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Home My WebLink AboutRP 14-22; El Corral; Redevelopment Permits (RP) (3)CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPUCATiONS APPUED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) Laolslative Pennits (•>• 3looimnt Permits ::oastal Development Pennit [ I Conditional Use Permit (*) j [Minor | [Extension I I Day Care (l^rge) Environmental Impact Assessment Habitat Management Permit Hillside Development Permit (*) (FOR DEPT. USE ONLY) Minor Minor Minor Nonconforming Construction Permit Planned Development Permit [ ^inor [ [Residential [ | Non-ResWential Planning Commission Determination • Minor Site Development Plan [ I Special Use Permit [ I Tentative Parcel Map (Minor Subdivision) Tentative Tract Map (Major Subdivision) Variance u Minor 00? [ [General Plan Amendment [ [Local Coastai Program Amendment (*) Master Pian Specific Plan Zone Change (*) Zone Code Amendment Amendment Amendment South Caristiad Coastal Review Area Perm rts Review Permit Administrative [ ^inor j [Major Villaae Review Araa Permits Review Pennit ^[Administrative | [Minor [ [Major (*) = eligibie for 25% discount NOTE: A PROPOSED PROJECT REQURING MULTIPLE APPUCATIONS MUST BE SUBMnTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 203-175-02 PROJECT NAME: El Corral BRIEF DESCRIPTION OF PROJECT: Redevelopment of existing retail space to deli. BRIEF LEGAL DESCRIPTION: ALL THAT PORTION OF TRACT 98, ACCORDING TO MAP THEREOF NO. 1661 LOCATION OF PROJECT: ON THE: SoUth 3040 Carlsbad Boulevard STREET ADDRESS SIDE OF Carlsbad Village Drive (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Washington Street AND Carisbad Blvd (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 12/13 OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIR TELEPHONE BiAIL ADDRESS; Village Redevelopment Partners 162 S. Rancho Santa Fe Rd. B-85 Encinitas. CA 92024 760-633-0006 sterlingdevelopment(gyahoo.com APPLICANT NAME (Prim): Village Redevelopment Partners MAILING ADDRESS: 162 S. Rancho Santa Fe Rd. B-85 CITY.STATE.ZIP: Encinitas. CA92024 TELEPHONE: 760-633-0006 EMAIL ADDRE st^fHfigdevelopme)ot(gyahoo.com HE LEGAL OWNER'AND THAT ALL THE ABOVE D CORRt?CT TO THE BEST OF MY SIGNATUR I CERTIFY "BRAT I AM>JHE LEGAL REPRESENTATIVE OF THE OWNER ANOaHATALL THE ABbj(E INF05*»(ATI0N IS TRUE AND CORRECT TO THE BESyOF MY KNOV DATE SIGNAlURE DATE APPLICANTS REPRESENTATIVE (Print): Hofman Planning & Engineering MAILING ADDRESS: 3156 Lionshead Avenue. Suite 1 CITY. STATE, ZIP: Carlsbad. CA 92010 TELEPHONE: 760-692-4012 EMAIL ADDRESS: bhofman(ghofmanplanning.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION 1/WE CONSENT TO ENTRY EQR THIS PURPOSE NOTICE^RESTRICTION: PRQf^ERTY OWWfeR ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING REObRDED Or/THE TITLE TO HIS PROPEpTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH LAND ANQBIND ANY SUCQESSORS^ INTEREST GQESSOR^ INTEf ROPERTY OWNER SIGNATURE FOR CITY USE ONLY DEC 2 2 2014 DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 6 Revised 12/13 Indemnification and Insurance Requirement for Viilage Area Administrative Pemiit Certification Statement I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold hannless, and defend the City of Carisbad and its ofTicers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation ofthe subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carisbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carisbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carisbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carisbad thirty days prtor to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carisbad 1635 Faraday Avenue Carisbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement Is a condition ofthe issuance of this administrative permit for the subject of this pennit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are pemnitted within the Village Review Area and the permittee remains in compliance with the subject approved pemiit. Signature Date: Certification Statement: I Certify that I am the Legal Propertv Owner for The subjecrt business location and that all of the above information is true and correct to the bo^af my knowledge. I support the applicant's request for a pennit to place the subjept^^rop^ on the pubfic sidewalk. I understand that an approved administrative permit shall remain in ef^dt for as long as outdopyiisplays are D^rmitted within the Village Review Area and the permittee remains in cfompliance v^ith the subjeid^pproved opfrnit. Signature. ^ t ^ Date: p-1 Page 3 of 6 Revised 12/13 Village Redevelopment Partners, LLC 162 S. Rancho Santa Fe Road, Suite B-85 Rancho Santa Fe Plaza Encinitas, California 92024 ph. 760.633.0006/fax. 760.633.0072 December 22, 2014 Hand Delivered City of Carlsbad Development Services, Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Re: Administrative Review Permit (El Corral) APN 203-175-02-00 3040 Carlsbad Boulevard Carlsbad, CA 92008 Dear Planning Division Member(s): In accordance with and pursuant to Section 21.35.080 ofthe Carlsbad Municipal Code, Village Redevelopment Partners, LLC is pleased to submit the following information in support of its Application for Administrative Review Permit for the "El Corral" property referenced above. 1. Village Review Area Administrative Permit, Form P-2(A); 2. Project Description, Form P-l (B); 3. Land Use Review Application, Form P-l; 4. Hazardous Waste and Substances Statement, Form P-l(C); 5. Disclosure Statement, Form P-l(A); 6. EIA Information Form P-l(D); 7. Two (2) copies, Owner's Title Policy issued by First American Title Company; 8. El Corral Vicinity Map (8.5" x 11"); 9. Noticing Package from Title Pro Information Systems, including one renters, apartment managers, mobile home park Manager's notice, one summary of Owner's list. Owner's list hard copy and two (2) sets of labels, one signed Certification and one set of maps. 10. Two (2) Checks made payable to the City of Carlsbad; one in the amount of $442 for the Application/Permit Fee and one in the amount of $27.44 for postage. 11. Four (4) copies, preliminary Site Plan prepared on 24"x36" sheets; and 12. Four (4) copies, preliminary Building Elevations/Floor Plans prepared on 24"x36" sheets; In addition to the information listed above, we are also presenting/submitting a copy of our preliminary food and beverage IVIenu(s) for our "market/deli" concept as well as some representative photos/Imagery. On behalf of Village Redevelopment Partners, thank you in advance for your review and consideration of our Application. If you have questions concerning "Park 101" or require any additional Information to support issuance of an Administrative Review Permit, please contact me or Alll Dixon at 760.633.0006. Thank you and have a Merry Christmas. Jeffrey C. Rasak Manager Cc: Brian Church, Tom Winn, Pete Cich, Bill Hofman, Steve Gibson, Ashley Westman, Danny Fitzgerald, Kim Rasak, Alii Dixon Ccityof Carlsbad PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: APPLICANTNAME: V/VM^£' J^^&\/^CjQ/0/nr>S^7^/Sy^?^ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for. or appropriateness of. the application. Use an addendum sheet if necessary. Descri ption/Explanation: P-1(B) Page 1 of 1 Revised 07/10 Hofman Planning & Enqineerinq TRANSMITTAL To: Phone: Date: Delivery: Jeff Rasak Company: Steriing Development Address: December 17, 2014 PICKUP Fc_a From: Shay Even • For Your Information • For Your Approval • For Your Review X As Requested SUBJECT: Park 101 Submittal Items Attached are the following items: Copies Date Description 2 2-4-14 First American Title Report 1 Vicinity Map 1 10-10-14 Noticing Package with 2 sets of mailing labels and radius maps Feel free to contact me if you have any questions. Hofman Planning & Engineering Shay Even Associate Planner Tel: (760) 692-4019 Direct Fax: (760)692-4105 Email: sevenighofmanplanning.com 3156 Lionshead Ave, Ste. 1 Carlsbocd CA 92010 760-692-4100 Fox 760-692-4105 Ccityof 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 Govemment Code Section 65962.5) Pursuant to State of California Govemment Code Section 65962.5. I have consulted the Hazardous Waste and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): IB The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. I I The devetopment project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT lilame: Village Redevelopment Partners Address: ^- F^a"cho Santa Fe, B-85 Encinitas, CA 92024 PROPERTY OWNER i^ame: Same as applicant Address: Phone Number: .760-633-0006 Address of Site: 3040 Carlsbad Blvd. Phone Number: Local Agency (Crty and countvv City of Carlsbsd, County of San Diego .203-175-02 Assessor's book, page, and parcel number Specify list(s): None Regulatory Identification Numbfi? Date of ApplicantGignature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the Califomia Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Per the Califomia Environmental Protection Agency's website. "While Govemment Code Section 65962.5 [refenred 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 Intemet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate infonnation resources contained on the Intemet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.qov/sitecleanup/CorteseList/default.htm www, calepa • ca. qov/database/calsites www.envirostor.dtsc.ca.qov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker. waterboa rds. ca. q ov/ County of San Diego Department of Environmental Health Services www.co.san-dieqo.ca.us/deh Hazardous Materials Division www.sdcountv.ca.qov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego. CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.qov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.qov/superfund/sites/npl/npl.htm p-1 (C) Page 2 of 2 Revised 02/13 ^ EIA INFORMATION Development Services :c FORM ~ Pianning Division ^ CITY Of P 1/n\ 1635 Faraday Avenue PARI ^RAD •^'•l'-'/ (760)602-4610 '* r\ l_ J DrA L-' www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report. Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the Califomia Environmental Quality Act (CEQA) and Title 19 of Carisbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more infonnation provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Initial Study. P-1(D) Page lof 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. Name of project: do/C/C/^C 2. Name of developer or project sponsor: V/'//^ ^S^^A^^^ ^t^y^ /^/e^^i^S Address: 6? vS: /S?AndXo S^/^y^ City. State, Zip Code: <^c/^/7^S, <P^<^i^ Phone Number: 3. Name of person to be contacted conceming this project: ^^f^^l^^^^ 5*^< Address: City. State. Zip Code: (^^C/^^- p^<=>.^^ Phone Number: 4. Address of Project: Assessor's Parcel Number: ^CP3 - /75"- ^ ^ List and describe any other related pennits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: \/t ^^^<i<^ C VJ 7. Existing zoning district: \///<^Q<g^ /Se^^y/VcQ \/— 8. Existing land use(s): ^^T~*^fC - V////^^^ ^^^^ ^£^:^€\ji^/<y:?y^^-r 9. Proposed use of site (Project for which this form is filed): Project Description 10. Site size: j4./>/>^Ok:. '7^<^<=><=' S^^ 11. Proposed Building square footage: ^/*P^<^K.. 3^ "7^0 12: Number of floors of construction: 13. Amount of off-street pari<ing provided: /\/0/^^ 14. Associated projects: ^^/^^ p-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 16. If commercial, indicate the type, whether neighfc>orhood. city or regionally oriented, square footage of sales area, and loading facilities: V // //*^(2> ^/ (U>n-i4^uf^/ ^S^g^V^ A:* -/^ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate cleariy why the application is required: p-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss 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 pattems. 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: 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 stmctures 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 (residentiai, 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. Certiflcation I hereby certify that the statements furnished above and in the attached exhibits presentthe^ta anc information required for this initial evaluation to the best of my abilitw^anckthat the ^cts,;sfatements, ari£ information presented are true and correct to the best of my knowtet^ andijelief Yes • • • • • • • • • • • • Date: /c^//6/cP<^/^ Signature: , 2^^-t-^ ' ^-^-A^ ^ For: |/?//^<g" ^:^-eU^O/PM^£^/ P-1 (D) Page 4 of 4 Revised 07/10 C Development Services City of DISCLOSURE STATEMENT wanning Division Carlsbad ^ (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on alt applications which will require discretionary action on the part ofthe 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, fratemal organizati(Mi. corporation, estate, tmst, receiver, syndicate, in this and any other a>unty, ctty and county, city municipality, district or other politk:al subdivisk)n or any other group or combination a(^ng as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. /\ 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, 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 Dubliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) \ Person Coro/Part ^ 7T^o/V1 Title Title Address Address C\ OWNER (Not the owner's agent) ^k!<^^^P^S^'^ /'zi/Z/-/0&2^ Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) \ Person ^^h^^V^^^^ Corp/Par/^<g^ /^-TT^a^^d / Title rm/<*n^d^fi^ ~~ Title Address /Ce>c^ <^ • /Cia^t^i Address ^^rf. T^^B^r p-1 (A) Page 1 of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a tmst. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as tmstee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Councii within the past twelve (12) months? • ves No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary I certifYlh^ail the above i Signature of owner/date fi j-^ Signature of applicant/date VqjOt _ Print or type name of owner /^^ftT^^J^TtT* Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 Village Redevelopment Partners, LLC (Members List) 1. Jeffrey Rasak Inheritance Trust dated 4/10/12 2. Robert Wayne Neff 3. Madison Leigh Rasak 4. Fiona Grace Rasak EL CORRAL VICINITY MAP Hrst American 3131 Camino Del Rio N Ste 190, San Diego CA 92108 3 oz llllllillllllll^^^^ • 0100138515030215050* Transmittal 2/4/2014 Order No: 4533251 VILLAGE REDEVELOPMENT PARTNERS, LLC 162 S Rancho Santa Fe Rd Ste 885 Encinitas CA 92024 Enclosed please find 3 attached documents. First American Title Company Page Count 10 Form No. 1402.06 ALTA Owner's Policy (6-17-06) 1100302P050600 Policy Page 1 Policy Number: 4533251 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company Any notice of daim and any other notioe or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUB3ECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONOmONS, FIRST AMERICAN TIRE INSURANCE COMPANY, a California corporation (the "Company") Insures, as of Date of Policy and, t» the extent stated In Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or Incurred by the Insured by reason of; 1. Title being vested other than as stated in Schedule A. 2. Any defect In or lien or encumbrance on the Title. This Covered Risk Includes but is not limited to Insurance against loss from (a) A defect In the Title caused by (I) forgery, fraud, undue influence, duress, incompetency, Incapacity, or impersonation; (II) failure of any person or Entity to have auUiorized a transfer or conveyance; (III) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise Invalid power of attorney; (vl) a document not properly filed, recorded, or indexed In the Public Records including failure to perfonn those acts by electronic means authorized by law; or (vli) a defective judicial or adminisb'atlve proceeding. (b) The lien of real estate taxes or assessments Imposed on the Tide by a govemmental authority due or payable, but unpaid. (c) Any enCToachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "enaoachment" includes enaoachments of existing Improvements located on the Land onto adjoining land, and encroachments onto the Land of existing Improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The vtolaUon or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any Improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection If a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violatbn or enforcement referred to In that notice. 6. An enforcement action based on the exercise of a governmental police power not covered Ijy Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, Is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain tf a notice of die exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated In Schedule A or being defective (a) as a result of the avoidance in whole or in part, or fi-om a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state Insolvency, or similar aeditors' rights laws; or (b) because the instrument of transfer vesting Titie as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or simiiar creditors' rights laws by reason of the failure of its recording In the Pubiic Reconjs (i) to be timely, or (11) to impart notice of Its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect In or lien or encumbrance on the Title or other matter included In Covered Risks 1 through 9 that has been aeated or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Pubiic Records that vests Titie as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incun-ed in defense of any matter Insured against by this policy, but only to the extent provMed in the Conditions. PReStDENT First American Title Insurance Company mf i SECRETARV Form No. 1402.06 ALTA Owner's Poiicy (6-17-06) Policy Page 2 Policy Number: 4533251 EXCLUSIONS FROM COVERAGE The foilowing 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 govemmental 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; (ill) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these iaws, ordinances, or govemmental regulattons. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no k)ss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Poiicy (however, this does not modify or limit the coverage provkted under Covered Risks 9 and 10); or (e) resulting in kiss or damage that would not have been sustained iif the Insured Claimant had pakJ value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights iaws, that the transaction vesting the Title as shown in Schedjie A, is (a) a fraudulent cxxiveyaice 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 Mic/ and the date of recording of the deed or other instnjment of transfer in the Public Records that vests Titie as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or deaeased by endorsement to this poltey, increased by Section B(b), or deaeased by Secttons 10 and 11 of these Condittons. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other simiiar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" aiso includes (A) successors to the Title of the Insured by operatton of law as distinguished from purchase, induding heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidaOon, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideratton conveying the Tide (1) if the stock, shares, memberships, or other equity interests ofthe grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming ioss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any ottier records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constmctive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the derk of the United States District Court fbr the district where the Land is located. (j) "Title": The estate or interest described in Scheduie A. (k) "Unmarketable Title": Trtle affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable titie. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so tong as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Titie. This policy shaii not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Sectfon 5(a) of these Conditions, (ii) In case Knowledge shali come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Trtle, as insured, is rejected as Unmarketable Trtle. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to tiie extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a conditton of payment that the Insured Claimant fumish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of toss or damage and shall state, to the extent possible, the tiasis of calculating the amount of the toss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by Uiis policy adverse to the Insured. This obligation is limited to only those stated causes of aaton alleging matters insured against by this poiicy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of actton. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured In the defense of those causes of attion that allege matters not insured against by this poiicy. (b) The Company shall have the right, in addition to the options contained in First American Trtle Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 3 Policy Number: 4533251 Section 7 of these Conditions, at rts own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinton may l:e necessary or desirable to establish tlie Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, wtiether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any proviston of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an actton or asserts a defense as required or permrtted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdirtion, and it expressly reserves the right, in its sole disaetion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provkle for the defense of any action or proceeding and any appeals, the Insured shali secure to the Company the right to so prosecute or provtoe defense in the action or proceeding, including the right to use, at rts option, tiie name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evkience, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinkm of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to fumish ttie required cooperation, the company's obligations to the Insured under the policy shall terminate, including any Ilability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, aid copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, con-espondence, reports, e-mails, disks, tapes, and videos whether tearing a date before or after Date of PolKy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission. In writing, for any authorized representative of Bie Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All informatton designated as confidential by the Insured Claimant provided to the Company pursuant to this Sectkin shall not tie disctosed to others unless. In the reasonable judgment of the Company, rt is necessary in the administration of the claim. Failure of the Insured Claimant to submrt for examinatton under oath, produce any reasonably requested informatton, or grant permission to secure reasonably necessary Information from thircl parties as required in this subsection, unless prohibrted by law or governmental regulatton, shall terminate any liability of the Company under tills policy as to that daim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINA-RON OF LIABILITY In case of a claim under this policy, the Company shall have the following addrttonal options: (a) To Pay or Tender Payment of tiie Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together wrth any costs, attorneys' fees, and expenses incuned by the Insured Oaimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or contriue any litigation. (b) To Pay or Otiierwise Settte Wrth Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle wrth other parties fbr or in the name of an Insured Claimant any claim insured against under this policy. In addrtion, the Company will pay any costs, attorneys' fees, and expenses incun-ed by the Insured Claimant that were auttiorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settie witii tiie Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of tiie options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, induding any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered toss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company fbr loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Titie as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues rts rights under Sectton 5 of these Condrtions and is unsuccessful in establishing the Title, as Insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have Uie right to have the ioss or damage determined either as of the date the daim was made by the Insured Claimant or as of the date tt is settied and paW. (c) In addition to the extent of liabiltty under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance wtth Sections 5 and 7 of these Condrtions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Trtle, all as insured, in a reasonably diligent manner by any method, induding litigatton and the compleOon of any appeals, tt shall have fully performed Its obligattons with respect to that matter and shall not be liable for any kiss or damage caused to the Insured. (b) In the event of any litigation, including Ittigat'nn by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdictton, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settiing any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this poltoy, except payments made for costs, attorneys' fees, and expenses, shall reduce tiie Amount of Insurance by the amount of tiie payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or whtoh is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shaii be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of toss or damage have been definitely fixed In accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETUEMENT (a) Whenever ttie Company shall have settled and paid a claim under this policy, rt shall be subrogated and entttled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the Claim that the Insured Claimant has against any person or prciperty, to the extent of the amount of any toss, costs, attorneys' fees, and expenses paid by Uie Company. If requested by Uie Company, Uie Insured Claimant shall execute documents to evktence the transfer to the Company of these rights and remedies. The Insured Claimant shall pemitt tiie Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigatton involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover untii after the Insured Claimant shall have recovered its toss. First American Trtle Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Polfcy Page 4 Policy Number: 4533251 (b) The Company's right of subrogatton includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwtthstanding any terms or condrtions contained in those instruments that address subrogatton rights. 14. ARBnRATION Either the Company or the Insured may demand that the claim or controversy shall be submrtted to arbrtration pursuant to the Trtle Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provkled in the Rules, there shall be no joinder or consolWation wrth claims or controversies of other persons. AriDrtrable matters may include, but are not limrted to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connectton with its issuance or the t)readi of a policy proviston, or to any other controversy or claim arising out of the transaction giving rise to this poiicy. Ail arbHi-able matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of erther the Company or the Insured. All arbitrable matters when the /Vnount of Insurance is in excess of $2,000,000 shall be ariDltrated only when agreed to by botii the Company and the Insured. Arbttratton pursuant to this policy and under the Rules shali be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdictton. 15. LIABILITY UMITEO TO THIS POUCY; POUCY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any proviston of this policy, this policy shall be construed as a whole. (b) Any daim of toss or damage that arises out of the status of the Title or by any action asserting such daim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and auttienticated by an authorized person, or expressly incorporated by Schedule A of this poltoy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of tts terms and provisions. Except as the endorsement expressly states, tt does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) inaease the Amount of Insurance. 16. SEVERABILITY In the event any proviston of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to i:ie invalid, but all other provistons shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon Uie law affecting interests In real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of ttie jurisdiction where the Land is tocated to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this poiicy. In netther case shall the court or arbrtrator apply tts conflicts of law principles to determine the applicabie law. (b) Choice of l=orum: Any Irtigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court wrthin the Untted States of America or its terrttories having appropriate jurisdictton. 18. NOnCES, WHERE SENT Any notice of claim and any other notice or statement in wntlng required to be given to the Company under this policy must be given to the Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department. POLICY OF TITLE INSURANCE ^ C First American Title Insurance Company Form No. 1402.06 Policy Page 5 ALTA Owner's Policy (6-17-06) Policy Number: 4533251 SCHEDULE A First American Title Insurance Company Name and Address of Title Insurance Company: Rrst American Title Insurance Company 1 Rrst American Way Santa Ana, CA 92707 RIe No.: DIV-4533251 Policy No.: 4533251 Address Reference: 3040 Carlsbad Boulevard, Carlsbad, CA 92008 Amount of Insurance: $1,325,000.00 Premium: $2,504.00 Date of Policy: January 21, 2014 at 8:00 A.M. 1. Name of Insured: Village Redevelopment Partners, LLC, a California limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee 3. Title is vested in: Village Redevelopment Partners, LLC, a Califomia limited liability company 4. The Land referred to in this policy is described as follows: Real property in the City of Carlsbad, County of San Diego, State of Califomia, described as follows: ALL THAT PORTION OF TRACT 98 OF CARLSBAD LANDS, IN THE CTTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1651, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENQNG ATTHE SOUTHWESTERLY CORNER OF SAID TRACT; THENCE NORTHWESTERLY ALONG TTHE WESTERLY LINE OF SAID TRACT 98, A DISTANCE OF 70 FEET; THENCE NORTH 55° 27" EAST A DISTANCE OF 100 FEET; THENCE SOUTHEASTERLY ON A LINE PARALLEL WITH THE WESTERLY LINE OF SAID TT^CT A DISTANCE OF 70 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID TRACT; -mENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE OF SAID TRACT, 100 FEET TO THE POINT OF BEGINNING. APN: 203-175-02-00 First American Title Insurance Company Form No. 1402.06 Policy Page 6 ALTA Owner's Policy (6-17-06) Policy Number: 4533251 SCHEDULE B Rle No. DIV-4533251 Policy No. 4533251 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Part One: 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 daims 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 sun/ey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien, or right to a lien for services, labor or material not shown by the public records. Part Two: 1. General and special taxes and assessments for the fiscal year 2014-2015, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The fact that the land lies within the boundaries of the VILLAGE AREA Redevelopment Project Area, as disclosed by various documents of record. First American Title Insurance Company Form No. 1402.06 Policy Page 7 ALTA Owner's Policy (6-17-06) Policy Number: 4533251 First American Title Privacy Informatton 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 Infbrmation. We understand that you may tie concerned about what we will do with such Information - particularly any personal or flnancial infbrmation. We agree that you have a right to know how we will utilize the personal information you provide to us. Tiierefore, together with our subsidiaries we have adopted this Privacy Policy to govem tfie use and handling of your personal Information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govem the manner in which we may use Information we have obtained from any other source, such as Infbrmatkjn obtained from a public record or from another person or entity. First American has also adopted broader guklelines that govem our use of personal infbrmation regardless of Its source. First American calls these guidelines its Fair Information Values. Types of InftM-mation Depending upon which of our services you are utilizing, the types of nonpublic personal infbrmation that we may collect include: • Information we receive from you on applicatkins, forms and In other communicattons to us, whether in writing, in person, by teiephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request infbrmation from you fbr 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 fbr us to provkle the product or service you have requested of us; or (2) as permitted by law. We may, however, store such informatkin Indefinitely, including the period after whkti any customer relationship has ceased. Such information may be used fbr any internal purpose, such as quality control effbrts or customer analysis. We may also provide all of the types of nonpublic personal informatkin listed atiove to one or more of our affiliated companies. Such affiliated companies include financial service provkiers, such as titie 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 Infbrmation we collect, as described above, to companies that perform mariceting services on our behalf, on behalf of our affiliated companies or to other finandal institutions with whom we or our affiliated companies have joint mariceting agreements. Former Customers Even if you are no ksnger our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best effbrts to ensure that no unauthorized parties have access to any of your infbrmation. We restrict access to nonpublic personal informatkin about you to those IndivUuais and entities who need to know that infbrmatkm to provide products or services to you. We will use our best efforts to train and oversee our emptoyees and agents to ensure that your Informatkin will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Infbrmation Values. We currently maintain physical, electronk:, and procedural safeguards that comply with federal regulatkins to guard your nonpublic personal Informatkin. Information Obtained Tiirough Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat ihe informatkin about you we receive on the Intemet. In general, you can visit First American or its affiliates' Web sites on the Workl Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This Infbrmatkin is aggregated to measure the number of visits, average time spent on the site, pages viev«ed and similar informatton. First American uses this Informatkin to measure the use of our site and to devebp Ideas to Improve the content of our site. There are times, however, when we may need Infbrmatkin from you, such as your name and email address. When infbrmation is needed, we will use our best effbrts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to aooess specific account/profile information. If you choose to share any personal information with us, we will only use It in accordance with the policies outlined above. Business Relationsliips Rrst American Financial Corporatkin's site and Its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect fbr privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie Is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FlrstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provkte you with a more meaningful and productive Web site experience. Fair Infbrmation Values Fairness We consider consumer expectattons atiout their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. PubHc Recnrd We believe that an open pubiic record creates significant vaiue for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its Importance and contribution to our economy. Use We believe we shoukl behave responsibly when we use information about a consumer in our business. We witl obey the laws goveming the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to conect inaccurate informatton. When, as with the public record, we cannot correct inaccurate infonnatkin, we will take all reasonable steps to assist consumers in Identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and servkKS, our employees and others in our industry about the Importance of consumer privacy. We wiil Instruct our empioyees on our fair Infbrmatkin values and on the responsible collection and use of data. We will encourage others In our industry to collect and use Informatkin in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) First American Trtle Insurance Company Fii^t American Title First American Title Company 3131 Camino Del Rio North Suite 190 San Dlego, CA 92108 Phn-(619)238-1776 Fax- tlsc.sd.customerservlceOflrstam.com February 04, 2014 Village Redevelopment Partners, LLC 3040 Carlsbad Boulevard Carlsbad, CA 92008 RIe No.: DIV-4533251 Property: 3040 Carlsbad Boulevard, Carlsbad, CA 92008 Thank you for your business and trusting First American Title with handling this important part of your real estate transaction. We have enclosed your Policy of Title Insurance and our Privacy Policy. The Policy has three sections: • The Policy Jacket outlines the terms and conditions of the policy coverage. • Schedule A indicates the dollar amount of insurance issued, type of policy, parties to be insured and subject property. • Schedule B shows the items excluded from insurance coverage. A Policy may also have endorsements which add or change coverage. Those may also be attached as needed. Piease contact us with any questions or concerns. You may also find more information about us and the services we offer at our website, www.Firstam.com. We look forward to, and appreciate, the opportunity to provide our services to you in the future. Sincerely, Korey Mulvey Title Officer (619)238-1776 tiscsd .customerservice@f irstam .com 0 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY 0= THE OATA SHOWN. ASSESS0R:SPARCE1:S MAY NOT COMPLY IMTH LOCAL SUBDIVISION OR BUILDING ORDINANCES 203-17 """'S-.^.^ SHT10F2 rCONDO VILLAGE BYTHE SEA MODULE! OOC04-712M2 (SEE SHT 2) 2'CONDO VILLAGE BY THE SEA DOC04.371872 (SEE SHT 2) 3'CONDO VILUGE BY THE SEA MODULE III DOC04-9t1t75 (SEE SHT 2) sm DIEGO COUNPf ASSESSOR'S MAP BOOK 203 PAGE 17 MAP 14580 - CARLSBAD TCT NO 01-10 VILLAGE BY THESEA MAP 1661 - CARLSBAO LANDS MAP 775(365,535) - TOBN OF CARLSBAD AMENDED ROS 8648,9536,19530,19575 09 i i > VILLAGE BY THE SEA MODULE II DOC 04 - 712U2 POR LOT 1 - MAP 14580 ASSESSMENT PAR NO 203-172-26 SUB ID M- M SAN HE«I COUNTY USESSn'S MAP 203-17 2 OF 2 = 80' VILLAGE BY THE SEA - MODULE I DOC 04 - 371872 POR LOT 1- MAP 14580 ASSESSMENT PAR NO 203-172-25 SUB ID M-Wi < S CONDOMINIUM J City of CarlsbacJ Faraday Center Faraday Cashiering 001 1435501-2 12/22/2014 149 Mon, Dec 22, 2014 02:46 PM Receipt Ref Nbr; Rl435601-2/0050 PERMITS - PERMITS Tran Ref Nbr; 143560102 0050 0058 Trans/Rcpt#: R0106283 SET #; RPI40022 * DUPLICATE COPY * * 12/22/2014 02:48:43 PM * Amount: 1 @ $469.44 Item Subtotal; $469.44 Item Total: $469,44 1 ITEM(S) TOTAL: $469,44 Check (Chk# 001045) $442,00 Check (Chk# 001046) $27.44 Total Received: $469.44 Have a nice day! City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Applicant: VILLAGE REDEVELOPMENT PARTNERS Description Amount RP140022 469.44 304 0 CARLSBAD BL CBAD Receipt Number: R0106283 Transaction ID: R0106283 Transaction Date: 12/22/2014 Pay Type Method Description Amount Payment Check 469.44 Transaction Amount: 469.44 City of Carlsbad Faraday Center Faraday Cashiering 001 1435601-2 12/22/2014 149 Mon, Dec 22, 2014 02:47 PM Receipt Ref Nbr: R1435501-2/0051 PERMITS - PERMITS Tran Ref Nbr; 143550102 0051 0059 Trans/Rcpt#; R0106282 SET #; CDP14039 Amount: 1 IS $663,00 Item Subtotal; $663,00 Item Total; $663.00 1 ITEM(S) TOTAL: $663,00 Check (Chk# 1043) $663.00 Total Received: $663,00 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Applicant: VILLAGE REDEVELOPMENT PARTNERS Description CDP14039 304 0 CARLSBAD BL CBAD Amount 663.00 Receipt Number: R0106282 Transaction Date: 12/22/2014 Transaction ID: R0106282 Pay Type Method Payment Check Description Amount 663.00 Transaction Amount: 663.00 ^ City of Carlsbad APPEAL FORM P-27 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Date of Decision you are appealing: March 31,2015 Subiect ofthe Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. Please see Attachment 1to Appeal Form P-27. Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the appeal. Failure to specify a reason maw result in denial of the appeal, and vou will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information (attached). Please attach additional sheets or exhibits if necessary. Please see Attachment 2 to Appeal Form P-27. NAME (Print): Ron Presta MAILING ADDRESS: P.O. Box 7099 CITY, STATE, ZIP: Newport Beach, California 92658 RECEIVED —APR 08 2015 TELEPHONE: EMAIL ADDRESS: SIGNATURE: DATE: 949-759-1275 CITY Uh CARLSBAD PI ANMING DIVIGION alron7099@aol.com April 8, 2015 p-27 Page 1 of 1 Rev. 05/12 000001 Attachment 1 to Appeal Form P-27 000002 Subject of the Appeal The subject of this appeal is the City Planner's fmal decision to APPROVE Administrative Review Permit No. RP 14-22 and Coastal Development Permit No. 14-39, commonly known as the El Corral Pottery property, Assessor Parcel No.: 203-175-02 and 203-175-02-00, street address 3040 Carlsbad Boulevard, Carlsbad, Califomia 92008 . (Exhibit 1 hereto.) 000003 Attachment 2 to Appeal Form P-27 000004 Reason(s) for the Appeal: The decision maker made an error or abused his/her discretion in approving Administrative Review Permit No. RP 14-22 (the "El Corral Project") (Exhibit 1 hereto.) in that the decision was not supported by the facts presented to the city planner prior to the decision being appealed and there was not a fair and impartial hearing. The city planner approved the use of the El Corral Project as a delicatessen to avoid providing additional parking (Exhibit 2 hereto.), when in fact the El Corral Project should have been classified as a restaurant which requires additional parking. I. THE EL CORRAL PROJECT HAS NO PARKING! The El Corral property has no on-site parking! Not a single on-site parking stall! Imagine the snarling trafllc jams as visitors and residents drive slowly by the El Corral Project on the major coastal thoroughfare looking for an entrance into the El Corral Project and finding no entrance into the El Corral Project. What now? The visitors in their cars slowly proceed trying to find an entrance to the rear of the El Corral Project only to leam there is no vehicle entrance to the El Corral Project and no on-site parking! Incredibly, the Design Plan submitted to the City of Carlsbad shows the traffic volume more than doubling: Existing Traffic Volume (ADT) 280 ADT and Proposed Traffic Volume (ADT) 593 ADT. (Design Plans dated March 16, 2015 by Brian Church, sheet C1. ("Design Plans") The Design Plans were submitted to the City of Carlsbad and are not attached hereto due to size limitations.) More than double the traffic volume without a single parking space! Congestion doesn't begin to describe the traffic and parking quagmire the El Corral Project will create. 000005 n. THE EL CORRAL PROJECT IS A GROUP OF RESTAURANTS AND BARS THAT REQUIRE ON SITE PARKING. The El Corral Project has been approved as a delicatessen (Exhibit 2 hereto). The Carlsbad Village Master Plan and Design Manual ("Village Manual") defines delicatessen: "A delicatessen is defined as an establishment at which the primary business provides for ready-to-eat food products (such as cooked meats or prepared salads) and canned or bottled beverages which are purchased on the premises and typically consumed off-site. They may provide made to order sandwiches and / or salads. Serving and eating utensils are typically disposable. Food orders service is not provided to any tables which might be located on the premises. No waiters or waitresses are employed on the premises. A delicatessen is defined as "retail" for land use purposes" (Village Manual page 81, attached hereto as Exhibit 3.) Why did the El Corral Project developers attempt to pass off restaurants and bars as a "delicatessen"? Simple: the El Corral Project has no on-site parking and a delicatessen at the El Corral Property does not require additional parking. (Village Manual page 179 attached hereto as Exhibit 6 and Jeffrey Rasak email dated March 31, 2015, Exhibit 7 hereto.) The El Corral Project should be defined as "restaurant" for land use purposes as set forth in relevant part of the Village Manual: "An establishment at which the primary business is the preparation, service and retail sale of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served and consumed on the premises. The sale of any alcoholic beverages must be incidental to the primary restaurant business at all times that the business is open." (Village Manual, Exhibit 4 hereto.) 000006 1. The El Corral Project Prepares Food On Site. Exhibit 5 hereto, labeled "Park 101 at the village" ("Developer's Brochure") identifies three separate restaurants: (1) El Corral Deli and Dough; (2) Frazier Station Provisions; and (3) Garden Public. The Developer's Brochure , in parts A, B, C. and D clearly describes how foods are prepared on site, and as discussed below, the walk in refrigerators, walk in freezers, enormous dining rooms and kitchens readily distinguish the El Corral Project as a "restaurant" for land use purposes. Moreover, the Developer's Brochure states in relevant part: "Garden public is a community park inspired, multi use area, where our focus will be on family, recreation, dining, and beverage." (Exhibit 5, Developer's Brochure, page 4, emphasis added.) The Developer's Brochure further solidifies the proper land use designation as "restaurant": " Catering. We plan on offering a full catering menu for private events, wedding receptions, or on site events." (Exhibit 5, Developer's Brochure, page 6.) Delicatessens, do not offer on-site events as they do not have the parking to accommodate large on site events. All the more reason the El Corral project should have been designated "restaurant" for land use purposes. Patrons and customers dine and drink at restaurants and as such, the land use designation for the El Corral Project must be "restaurant". Principal Planner Chris DeCerbo makes this clear in his January 20, 2015 correspondence to the developers: "A delicatessen is a food service use where patrons typically do not stay for a long periods of time and order multiple alcoholic beverages." (Chris DeCerbo January 20, 2015 correspondence, page 2, Exhibit 8 hereto.) 000007 The Park 101 Concept Overview ("Developer's Concept" attached as Exhibit 9 hereto.) further solidifies the El Corral Project as a group of restaurants and bars: "The kitchen and grill will be exhibition style, ...." and "Once you order, you can choose from our community style seating areas: the park, inside dining area, or view deck." (Exhibit 8 hereto, emphasis added.) A colloquial saying sums up the El Corral Project: "If it quacks like a duck, swims like a duck, walks like a duck and flies like a duck, it is a duck." The Planning Department should call a restaurant a restaurant. 2. The El Corral Project Utilizes Waiters and Waitresses. Section B of the Developer's Brochure, page 3, admits to table service, which is a "restaurant" land used designation requiring on-site parking. The Developer's Brochure on page 3states in relevant part:"... serving breakfast, lunch and dinner,-service=fast casual...." To avoid sounding like a restaurant. The Developer's Brochure, on page 4, cleverly tries to disguise waiters and waitresses: "Expediters will bring out entire order to table, which will be indicated by table placard." Based on the fact that El Corral Project restaurants will utilize servers providing table service, the El Corral project should be designated a "restaurant" for land use purposes. 3. The Design Plans Reveal Restaurant Use. The Design Plans by Brian Church shows seating square footage as: indoor seating of 1, 461 square feet, outdoor seating as 1,424 square feet for total seating of 2,885 square feet! (Design Plans, sheetA9) 0C0008 What is the seating occupancy? Why so much seating area? The answer is simple: the Design Plans calls for 2006 square feet of kitchen, deli and snack bar area. (Design Plan, sheet A9.) Why so much space dedicated to dining area and food preparation? Because the El Corral Project is a restaurant, not a delicatessen. III. THE EL CORRAL PROJECT REOUIRED A FULL PUBLIC HEARING. By correspondence dated October 26, 2014, Glen K. Van Peski, Community & Economic Development Director wrote Bill Hoffman, stating in relevant part: "Based on the preliminary plans submitted, the building valuation of the proposed improvements outside of the existing structure is less than $60,000.00, which means that the proposed use would be reviewed as an Administrative Review Permit." (Exhibit 10 hereto.) If improvements outside of the existing stmcture were more than $60,000.00, a full public hearing on the El Corral Project would have been required. Simple math reveals that the El Corral Project should have gone to full public hearing: (1) Elevator installation approximately $50,000.00; (2) Outside stmctural steel cost exclusive of labor approximately $15,000.00; (3) build upstairs area outside of existing stmcture approximately $50,000.00. The existing level 2 stmcture is 125 square feet. (Design Plans, sheet A2.) The Design Plans call for building out 1,479 square feet on level 2 (Design Plans, sheet A2.) The cost to build out level 2 alone, must be more than $60,000.00. Of course the foregoing is not all inclusive and an approximation, but clearly demonstrates that the El Corral Project should have been subject to a full public hearing. 0C0009 IV. NO PROVISION IS MADE FOR REFUSE DISPOSAL. The trash and recycling area is located in the northeast comer of the El Corral Property. (Design Plans, sheet A2.) That area has no ingress or egress as it is boimd on all sides by neighboring properties. The amount of trash generated by 4070 square feet of restaurant space is staggering and will create a health hazard if left to ferment in an inaccessible area of the El Corral Property. Approval of the El Corral Project should be denied on this basis alone. V. THE EL CORRAL PROJECT CANNOT COMPLY WITH CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE REOUIREMENTS UNLESS THE EL CORRAL PROJECT IS A RESTAURANT. The El Corral Project bills itself as selling alcoholic beverages, going so far as to sell alcoholic beverage "Road sodas". (Exhibit 5, Developers Brochure, page 3.) While it is unlikely that the Califomia Department of Alcoholic Beverage Control will ever grant a license to sell "Road sodas", a quick review of the ABC licensing requirements shows that the El Corral Project would need a license type 41 or 47 (Exhibit 11 hereto.) both of which license types require a "restauranf designation. VI. THE APPELLANT WAS FORCED TO FILE THIS APPEAL WITHOUT THE BENEFIT OF THE CITY PLANNER^S FINAL APPROVAL LETTER. This appeal was filed without the benefit of the City Planner's fmal approval letter (Exhibit 12 hereto.) and the appellant reserves all rights to supplement this appeal upon receipt of the City Planner's final approval letter. 000010 VII. CONCLUSION. Based on the fact that the El Corral Project has no on-site parking, the fact that the Village Manual requires parking for a restaurant, the fact that the El Corral Project will prepare food on-site, the fact that there will be dining and table service on-site, the fact that the Design Plans call for 2,885 square feet of seating, the fact that the Design Plans call for 2006 square feet of kitchen, deli and snack bar area, the fact that a full public hearing was required for the El Corral Project, the fact that there is no provision for refiise disposal, and the fact that the ABC requires restaurant use for issuance of license types 41 and 47, the proper land use designation for the El Corral Project is "restaurant". Appellant respectfully requests that the City Planner designate the El Corral Project land use as "restaurant", that a full public hearing take place on the El Corral Project, and that the El Corral Project be required to provide parking, or, altematively, that the City Planner deny Administrative Review Permit No. RP- 14-22 and Coastal Development Permit No. 14-39 000011 C City of Carisbad ADMINISTRATIVE REVIEW PERMIT NOTICE OF FINAL ACTION OATE: March 31, 2015 APPLICATION NUMBER AND NAME: RP 14-22 - EL CORRAL PROJECT DESCRIPTION: Request to convert an existi.ng retail space to a defir.atesseri LOCATION: 3040 Carlsbaa Bouievar? APN: 203-175-02 The proposed development is located within the City ot Cartsbad's Village Review Area. No formal public hearing was required for this application. The City Planner has made a final decision to APPROVE administrative Review Permit No. RP 14-22. However, an appeal of this decision to the Planning Commission may be submitted to the City within IQ calendar days of the date of this notice. vA/ritten comments to this proposed development shouid be addressed to the City Planner, City of Carisoad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008, !f yoii h-jve any questions, commeats or concern:; regarding this application piease contact Austin Silva, at the City of Carlsbad Planning Division, C50) 602-4631, Monday tnrough Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. -5:00 p.m. Friday. Coi;i.rsu:iii:y & Lcono,ij;:>,i-lop'TCii: Pianning Division 16?5 Faraday Avenue •• Carisbac. CA Ti'j ^jC;: -460^ TfC-™'. J-ssftfi fr,x 000012 michael hewitt From: Austin Silva <Austin.Silva@carlsbadca.gov> Sent: Wednesday, April 01, 2015 2:05 PM To: mhewitt@lawverdict.com Cc: Ron E. and Allyson Presta Subject: RE: Pending Appiication RP-14-22-EL CORRAL. The permission for them to copy the documents will basically be a transmittal form attached to the documents that i wi put up at the Planning counter. The job number and name is RP 14-22 - E! Corral. Downtown Carisbad is governed by the ViilageJVIaster Plan and Design Manuai. I have included a link for you. We are intending on approving the use as a delicatessen which is classified as a retail use for land use purposes. The previous use of the site was retail as well. If a new business comes in that has the same parking requirement as Fhe previous use, no additional off-street parking is required. The definition of a delicatessen is on page 81 (85 of the PDF document). The- parking requirements are on page 178 (184 of the PDF document). Please let me know if you have any issues opening the document through the link below. http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD=24148 Austin Silva, AlCP Assistant Planner P: 760-602-4631 City of Carisbad Planning Division From: michael hewitt [mailto:mhewitt(S)lawverdict.com] Sent: Wednesday, April 01, 2015 1:52 PM To: Austin Silva Cc: Ron E. and Allyson Presta Subject: RE: Pending Application RP-14-22-EL CORRAL. •ear Mr. Silva, i contacted Palomar Reprographics from the list of approved blueprint companies you provided me and Palomar Will need: (1) the City of Carlsbad's permission to copy the requested documents; (2) a job number; (3) a job name; and i4) the counter at which Palomar should pick up the documents. Please provide me the foregoing information and 1 will forward the same to Palomar. 1 reviewed the zoning map on the Draf*: General Plan and the City of Carlsbad zoning map on the internet and due to the reduced size on my computer screen, cannot read the zoning codes for 3040 Carlsbad Boulevard, 3016 Carisbad Boulevard and 305 Carlsbad Boulevard. Can you provide me the zoning codes for those addresses, both under the Draft Genera! Plan and the existing zoning code? Thank you, • • Michael C. Hewitt 000013 Sidewalk Cafe-s Defmition — An o/ildoor cxlen.don of a resla/iranl, delkulessai, ke cream parhr or similar food senice use with the mujnnt} oj ils si'dlins^ capacity located imhmrs and where exierior sealinii^ occurs partially or wholly on puhltcproperty. . \ delicatessen is defined as an establishment al which tlx primary: business prnrides for ready-to-eat pood products (such as cooked meats or prepared salads) and canned or bottled herergijes which are purchased on the premises and typically consumed olj-site. I lie]' may proiide made to order sandwiches and I or salads. Senimi and ealinij utensils are typicaUy disposable. I •ood orders senice is not pronded to any tabks wind.) mioht he located on the premises. No waiters or waitresses are employed on tlx premises. A deliealessen is defined as "relaiP'!<»' It^nd use purposes. .1 restaurant is dejined under the ' 'restaurant with entertainment' 'pm isional use section of thispkm. Considerddons 1. .Since dl or a portion of Sidewalk (^<ifes occupy public property', rabies, chairs and waste receptacles can inrerfcre with normal pedestrian m()\ emenrs. 2. Tables, chairs, waste receptacles and other items, if located near street curbs, can interfere with car doors and pedestrian access to parking spaces. .1. Too many Cables and chairs can block access t.o the business's entr\'. 4. Since tables, chairs, umbrellas, waste receptacles, planters and other items are prominently located within rhe public right-of-wa\', they can ha\'e a substantial impact on the immediate visual environment. Location and Development Cnteria I. Sidewalk fables should be limited to eating and drinking estiiblishments. 9 Tables and ch;urs should not unduly disrupt pedestrian and veliicular mo\ ement. ,3. Tables should be placed a minimum of two teet from the curb to allow adecjuatc space for the opening of vehicle doors. 4. .\ clear area of at least fi\ e feet in width of linear paved sidewalk, tree of all obstructions, must be maintained to allow adequate pedestrian mox ement on the sidewalk in front of the business. 5. If installed, all fixtures, barriers, railings, landscaping or combination thereof shall be in place when the cat'e is in opei-ation and shall be stationarv' or permanent:, fixed to the sidewalk and contiguous to define the cafe boundary' and may be removed when cafe is closed. 6. '1 ables ;ire encouraged to be placed in line with tree wells, street lights and other street furnishing elements in order to maximize a linear unobst:ructed area. 7. Where tables are placed next to the building facade, a clear area of at least fi\-e feet in width should be maintained Co building entries. 8. i'ables must not block access Co fire emergencv facilities (e.g., fire hydrants). 'A Tables, chairs and umbrellas should be restrict:ed to the tVontagc (jf the business, and should noC encroach on the frontage of an\' adjacent business. 10. All sidew;ilk obstruction including non-permanent trash receptacles should be remtjved completely from the sidewalk area dail v prior to the close of business. 8 7 City of Carlsbad Village Master Plan and Design Manual 0C00i4 11. Furniture should be <jf unilbrm color and design and of substantial construction to wit:hstand outdoor use. Umbrellas should be made .>f a wood or metal framework and covered with fabnc. No \uiyl umbrellas shall be permicied. The (aiv i'lanner shall develop guidelines for e.xamples of acceptable sidewalk cafe harniture. 12. Trash receptacles should be provided by rhe eating or drinking esCablishmenC and the ;irea of the sidewalk cafe should be kept free of litter. I.''i. ,\ sidewalk cable permit muse be appro\'ed b\' the (at\' Planner prior to che use of sidewalk Cables. .\ fee to be set by the Cky (Council shall be required for processing the subject permit. This fee must be paid before che permit will be processed. 14. The approy'cd sidewalk table permit shall remmn m effect for as long as sidewalk tables are permitted withm the X'iUage /Vrea and the permittee rem;uns in compliance with the subject approved pemiit. No new permic shall be required unless fhe applicant ceases to use fhe sidewalk tables for a period of six monchs or longer; in this case, a new permit with appropriate fee would be required. The appro\'ed p(.:rmiC which remains m effecC may be amended without additional fees as appro\'cd b\' the (at\' Planner. 15. All the other necessaiy Cir\' and/or .\genc\' permits must also be obtained prior to the use of sidewalk tables. These permits may include a business license and/or a N'illage Review permit if required for the primarv eaung/drinking establishment. 16. The State Department of .Mcohol Beverage ('.onu-ol (AB(^) shall regulate the sale of alcoholic beverages within the X'iUage. The applicant must obtain the appropriate permits and/or appro\'als from ABC prior U> selling or serving alcoholic bev erages to customers using the sidewalk tables. 17. The (at\" Planner may approve temporar,' or perrnvnent enclosures for the sidewalk cafe -area as piu't of the sidewalk table permit if the Qly Planner finds that che enclosure will noc impede pedesD-ian traffic and is desired for other safet}' or aesthetic reasons. I(S. ,Applicant/pcrmircee muse sign an lndemnific;ition Statement holding che (jty of (Carlsbad hannless from anv' legal action resulting from sidewalk cafe (>pcratk)ns and/or an)- approved enclosures for this sidewallv. 19. The applicant must submit a (Certificate of Insurance co the (aCy of ("arlsbad in an amount Co be established by the Risk Manager of the (aly of (/^ii'lsbad. The (aty of (Carlsbad shall be listed as an "additional insured" on che (Certificate. The (Certificate must reiTuiin m effect for as long as the tables and chairs air placed withm the public right-of-wav (on the sidewalk). 21). Jn accordance with (Chapters 21.35 and 21.58 of che (Cai'lsbad Mumcipd (Code, che sidewalk cafe permic mav be revoked bv the (City Planner foHowing due process pnjcedures, if: 1) che conditions of che approv ed permit are nor being met; 2) conditions at or around the sidewalk cafe change; and/or ,3) if operation ofthe sidewalk cafe interferes with adequate or safe public use of the sidewalk. Findings — In order for the sidewalk table use to receire a Permii, it shall he consistent ivilh the followiiiii^fuuiinfis: 1. The applicant has complied with all ot the criteria established relative to Sidewalk (Calcs. 2. The use is noC likelv' Co resulc in health or safetv' problems nor is it likely co adversely impacc adjacenc uses. 82 City of Carlsbad Village Master Plan and Design Manual 0C0015 Rt.H.aa' ^>'^t*, '^v\h Ei^tertairimetif: De&ution of a Restaurant— .In establishment at nPich the primary business is the preparation, senice and retail sale of meals comprisitvj^ a varied sekcUon of foods and nonalcoholic herenioes prepared, sentd and consumed on the premises. The sak of any ah)l)olk berera»es musl he incidental lo the primaiy reslaurani business a! all times tfiat tlx business is open. "Incidental alcoholic berera/je sales" means that these sales are subordinated lo a minor position lo the sak of meals. Tlx inteni is for any alcoholic bereraoe lo be purchased will) a meal So more lhan twenty fue percent (2J%) of tlx interior area of the restaurant shall be used, desimed, arranijed or da 'oled to a use commonly assodated wilh a bar or other establishment primarily enogoed in //y on-premises sak ijl alcoholic bereraL'es. The interior area sliall include only those portions ofthe estahlisifmeni del vied lo regular use Ir); the public. I Ixse eslahlishments may nol ojjer lire music, recorded music pjr (kincino, comedy or olher enlerlainment al any lime. No coier cbaiye ispemilled al any lime for access to llie restaurant. 'These establisfimenis musl operate in a manner n fPicli is consistent n illi this defnition al all limes duriny^ posted business l.iours. Definition of Restaurant with Entertainment- llie same as the definition for reslaurani noted above, with the exception lhat these eslabkshmenls may offer live music, recorded music jor dancin«, comedy, or other entertainment for their dinins^ ffiests in addition to food and bereraoe senice. Considerations 1, The accivity often resulcs in many customers leaving the faciliCv' late at night with the potential for noise impacts on nearby residences from patrons and vehicles. 2. Restaurants with enterCainmenC often have use inCensiC)' wich a significanc number of patrons in che premises ac one time. P;irking convcniendy located to the facility is important. Location and Development Criteria 1. Restaurants wkh PCntercammenc should noc be locaccd where t:hcv arc likcR to adversely impact re.siderUial uses. 2. .\n adequate supply ot parking should be located conveniendy nearby. 3. (Consideration must be given to ensure that there will noc be an overconcenCrarion of restaurants with enCercainmenc at any given rime prior to approving a new rescauranc wich entertainment. Findings — In order for this use lo receive a 1 Pllaue Renew Permii, il should he consistent with tlx jolkivingjindinyis: 1. The rcs'taurant with entert:aiomenc is noC likely Co have a negative impact on Village residents. 2. .Adequate parking is com eniently located ne:ii- the premises. 79 City of Carlsbad Village Master Plan and Design Manual 000016 VERSION 2.7 WINTER 2014 Park 101 at the village PRESENTED BY: DBLTIGHT INC. SAN DIEGO, CA 000017 Park 101 PLAN OVERVIEW Practice: Name of Campaign: Property @ 3040 Carlsbad Blvd, Carlsbad, CA 92008 Campaign IVIanager: Peter Cich, Tom Winn, & Rob McShea Subiect Matter Expert: DBLtight Inc HISTORICAL PREMISE According to the Carlsbad historical society, Carlsbad started as a whistle stop on the new California Southern Railroad. In the 1880s, John Frazier, a former ship's captain, dug a fresh-water well that came to be used for thirsty locomotives. The stop became known as Frazier's Station. Frazier dug another well that produced mineral water. The water was analyzed and found equal in mineral content to one of Europe's most popular health spas, Karlsbad, Bohemia (now Karlovy Vary, Czech Republic). Later, Carlsbad was renamed Carl for a time because of confusion with Carlsbad, New Mexico, on train schedules and because of hysteria during World War I. Popular demand restored the former name. To take advantage of the find, the Carlsbad Land and Mineral Water Company was formed by a German-born merchant from the Midwest named Gerhard Schutte together with Samuel Church Smith, D.D.Wadsworth and Henry Nelson. The naming ofthe town followed soon after, along with a major marketing campaign to attract visitors. The area experienced a period of growth, with homes and businesses sprouting up in the 1880s. Agricultural development of citrus fruits, avocados and olives soon changed the landscape. By the end of 1887, land prices fell throughout San Diego County. However, the community survived on the back of its fertile agricultural lands. Carlsbad's roots lay in its rich agricultural past. For the past century, Carlsbad was known for its avocados, flower fields, and farming. A few years later El Corral pottery would become a perpetuator of the flourishing flower and agricultural business, being a staple in the Carlsbad village community. Winter 2014 Executive Summary 000018 Park 101 OBJECTIVE Why Park 101? Simply defined a park is a large public green area in a town, used for recreation. Our conceptual objective is to create a community gathering place for families, locals, active professionals, and tourists, while paying homage to the rich agricultural history of the Village of Carisbad, and maintaining the community familiarity of El Corral. PROBLEM Carlsbad, The Village by the Sea, is currently lacking in a fresh concept that brings quality food, drink, and the community together. CALL TO ACTION Conceptual Vision Park 101 Pork IOI IS a neighborhood gathering place with access to a multi-concept community inspired venue off PCH 101. How it works: Park 101 will be broken to down into four sections: A. El Corral Deli & Dough The concept behind El Corral will be two fold, focusing on two main functions: the express window and the retail deli. 1. The Express Window The focus of the express window will surround servicing our guests with two different house specialties. Winter 2014 Executive Summary 0C0O19 Park 101 The first house specialty will be hot fresh "Paczki" or "poonch-kes!' They are simple fried donuts that are rolled in granulated sugar and filled with jams, custards, and other crafty - artisan fillings. These treats are tied to Pete's grandmother's recipe, and are an example of a classic treat which, pulls nostalgic strings, yet can be updated for today's foodie palate. The idea is to have these made fresh 3 times a day, and incorporate a red light, visible to the street, to drop a subtle hint that the donuts are HOT, & FRESH. The second specialty for the express window will be made to order ice cream sandwiches. These ice cream sandwiches will be made with fresh, house baked cookies. We will have a couple of classic combinations, as well as some more interesting combinations, once again to pique the interest of the foodie. The third specialty for the express window will be our soon to be famous Tri Tip Dips. These Dips will be made with our house made tri tip. The tri-tip will be thinly sliced, dipped in our au jus, and layered atop a fresh French roll. These delights will be served with a side of our house potato salad and a side of our scratch made sauce. Finally, we also plan to serve an express breakfast. On the menu for this breakfast will be: a ready to eat tri tip breakfast burrito, a ready to eat vegetarian breakfast burrito, ready to eat - prepared fruit cups, and ready to drink, fresh squeeze juices. 2. The Deli The Deli will focus on retail sales of all of the following: • Packaged and Prepared foods case ("grab and go" packaged salads and prepared sandwiches, fruits, cold salads, deviled eggs). We plan to make all of these products in-house. • Pastry / Donut case. House made donuts, cookies. • Frozen Case. House made ice cream sandwiches Drink coolers (Crafty soda pops and cold pressed juice and H20), "Road sodas" individuallv sold craft beer bottles. Do-lt-Yourself, Organic coffee station. Using sourced roasters including, Stumptown Roasters / Joe's / Bird Rock Roasters Fresh squeezed juice. Simple menu of in house fresh squeezed juice. Fresh squeezed orange, grapefruit, and carrot juice will be juice and sold "grab and go." We will also have one juice of the day that will be made to order. All fruit and veg used for juices will be also sold for retail. B. Frazier Station Provisions serving breakfast, lunch, and dinner. - service = fast casual (A fast casual counter service is a type of eatery that does not offer full table service, but promises a higher quality of food with fewer frozen or processed ingredients). The menu will at FSP will be 60-40; 60% of the menu is prepared barbeque, ready to eat, assembly line Style while 40% of the menu is grilled to order. Ordering process: Customers will walk down the ordering line, with the actual encased kitchen line to their immediate right. At the end of the line the customer will place an order with the register clerk. Winter 2014 Executive Summary 0 C 0 0^2 0 Park 101 The menu will be over the encased kitchen line, chalkboard style. Upon payment, the customer wili receive a number placard with their receipt. Expediters will bring out entire order to table, which will be indicated by table placard. All drinks including soft drinks, water, beer, or wine will be poured by the clerk, or clerk bar back, upon ordering, (Please see attached menu presentation) C. Garden Public Garden Public is a communitv park inspired, multi use area, where our focus will be on family, recreation, limine, and beveraRe. We plan to have all of the following included in Garden Public: 1. 2. 4. Garden Public will have an indoor / outdoor beer and wine counter, serving up craft and micro brews along with a nice list of local and favorite wines. Garden Public counter will also service a small menu of snacks including, popcorn, pretzels, and pickles and co. We plan to incorporate a community style dining area. Long seating will be used to create the family / community feci. Our vision also includes a family recreation area. This area will be floored with quality turf grass, and complete with fire pit seating and game area. The game area will include favorites like corn hole, or shuffleboard. This entire area will give you that genuine park feel, as it will be family, dog, and fun friendly. Movie nights. We also plan on playing movies on a projector in our family recreation area. The movie would be projected on to a white pull down on the north wall ofthe rec area. This will give ideal vantage points for the recreational and fire pit seating. The movie nights would be serviced by the Garden Public counter, with items like popcorn, do-it-yourself s'mores, the aforementioned snack menu, and beer and wine. The collaboration of these concepts will be synergistic with the vision of a family community area. D. Tamarack Viewing Deck The second floor View deck, named after the Tamarack State Beach. The ambiance and lighting wili perpetuate the quintessential mood for enjoying the sunset and lounging throughout the late evening. During the day perch up on the lifeguard style chair to get the bird's eye view of the Village, people watch, and take a gaze at the Pacific. Early risers will enjoy a perfect way to start off a Sunday at the Village by the Sea. Winter 2014 Executive Summary Ul 0Q21 Park 101 TARGET MARKET / PRODUCT DEMOGRAPHICS Our product will be targeted towards, but limited to, 25 -^• year old adults, tourists, and families. According to Carlsbad / citydata.com: Population in 2012:109,318 (100% urban, 0% rural). Population change since 2000: -H39.7% Males: 54,284 Females: 55,034 Median resident age: California median age: ^ years Zip codes: 92008, 92009, 92010, 92011, 92024, 92056, 92078, 92081. Carlsbad Zip Code Map Estimated median household income in 2012: $78,238 (it was $65,145 in 2000) Carlsbad:$78,238 CA: $58,328 Estimated per capita income in 2012: $42,690 Carlsbad city income, earnings, and wages data Estimated median house or condo value in 2012: $602,300 (it was $308,800 in 2000) Carlsbad:$602,300 CA: $349,400 Mean prices in 2011: All housing units: $649,567; Detached houses: $741,945; Townhouses or other attached units: $431,863; In 2-unit structures: $418,205; tn 3-to-4-unit structures: $375,174; In 5-or- more-unit structures: $682,540; Mobile homes: $210,427 As a group, we collectively have a vast constituency that we have collected over our collective 50 years in the San Diego restaurant and bar industry, which has greatly contributed to our success as well as the venues that we have been affiliated with. PULL THROUGH The following are our points of emphasis, including our target markets for success. Locals. Our aim wiil be the active adults in Carlsbad, such as the biking, dog walking, jogging, beach going, active lifestyle folks ofthe community. We plan to offer incentives for "green" customers, those whom ride their bikes or walk to the venue. Tourism. Winter 2014 Executive Summary 5 000022 Park 101 We plan to tap into the tourism market through an aggressive concierge program through the surrounding Carlsbad Inn, and the soon to come Marriot. Another aim is to entice foot traffic through concept and inviting design. Families. Our concept will be a family friendly, dog friendly establishment. Our menu, planned garden area, and communal seating encourages family and multifamily gatherings to eat, socialize, and congregate. Catering. We plan on offering a full catering menu for private events, wedding receptions, or on site events- Going Green. "It's not easy being green" -Kermit the Frog ) We anticipate implementing "green" business practice throughout our concept. This would include but not limited to: Recycle bins Paper towel free Fryer oil used as bio fuel Incorporating solar energy Recycled products, such as: TO GO containers, plates, trays, butcher paper. Green cleaning supplies PR. Through our PR Firm, we will devise strategies, swaying corporate interest and conventioneers to purchase our product, through private events. Through our PR Firm, we will have an aggressive social media strategy Most importantly, through locally sourced, seasonal, and fresh ingredients, and empowered and talent latent team, we will provide a superior product to our guests. Winter 2014 Executive Summary 6 000023 Park 101 Winter 2014 Executive Summary 000024 Park 101 •' jTK- T3'4-3 - UMPtdW RO A STEALS COLDBRH corrrr •<, * I Winter 2014 Executive Summary 000025 Park 101 1. Winter 2014 Executive Summary 000026 Park 101 Winter 2014 Executive Summary 10 000027 Park 101 Winter 2014 Executive Summary 000028 Park 101 Winter 2014 Executive Summary 12 000029 Restaurant (vfiih nrmrJiautcntensimmcat) Outdoor Cafe (on private pwperi)) Microbrewery (inside the Coastal Zone) Microbrewerv (outside die CoastnlZone) Wincn' (outside tlie ConstalZone) Wirhin r.hc (C<KLsmJ Zone: One fpnc<e per Kill :^qu;vfc kxt of net Ikxirspaee (or laciliucs lesri !h;ui 4001) aquare feci. I'or faaliucs larger lhan ^M) i^quurc feci, fuftv .-^pacx.-i piuts one space per 5<Lsuuarc ri.-ci: ofnct iloor sn:icc m excess (jf-H.HiH .^^jirarc F<.-i-;i;. ,\musemeni games arcade - Includes video games, piaball machines, otiier mechanical and elcctnjnic amiusement devices. (,)ut,slQc rht; (Coflscal Zone: ()nc space per 12.5 square tcci; or TK:i ficjor space. N.i additional p.irkm;? rcquiicd if ouldoor scatinp; is equal l'> or less dian amount of ineloor :i_aLini;; one space i')er ii'fi Sv|i;.u:e Icei. of nel tloor space fi 'f ouidrior seraint: .U"ca wnich exceeds amounl oi'indoor seating. If incident;il ro .i restaiu'ant use, one space per 3(K) square tcci of net floor space. If sole use, one space per .3<) squ.irc icetof net floor space. ] I rncidenr.il t(> a restaurant usi.', < mc space pei" 5i H i s^juare kei oi nca fh Rtr space. I f sole use, one .<p.icc per 12.S square icci oi net lluor space for the -astinc; rooir. and OIK: space ;ier 3!t'i sijuare ieel of net floor sp.ice lor ;ill olher uses (c.g.. produetu)!), slorai;e, anti retail s.des! H incidentiVl lo a reslaurani use, one space per 300 square i'eet of nel n<"M>r .sj^yace. tf sole use, one stMe~e per 12.5 square feetof net tl<¥)r space for ihe tasi.in£> room and one space per 5; 10 square feet of nst lloor space for all otner uses (e.g., producuon, stoniiie. and retail sales; < )nf: space per 10(1 sq'uare feel of nei lloc'r sp.ice. Bar/cocktail lounge Cisiema Cultoral facilities Ni^'ht club Pool hall/billiard parlor Sports entertainment uses Professional Office: Includes business and medical ofBces. Financial Insotiirions: Including banks, savings and ()ne space per 50 se[uare feet of net floor space, f )ne space per each free seals. .Museums: (, )ne space per SlH) square tccr of net il<X)r space, Performini.^ arts: Otic space per live scats or one: space per 1 (X) square feet of :isse;mbly area, whichever is greater. ( Ine space per So Nqu.ire ilvt of net fltxw space, (' )nc space per tabic. iVm lmij .i11e\; (>ne space per 6 lanes; Ice,/roller rink: i )nc space per 20O siju.ire feetofnct flo< )r space: mi eUib^,: ( ^ne space per '5 square feef of pool area; Tennis clubs: Three spaces per couri, Wunm the fxiaslal Zone: ()ne sp:,ice per .,>f)0 square feet of uei £l(x)r space. ( >utsde the C",<!astal Zone: Ont space per 350 stjuiire feet ot nel uoi„: space. ()ne -jpace [ier 25<1 square feel o: net door space. loans, and credit unions. 7 79 City of Carlsbad Village Master Plan and Design Manual 000030 michael hewitt From: ALRON7099@aol.com Sent: Tuesday, March 31, 2015 9:32 PM To: mhewitt@lawverdict.com Subject: Fwd: El Corral, 3040 Carlsbad Blvd., Carlsbad, CA —Original Message— From: Jeffrey Rasak <sterlingdevelopment@yahoo.com> To: ALRON7099@aol.com <alron7099@aol.com> Cc: bhofman <bhofman@hofmanplanning.com>; brian <brian@brianchurcharchitecture.com>; dannyfitz21 <dannyfitz21@gmail.com>; tom <tom@theduckdive.com>; pete <pete@theduckdive.com>; steve <steve@urbanplaceconsulting.com>; ashley <ashley@urbanplaceconsulting.com>; don.neu <don.neu@cadsbadca.gov>; glen.vanpeski <glen.vanpeski@carlsbadca.gov>; Chris.decerbo <chris.decerbo@carlsbadca.gov>; austin.silva <austin.silva@carlsbadca.gov>; jed <jed@weinbergapc.com>; kimmrasak <kimmrasak@yahoo.com> Sent: Tue, Mar 31, 2015 8:22 pm Subject: Re: El Corral, 3040 Carlsbad Blvd., Carlsbad, CA Thank you for the quick reply. Allow me to respond to the four issues you raised. First, regarding the 1 page notice you received from the City with a "very short fuse and no real information", I have to assume the City followed its standard procedures and proper protocol in providing you with such notification. Having duly received that notification, I believe it was incumbent upon you to follow up and make inquiry to me andlor to the City if you had any questions or needed additional information. We are not mind readers. You have known (or should have known) about this project for quite some time and yet you've never called, emailed or made any attempt whatsoever to ask us questions or get any additional information about the project. Even now, after my phone call and email to you today in which I offered to produce any information you needed or wanted, you still have not requested or identified a single document or item. ,As to your second issue concerning parking, you are correct that the El Corral property does not have off-street parking and has never had off-street parking during the past 50+ years of its operation as a "retail" business in the Village of Carlsbad. I assume the lack of off-street parking at El Corral over the last 50+ years has never been a problem for you before (or for any ofthe other properly owners and businesses in the area who are supportive ofthe project, including the Carlsbad Inn). Our proposed Park 101 concept is a permitted ("retail use" within the meaning ofthe Carlsbad Municipal Code and no new or additional parking is required. If we were proposing a "restaurant" at El Corral (which you mistakenly believed was the case), then yes, we would be required to provide ten (iO) off-street parking spaces for every 1,000 sq. ft. of restaurant space. However, Park 101 is not a restaurant, but rather a market/deHcatessen and allowed and provided for as a "retail establishment" for land use purposes under the Carlsbad Municipal Code. Your stated concern is that our patrons would "potentially" park on your property. That is simply not the case and we can provide you with adequate assurances as well as certain means and methods to safeguard against that "possibility". Seems pretty crazy and irrational that you would appeal our project because of a remote "possibility" that one of our customers could "potentially" park on your property, especially since we can take measure lo insure that does nol happen. 000031 Thirdly, and with respect to a meeti^f^we understand you are busy and cannoHneet until April 13. We will take the April 13 slot and appreciate you making time oul of your busy schedule. Please let me know where and when lo meet. Lastly, and given the "statutory lime limit for filing an appeal and the lack of information you were given by the Cily", you apparently feel lhal you have lo move forward and file an appeal. As I am sure you know, filing an appeal is unnecessary, time consuming, costly, without merit, and would jeopardize not only our lease bul the entire projecl. I cannot imagine nice people like Ron and Allyson Presta wanting or intending to bring about lhat result. Jeffrey C. Rasak President and Chief Executive Officer Sterling Development Corporation Rancho Santa Fe Plaza 162 S. Rancho Santa Fe Rd., Suite B-85 Encinitas, CA 92024 ph: (760) 633-0006 fax: (760) 633-0072 e-mail: sterlinqdevelopment(a)yahoo.com From: "ALRQN7099@aol.com" <alron7099@aol.com> To: sterlingdevelopment@vahoo,com Cc: bhofman@hofmanplanninq.com: brian@brianchurcharchitecture.com: dannyfitz21 @qmail.com: tom@theduckdive.com: pete@theduckdive.com; steve@urbanplaceconsultinq.com: ashlev(S)urbanplaceconsultinq.com: don.neu(5icarlsbadca.qov; qlen.vanpeski@carlsbadca.qov: chris.decerbo@carlsbadca.qov: austin.silva@carlsbadca.qov: iedcaiweinberqapc.com: kimmrasakO.yahoo.com Sent: Tuesday, March 31, 2015 6:08 PM Subject: Re: El Corral, 3040 Carlsbad Blvd., Carlsbad, CA Dear Jeff: In receipt of your email, I am confused over a few things. First, my only notice was a 1 page notice received March 23, 2015 with a very short fuse, and no real information. Secondly, you have absolutely no on site parking for your total 7000 square foot parcel. As I stated, my concern isn't that Cessy's Taco Restaurant does not want competition, what I stated was that your restaurant customers, with no place to park at all on your property next door, that your customers would be potentially parking on our Cessy's/Royal Palms Liquor property. And those customers of yours, in addition to filing up our parking lot, would subject myself to additional liability, such as trip and falls, cars being damaged, damage to parking lot, etc. Thirdly, As far as refusing to meet with you, that is not true. 1 explained that from today (the first of the month) to next week, my 8 year old twin boys have a school recital, doctors appointments, Easter activities, a family trip for Easter weekend, and I have over 200 tenants that send in rent payments (that my husband and I manage ourselves), I have quarterly state and federal forms to file, etc., AND no school for my twins all the next week-so I don't have any extra work time available till the 13th. 000032 CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov January 20, 2015 Village Redevelopment Partners B-85 162 South Rancho Santa Fe Road Encinitas, CA 92024 SUBJECT: 1st REVIEW FOR RP 14-22/CDP 14-39 - EL CORRAL Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Administrative Review Permit, application no. RP 14-22, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The city may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the city asks that you provide three (3) complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days. In order to expedite the processing of your appiication, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, 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 Sincerely, CHRIS DeCERBO Principal Planner CD:AS:fn c: Hofman Planning & Engineering, Suite 1, 31S6 Lionshead Avenue, Carlsbad, CA 92010 Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry ("] Ti 0 A Q Q Planning Division •J'^ ^J^.JOO 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® RP 14-22/CDP 14-39 - EL CORRAL January 20, 2015 Page 2 ISSUES OF CONCERN Planning: 1. Please remove the indoor and outdoor bar seating area (service counter) on the first floor. A bar seating area is not consistent with delicatessen uses throughout the Village. C Please remove the bar (service counter) from the upstairs "Tamarack View Deck." Including a bar on the second floor view deck encourages patrons to order additional alcoholic beverages and stay for longer periods of time. A delicatessen is a food service use where patrons typically do not stay for a long periods of time and ordef multiple alcoholic beverages. 3. Additional parking will be required if the outdoor seating is greater than the amount of indoor seating. The parking requirement is one space per 100 square feet of net floor space for outdoor se iting area which exceeds the amount of indoor seating. The plans indicate that there is 1,462 square feet of indoor seating area and a total of 3,966 square feet of patio area between the ground floor and the "Tamarack View Deck." Please ciearly delineate the outdoor seating areas and indicate the size of each area. 4. Please add a note on the plans stating that all signage for the future business will be approved under a separate sign permit. Engineering: 5. Delete the sidewalk dining improvements from the site plan if it is not part of this permit application. Submit a separate sidewalk cafe permit application forthe said improvements within the public right- of-way. The sidewalk cafe application must include details ofthe improvements including material, color, size and height of rails or walls (must not exceed 36"), tables, umbrella, etc. The proposed improvements must comply with the sidewalk cafe design requirements provided on pages 81 an d82 of the City of Carlsbad Village Master Plan and Design Manual (see attached). 6. Provide details including height, length, and width, material and color for the proposed awning at the walk-up window, bicycle rack and enhanced walkway. It must comply with the requirements in the City of Carlsbad Village Master Plan and Design Manual. A right-of-way permit application and encroachment agreement will be required for ail structures proposed within the public right-of-way. 7. Please indicate the size of the existing water meter. A larger water meter may be needed. Provide water meter sizing calculations and indicate the proposed water meter size on the site plan. 8. Please show the connection of the proposed grease control device to the existing sewer lateral. 9. Ciearly show property lines and indicate iot line dimensions (distance and bearings) shown on the preliminary site plan. 10. Please comply with all comments shown on the red-lined preliminary site plan. 000034 PARK 101 CONCEPT OVERVIEW CONCEPT PARK lOl is neighborhood gathering destination with access to a multi-concept community inspired by Pacific Coast Highv/ay 101. staying true to it's roots, PARK lOVs EL Corral Deli & I ' Dough offers everything you need all-in-one stop! Need a coffee or juice to start your day? Grab lunch with friends and try our signature Tri-Tip Sando. Or treat yourself with our signature house-mode donuts "Poonchkes" and cookies. 3» . > •^^LS J MENUS *)joy a movie, snacks by the fireplace, play gomes or sip on croft beer & wine at GARDEN PUBLIC. Open to all families, friends & pets, this destination will be sure to hove you feeling at home. ARK 101 's moin kitchen counter serving a BBQ Menu with READY-TO-EAT items. The kitchen and grill will be exhibition style, making it open & visible to customers in line. Once you order, you con choose from our community style seating areas: the pork, inside dining area, or view deck. lADY EAT mm THE SULl ALACMIE KATES SIDES I MORE SANDBS SNARES ft SALADS ;MENUS imEs A NEATS OF T}€ DAY •Am KKS .H4W*i»N ROi, a ICUSE H>« 9«UJB» PrtHK IHSCO UAIir UACX HB PLATES »1 i 1 SMiKH) MEAT 8 2 SUES «2-2 SKXED MEArS ii 2 SUES SATCOS SEWED WITH CHK CF 1 SDE PILLED HURK PAW iMSXtl KKKEY SAUSAGE EL CIHRAL TM TP PARK lUiGEP SOES a MORE SMI PAPAYA SLAW PIM( I£ILY MAC conjA oiHN cm ISaOAN f «S UtKMAN PUFAIU SALAl) mto GREEie tVEKYlN-: LUVtS CHU AGM ,ICOnA APPLE FUTTERS !C£ CfiEAM 8 CIXKE ROM T>€ GRLL SERVED WITH 2 SOES 8 Rdi CATCX 2 FAHM 11 IM TP 11 CUASTiV SALMW ll STATIN OtXEN 1« SHARES & SALADS \vmn VERT CASSEWIE F«u PCKLEs a cu PAW Wl amv CAPiiESE SKEWEHS ^ PARK I a cui KALE [ FRAZIER STATION iJ3M 0 «^ $$ MINI FSP BURGER : ; GRLLeDOMITMieRS $$ WANr MOBE? C800SE yot« sn«:: FRUn CUP « FRIfS » ONION RIN65 » MINI-CFA5AR a MIXf D 6Rf FN,S Ji *1 EGG BlRfirro VMTH VEGCES 8 ItUSE SAItE $» »2 EGG BUWTO wm m-ip nmsE SAUCE S KUITAMESE ts *3 EGG BUKMIO '.MIH IJACIN AM) CI-ECOAR CHEESE ts EL CORRAL BREAK SAfMT st win SCHAMIEI) EGGS APRE SMIKEI) UAUW 8 UCIJJAR OtESE Oh A KNGS flAWAlVi UlL FRAZER STATtW SANffT u WITH SCRAMltl) EGGS UffPED IJWJKET Hl»ISE im 8 i«VAHTl avSS '.ft « FRENQi HILL SMDKED TURKEY 8: AVO SCRAhfiLE ts WITH FHAZEH STATIlt RITATl£S 8 A WAKM BLL VEGGE SCRAMBLE st VMIH FRAZER SIATDK POTATCIES 8 A WARM HLL PANCAKES R EGGS Jt MARKCT BREAKFAST tt]. $$ SCRAMiLEl) EGGS IJACIN PANCAKES FRAZER STAHN PIIIATCES 8 A WARM HIIL MAFKCT BREAKFAST 2: JS SCRAMJ.EI) EGGS SAIBAGE, P«CAI«S FRAZEH SIAIIK PIlTAItS 8 A WARM RILL KTTCHEN SN< BREAKFAST: st SCRAMiLED EGGS IJBSKET PORK, SAOW PANCAKES FRAZER STAIIK H)TAI(£S 8 A WARM RILL hW BREAKFAST: St SCRAMJ.ED EGGS FRAZER SIAIIN POTATUES 8 A WARM ROL / A!X) HACIN i FRAZER STAT™ POTATOES p \ PAN:AKES ts rs \« POJOKES a FTWT $t lUUSE JELLY 8 tUSTAfW IXMITS IMIH FHIH 8 SH*) OP o o o o doughnut hoies^ $$ qiiwire'; $$ MENU ^^UFOR/V/ Take a trip to TAMARACK VIEW, where you con get a glimpse of the ocean over the Corlsbod Village community. Bring your food and beverage with you or stop at the beer & wine counter available. This final destination will hove you living the "good //fe." • GOING GREEN! "IT'S NOT EASY BENG GREEN!" O o CD o PARK 101 will ensure a clean & environmental friendly atmosphere. RECYCLE BINS CONVERTING FRYER OIL //V7"0 BIO-FUEL USING RECYCLED PRODUCTS, CONTAINERS, ETC GOING GREEN DISCOUNTS FOR CLIENTS THAT SHOW THEIR BIKE HELMET ETC. GREEN CLEANING SUPPLIES Department of Alcoholic Beverage Control State of California COMMON ABC UCENSE TYPES AND THEIR BASIC PRIVILEGES UCENSE ======================^^ TYPE DESCRIPTION 01 BEER MANllFACTl'RER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the .sale ofbecr, and to consumers lot consumption on or off the manufacturer's licensed premises. Without any additional licenses, ina> sell beei" and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona Hde eating place contiguous to the manufacturer's licensed premi.ses May conduct beer ta.siings under specified conditions (Section 23.1.'i7,.^), Minors are allowed on the prenn.scs, 02 WI.NE(,iR{)WER - (Winery) .Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers foi consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to tlie licensed premises and operated by and for the licen.sce. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct wmetastings under prescribed conditions (.Section 23356.1: Rule 53). Minors are allowed on the premises, 20 OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises, 21 OFF SALE GENERAL - (Package Store) Authorizes ihe sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the j^rernises, 23 S!M,\LL BEER .MA.MIFACTHRER - (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a type 01, A brewpub is typicallv a very small brewery with a restaurant, A micro-brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant orj^iab on their manufacturing plant, 40 ON SALE BEER - (Har, Tavern) Authorizes the sale of beer for consumption on or off the premises where _ sold. No wine or distilled spirits rnay be on the premises, lull meals are not required: however, sandwiches or snacks must be available. Minors are allowed on the premises < ON SALE BEER & WINE - EATIN(; PLACE - (Restaurant) Authorizes the sale of beer and wine for consumption on or off the [)remiscs where sold. Distilled spirits may not be on the premises (except brandy, rum. or liqueurs for use solely for cooking purposes) Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and musl make actual and substantial sales of meals for consumption on the premises. Minors ure allowed on the premises ON SALE BEER & WINE - PliBLIC: PRE.VIISES - (Bar, Tavern) Authorizes the .sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663,5 for exception, musicians). Food service is not required, ON SALE GENERAL - EATING PLACE - (Restaurant) Authorizes the sale of beer, wme and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premi.ses. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and musl make actual and substantial sales of meals for consumption on the premises Minors are allowed on the premises, ON SALE GENERAl, - PLBLIC PREMISES - (Bar. Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premi.ses where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663,5 Ibr exception^, musicians), Foi/d service is not required, 49 ON SALE GENERAL - SE.-\SON.4L - Authorizes the same privileges and restrictions as provided for a I'ypc 47 license except it is issued for a specilic season Inclusive dates of operation are listed on the license certilicate. > / 1 ^LEAm ABC-616 (01-15) .De§048 UCENSE TYPE DESCRIPTION 51 CLL:B - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where .sold. No off-.sale privileges, food .service is not required. Minors are allowed on the premises, 52 VETER.\N'S CLUB - Authori '.cs the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold .Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises, 57 SPECIAL ON SALE (,;ENERAL - ((eneraliy issued to certain organizations who cannot quality for club licenses. Authorizes the sale ofbecr, wine and distilled spirits, to members and guests only, for consumption on the preiiiLses where sold. Authorizes the sale of beer and w ine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises, 59 ON SALE BEER AND WINE - SEASONAL - Authorizes the .same privileges as a Type 41^ Issued for a specific season. Inclusive dales of opyiatiimare listed on the license certificate, 60 ON SALE BEER - SE.\SONAL - Authorizes the sale ofbecr only for consumption on or off the premises where sold. Issued for a specific .season. Inclusive dates of operation are listed on the license certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the premises, 61 ON SALE BEER--PLBLIC'PREMISES -(Bar,'la^eni) Authorizes the sale ()l'beer only lor consumption on or off the licensed premises. Wine or distilled spirits may nol be on the premises. Minors are nol allowed lo enter and remain (warning .signs required), f ood service is nol required, 67 BED .'\ND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests ofthe establishment for consumption on the premises. No beer or distilled spirits may be on the premi.ses. Wine shall not be given away lo guests, but the price ofthe wine shall be included in the price oflhe overnight transient occupancy accommodation. Removal of wine from the grounds is not permitled. Minors are allowed on the premises. 70 ON'SALE GENERAL - RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wme and distilled spirits for consumption on the premises lo the establishment's overnight transient occupancy guests or their invitees, 'I his license is normally issued to "suite-type" hotels and motels, which exercise the license privileges I'or guests' "'complimentary" happy hour. Minors are allowed on the premises, 75 ; ON SALE (GENERAL - BREWPL'B - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consuiTiption on a bona fide eating place plus a limited amount of brewing of beer. This license does not authorize the sale of alcoholic beverages for consumption off the premises where sold. Minors are allowed on the premises, 80 BED AND BREAKFAST INN - GENERAL - Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or wincgrovver only to registered guests oflhe establishment for consumplion on the premises. Alcoholic beverages shall not be given away to guests, but the price ofthe alcoholic beverage shall be included in the price oflhe overnight transient occupancy accommodalion. Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises, 86 INSTRMCTIONAL TASTING LICENSE-lssued to the holder of and premises of a Type 20 or Type 21 licensee, authorizes the lasting of alcoholic beverages as authorized lo be sold from the off-sale premises, on a limited basis. Requires physical separation from the off-sale premises while tasting is taking place and generally requires the participation of a specifically-authorized manulacturer or wholesaler licensee, ABC-616 (01-15) 000049 SPECIAL EVENTS The Department also issues licenses and authorizations for the retail sale ofbecr, wine and distilled spirits on a tcinporary basis for special events 'I'he mo.sl common are listed below. Other less common ones are found in Business and Professions Code Section 24045,2, el seq, SPECFXL DAILY BEER AND/OR WINE LICENSE - (Form ABC-221) Authorizes the sale ofbeer and/or wme for consumplion on the premises where sold No off-sale privileges. Minors are allowed on the premises. May be revoked summarily by the Dcpanment if, in the opinion ofthe Department and/or the local law enforcement agency, il is necessary to protect the safety, welfare, health, peace and morals oflhe people ofthe Stale, In some instances, the local ABC office may require the applicant lo obtain prior written approval ofthe local law enforcement agency Issued to non-profit organizations, (Rule 59, California Code of Regulations) DAIL'N' ON SALE GENER,VL LICENSE - (Form ABC-22 I) Authorizes the sale ofbeer, wine and distilled spirits for consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily by the Department if in the opinion ofthe Department and/or the local law enforcement agency, it is necessary to proiect the safety, welfare, health, peace and morals ofthe people oflhe Slale, In some insUinces. Ihc local ABC office may require Ihe applicani lo oblain prior wriilen approval oflhe local law eni'orcemenl agency. Issued to political parties or affiliates supporting a candidate for public office or a ballot measure or charitable. ci\ ic, fraternal or religious organizations, (Section 24045.1 and Rule 59,5 California Code of Regulations) C.VTERING AL'THORIZATION - (Form ABC-218) Authorizes fypc 47, 48, 51, 52, 57. 75 and 78 licensees (and catering businesses lhal qualify under Seclion 24045,12) lo sell beer, wine and di.slilled spirils for consumplion al convenlions, sporling events, trade exhibits, picnics, social gatherings, or similar events, fype 47. 48 and 57 licensees may cater alcoholic beverages al any ABC-appro\ed location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises, .Ml licensees wishing lo cater alcoholic beverages must obtain prior written authorization from the Department for each event, Ai all approved events, the licensee may exercLse only those privileges aulhorized by the licensee's license and shall comply wilh all provisions of die ABC Acl pertaining to the conduct of on-,sale premises and violation of those provisions may be grounds for suspension or revocation ofthe licensee's license or permit, or both, as Ihough the violation occurred on the licensed premises, (Seclion 23399 and Rule 60.5 California Code of Regulations) EN ENT ACTHORI/.A I'lON - (Form ABC-218) Authorizes Type 41, 42, 47, 48, 49. 57, 75 and 78 licensees lo sell beer, wine and distilled spirits for consumplion on properly adjacent to the licensed premises and owned or under the control ofthe licensee. This property shall be secured and controlled by the licen.see and not visible to the general public. The licensee shall obtain prior approval of llie local /tne enforcement agency. At all approved e\enls, the licensee may exercise only those pri\ ileges authorized bv the licensee's license and shall comply with all provisions ofthe .ABC Act pertaining lo Ihe conduct of on-sale premi.ses (incluaing any license conditions) and violations of those provisions ma\' be grounds I'or suspension or revocation ofthe licensee's license or permit, or both, as though the \ iolation occurred on the licen.sed premises, (Seclion 23399) WINE SALES EVENT PERMIT' - (Form ABC-239) Authorizes r>pe 02 licensees to sell bottled wine produced by the winegrower I'or consumplion off the premises where .sold and only at fairs, festivals or cultural evenls sponsored by dcsignaled lax exempt organizations, fhe licensee musl notil'y the cily und.'or couniy where the event is being held and oblain approval from ABC for each event (Form ABC-222), The licensee nuisf also comply with all restrictions li.sled in Business and Professions Code Seclion 23394.6. Note: 1 "Minor" niean.s an\ person under 21 vearsol'age. 2 Consul! Section 25<-i(-)3(b) regarding age ot'employees '.n ol'l'-sale premises, consult Seclions 25W-)3(a) and 25663,5 regarding age oremplovees in on-,sale preniLses, 3 In certain situations, ABC may place reasonable conailions upon j license, such as lestrictions as to houis of sale, employment of designated persons, display of signs, restrictions on entertainment or dancing, etc If a license has been conditioned, il will be endorsed as such on the face ofthe license, (Conditional licenses. Sections ,238()0-2.),S()5 | ABC-616 (01-15) 000050 f icerisecs uhcise licciisc allows illiiiors on Ihe premises may lu,vi a "iiuusi: p,;l: or prohibiting minors in tho promises during tortain rouis lestiicling min.MS lioin cnloriiig certain arca.s oi'tlio picni!; This liandoul conlains miK abbioviati'il inrormatioii (.'oniaia ^/our lo .-ai AHC r.',:'cc io,- iiill informaiion before- doing anything whioh may leopardi/e your license Aiso available Iron; the ,MiC <.,>un.k s:unimar\ or:-;ck:iiou ''-.liC 1 av\s (form ABC-6()S), Alcoholic Beverage Conlrul .Acl (complete Uuvs); Rules & l^egulations. and P-'),: (dcitribc^ pn\ ilcgo^. ori-..:i>,'-ctail licenses). ABC-616 (01-15) 0G0051 michael hewitt From: Sent: To: Cc: Subject: Austin Silva <Austin.Silva(5)carlsbaclca.gov> Thursday, April 02, 2015 10:21 AM mhewitt(5)lawverdict,com Ron E. and Allyson Presta RE: Pending Application RP-14-22-EL CORRAL. naei I apologize, but the approval letter will not be ready untii early next week. The City Planner is out today and tomorrow and the letter hasn't been finalized yet.. However, I will have the remainder of the documents ready to be picked up and COD ied today, I will email you a copy ofthe letter once it's ready. Let me know if you have any questions. Austin Silva, AlCP Assistant Planner P: 760-602-4631 City of Carisbad Planning Division From: michael hewitt [mailto:mhewitt(S)lawverdict.com] Sent: Wednesday, April 01, 2015 1:52 PM To: Austin Silva Cc: Ron E. and Allyson Presta Subject: RE: Pending Application RP-14-22-EL CORRAL, Dear Mr. Silva, ! contacted Paiomar Reprographics from the list of approved blueprint companies you provided me and Palomai will need; (1) the City of Carlsbad's permission to copy the requested documents; (2) a job number; (3) a job name; and ;4) the counter at which Palomar shouid pick up the documents. Please provide me the foregoing information and I will forward the same to Palomar. reviewed the zoning map on the D.raft General Plan and the City of Carlsbad zoning map on the internet and the reduced size on my computer screen, cannot read the zoning codes for 3040 Carlsbad Boulevard, 3016 Carlsbad Boutevard and 305 Carlsbad Boulevard. Can you provide me the zoning codes for those addresses, both under the Draft Geriera! Plan and the existing zoning code? Thank you, Michael C. Hewitt Michae! C. Hewitt Attorney at Law Law Offices of Michael C. Hewitt 2082 iVIicheison Drive, Suite 300 Irvine , CA 92612 (949] 825-5260 Voice 000052 FILE* Ccityof Carlsbad NOTICE OF PUBUC 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, Catifornia, at 6:00 p.m. on Wednesday, June 3,2015, to consider a request for the following: CASE NAME: RP 14-22 - El Corral PUBUSH DATE: May 18, 2015 DESCRIPTION: An appeal of the City Planner's decision to approve an Administrative Review Permit to allow for a delicatessen on property generally located at 3040 Carlsbad Boulevard in Land Use District 1 of the Village Review zone and within the Village Segment of the Local Coastal Program and Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Austin Silva in the Planning Division at (760) 602-4631, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you 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 priorto the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax SITE MAP A/ wor TO SCALE El Corral RP 14-22 Aa3AV-O9-008-l ulo^'^l^Ae-MMm sp suas • ®09l.fi ®Aa3AV IjJBqeB a| Z3S\\nn ia\ad e S3|pe^ sausnbi^-i JAMES L TELFER 3338 CENTRAL ST DEXTER, MI 48130-1058 DAVID K & JAMIE STANDAGE *M* 20150 E SONOQUI BLVD QUEEN CREEK, AZ 85142-6290 BEA'VER 6075 W TROVITA PL CHANDLER, AZ 85226-1273 DALE W & JO GtJTHRIE 2121 E PARK A'VE GILBERT, AZ 85234-6219 D L N N PROPERTIES LLC 10772 E YEARLING DR SCOTTSDALE, AZ 85255-8152 DANIEL C & ANTOINETTE WIEHLE 2148 S PEARL DR CAMP VERDE, AZ 86322-694 9 SPADARO 212 DONNICK AVE THOUSAND OAKS, CA 91360-3313 TRENT 242 9 WINDWARD CIR WESTLAKE VILL, CA 91361-3440 MARIE A BITONI 536 N MISSION DR SAN GABRIEL, CA 91775-2147 THOMAS BITONTI 536 N MISSION DR SAN GABRIEL, CA 91775-2147 "VERA G MORIN 10952 MORNING STAR DR LA MESA, CA 91941-7232 FRANK E & PATRICIA MALDONADO 4213 BEACH BLUFF RD CARLSBAD, CA 92008-3607 DINITTO PROPERTIES INC 264 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2915 OCEAN MIST LLC 337 OAK AVE CARLSBAD, CA 92008-2945 OCEAN MIST LLC 337 OAK AVE CARLSBAD, CA 92008-2945 MICHAEL BOVENZI 341 OAK AVE 347 CARLSBAD, CA 92008-2945 DAVID MAGGS 3122 LINCOLN ST CARLSBAD, CA 92008-2933 WADE FAMILY 3120 LINCOLN ST CARLSBAD, CA 92008-2933 INCIYAN 3 076 CARLSBAD BLVD CARLSBAD, CA 92008-2907 SUE HOCKETT 3080 LINCOLN ST 24 CARLSBAD, CA 92008-2976 BEATRICE H NELSON 3 955 SKYLINE RD CARLSBAD, CA 92008-2746 BRADSHAW SURVIVORS 4376 HORIZON DR CARLSBAD, CA 92008-3652 BERNARD & MARINA GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 BERNARD & MARINA GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 377 CARLSBAD VILLAGE DRIVE L] 377 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2918 PAMELA J KERCKHOFF 524 9 SHELLEY PL CARLSBAD, CA 92008-3851 STEVEN 5c MARGARET MACPHERSON 1277 FOREST AVE CARLSBAD, CA 92008-1008 CARLSBAD INN LLC 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 HUGH R COBB 318 0 CAMINO ARROYO CARLSBAD, CA 92009-7611 I ®09LS ®Afel3AV 1^ iiu36p3 dn-dod asodxa I 0} auj| 6uo|e puag jaded p33J • ®09l.S ajBjdiuai ^AJBAV esfl T I I AM3AV-O9-008-L UI03'>U3Ae'MA/VM ^,„dn-dod pJoqaj a, ja,aAaj ^"I^S'*' ^^np uye ajnifseq e| e zajjdau ^ ^ BUTCHKO *M* 2763 VICTORIA AVE CARLSBAD, CA 92010-2146 DAVID K & BEVERLY WOODWARD 3413 CORVALLIS ST CARLSBAD, CA 92010-2187 GARY C & DEBRA CRUSE PO BOX 1098 CARLSBAD, CA 92018-1098 ROBERT L & ELAINE NIELSEN PO BOX 2445 CARLSBAD, CA 92018-2445 ROSE LASKI PO BOX 2686 CARLSBAD, CA 92018-2686 VILLAGE REDEVELOPMENT PTRS L] 162 S RANCHO SANTA FE RD BSS ENCINITAS, CA 92024-4365 M A D F I LLC 162 S RANCHO SANTA FE RD B85 ENCINITAS, CA 92024-4365 THOMAS F HODGES 19988 LAKE DR ESCONDIDO, CA 92029-7024 GIPNER 32411 WOMSI RD PAUMA VALLEY, CA 92061-1639 LINCOLN & OAK LLC PO BOX 356 SOLANA BEACH, CA 92075-0356 RUSSELL L BENNETT PO BOX 356 SOLANA BEACH, CA 92075-0356 WYATT 620 W SOLANA CIR 3G SOLANA BEACH, CA 92075-2353 CALIFORNIA PROPERTY BROKERS ] 14602 WINTER CREEK LN VALLEY CENTER, CA 92082-3821 ELAD SHASHO 1805 GRAND A'VE SAN DIEGO, CA 92109-4504 KAUPP-WARNER 30175 VIA DE LA MESA TEMECULA, CA 92591-1684 GARY A CRINGAN 3 0195 VIA DE LA MESA TEMECULA, CA 92591-1684 C N S W 4 LLC 21421 SEAFORTH LN HUNTINGTON BE, CA 92646-7042 C N S W 11 LLC 21421 SEAFORTH LN HUNTINGTON BE, CA 92646-7042 PACIFIC COAST INVESTMENTS G I 10 CHERRY HILLS LN NEWPORT BEACH, CA 92660-5118 SVF LLC 1231 STATE ST B SANTA BARBARA, CA 93101-8710 ROBERT H SONNEMAN 52 EL SERENO CT SAN FRANCISCO, CA 94127-1816 JEFF FULLER IRA NO 54-00577 ( 555 12TH ST 1250 OAKLAND, CA 94607-4095 JOHNS 6565 BIRCH DR SANTA ROSA, CA 95404-8587 OGILVIE 73-4519 KOHANAIKI RD 13 KAILUA KONA, HI 96740-8208 TIMOTHY J TABER 3175 MULBERRY DR SALEM, OR 97302-5912 JAMES & AMY ALBERTS 15221 20TH CIR MILL CREEK, WA 98012-8257 *** 56 Printed *** A noGcs ffii'jed to all propeny ©wflm/pWanf's Bignature: ^^MA^ ^ ^ ®09is ©AUaAV xa6p3 dn-dod asodxa 0} auj| 6uo|e puag ®091S aiejdiuai @AjaAV asn s\aqe^ ®|3ad Ase3 Ccityof Carlsbad ADMINISTRATIVE REVIEW PERMIT F I L ^ NOTICE OF FINAL ACTION ^' • 1- DATE: March 31, 2015 APPLICATION NUMBER AND NAME: RP 14-22 - EL CORRAL PROJECT DESCRIPTION: Request to convert an existing retail space to a delicatessen. LOCATION: 3040 Carlsbad Boulevard APN: 203-175-02 The proposed development is located within the City of Carlsbad's Village Review Area. No formal public hearing was required for this application. The City Planner has made a final decision to APPROVE administrative Review Permit No. RP 14-22. However, an appeal of this decision to the Planning Commission mav be submitted to the Citv within 10 calendar davs of the date of this notice. Written comments to this proposed development should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Austin Silva, at the City of Carlsbad Planning Division, (760) 602-4631, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax 091-8/091-9® ^8AV 08AB 9|q!i.BdLU00 luiu zg x luai gj IEUIJOJ ep awanbi: 09 UtttS® '^^'^VIJIIM eiqiiediiioo „8/9 2 x „ j. azjs jaqei JAMES L TELFER 3338 CENTRAL ST DEXTER, MI 48130-1058 DAVID K & JAMIE STANDAGE *M* 20150 E SONOQUI BLVD QUEEN CREEK, AZ 85142-6290 BEAVER 6075 W TROVITA PL CHANDLER, AZ 85226-1273 DALE W & JO GUTHRIE 2121 E PARK AVE GILBERT, AZ 85234-6219 D L N N PROPERTIES LLC 10772 E YEARLING DR SCOTTSDALE, AZ 85255-8152 DANIEL C & ANTOINETTE WIEHLE 2148 S PEARL DR CAMP VERDE, AZ 86322-6949 SPADARO 212 DONNICK AVE THOUSAND OAKS, CA 91360-3313 TRENT 242 9 WINDWARD CIR WESTLAKE VILL, CA 91361-3440 MARIE A BITONI 536 N MISSION DR SAN GABRIEL, CA 91775-2147 THOMAS BITONTI 536 N MISSION DR SAN GABRIEL, CA 91775-2147 VERA G MORIN 10952 MORNING STAR DR LA MESA, CA 91941-7232 FRANK E & PATRICIA MALDONADO 4213 BEACH BLUFF RD CARLSBAD, CA 92008-3607 DINITTO PROPERTIES INC 2 64 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2915 OCEAN MIST LLC 337 OAK AVE CARLSBAD, CA 92008-2945 OCEAN MIST LLC...^ 337 OAK^JiB--'*'*'''*'''^ C^1*B3?D7 CA 92008-2945 MICHAEL BOVENZI 341 OAK AVE 347 CARLSBAD, CA 92008-2945 DAVID MAGGS 3122 LINCOLN ST CARLSBAD, CA 92008-2933 WADE FAMILY 3120 LINCOLN ST CARLSBAD, CA 92008-2933 INCIYAN 307 6 CARLSBAD BLVD CARLSBAD, CA 92008-2907 SUE HOCKETT 3080 LINCOLN ST 24 CARLSBAD, CA 92008-297 6 BEATRICE H NELSON 3955 SKYLINE RD CARLSBAD, CA 92008-2746 BRADSHAW SURVIVORS 4 37 6 HORIZON DR CARLSBAD, CA 92008-3652 BERNARD & MARINA GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 BERNARD & MARINA ^^iQS-'^ET 160 TAMARACg^^AVSr''''""*''^ CARLSB^fflT'^ 92008-4059 377 CARLSBAD VILLAGE DRIVE LI 377 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2918 PAMELA J KERCKHOFF 524 9 SHELLEY PL CARLSBAD, CA 92008-3851 STEVEN & MARGARET MACPHERSON 1277 FOREST AVE CARLSBAD, CA 92008-1008 CARLSBAD INN LLC 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 HUGH R COBB 3180 CAMINO ARROYO CARLSBAD, CA 92009-7611 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 091.8/091-9® aiqiiBdiuGO uiui Z9 x LULU gg jBuiJOi ap ananbii^ 091^11^9® AiaAV illiM aiqiiBdujoo ,.8/9 Z x „i azis jaqei BUTCHKO *M* 27 63 VICTORIA AVE CARLSBAD, CA 92010-2146 DAVID K & BEVERLY WOODWARD 3413 CORVALLIS ST CARLSBAD, CA 92010-2187 GARY C & DEBRA CRUSE PO BOX 1098 CARLSBAD, CA 92018-1098 ROBERT L & ELAINE NIELSEN PO BOX 2445 CARLSBAD, CA 92018-2445 ROSE LASKI PO BOX 268 6 CARLSBAD, CA 92018-2686 VILLAGE REDEVELOPMENT PTRS LI 162 S RANCHO SANTA FE RD B85 ENCINITAS, CA 92024-4365 M A D F I LLC 162 S RANCHO SANTA FE RD B85 ENCINITAS, CA 92024-4365 THOMAS F HODGES 19988 LAKE DR ESCONDIDO, CA 92029-7024 GIPNER 32411 WOMSI RD PAUMA VALLEY, CA 92061-1639 LINCOLN & OAK LLC PO BOX 356 SOLANA BEACH, CA 92075-0356 RUSSELL L BENNETT PO BOX 356 SOLANA BEACH, CA 92075-0356 WYATT 620 W SOLANA CIR 3G SOLANA BEACH, CA 92075-2353 CALIFORNIA PROPERTY BROKERS I 14 602 WINTER CREEK LN VALLEY CENTER, CA 92082-3821 ELAD SHASHO 1805 GRAND AVE SAN DIEGO, CA 92109-4504 KAUPP-WARNER 30175 VIA DE LA MESA TEMECULA, CA 92591-1684 GARY A CRINGAN 30195 VIA DE LA MESA TEMECULA, CA 92591-1684 C N S W 4 LLC 21421 SEAFORTH LN HUNTINGTON BE, CA 92646-7042 C N S W 11 LLC 21421 S5^«1?firLN HUJ^UffflGTON BE, CA 92646-7042 PACIFIC COAST INVESTMENTS G I 10 CHERRY HILLS LN NEWPORT BEACH, CA 92660-5118 SVF LLC 1231 STATE ST B SANTA BARBARA, CA 93101-8710 ROBERT H SONNEMAN 52 EL SERENO CT SAN FRANCISCO, CA 94127-1816 JEFF FULLER IRA NO 54-00577 ( 555 12TH ST 1250 OAKLAND, CA 94 607-4095 JOHNS 6565 BIRCH DR SANTA ROSA, CA 95404-8587 OGILVIE 73-4519 KOHANAIKI RD 13 KAILUA KONA, HI 96740-820? TIMOTHY J TABER 3175 MULBERRY DR SALEM, OR 97302-5912 JAMES & AMY ALBERTS 15221 20TH CIR MILL CREEK, WA 98012-8257 *** 56 Printed *** A notice has been mailed to all property owners/occupants listed herein. ^ j Ij Date: O I ^1 /! Signature:. label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 FILE Ccity of Carlsbad ADMINISTRATIVE REVIEW PERMIT NOTICE OF PENDING DECISION DATE: March 20, 2015 APPLICATION NUMBER AND NAME: RP 14-22 - EL CORRAL PROJECT DESCRIPTION: Request to convert an existing retail space to a delicatessen. LOCATION: 3040 Carlsbad Boulevard APN: 203-175-02 The proposed development is located within the City of Carlsbad's Village Review Area. No formal public hearing is required for this application. However, anv written comments on this application must be submitted to the City within 10 calendar days of the date of this notice. Failure to submit comments may result in loss of the ability to appeal any action taken by the City on the Administrative Review Permit application. The City Planner will make a decision on this application 10 calendar davs after the date of this notice. Written comments to this proposed development should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Austin Silva, at the City of Carlsbad Planning Division, (760) 602-4631, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Community & Economic Development Planning Division 1635 FaradayAvenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax 091.8/09^9® 091. jJiSAV 09AB aiqijBdujoo LUUJ Z9 x LULU 92 lEoiJOj ap auanbjj mk^^, AJBAV mim aiqiiBdLuoo „8/9 2 x „i. azjs jaqEj JAMES L TELFER 3338 CENTRAL ST DEXTER, MI 48130-1058 DAVID K & JAMIE STANDAGE *M* 20150 E SONOQUI BLVD QUEEN CREEK, AZ 85142-6290 BEAVER 6075 W TROVITA PL CHANDLER, AZ 85226-1273 DALE W & JO GUTHRIE 2121 E PARK AVE GILBERT, AZ 85234-6219 D L N N PROPERTIES LLC 10772 E YEARLING DR SCOTTSDALE, AZ 85255-8152 DANIEL C & ANTOINETTE WIEHLE 214 8 S PEARL DR CAMP VERDE, AZ 86322-6949 SPADARO 212 DONNICK AVE THOUSAND OAKS, CA 91360-3313 TRENT 2429 WINDWARD CIR WESTLAKE VILL, CA 91361-3440 MARIE A BITONI 536 N MISSION DR SAN GABRIEL, CA 91775-2147 THOMAS BITONTI 536 N MISSION DR SAN GABRIEL, CA 91775-214 7 VERA G MORIN 10952 MORNING STAR DR LA MESA, CA 91941-7232 FRANK E & PATRICIA MALDONADO 4213 BEACH BLUFF RD CARLSBAD, CA 92008-3607 DINITTO PROPERTIES INC 2 64 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2915 OCEAN MIST LLC 337 OAK AVE CARLSBAD, CA 92008-2945 OCEAN MIST LLC 337 OAK AVE CARLSBAD, CA 92008-2945 MICHAEL BOVENZI 341 OAK AVE 347 CARLSBAD, CA 92008-2945 DAVID MAGGS 3122 LINCOLN ST CARLSBAD, CA 92008-2933 WADE FAMILY 3120 LINCOLN ST CARLSBAD, CA 92008-2933 INCIYAN 307 6 CARLSBAD BLVD CARLSBAD, CA 92008-2907 SUE HOCKETT 3080 LINCOLN ST 24 CARLSBAD, CA 92008-2976 BEATRICE H NELSON 3955 SKYLINE RD CARLSBAD, CA 92008-2746 BRADSHAW SURVIVORS 437 6 HORIZON DR CARLSBAD, CA 92008-3652 BERNARD & MARINA GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 BERNARD & MARINA GOLDSTEIN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 377 CARLSBAD VILLAGE DRIVE LI 377 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2918 PAMELA J KERCKHOFF 524 9 SHELLEY PL CARLSBAD, CA 92008-3851 STEVEN & MARGARET MACPHERSON 1277 FOREST AVE CARLSBAD, CA 92008-1008 CARLSBAD INN LLC 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 HUGH R COBB 3180 CAMINO ARROYO CARLSBAD, CA 92009-7611 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Averv ®5160/8160 091.8/0919® AiSAV 08AB aiqiiBduioo LULU Z9 X LUUI qz IBUiJOi ap auanbi^ 091^^9® ^SAV nm 8|qi;eduj03 „8/9 2 x „|. azjS laqei BUTCHKO *M* 27 63 VICTORIA AVE CARLSBAD, CA 92010-214 6 DAVID K & BEVERLY WOODWARD 3413 CORVALLIS ST CARLSBAD, CA 92010-2187 GARY C & DEBRA CRUSE PO BOX 1098 CARLSBAD, CA 92018-109! ROBERT L & ELAINE NIELSEN PO BOX 2445 CARLSBAD, CA 92018-24 4 5 ROSE LASKI PO BOX 2 68 6 CARLSBAD, CA 92018-2686 VILLAGE REDEVELOPMENT PTRS LI 162 S RANCHO SANTA FE RD B8 5 ENCINITAS, CA 92024-4365 M A D F I LLC 162 S RANCHO SANTA FE RD B85 ENCINITAS, CA 92024-4365 THOMAS F HODGES 19988 LAKE DR ESCONDIDO, CA 92029-7024 GIPNER 32411 WOMSI RD PAUMA VALLEY, CA 92061-1639 LINCOLN & OAK LLC PO BOX 356 SOLANA BEACH, CA 92075-0356 RUSSELL L BENNETT PO BOX 356 SOLANA BEACH, CA 92075-0356 WYATT 620 W SOLANA CIR 3G SOLANA BEACH, CA 92075-2353 CALIFORNIA PROPERTY BROKERS I 14 602 WINTER CREEK LN VALLEY CENTER, CA 92082-3821 ELAD SHASHO 1805 GRAND AVE SAN DIEGO, CA 92109-4504 KAUPP-WARNER 30175 VIA DE LA MESA TEMECULA, CA 92591-1684 GARY A CRINGAN 30195 VIA DE LA MESA TEMECULA, CA 92591-1684 C N S W 4 LLC 21421 SEAFORTH LN HUNTINGTON BE, CA 92646-7042 C N S W 11 LLC 21421 SEAFORTH LN HUNTINGTON BE, CA 92646-7042 PACIFIC COAST INVESTMENTS G I 10 CHERRY HILLS LN NEWPORT BEACH, CA 92660-5118 SVF LLC 1231 STATE ST B SANTA BARBARA, CA 93101-8710 ROBERT H SONNEMAN 52 EL SERENO CT SAN FRANCISCO, CA 94127-1816 JEFF FULLER IRA NO 54-00577 555 12TH ST 1250 OAKLAND, CA 94 607-4095 JOHNS 6565 BIRCH DR SANTA ROSA, CA 95404-8587 OGILVIE 73-4519 KOHANAIKI RD 13 KAILUA KONA, HI 96740-8208 TIMOTHY J TABER 3175 MULBERRY DR SALEM, OR 97302-5912 JAMES & mY ALBERTS 15221 20TH CIR MILL CREEK, WA 98012-8257 '** 56 Printed *** A notice has been mailed to all property owners/occupants listed herein. f^l,^ Date: 5/<^/(S^ Signature: label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 TITLE PRO 13520 Scarsdale Way San Diego, CA 92128 www.titleprois.com CERTIFICATION I SEAN WILSON/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES 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... 203-175-02 300FT PLAT DATE 09/30/2014 SEAN WILSON TITLE PRO INFORMATION SYSTEMS DATE Phone: 760.295.3951 | Fax: 760.295.4038 I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. PLAT DATE: 8/31/204 APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: SEAN WILSON - TITLE PRO INFORMATION SYSTEMS DATE: 1.0 / mlloi-f RECEIVED BY DATE: CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: FEBRUARY 11. 2015 PROJEa NO(S): RP 14-22 REVIEW NO: 2 PROJECT TITLE: EL CORRAL APPLICANT: HOFMAN PLANNING & ENGINEERING TO: ^ Land Development Engineering-J. Geldert \Z\ I I Police Department-J. Sasway \Z\ I I Fire Department - Greg Ryan CH I I Building Division-Will Foss [H n Parks & Recreation (Parks/Trails) - Liz Ketabian • 0 Parks & Recreation (Trees & Medians) - Kyle O Lancaster • Public Works Department (Streets) D 1 I Public Works Department (Traffic) - John Kim d] n Public Works Department (Design) - David Ahles d] I I SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 Public Works (Storm Drain) - Clayton Dobbs Public Works (Wastewater) - Don Wasko Public Works (Water) - Eric Sanders Water/Sewer District Landscape Plancheck Consultant - PELA Sciiool District North County Transit District - Planning Dept. Sempra Energy - Land Management Caltrans (Send anytliing adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION/SILVA Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 3/4/15 . 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: Date PLANS ATTACHED Review & Comment 8/14 CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: DECEMBER 23. 2014 PROJECT NO(S): RP 14-22/CDP 14-39 REVIEW NO: 1 PROJECTTITLE: EL CORRAL APPLICANT: HOFMAN PLANNING & ENGINEERING/760-692-401 TO: • • • • • • • • Land Development Engineering Police Department-J. Sasway Fire Department - Greg Ryan Building Division - Will Foss Parks & Recreation (Parks/Trails) - Liz Ketabian Parks & Recreation (Trees & Medians) - Kyle Lancaster Public Works Department (Streets) Public Works Department (Traffic) - John Kim Public Works Department (Design) - David Ahles SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 [XI Urban Place Consulting Group • Public Works (Wastewater) - Don Wasko I I Public Works (Water) - Eric Sanders I I Water/Sewer Distnct I I Landscape Planciieck Consultant - PELA I I School District I I North County Transit District - Planning Dept. I I Sempra Energy - Land Management I I Caltrans (Send anythiing adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 1/12/15. 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 immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature ' Date PLANS ATTACHED Review & Comment 8/14 <C CITY OF CARLSBAD Memorandum January 15, 2015 To: Austin Silva, Project Planner From: Tecla Levy, Project Engineer Via: Jason Geldert, Engineering Manager SUBJECT: RP 14-22/CDP 14-39- El CORRAL Engineering Department staff has completed the 1^^ review of the above application submittal documents for completeness. The application documents submitted for this project is complete. Prior to next submittal, it is suggested the following items are adequately addressed: Engineering Issues 1. Delete the sidewalk dining improvements form the site plan if it is not part of this permit application. Submit a separate sidewalk cafe permit application required for the said improvements within the public right-of-way. The sidewalk cafe application must include details of the improvements including material, color, size and height of rails or walls (must not exceed 36"), tables, umbrella, etc.. The proposed improvements must comply with the Sidewalk Cafes design requirements provided on pages 81 and 82 of the City of Carlsbad Village Master Plan and Design Manual (see attached). 2. Provide details including height, length and width, material and color for the proposed awning at walk-up window, bicycle rack and enhanced walkway. It must comply with the requirements in the City of Carlsbad Village Master Plan and Design Manual. A right of way permit application and encroachment agreement will be required for ali structures proposed within the public right-of-way. 3. Indicate the size ofthe existing water meter. A larger water meter may be needed. Provide water meter sizing calculations and indicate the proposed water meter size on the site plan. 4. Show the connection ofthe proposed grease control device to the existing sewer lateral. 5. Clearly show property lines and indicate lot line dimensions (distance and bearings) shown on the preliminary site plan. 6. Please comply with all comments shown on the red-lined preliminary site plan cc: Engineering Project File • CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: DECEMBER 23. 2014 PROJECT NO(S): RP 14-22/CDP 14-39 REVIEW NO: 1 PROJECT TITLE: EL CORRAL APPLICANT: HOFMAN PLANNING & ENGINEERING/760-692-401 TO: Land Development Engineering Urban Place Consulting Group • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders • Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Kyle Lancaster • School District • Public Works Department (Streets) • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • • Public Works Department (Design) - David Ahles SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 • Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM PLANNING DIVISIOiyt>)lVA Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 1/12/15. 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 immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: r. iiA All dsnnr.f^i^'^ u U.l[ k^. r:>y^r^jZ^'=^'^,^M cdt/^i^c^ ^ f^<^4-^, ty J'l /.IS. 7-^16 Signature Date PLANS ATTACHED Review & Comment 8/14 • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: DECEMBER 23. 2014 PROJECT NO(S): PROJECTTITLE: APPLICANT: RP 14-22/CDP 14-39 REVIEW NO: 1 PROJECT NO(S): PROJECTTITLE: APPLICANT: EL CORRAL PROJECT NO(S): PROJECTTITLE: APPLICANT: HOFMAN PLANNING & ENGINEERING/760-692-401 PROJECT NO(S): PROJECTTITLE: APPLICANT: TO: u Land Development Engineering w Urban Place Consulting Group • Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders • Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Kyle • School District Lancaster • Public Works Department (Streets) • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - David Ahles • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) State of California Dept. of Transportation 401 B. Street, Suite 800, San Diego CA 92101-4231 Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM PLANNING DIVISION (6>\UJA Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 1/12/15. 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 immediatelv contact the applicant and/or their representatives fvia phone or e-mail) to let them know. Thank you COMMENTS: Looks am^'^i-h^! '~fkc\t^k i^ou! I Sfgnature ' ' Date PIAHS ATTACHED Review & Comment 8/14 PLANNING COMMISSION NOTICE OF DECISION June 4, 2015 Ron Presta P.O. Box 7099 Newport Beach, CA 92658 q£ILE C<3ityof Carlsbad SUBJECT: RP 14-22 - EL CORRAL APPEAL At the June 3, 2015 Planning Commission meeting, your appeal was considered. The Commission voted 4-0 to deny your appeal. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions, please contact your project planner Austin Silva at (760) 602-4631 or austin.silvaf5)ca rlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:AS:bd c: Data Entry File Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov GiiAND PAC:IFIC KESOKTS Time Away...TimeTogelhcr... May 17, 2015 City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 RE: El Corral Pottery Project To whom it may concern: We are writing this letter in support ofthe City Planners final decision to approve the El Corral Pottery property Project Administrative Review Permit No RP 14-22 and Coastal Development Permit No. 14-39. We feel that a delicatessen will be a great addition and will help revitalize the village area and provide a new food venue for our Carlsbad Inn guests. Sincerely, Tim Stripe Grand Pacific Resorts, Co President ,S900 PASTEUR COURT. SLirTE200 • CARLSBAD, CA 92008 • TELEPHONE 76CM3I-8SOO • FACSIMILF 76a4^l-4580 • ww.gtandpaciiicresort.s.com TO GHEEN INC. dba P!ZZ£ PORT BREWING COMPANY PORT SOLANA: 135 N. HWY lOl. SOLANABEACH, CA92075 (868) 481-7332 PORT CARLSBAD: 571 CAELSBAD VHIAGEDR., CARLSBAD, CA92008(760) 720-7001 PORT SAN CLEMENTE; 301N. EL CAMINO REAL, SC. CA 92672 (949) 940-0005 PORT OCEAN BEACH: 1956 BACON sr., OCEAN BEACH, CA 92107 (6i9) 224-4700 PORT BRESSI RANCH; 2730 GATEWAYROAD. CARLSBAD, CA92009 (760) 707-1655 May 21,2015 CityofCarlsbad Plaiming Division 1635 Faraday Avenue Carlsbad, CA 92008 RE: El Corral Pottery Project To whom it may concem: We are writing this letter in support ofthe City Planners final decision to approve the El Corral Pottery Property Project Administrative Review Permit No. RP 14-22 and Coastal Development Pennit No. 14-39. After being in business in the village for almost 20 years, it is exciting to see that imaginative people are investing both time and money in making the downtown area of Carlsbad an even more destination location. Kudos to Jeff for all of the beautifixl projects he has blessed us with and looking forward to seeing this one come to fruition. Sincerely, Gina Marsaglia Pizza Port Brewing Company, CEO President Grain to Green Inc., dba Pizza Port Brewing Company P.O. Box 1697, Carlsbad. CA 92018 Marcus ^Millichap THE MANSOUR GROUP June 1,2015 City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 RE: El Corral Pottery Proiect- 3040 Carlsbad Blvd To Whom It May Concern: I am writing this letter in support of the City Planner's final decision to approve the El Corral Pottery Property Project, Admisitrative Review Permit No. RP 14-22 and Coastal Development Permit No. 14-39. I have been in the business of leasing and selling retail investment property for the past 13+ years. Over this period of time, I have met and done business with many successful investors and developers, a number of which have invested, developed, leased and sold property in the Carlsbad Village area. I have nothing but the highest regards for projects that Mr. Rasak (Sterling Development) has completed (and is currently pursuing) in the area. Sincerely, Ryan Litrich Senior Associate, The Mansour Group Director - National Retail Group www.TheMansourGroup.com •Please note that this letter expresses the view of Ryan Litrich personally, but not IVIarcus & Millichap or The Mansour Group. Carlsbad Village June 2, 2015 City of Carlsbad Planning Division 1635 Faraday Ave, Carlsbad, CA 92008 RE: El Corral Pottery Project To Whom it may concern. This letter is to express our support for the City Planners final decision to approve the El Corral Pottery Project Administrative Review Permit No, RP 14-22 and Coastal Development Permit No, 14-39. As a tenant of Tower 37, which is near the proposed project, we are excited about the prospect of further development in this area and believe it will result in increased walking traffic. We understand that concerns have been expressed about parking. We are confident that the El Corral project will have no impact on parking in our complex. Sincerely, Steven C Grady Franchise Owner Sub Zero Ice Cream & Yogurt 201 Oak Avenue, Suite D, Carlsbad, CA 92008 760-453-7246 Tower M 201 Oak Ave #2 Carlsbad, CA 920(IH City of CVisi-sbari I'idnrurif; Division I tvC'j F,:iraday Avenue CarisbcHl CA Kt:: Kl Ctirral i''ottery I-'r'oject To whcirr. it may ctniteni: We ,irt' writing this tettff in support ofthe (lity F!anner-S final decision to app,rove the Hi Corral Pottery Properly Project Admini.stratiA'e Review Perrnit No. RP 14-22 and Ct).jslai Developmerii Per'niit No. 14-39. Aftcrr being in busines.s m Uie vilhige for over 2 years, we are e.xcired about the devr-iopment o\ this [iroject hnnging mure tourrsin to {^arlsbad Viilage, Mr, Rasak h,ih u uiv p!)ur'e{J his i)e.,ul .iiici soul into ihis town and his pro|cct,s have made a •.vrwnis irnpji:: on the sin i ouruUn'.; are.r VVe hope tli,-it hi% time ami efforts with Ues '.ru'i iiie fUDieet <io Hi)! po o* UMS'C uid !o(!i< torwarti to his nvxi CT'erition, Si iu t-re:i.v I kiyloii Wheeler Craig Appiegate Hoard & Brew, President & CHO Sarah A. Marquez 2973 Carlsbad Boulevard Carlsbad, Califomia June 1,2015 CityofCarlsbad Planning Division 1635 Faraday Avenue Carlsbad, Califomia 92008 RE: Park 101 Project RP 14-22 As a local property owner of the Town Square and fomier Design Review Committee Member I support the approval of the El Corral Pottery Project Administrative Review Pennit No. RP 14- 22 and Coastal Development Permit No. 14-39. As I see it the continuation of the property's use as a retail/deli is in keeping with the previous owner's use and therefore the conditions for the operations of the former Pottery Bam should carry forward to the new owner/developer. The investment of the developer and new business owner will enhance the productivity of the property and further the "Village Vision" that the coimnunity is striving to achieve in the City. Thank you Sarah A. Marquez ^ // V Villai^<? 2788 State St., Carlsbad, CA 92008 ft ' ^' ^ carlsbad-village.com City of Carlsbad Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008 Re: Park 101 As a representative of Carlsbad Village businesses, residents, and propertj' owners, the Carlsbad Village Assodarion supports the approval of Administrative Review Permit No. RP-14-22 for the proposed Park 101 project. Park 101 will be a landmark projea at a main enttance to the Vilb^e and wfll bring together amazing food uses, a fun atmosphere, and beautiful architectural design. This project will gready improve the Village's dining options and wUl provide a unique offering easil? acc^sible by foot and by bike, especially from the vacation rentals along the beach. We wholeheartedly suppon this project and encourage you to do the same. Sincenelv, ,/ oug Avis, Chiurman Cc: J^Iembers of the Carlsbad Village Assodation Board of Directors. Austin Silva From: Sent: To: Subject: Cathy Trent <cathyanntrent@gmail,com> Tuesday, May 26, 2015 3:30 PM Austin Silva Proposed Deli Next to 3080 Lincoln Hello Austin, I am writing as an owner of a condo at 3080 Lincoln in Carlsbad. I was just made aware of a proposed addition of a deli adjacent to my unit. I am opposed to the proposed development and do not want to see a deli built next to my property. It is a residential area and should not have a restaurant built next to it. My daughter, Cathy Trent handles all my financial and legal matters, so please correspond with her. Thank You, Beth Trent Unit #6-3080 Lincoln Dr. Cathy Trent - POA for Beth Trent (805) 479-4213 City of Carisbad APR 2 1 2015 Planning Division Charles P. Brown LA W OFFICE OF CHARLES P. BROWN 2103 S. EI Camino Real, Ste. 206 (760) 754-0960 Oceanside, CA. 92054-6281 Fax: (760) 754-0961 April 17, 2015 Community Economic Development Planning Division 1633 Faraday Avenue Carlsbad, CA 92008 RE: RP 14-22-El Corral 3 04 0 Carlsbad Blvd. Dear Sir: Please be advised my office represents the owners of the Royal Palms Spirits Liquor Store and Cessy's Taco Shop. Both businesses are located on Carlsbad Blvd. immediately adjacent to the El Corral proj ect. Please accept this correspondence as notification that the business owners as mentioned in the previous paragraph have received a copy of the appeal filed by Mr. and Mrs. Presta and agree 100% with all the assertions made in the appeal. Please advise what further proceedings are going take place involving the appeal so that my office and my clients can make an appearance and participate more fully in supporting the appeal and opposing the proposed plan. Very ^t^ry___yours, CHARLES P. BROWN, ESQ. CPB:cp Page 1 of 1 <^ CITY OP QFlii ! V (CARLSBAD Community & Economic Development www.carlsbadca.gov April 7, 2015 Village Redevelopment Partners Attn: Jeff Rasak 162 S. Rancho Santa Fe Rd. B-85 Encinitas, CA 92024 SUBJECT: ADMINSTRATIVE REVIEW PERMIT NO. RP 14-22 - EL CORRAL - Request for approval of an Administrative Review Permit (RP 14-22) to allow for the operation of a delicatessen at 3040 Carlsbad Boulevard, in District 9 of the Village Review Zone and Local Facilities Management Zone 1. Dear Mr. Rasak, The City Planner has completed a review of your application for an Administrative Review Permit RP 14- 22 to allow for the operation of a delicatessen at 3040 Carlsbad Boulevard. It is the City Planner's determination that the project, RP 14-22 - El Corral, is consistent with the Carlsbad Village Master Plan and Design Manual and with all other applicable city ordinances and policies. Therefore, the City Planner APPROVES this request based on the following findings and subject to the following conditions: Findings: 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the delicatessen provides a visitor serving use that complements the existing commercial and residential uses in the pedestrian- oriented downtown Village. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that a delicatessen is defined as "retail" for land use purposes. The subject property provides no off-street parking spaces. However, space may be converted from one approved use to another approved use without additional parking provided both uses have the same parking requirements according to the parking requirements set forth within the Village Master Plan and Design Manual. The previous use of the property was retail, which has the same parking requirement as a delicatessen. Therefore no additional parking is required for a delicatessen on the subject property. 3. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303, Class 3, of the State CEQA Guidelines as the project involves the conversion of an existing small structures from one use to another where only minor modifications are made to the structures and will not have any adverse significant impacts on the environment. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® RP 14-22 - EL CORRAL April 7, 2015 Page 2 4. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, 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: 1. Approval is granted for RP 14-22 as shown on Exhibits "A" - "H" dated April 7, 2015 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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; 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 Administrative Review Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the RP 14-22 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. 4. The 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 Administrative Review 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. RP 14-22 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Administrative Review Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not RP 14-22 - EL CORRAL April 7, 2015 Page 3 been met; or 4) the Administrative Review Permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the Administrative Review Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the Administrative Review Permit in whole or in part, reaffirm the Administrative Review Permit, modify the conditions or impose new conditions. 8. This Administrative Review Permit is granted for a period of five years from April 10, 2015 through April 9, 2020. This 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. This permit may be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner may not grant such extension, unless he/she finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Planner may grant. 9. Prior to the issuance of a Building Permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Review Permit on the real property owned by the owner/applicant. 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 City Planner 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 owner/applicant or successor in interest. 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 12. Food and drink order service shall not be provided to any tables at any time. No waiters or waitresses shall be employed on the premises. 13. The outdoor seating shall be equal to or less than the amount of indoor seating. 14. There shall be no bar stools or seating provided at the indoor and outdoor counters. 15. There shall be a variety of ready-to-eat food products available which may include made to order sandwiches and/or salads. 16. All deliveries shall be limited to the hours of 6:00 A.M. to 8:00 A.M. Monday through Sunday. RP 14-22 - EL CORRAL April 7, 2015 Page 4 Engineering; 17. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, and likely affect the design of this project. Prior to construction. Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 18. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 19. 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. 20. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction ofthe city engineer. 21. An encroachment agreement is required. Developer shall cause the owner to complete and submit Engineering Plancheck Application E-23 and Encroachment Agreement Submittal Checklist E-6 to the Land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA together with the encroachment agreement processing fee in effect at that time. Links to these forms on the city's website are: http://www.ca rlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD=22689 The following information for both the property owner and the business owner should be submitted with the application in order for the city to prepare the encroachment agreement: A. Property Owner: • Name of property owner • Property owner's mailing address • Legal entity of property owner, i.e., individual, partnership, corporation (state of incorporation), limited liability company (state of incorporation), trust, etc. • Name and title of individual(s) authorized to sign on behalf of property owner. • Name, phone number and e-mail address of individual to contact regarding property owner's execution of encroachment agreement. RP 14-22 - EL CORRAL April 7, 2015 Page 5 B. Business Owner: • Name of business owner • Business owner's mailing address • Legal entity of business owner, i.e., individual, partnership, corporation (state of incorporation), limited liability company (state of incorporation), trust, etc. • Name and title of individual(s) authorized to sign on behalf of business owner. • Name, phone number and e-mail address of individual to contact regarding business owner's execution of encroachment agreement. C. Signature authorization: Depending on the legal entity of the property and business owners, the following documentation is required: Corporation: One signature from EACH group with name and title: • Group 1: Chairman, president, vice president. • Group 2: Corporate secretary, assistant corporate secretary, chief financial officer, or assistant treasurer. Corporation with a single signatory: Attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer, by name and title, to legally bind the corporation. LLC or Partnership: Attach an official document (e.g., corporate resolution, operating agreement) empowering that individual(s), by name and title, to legally bind the entity. 22. A right of way permit is required. Developer shall cause the owner to complete and submit Engineering Right of Way Application E-11 to the Land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA. The link to this form on the city's website is: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD=22694 Code Reminders: 23. 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. 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. RP 14-22 - EL CORRAL April 7, 2015 Page 6 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Austin Silva at (760) 602-4631. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:bd c: Hofman Planning & Engineering, 3156 Lionshead Avenue, Ste. 1, Carlsbad, CA 92010 Don Neu, City Planner Chris DeCerbo, Principal Planner Project Engineer Michele Masterson, Senior Management Analyst File Copy DMS Data Entry A • • i^«;/«f3//f/^ V (CARLSBAD FILE Community & Economic Development www.carlsbadca.gov March 19, 2015 Jeff Rasak Village Redevelopment Partners B-85 162 South Rancho Santa Fe Road Endnitas, CA 92024 SUBJECT: 3'" REVIEW FOR RP 14-22/CDP 14-39 - EL CORRAL Dear Mr. Rasak, The City has completed its review of the El Corral project, which was most recently submitted on March 17, 2015. No further issues were raised during this review period. A notice will follow announcing 1) the City Planner's intent to approve or deny the project; and 2) the process by which the public may provide input. Please contact me at (760) 602-4631, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, AUSTIN SILVA, AlCP Assistant Planner AS:fn Hofman Planning 8i Engineering,-Suite 1, 3156 Lionshead Avenue, Carlsbad, CA 92010 Chris DeCerbo, Principal Planner Jason Geldert, Project Engineer Don Neu, City Planner Michele Masterson, Senior Management Analyst File Copy Planning Division 1635 FaradayAvenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ^ W w tJmki ^-(1^ 1*^ V-^CARLSBAD '^"•'^ Community & Economic Development www.carlsbadca.gov March 11, 2015 Village Redevelopment Partners Attn: Jeff Rasak 162 S. Rancho Santa Fe Rd. B-85 Encinitas, CA 92024 SUBJECT: 2nd REVIEW FOR RP 14-22/CDP 14-39 - EL CORRAL Dear Mr. Rasak, Your project was deemed complete on January 20, 2015. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page. All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4631, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, AUSTIN SILVA, AlCP AS:bd c: Hofman Planning 8i Engineering, 3156 Lionshead Avenue, Ste. 1, Carlsbad, CA 92010 Chris DeCerbo, Team Leader Jason Geldert, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® RP 14-22/CDP 14-39 - EL CORRAL March 11, 2015 Page 2 ISSUES OF CONCERN Planning: Please remove bar/counter seating per discussions with city staff and comments from the first review letter dated January 20, 2015. See minor red-line comment on the floor plan (sheet A2). <^^':L?'^^.^ FILE CARLSBAD Community & Economic Development www.carlsbadca.gov February 23, 2015 Jeff Rasak Village Redevelopment Partners Suite B-85 162 South Rancho Santa Fe Road Encinitas, CA 92024 SUBJECT: RP 14-22/CDP 14-39 - EL CORRAL - CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPUCABIUTY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required forthe project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for the Conversion of Small Structures (Section 15303). No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project should be determined by April 24, 2015. Therefore, in the interest of achieving that decision date, all remaining project issues must be addressed by April 17, 2015. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Austin Silva at (760) 602-4631 or by email at austin.silva^carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:AS:fn c: Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Michele Masterson, Senior IVIanagement Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® BCA 9 February 2015 Plan Check Comment Responses Planning Jurisdiction: City of Carlsbad APN 203-175-02-00 EL CORRAL PUBLIC 101 RE: Responses/resolutions to review notes SHEET C-1 SITE PLAN 1. Existing %" water meter shall be upgraded as needed based on fixture count. Future size and calculations are to be determined based on final fixture count. 2. Future bicycle racks - note added to drawings stating right-of-way permit is required. 3. Future sidewalk cafe - note added to drawings stating work will be completed under separate permit and will require a sidewalk cafe permit, right-of-way permit, and encroachment permit. 4. Walk-up service window - note added to drawings stating right-of-way permit is required. 5. Street trees have been identified on plan - note and dimension added to drawing stating a minimum of 5'-0" width required for sidewalks and that the existing sidewalk will be modified if necessary to provide required width. SHEET A-2 FLOOR PLAN 1. Location of future bicycle racks shown on plan - note added stating the work will require a right- of-way permit and encroachment permit. 2. Sidewalk cafe removed from plans - note added work will be done under a separate sidewalk cafe permit and will require a right-of-way permit and encroachment permit. 3. Walkway - note added for material callout. Walkway to be concrete to comply with city design guidelines. 4. Walk-up window - note added that it shall comply with City of Carlsbad Village Master Plan and requires a right-of-way permit and encroachment permit. SHEET A-9 SEATING AREA PLANS (New Sheet) 1. Seating Area Schedule and Plans added to drawings to show square-footage of indoor versus outdoor dining. Outdoor dining is less square-footage than indoor dining. Brian Cfiurch Architecture 1650 Camino Del Mar - Builciing B Del Mar. CA 92014 Ac,„oF " ' RLECOPi ' V CARLSBAD Community & Economic Development www.carlsbadca.gov January 20, 2015 Village Redevelopment Partners B-85 162 South Rancho Santa Fe Road Encinitas, CA 92024 SUBJECT: 1st REVIEW FOR RP 14-22/CDP 14-39 - EL CORRAL Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Administrative Review Permit, application no. RP 14-22, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The city may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the city asks that you provide three (3) complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, 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 Sincerely, CHRIS DeCERBO Principal Planner CD:AS:fn c: Hofman Planning & Engineering, Suite 1, 3156 Lionshead Avenue, Carlsbad, CA 92010 Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner IVIichele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © RP 14-22/CDP 14-39 - EL CORRAL January 20, 2015 Page 2 ISSUES OF CONCERN Planning: 1. Please remove the indoor and outdoor bar seating area (service counter) on the first floor. A bar seating area is not consistent with delicatessen uses throughout the Village. 2. Please remove the bar (service counter) from the upstairs "Tamarack View Deck." Including a bar on the second floor view deck encourages patrons to order additional alcoholic beverages and stay for longer periods of time. A delicatessen is a food service use where patrons typically do not stay for a long periods of time and order multiple alcoholic beverages. 3. Additional parking will be required if the outdoor seating is greater than the amount of indoor seating. The parking requirement is one space per 100 square feet of net floor space for outdoor se iting area which exceeds the amount of indoor seating. The plans indicate that there is 1,462 square feet of indoor seating area and a total of 3,966 square feet of patio area between the ground floor and the "Tamarack View Deck." Please clearly delineate the outdoor seating areas and indicate the size of each area. 4. Please add a note on the plans stating that all signage for the future business will be approved under a separate sign permit. Engineering: 5. Delete the sidewalk dining improvements from the site plan if it is not part of this permit application. Submit a separate sidewalk cafe permit application for the said improvements within the public right- of-way. The sidewalk cafe application must include details ofthe improvements including material, color, size and height of rails or walls (must not exceed 36"), tables, umbrella, etc. The proposed improvements must comply with the sidewalk cafe design requirements provided on pages 81 an d82 ofthe City of Carlsbad Village Master Plan and Design Manual (see attached). 6. Provide details including height, length, and width, material and color for the proposed awning at the walk-up window, bicycle rack and enhanced walkway. It must comply with the requirements in the City of Carlsbad Village Master Plan and Design Manual. A right-of-way permit application and encroachment agreement will be required for all structures proposed within the public right-of-way. 7. Please indicate the size of the existing water meter. A larger water meter may be needed. Provide water meter sizing calculations and indicate the proposed water meter size on the site plan. 8. Please show the connection of the proposed grease control device to the existing sewer lateral. 9. Clearly show property lines and indicate lot line dimensions (distance and bearings) shown on the preliminary site plan. 10. Please comply with all comments shown on the red-lined preliminary site plan. ^ City of Carlsbad October 27,2014 tlECEiVEC'''^ Bill Hofman Hofman Planning & Engineering 3155 Lionshead Avenue, Suite 1 Carlsbad, CA 92010 RE: 3040 CARLSBAD BLVD - EL CORRAL PROPOSED DEUCATESSEN USES Dear Bill, This letter is to confirm the discussion during a conference call on September 16, 2014 with Jeff Rasak and yourself regarding the proposal forthe operation of a 'deli' at the El Corral property located at 3040 Carlsbad Blvd. Based on the preliminary plans submitted, the building valuation of the proposed improvemenU outside ofthe existing structure is less than $60,000, which means that the proposed use would be reviewed as an Administrative Review Permit. As you are aware, since the previous use at the El Corral property was retail, any new use that is also retail could be approved without any additional parking requirements. Delicatessen is considered a retail use, and is defined both by the Village Master Plan and Review Manual, with some interpretation based on past practice. You are familiar with the Village Master Plan and Review Manual, but generally the defining factors of a delicatessen use are (emphasis added): 1. The primary business is ready-to-eat food products that are typically consumed offsite, like cooked meats, prepared salads, and canned/bottled beverages. 2. Serving and eating utensils are typically disposable. 3. Food order service by waiter/waitresses is not provided to any tables which might be located on the premises. Past practice has refined the deli definition In several areas: 1. Tables and seating have been allowed at delicatessens, both indoors and outdoors. 2. Limited grilling of freshly prepared food has been permitted, with the understanding that the grilled items may form a portion of the menu, but that the majority of the menu will be ready- to-eat items. 3. For a deli use, where the primary business is ready-to-eat food products, there should be deli- type cases located to be convenient to customers; and ordering counters and/or walk up windows located close to the entrance. 1635 Faraday Avenue I Carlsbad, CA 9,2008 i 750^''602 ^TIO 4, While canned and/or bottled beverages should be available for either eat-in or take-out customers, a fountain operation for soft drinks, or draft beer and wine, would fall under the deli definition. 5, While the deli definition references disposable utensils and plates, and disposable utensils would be necessary for take-out orders, current sustainabiiity practices would allow regular utensils and plates for dine-in customers. Assuming that the Review Permit application description and plans, and the subsequent building and tenant improvement plans and descriptions are consistent with the provisions of this letter, you can expect staff support of the proposed deii use at this site. This letter addresses a proposed deli use only. Other uses allowed by the underlying zone are allowed on this property subject to any applicable code requirements. Sincerely, GLEN K. VAN PESKI Community & Economic Development Director c: Don Neu, City Planner Chris DeCerbo, Principal Planner Mike Peterson, Devetopment Services Manager Kathy Dodson, Assistant City Manager