<l; DECAFFEINATED (Brewed) Small 500 Large 75<t HOT TEA 604: ICED TEA (Sun Tea) 60C CANNED SOFT DRINKS 65$ MILK 60<: DR. BROWN'S SODAS 850 MINERAL WATER 75<l; ASSORTED JUICES 85«l; BEER IMPORTED $1.05 DOMESTIC $.95 WINE COOLERS -^1.25 DESSERTS CHEESECAKE $1.75 FRUIT-TOPPED CHEESECAKE $2.25 BLUEBERRY, BRAN OR BANANA NUT MUFFINS .... $1.00 APPLE or CHERRY TURNOVERS $.90 CINNAMON ROLLS $1.00 DATE NUT PASTRY $.40 BROWNIES $.55