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SDP 15-04; Avenida Encinas Parking Expansion; Site Development Plan (SDP)
C CiLy of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPUED FOR: (CHECK BOXES) Development Permits Coastal Deveiopment Permit (*) [/] Minor CD Conditional Use Permit (*) I I Minor Q Extension CH Day Care (Large) 17] Environmental Impact Assessment n Habitat Management Permit CH Minor CD Hillside Development Permit (*) \Z\ Minor CD Nonconforming Construction Permit I I Planned Development Permit d) Minor I I Residential C] Non-Residential CD Planning Commission Determination Site Development Plan [7] Minor ^p'f I I Special Use Permit cn Tentative Parcel Map (Minor Subdivision) CD Tentative Tract Map (Rflajor Subdivision) y Variance [•] Minor J^\I\^D'2^ (FOR DEPT. USE ONLY) Leo/s/atfve Permits CD General Plan Amendment (FOR DEPT. USE ONLY) I I Local Coastal Program Amendment (*) I I Master Plan CD Amendment CD Specific Plan CD Amendment CD Zone Change (*) I I Zone Code Amendment South Carisbad Coastal Review Area Permits I I Review Permit I I Administrative CD Minor CD Major Villaae Review Area Permits I I Review Permit I I Administrative CD Minor CD Major (*) = eligible fbr 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMnTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4.00 P.M. ASSESSOR PARCEL NO(S).: 210 170 14 00; 210 170 16 00 PROJECT NAME: Parking Expansion 5999 & 5993 Avenida Encinas BRIEF DESCRIPTION OF PROJECT: Proposes adding 23 additional off-street parking spaces and a retaining wall to existing 228 spaces, a 10% increase, to attract high end users to the property. Adding 3,950 sq.ft. of paving to accommodate additional parking (4.7% increase j. BRIEF LEGAL DESCRIPTION: Parcels A and B of Parcel Map No. 15906 in the City of Carlsbad, County of San Diego, December 14,1989 file No. 89-677164 LOCATION OF PROJECT: ON THE: Northwest 5993 & 5999 Avenida Encinas STREET ADDRESS SIDE OF Avenida Encinas (NORTH, SOUTH, EAST, WEST) BETWEEN Palomar Airport Road (NAME OF STREET) J Cannon Road (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 6 Revised 12/13 OWNBRNAME (py-jnt); Avenida Encinas. LP/Brig Black MAILING ADDRESS: 600 B Street. Suite 2480 CITY. STATE. ZIP San Diego. Califomia 92101 TaB=HONE 619.230.8885 a^AIL ADDRESS: BBIack@LCP.COm APPLICANT NAME (Print): ^ike HoweS MAILING ADDRESS: 2888 Loker Avenue East. Suite 217 CITY. STATE, ZIP: Cadsbad. CA 92010 TELEPHONE: 760.929.2288 x 403 EMAIL ADDRESS: mikehowes@hwplanning.eom I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE .AND CORRECT TO THE BEST OF MY SIGNATURE DATE S I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BESLOF MYXNOWLEDGE SIGNATUR! DATE APPLICANTS REPRESENTATIVE (Print): Mike Howes MAILING ADDRESS: 2888 Loker Avenue East. Suite 217 CITY. STATE, ZIP: Carisbad. CA 92010 TELEPHC*<E: EMAIL ADDRESS: 760.929.2288 x 403 mikehowes@hwplanning .com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BE» 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 I/WE CONSENT TO ENTRY FOR THIS PURPOSE NOTICE OF RESTRICTK)N: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TttHIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BINP/!5V SUQCESSORS IN INTEREST FOR CITY USE ONLY \m 1 9 2015 DATE STAMP APPLICATION RECEIVED RECEIVED BY: ^1^ P-1 Page 2 of 6 Revised 12/13 / r\U, PROJECT DESCRIPTION Development Services _VH y ^1 D i /R\ P\anning Division Carlsbad ^"^'^^ 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: 5993 & 5999 Avenida Encinas APPLICANTNAME: Mike HOWBS 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. Description/Explanation: See attached P-1(B) Pagelofi Revised 07/10 HowesWeiler & Associates LAND USE PLANNING AND CONSULTATION Project Description Parking Expansion 5999 and 5993 Avenida Encinas This project description accompanies the applications and exhibits for a Minor Variance, Minor Site Development Plan, and a Minor Coastal Development Permit for a proposed addition of twenty three (23) parking spaces and a retaining wall for the commercial property located at 5999 and 5993 Avenida Encinas in Carlsbad. The proposed project will provide convenient parking adjacent to the building, enhancing the site for high-end users. The property is situated along Avenida Encinas, at the corner of Avenida Encinas and Palomar Airport Road and has a land use designation of Pl (Planned Industrial), with a zoning designation of P-M-Q, with a special overiay in the coastal zone. Directly north of the site is the Pacific View Plaza commercial office building. The project site is bounded by Avenida Encinas, Palomar Airport Road to the south, train tracks to the west, and the McDonalds and Miguel's restaurant site to the east. Two driveways serve the site providing access along Avenida Encinas. The additional twenty three (23) spaces will increase the existing parking of 228 spaces for a total of 251 spaces on the project site. The proposed project represents a 10% increase over the existing parking. The paving required to provide additional parking consists of 3,950 square feet to increase the total paved area on- site from 81,700 square feet to 85,650 square feet; an increase of 4.7% . Although the proposed project will allow parking within the 30-foot setback required at the time the building was constructed, the parking will be screened from view due to the below grade location and landscaping along Avenida Encinas. The proposed parking will allow for a 15-foot setback along Avenida Encinas, which will not exceed 75% ofthe existing 30-foot setback. The proposed project will benefit the commercial office use to make the site more attractive to high end users. The project serves to support the Carlsbad Community Vision Core Value 4, " Strengthen the city's strong and diverse economy and its position as an employment hub in North County San Diego", by attracting new tenants to the site. Additionally, the proposed project supports the goals of the City of Carlsbad Draft General Plan (DGP) by attracting a "healthy and diverse economic base by creating a climate for economic growth...attracting quality commercial development to serve the employment needs of Carlsbad residents". Further, the proposed project will "Facilitate retention, expansion, attraction and incubation of businesses that meet the city's economic development objectives"( DGP Goals and Policies 8-G.2). liowesWeiier & Associates LAND USE PLANNING AND CONSULTATION 1. The northwest corner of the site is below the elevation of adjacent roadways at the intersection of Palomar Airport Road and Avenida Encinas. The topography at this portion of the site bloclcs the view of any parking provided at this portion of the site. Parking within 15' of the property line is no more visible than parking within 30' of the property line. There are no other sites along Avenida Encinas which are located below the grade of Avenida Encinas. 2. The granting of a Minor Variance at this location to allow parking within 15' of the property line would not constitute a special privilege not shared by other properties since the proposed parking along this portion of the site would block the site of the proposed additional parking which would be located below the grade of the adjacent roadway. All other sites along this portion of Avenida Encinas are at grade with the adjacent roadway. Granting a Minor Variance at this site would not make the parking any more visible than it currently is due to the topography of the site. Granting a Minor Variance to allow parking in the front yard setbacks at the other locations would make that parking more visible from the street. 3. Granting of the proposed Minor Variance would not authorize a use that is not expressly authorized in the zone. The PM zone permits office uses on this site, the proposed Minor Variance to allow for more parking would encourage high end office users to locate on the subject property. 4. Granting of the Minor Variance would be consistent with the General Plan and Local Coastal Program since it would not allow a use that is not currently permitted by either the General Plan, Local Coastal Program or Zoning. 5. Granting of the proposed Minor Variance is consistent with the general purpose and intent of the Local Coastal Program since it would not allow any use that is not currently permitted by the LCP and would encourage office uses to locate at this site which are currently permitted by the Local Coastal Program at this site. In addition this site is totally developed and the granting of this Minor Variance would not impact any protected coastal resources. t oevelopment services City of DISCLOSURE STATEMENT manning Division Carlsbad P- iess Faraday Avenue (760) 602-4610 wnww.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporatran, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Mike Howes Corp/Part Title Principal Title Address 2888 Loker Ave. E, Ste. 217 Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or 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 publiclv-owned corporation, include the names, tities, and addresses ofthe corporate officers. (A separate page may be attached if necessary.) Person ^""ig Black Corp/Part Avenida Encinas LP Title Senior Vice President Title Lincoln Property Company Address600 B Street, Suite 2480 Address ^000 McKinney Ave., Suite 1000 San Diego, CA 92101 Dallas, Texas 75201 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 trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/T rust j}^? Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes ^ No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. certify that aji the above information is true and correct to the best of my knowledge. S^ratureofo Signature of applicant/date Print or type name of owner Mike Howes 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 . HAZARDOUS WASTE Development Services \^ City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P"1(C) www,carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962 5) Pursuant to State of California Government Code Section 65962.5, 1 have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Bl The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962 5 of the State Government Code I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962 5 of the State Govemment Code. APPLICANT PROPERTY OWNER l^jg^g. Mike Howes Name Black/Avenida Encinas LP Address 2^®^ ^^^^^ Avenue East, Ste. 217 Address ^ street Carlsbad, CA 92010 San Diego, CA 92101 Phone Numher 760.929.2288X403 P^oneNumher 619-230.8885 Address of Site: 5993 & 5999 Avenida Encinas Local Agency (Oty and Counts Carlsbad, San Diego County 210-170-14-00; 210-170-16-00 Assessor's book, page, and parcel number Specify list(s):JQ^5 n/a Regulatory Identification Number: ° Date of List 11^5 Applicant Signature/Date PropelTy Owner SignatuHB/OatS^P The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Paae lof 2 Revised 02/i: ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. Name of project: 5999 & 5993 AvGHida Encinas Name of developer or project sponsor: Bflg Black Address: ^00 B Street, Suite 2480 City, state, Zip Code: San Diego, CA 92101 Phone Number: 619.230.8885 Name of person to be contacted concerning this project: Mike HOWGS Address . 2888 Loker Avenue East, Suite 217 City, State. Zip Code: Cahsbad, CA 92010 Phone Number: 760.929.2288x403 Address of Project: 5999 & 5993 Avenida Encinas Assessor's Parcel Number: 210-170-14-00; 210-170-16-00 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: Minor Variance; Minor Site Development Plan; Minor Coastal Permit PI Existing General Plan Land Use Designation: J_J. 7. Existing zoning district: P~M-Q 8. Existing land use(s): Commercial office 9. Proposed use of site (Project for which this form is filed): Conimercial Office Project Description 4.27 acres 10. Site size: 11. Proposed Building square footage: HO Change 12: Number of floors of construction: HO Change 13. Amount of off-street parking provided: 251 SpaceS (23 nOW + 228 existing) n/a 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: n/a 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: no change 17. If industrial, indicate type, estimated employment per shift, and loading facilities: n/a 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: n/a 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate cleariy why the application is required: Minor variance is required to allow for 23 additional spaces in front setback along Avenida Encinas p-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss ali items checked yes (attach additional sheets as necessaiy). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • IZI alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or \~\ 17] roads. 22. Change in pattem, scale or character of general area of project. • [3 23. Significant amounts of solid waste or litter. d [7] 24. Change in dust, ash, smoke, fumes or odors in vicinity. • 13 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or [""1 171 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. CH [7] 27. Site on filled land or on slope of 10 percent or more. • [7] 28. Use of disposal of potentially hazardous materials, such as toxic substances, • [7] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • fT] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • [7] 31. Relationship to a larger project or series of projects. • [7] 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 structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements fumished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 3////A Date: •^f ' ' / f Signature: For: p-1 (D) Page 4 of 4 Revised 07/10 / TIME LIMITS ON Development Services %^ City of DISCRETIONARY Planning Division Carlsbad PROJECTS '''''^Z^ITZ P-1(E) www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) piease call (760) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Pagelofi Revised 07/10 City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2). Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff detennines that the questionnaire was incorrectly filled out and is subject to more stringent storni water standards than initially assessed by you, this wili result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed qOestionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Prpject Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. STtPI,' • TO m, COWHJETED FOR ALL PROJECTS To determine if your prpject is a priority development project, please answer the following questions: YES NO 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet ttie following criteria: (1) Designed and constructed to direct storm water mnoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? X 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the IJSEPA Green Streets guklance? If you answered "yes" to one or more of the above questions, then your prpject is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant information. If you answered "no" to both questions, then go to Step 2. E-34 Page 1 of 3 Effective 6/27/13 d City of to isbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To determine if your project is a priority devetopment project, please answer the foltowing questions: YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious sur^ces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. V 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surtece? This includes commercial, industriai, reskJential, mixed-use, and pubTic development prefects on public or private land. V 3. Is your project a new or redevetopment project that creates 5,000 square feet or more of impen/tous surface collectively over the entire prpject site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impen/ious surface collectively over the entire project site and supports a hillside development prpject? A hillside development project includes development on any natural slope that is twenty-five percent or greater V 5. Is your project a new or redevetopment project that creates 5,000 square feet or more of impervtous surface collectively over the entire prpject site and supports a paridng lot. A paridng lot is a land area or facility for the temporary paridng or storage of motor vehicles used personally for business or fa-commerce. 6. Is your project a new or redevetopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impen/ious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. V 7. Is your prpject a new or redevelopment project that creates or replaces 2,500 square feet or more of impervtous surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? 'Discharging Directly to" includes ftow that is conveyed overtand a distance of 200 feet or less from the prefect to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingles with flows from adjacent lands).* V 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014. 5541, 7532-7534, or 7536-7539. 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. V 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post constmction? V 11.1s your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing stmctural Best Management Practices (BMP's) in addition to implementing Standard Stomi Water Requirements such as source control and low impact devetopment BMP's. A Storm Water Management Plan (SWMP) must be submitted with your application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no" to all of the above questions, you ARE NOT a priority devetopment project and are therefore subject to implementing only Standard Stonn Water Requirements such as source control and tow impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your applicatton(s) for devetopment. Go to step 4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27/13 <^ City of risbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov STEP 3 PROJECTS THAT ARE PWOWTY fHftlBCTOONLY Complete the questions below regarding your redevelopment project: YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% ofthe surface area ofthe previously existing development? If you answered "yes," the structural BMPs required for Priority Development Prqects apply only to the creation or replacement of impervious surface and not the entire development Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no," the stmctural BMP's required for Priority Development Projects apply to the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. STEP 4 CHECK TIIE APPROPRIATE BOX AND COMPIETE APPUCANT MTORm • My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and 1 understand 1 must prepare a Storm Water Management Plan for submittal at time of application. ^ 1 understand flow control (hydromodificatton) requirements may apply to my project. Refer to SUSMP for details. M My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: 5999 & 5993 Avendia Encinas Applicant Name: Mike Howes Appli( tun Accessor's Parcel Number(s): 210-170-14-00: 210-170 16 00 Applicant Title: Principal Hnwfi.«4 Wftilfir A As.ctnr.iate.<; This Box for City Use Only City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as presen/es or their quivalent under the Multi Species Consen/ation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 Carlsbad ^ MINOR „ , • i n(V of COASTAL DEVELOPMENT PERMIT/ ^^'^^^^P^f V MiY SINGLE FAMILY RESIDENCE "^""'"^ 1635 Faraday Avenue APPLICATION (760) 602-4610 P-6 www.carlsbadca.gov A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the cun-ent fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: square feet x $ /sq ft. = $ Residentiai Addition Square Footage: sauare feet x $ /sq. ft. = = $ Any Garage Square Footage: square feet x $ /sq. ft. = --$ Residential Conversion Square Footage: sauare feet x $ /sq. ft. = = $ Please contact the City of Carisbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and ManufacturingA/Varehouse uses.) square feet x $ Isq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 2. A Coastal Development Permit ($60,000 or more cost estimate) O C. Street address of proposed development 5999 & 5993 Avenida Encinas. Carisbad, 92008 P-6 Page lof 6 Revised 08/13 D. Assessor's Parcel Number of proposed development 210 170 14 00: 210 170 16 00 Development Description: Briefly describe proiect: Provide retaining wall and addition of 23 parking spaces to existing parking of 228 for a total of 251 spaces. Add 3,950 sq. ft. of paving to accommodate additional spaces in the existing front setback along Avenida tncinas. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: commercial office South: gas station East: restaurants West: train tracks G. Is project located within a 100-year flood plain? CH Yes ^No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? ^Yes DNO If yes, please describe. Two office commercial buildings B. Will any existing structure be removed/demolished? O Yes ^Ho If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ili. LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage 68.222 sa. ft. n/a sa. ft. 68,222 sq. ft. 30 % Landscaped Area 38.500 sq.ft. -3.950 sq.ft. 34.550 sq. ft. 22 % Hardscape Area 81.700 sq.ft. 3.950 sq.ft. 85,545 sq. ft. 48 % Unimproved Area (Left Natural) sq.ft. sq.ft. sq.ft. 0 % B. Parking: Number of existing spaces 228 Number of new spaces proposed 23 Existing/Proposed TOTAL: 251 Number of total spaces required Number of covered spaces 2_ Number of uncovered spaces 251 Number of standard spaces P-6 Page 2 of 6 Revised 08/13 Number of compact spaces Is tandem parking existing? \Z\ Yes # S^^No Is tandem parking proposed? [H Yes # 5^No C. Grade Alteration: Is any grading proposed? M Yes O No If yes, please complete the following: 1. Amount of cut 797 2. Amount of fill 0 3. Maximum heiqht of till slooe 0 4. Maximum heiqht of cut slope 12 5. Amount of import or export 797 6. Location of borrow or disposal site n/a cu. yds. cu. yds. feet feet cu. yds. p-6 Page 3 of 6 Revised 08/13 North view of site from across Palomar Airport Road South view looking towards Palomar Airport Road along Avenida Encinas View of site from parking lot View of site from above on Palomar Airport Road Looking north across Palomar Airport Road from Shell Station; intersection of PAR and Avenida Encinas View north from Palomar Airport Road PARKINQ EXPANSION for: LINCOLN PROPERTY COMPANY 5999 & 5993 AVENIDA ENCINAS CARLSBAD, CA 92008 SmlChCD[>suninQArch ItKttt PROJECT DIRECTORY OVERALL SITE PLAN •WNEfl/DEVElOPER/TPMAkT. >D B STREET. SUITE 11 IU DC 00. 0* inoi WW,LPCSIK«I..BOII mt STitucTUflAL eNOMEEnt t)*UEiSON BT roWAY. C* «iOM PHONE' lie II «'»-•»« Monte wEitn I AS mt HOWES lUl 1.0KER AVENUE OONIBBAO. CA WHO nammt ' EXCEL EXOMEEIIM MCHAtL LEVIN, *>LS •49 STATE ^tACf ISCONODO. C* uon IrBOl T4t-«11l EXT. 11 (riDI Ttl-MO (AX SHEET INDEX AROHITBCnmAi m iM-MiiD tin run ILIVATIOH HCTUN PROJECT SUMMARY LEOAL MBCRrriONi CANCELS I AH> S OF liANCEl UAP ND lUOt. M THC CITV c -"mtTATE OF OAllfOFINlA, F«.EO H THE OFFCT OF THE C( COunYMOEtMEK U AP* M-iro-ii-oti, iio-iTo.li.en ADDNEBS mi AND tm AviwDA ENCMAe CADLUAD. DA IDT AORIAQE 4.}' ACneS llH.tlDI SPI lOUIi PM.Q lAHD US[^ Pt PLAhWEC MDUSTHAL PRCfOSIO UBEi DFFtCE, MOUBTRiAi MSMQ OOVCKAOe.- 30% IH.!H (E SMDMB BAD AncAVIM.DD BUIDINO AREA^ IW. »j*o >« tm If IF OF FICIAL RECDNDB TOTAL I •7 SF SCALE- 1" = 40'-0" I^PCENT OF SITE lANOSCAFtlQ: IXIBTWO 31.100 SF ItlW PSOPMfO JI.MO SP MiK} EXISTNa IIS SPACES (3 34/10001 PnOVCED »l SPACES I3.H/IC00I » ADDED . A iDK MORE ABE APPLICATION TYPES s: 8 is a: a. a. 8 z 3 SO 1 g ro a 68 HWOR VARIANCE TSI EXIBTINfl TOT Of SIDEtUAlK BEYOND am E>»i« Cmk onit scuih RETAINING WALL ELEVATION >- 1 8 Si CL 8 25 ENU^RGED SITE PLAN POST nattrsB to cm CAI* U4 OALVANOID CABLt BAH n.ATl iKfOM HLT» cm CAF •AOtriLL «4D nKVIDC OKAM WMBUFAVNl H/DfUNA&C fCCMCCT 19 IXI5TN& SlOttl DUN) RETAINING WALL SECTION Pol S/4' . ••-«' O GENERAL NOTES: KEY NOTES: Wn.!T FAM CMU WT4ININQ WALL- VlT. IXIftTINtS LAND6C4FINS JO KEMAIN. V OUniR 3*- TALL RAILING MOUNTED TO CMU BtTAININd lUALL CAr. POBTS • W DC:. ^ nRMEABLE FAyNQ LU/DKANM^. CDWECT TO SXISTINtj STOn^ DKAIK LANDSCAFE laANO EXIftTINQ PAHCIA LDT POLE LIGiHTINa RELDCATED OO 4 51 Ptannlng IMtn Dwtlopnwnt 1>hnClwK ASI COMMITMENT FOR TITLE INSURANCE Issued by Fidelity National Title Insurance Company Fidelity National Title Insurance Company, a Califomia corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: " (k^J HJ^L^ ( / E?^"^^ «^ / ' Authorized Signature Authorized Signature 27C101 (6/06) ALTA Commitment-2006 Copyright American Land Title Association. All rigiits reserved. The use of this Form Is restricted to ALTA licensees and ALTA ^^mctM members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '£^}o:l Title Association. Fidelity National Title Insurance Company SCHEDULE A (V3) Name and Address of Title Insurance Company: Fidelity National Title Company 4370 La Jolla Village Dr., Suite 860 San Diego, CA 92122 Title Officer: Curt Taplin (MA - SD) Order No.: 005-23055374-A-CT7 1. Effective Date: March 5,2015 at 7:30 a.ni.. Amended 2. Policy or Policies to be issued: a. None Proposed Insured: Escrow Officer: Samantha Maestas Amount $0.00 b. ALTA Extended Owners Policy (6-17-06) Proposed Insured: Avenida Encinas, LP, a Texas limited partnership c. None Proposed Insured: $11,900,000.00 $0.00 3. The estate or interest in the land described or referred to in this Commitment is: Fee Estate 4. Title to the estate or interest in the land is at the Effective Date vested in: AVENIDA ENCINAS, L.P., a Texas limited partnership 5. The land referred to in this Conmiitment is described as follows: See Exhibit A attached hereto and made a part hereof. 27C101A(6/06) 1 ALTA Commitment - 2006 Copyright American l^nd Title Association. Ali rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE ASSOCIATION Order No.: 005-23055374-A-CT7 EXfflBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELS A AND B OF PARCEL MAP NO. 15906. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 14,1989 AS FILE NO. 89-677164. QF OFFICIAL RECORDS. APN: 210-170-14-00,210-170-16-00 27C101A(6/06) 2 ALTA Commitment - 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land MSOCIITL" Title Association. Order No.: 005-23055374-A-CT7 SCHEDULE B - SECTION I REQUIREMENTS (A) Pay the agreed amoimts for the interest in the Land and/or the Mortgage to be insured. (B) Pay Us the premiums, fees and charges for the Policy. (C) Documents Satisfactory to Us creating the interest in the Land and/or the Mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this conmiitment who will get an interest in the Land or who will make a loan on the Land. We may then make additional requirements or exceptions. (E) Intentionally deleted. (G) Intentionally deleted. (H) . Intentionally deleted. END OF SCHEDULE B - SECTION I 27C101BI (6/06) 3 ALTA Commitment - 2006 Copyright American Land Title Association. Ail rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land IssociwroN Title Association. Order No.: 005-23055374-A-CT7 SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015-2016. C. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 210-170-14-00 Fiscal Year: 2014-2015 1 st Installment: $30,797.86, PAID 2nd Instaltaient: $30,797.86, OPEN (Delinquent after April 10) Penalty and Cost: $3,089.78 Homeowners Exemption: $NONE Code Area: 09000 Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 210-170-16-00 Fiscal Year: 2014-2015 1st Installment: $20,443.61, PAID 2nd Installment: $20,443.61, OPEN (Delinquent after April 10) Penalty and Cost: $2,054.36 Homeowners Exemption: $NONE Code Area: 09000 D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of Califomia as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring from and after the Date of Policy. 1. Water rights, claims or titie to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southem Counties Gas Company Purpose: Pipeline Recording Date: July 26, 1932 Recording No: Book 147. Page 152. of Official Records Affects: as described therein 27C101BII (6/06) 4 ALTA Commitment - 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land JTISSS^' Title Association. Order No.: 005-23055374-A-CT7 SCHEDULE B - Section II (Continued) 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southem Califomia Telephone Company Purpose: Public utilities Recording Date: August 2, 1941 Recording No: Book 1200. Page 421. of Official Records Affects: as described therein 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pacific Telephone and Telegraph Company Purpose: Public utilities Recording Date: August 30, 1957 Recording No: Book 6730. Page 126. of Official Records Affects: as described therein 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Vista Sanitation District Purpose: Pipelines Recording Date: June 23, 1964 Recording No: 112575. of Official Records Affects: as described therein 6. The ownership of said Land does not include rights of access to or from the street, highway, or Ireeway abutting said Land, such rights having been relinquished by the document. Recording Date: June 18, 1965 Recording No: 108756. of Official Records Affects: Palomar Airport Road 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Carlsbad Purpose: Water system, sewerage, drainage, power lines Recording Date: December 5, 1968 Recording No: 213329. of Official Records Affects: as described therein 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a docimient: Granted to: Southem Califomia Gas Company Purpose: Road Recording Date: March 22, 1983 Recording No: 83-089542. of Official Records Affects: as described therein 27C101BII (6/06) 5 ALTA Commitment - 2006 Copyright American Land Titie Association. Ali rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Associmo" Title Association. Order No.: 005-23055374-A-CT7 SCHEDULED-Section 11 (Continued) 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pacific Bell, a Califomia corporation Purpose: Public utilities Recording Date: September 26,1984 Recording No: 84-364336. of Official Records Affects: as described therein 10. Matters contained in that certain document Entitled: Maintenance Agreement Dated: December 20, 1984 Executed by: Palomar Venture and the City of Carlsbad Recording Date: January 11, 1985 Recording No: 85-009104. of Official Records Reference is hereby made to said document for full particulars. 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company Purpose: Public utilities Recording Date: Febmary 14, 1985 Recording No: 85-050545. of Official Records Affects: as described therein 12. Matters contained in that certain document Entitied: Hold Harmless Agreement Drainage Dated: May 10, 1985 Executed by: Palomar Venture, a Califomia limited partnership and the City of Carlsbad Recording Date: May 16, 1985 Recording No: 85-172844. of Official Records Reference is hereby made to said document for fiill particulars. 13. Easement(s) for the purpose(s) shown below and ri^ts incidental thereto, as granted in a document: Granted to: Pacific Bell, a Califomia corporation Purpose: Public utilities Recording Date: April 9,1986 Recording No: 86-137033. of Official Records Affects: as described therein 27C101 BII (6/06) 6 ALTA Commitment - 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ij^HixfS^ Title Association. Copyright American Land Title Association. All rights reserved. Tne use ot this horm is restnctea to AL i A licensees ana AL i A memDers in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN Order No.: 005-23055374-A-CT7 SCHEDULE B - Section II (Continued) 14. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 14, 1988 Recording No: 88-018191. of Official Records 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Carlsbad Municipal Water District Purpose: Pipelines Recording Date: October 25, 1989 Recording No: 89-578540. of Official Records Affects: as described therein 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Carlsbad Purpose: Public road Recording Date: November 21, 1989 Recording No: 89-631683. of Official Records Affects: as described therein 17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Carlsbad Purpose: Right of way Recording Date: April 22, 1992 Recording No: 92-0236811. of Official Records Affects: A portion of Parcel B 18. Intentionally deleted. 19. Intentionally deleted. 20. Intentionally deleted. 21. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: 212-14 Dated: December 23, 2014 Prepared by: Advanced Land Solutions Matters shown: A. An encroachment of a building (599) over an easement fro water pipeline purposes. Said easement is described in item #15 above. 27C101 BII (6/06) 7 ALTA Commitment - 2006 Copyright American Land Title Association. All rights reserved. The use of this Fomi is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ^jssISS Title Association. -t;^^ Order No.: 005-23055374-A-CT7 SCHEDULE B - Section II (Continued) 22. Intentionally deleted. 23. Rights of the following tenants in possession under unrecorded lease, solely as tenants and solely with respect to space occupied by each such tenant (together with non-exclusive rights in common with other tenants in areas used by all tenants: Lessee: #5993 PC Power & Cooling Chelsea Investment Corporation Lessee #5999 # 150 - Rigaku Automation MSC 24. A deed of tmst to secure an indebtedness in the amount shown below. Amount: $9,735,000.00 Dated: February 12, 2015 Tmstor/Grantor Avenida Encinas, LP, a Texas limited partnership Tmstee: Fidelity National Title Company Beneficiary: Independent Bank Recording Date: Febmary 12, 2015 Recording No: 2015-0064985, Official Records 25. A fmancing statement as follows: Debtor: Avenida Encinas, LP Secured Party: Independent Bank Recording Date: Febmary 12,2015 Recording No: 2015-0064986, Official Records END OF SCHEDULE B - SECTION II 27C101BII (6/06) 8 ALTA Commitment - 2006 Copyright American Land Titie Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ij^iSSs Title Association. Order No.: 005-23055374-A-CT7 NOTES Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06) or ALTA Loan Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the options of either the Company or the Insured as the exclusive remedy of the parties. Note: None ofthe items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a commercial property, known as 5993 and 5999 Avenida Encinas, Carlsbad, CA, to an Extended Coverage Loan Policy. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF NOTES 27C101 Notes (6/06) 9 ALTA Commitment - 2006 Copyright American Land Title Association. All rights reserved. The use of this Fomi is restricted to ALTA licensees and ALTA AMERICAN members in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license from the American Land "socimo" Title Association. Order No.: 005-23055374-A-CT7 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instmment. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b)to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies commifted for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a confract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbifrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration mles at <http://www.alta.org/>. 27C101 Conditions (6/06) 10 ALTA Commitment - 2006 Copyright American Land Title Association. Ali rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land "SOC.ITL" Title Association. Order No.: 005-23055374-A-CT7 OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at J fiirther described as follows: See Preliminary Report/Commitment No. 005-23055374-A-CT7 for full legal description (the "Land"). b. Declarant is the of ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 005-23055374-A-CT7 for fiill legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been fiimished in connection with the erection, equipment, repair, protection or removal of any building or other stracture on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials fumished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be fiimished to complete the constmction in fiill compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the imdersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelify National Title Insurance Company against any and all claims arising therefrom. 3. Ovmer has not previously conveyed the Land; is not a debtor in bankmptcy (and if a partnership, the general partner thereof is not a debtor in bankmptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of tmst. Uniform Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refiisal affecting the Land. 8. That, to the best of Ovmers knowledge, (i) the covenants and resfrictions, if any, shovm in the Commitment have not been violated by the erection of the improvements on the Property or the use of the Property or the use of the Property, (ii) there are no knovra facts which would cause such violation, and (iii) Ovmer has not received any notices of any violations thereof This declaration is made with the intention that Fidelify National Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attomeys fees, expenses, and costs) incurred by the Company as a result of any untme statement made herein. I declare under penaify of perjury that the foregoing is tme and correct and that this declaration was executed on at Signature: FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate- and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Infonnation (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use of Information The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information {e.g., name, address, phone number, email address); (2) demogr^hic information (e.g., date of birth, gender marital status); (3) Intemet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SEM), driver's license, passport, and other govemment ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our afRliates, or others; and • From consumer or other reporting agencies and public records maintained by govemmental entities that we either obtain directly from those entities, or from our affiliates or others. Information collected by FNF is used for three main purposes: To provide products and services to you or one or more third party service providers (coUectively, "Third Parties") who are obtaining services on your Ijehalf or in connection with a transaction involving you. • To improve our products and services that we perfonn for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Intemet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on Privacy Notice Effective: January 24,2014 subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Intemet browser, but some fimctionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique intemal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic commimications you receive from us. We keep this information for our intemal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized infonnation about your online usage activity. You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. You can opt-out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you can opt-out via the lAB UK's industry opt-out at www.vouronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Intemet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. When Information Is Disclosed Bv FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as pennitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in coimection with an insurance transaction; To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other govemmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in titie whose claim or interest must be determined, settled, paid or released prior to a titie or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist govemment enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other infonnation, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information from Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govem our use of Personal Information, but also that infonnation that is voluntarily given by children - or others - in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Intemet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you volimtarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt ouf). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosui% to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. Privacy Notice Effective: Januaiy 24,2014 If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under Califomia's "Shine the Light" law, Califomia residents who provide certain personally identifiable information in coimection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fiif.com with "Request for Califomia Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, Califomia's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currentiy, our policy is that we do not recognize "do not track" requests from Intemet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Atm: Chief Privacy Officer (888) 934-3354 privacY(a).fnf com Copyright Reserved. 2014. Fidelity National Financial, Inc. All Rights EFFECTIVE AS OF: JANUARY 24, 2014 LAST UPDATED: JANUARY 24,2014 Privacy Notice Effective: January 24,2014 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the Califomia Code of Regulations Fidelify National Financial, Inc. and its subsidiaries ("FNF') must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instmctions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicabilify of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a fiill description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to fransactions involving properfy improved with a one-to-four family residential dwelling. FNF Underwritten Title Companv FNF Underwriter FNTC - Fidelify National Title Company FNTIC - Fidelify National Title Insurance Company FNTCCA -Fidelify National Title Company of Califomia Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the titie has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the govemment of the United States or the State of Califomia on any land located in said area, which was partially or totally desfroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the fype of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate titie insurance rate, depending on the fype of coverage selected. CA Discount Notice Effective Date: 12/01/2014 CLTA PRELIMINARY REPORT FORM, EXHI^P(Revised06-05-14) PAGE 16 Attachment One (Revised 06-05-14) CALIFORNIA LAND TTTLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (04-08-14) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of fte land or any parcel of which fte land is or was a part; or (iv) environmental protection, or fte effect of any violation of ftese laws, ordinances or govemmental regulations, except to fte extent ftat a notice of fte enforcement ftereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting fte land has been recorded in fte public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to fte extent ftat a notice of fte exercise ftereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting fte land has been recorded in fte public records at Date of Policy. 2. Rights of eminent domain unless notice of fte exercise ftereof has been recorded in fte pubUc records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on fte rights of a purchaser for value wiftout knowledge. 3. Defects, liens, encumbrances, adveise claims or ofter matters: (a) wheftcr or not recorded in fte public records at Date of Policy, but created, suffered, assumed or agreed to by fte insured claimant; (b) not known to fte Company, not recorded in fte public records at Date of Policy, but known to fte insured claimant and not disclosed in writing to the Company by fte insured claimant prior to fte date fte insured claimant became an insured under ftis policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if fte insured claimant had paid value for fte insiffed mortgage or for fte estate or interest insured by ftis policy. 4. Unenforceability of the lien of the insured mortage because of fte inrf>ility or failure of fte insured at Date of Policy, or fte inability or failure of any subsequent owner of fte indebtedness, to comply wift fte applicable doii^ business laws of fte state in which fte land is situated. 5. Invalidity or unenforceability ofthe lien of fte insured mortgage, or claim ftereof, which arises out of fte transaction evidenced by fte insured mortgage and is based upon usury or any consinner credit protection or tmft in lending law. 6. Any claim, which arises out of fte transaction vesting in fte insured fte estate of interest insured by ftis policy or fte transaction creating fte interest of fte insured lender, by reason of fte operation of federal bankmptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and fte Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by fte records of any taxing auftority ftat levies taxes or assessments on real property or by fte public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whefter or not shown by fte records of such agency or by fte public records. 2. Any facts, rights, interests, or claims which are not shown by fte public records but which could be ascertained by an inspection of fte land or which may be asserted by persons in possession ftereof 3. Easements, liens or encumbrances, or claims ftereof, not shown by fte public records. 4. Discrepancies, conflicts in Iwundary lines, shortage in area, encroachments, or any ofter facts which a correct survey would disclose, and which are not shown by fte public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts auftorizing fte issuance ftereof; (c) water rights, claims or title to water, whefter or not fte matters excepted under (a), (b) or (c) are shown by fte public records. 6. Any lien or right to a lien for services, labor or material not shown by fte public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to fte Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Govemmental police power, and fte existence or violation of ftose portions of any law or government regulation conceming; a. building; b. zoning; c. tand use; d. improvements on fte Land; e. land division; and f enviroimiental protection. This Exclusion does not limit fte coverage described in Covered Risk S.a, 14,15, 16,18,19,20,23 or 27. 2. The failure of Your existing stmctures, or any part of ftem, to be constmcted in accordance wift applicable building codes. This Exclusion does not limit fte cover^e described in Covered Risk 14 or 15. 3. The right to take fte Land by condemning it. This Exclusion does not limit fte coverage described in Covered Risk 17. 4. Risks: a. ftat are created, allowed, or agreed to by You, whefter or not ftey are recorded in fte Public Records; b. ftat are Known to You at fte Policy Date, but not to Us, imless ftey are recorded in fte Public Records at fte Policy Date; c. ftat result in no loss to You; or d. ftat first occur after fte Policy Date - ftis does not limit fte coverage described in Covered Risk 7, 8.e., 25,26,27 or 28. 5. Failure to pay value for Your Titie. 6. Lack of a right; a. to any land outside fte area specifically described and referred to in paragraph 3 of Schedule A; and © Califomia Land Title Association. All rights reserved. The use of this Fomfi is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, EXHli|P(Revised06-05-14) PAGE 17 b. in sfreets, alleys, or waterways ftat touch fte Land. This Exclusion does not limit fte coverage described in Covered Risk 11 or 21. 7. The transfer of fte Title to You is invalid as a preferential transfer or as a fraudulent fransfer or conveyance under federal bankmptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to exfract or develop minerals, water, or any ofter substances. LIMITATIONS ON COVERED RISKS Your insurance for fte following Covered Risks is limited on fte Owner's Coverage Statement as follows; • For Covered Risk 16, 18, 19,and21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows; Our Maximum Dollar Your Deductible Amount Limit of Liabilitv 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 16; (whichever is less) $10,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 18; (whichever is less) $25,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 19; (whichever is less) $25,000,00 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 21; (whichever is less) $5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from fte coverage of ftis policy, and fte Company will not pay loss or damage, costs, attorneys' fees, or expenses ftat arise by reason of; 1. (a) Any law, ordinance, permit, or govemmental regulation (including ftose relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) fte occupancy, use, or enjoyment of fte Land; (ii) fte character, dimensions, or location of any improvement erected on fte Land; (iii) fte subdivision of land; or (iv) environmental protection; or fte efifect of any violation of ftese laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit fte coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit fte coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit fte 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 fte Insured Claimant; (b) not Known to fte Company, not recorded in fte Public Records at Date of Policy, but Known to fte Insured Claimant and not disclosed in writing to fte Company by fte Insured Claimant prior to fte date fte Insured Claimant became an Insured under ftis policy; (c) resulting in no loss or damage to fte Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, ftis does not modify or limit fte coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or dam^e ftat would not have been sustained if fte Insured Claimant had paid value for fte Insured Mortgage. 4. Unenforceability of fte lien of fte Insured Mortgage because of fte inability or failure of an Insured to comply wift applicable doing-business laws of fte state where fte Land is situated. 5. Invalidity or unenforceability in whole or in part of fte lien of fte Insured Mortgage ftat arises out of fte fransaction evidenced by fte Insured Mortg^e and is based upon usury or any consumer credit protection or truft-in-lending law. 6. Any claim, by reason of fte operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, ftat fte fransaction creating fte lien of fte Insured Mortgage, is (a) a fraudulent conveyance or fraudulent fransfer, or (b) a preferential fransfer for any reason not stated in Covered Risk 13(b) of ftis policy. 7. Any lien on fte Title for real estate taxes or assessments imposed by govemmental auftority and created or attaching between Date of Policy and fte date of recording of fte Insured Mortgage in fte Public Records. This Exclusion does not modify or limit fte coverage provided under Covered Risk 11(b). The above policy form may be issued to afford eifter Standard Cover^e or Extended Cover^e. In addition to fte above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include fte following Exceptions from Coverage; EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, ftis policy does not insure against loss or damage, and fte Company will not pay costs, attomeys' fees or expenses, that arise by reason of PARTI The above policy form may be issued to afford eifter Standard Coverage or Extended Coverage. In addition to fte above Exclusions from Coverage, fte Exceptions from Coverage in a Standard Coverage policy will also include fte following Exceptions from Coverage; 1. (a) Taxes or assessments ftat are not shown as existing liens by fte records of any taxing auftority ftat levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency ftat may result in taxes or assessments, or notices of such proceedings, whefter or not shown by fte records of such agency or by fte Public Records. 2. Any facts, rigiits, interests, or claims ftat are not shown by fte Public Records but ftat could be ascertained by an inspection of fte Land or ftat may be asserted by persons in possession of fte Land. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license or express pennission from the Califomia Land Title Association. CLTA PRELIMINARY REPORT FORM, EXHiiPf (Revised06-05-14) PAGE 18 3. Easements, liens or encumbrances, or claims ftereof, not shown by fte Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting fte Titie ftat would be disclosed by an acciutite and complete land survey of fte Land and not shown by fte Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts auftorizing fte issuance ftereof; (c) water rights, claims or tide to water, whefter or not fte matteis excepted under (a), (b), or (c) are shown by fte Public Records. 6. Any lien or right to a lien for services, labor or material not shown by fte Public Records. PART II In addition to fte matters set forft in Part I of ftis Schedule, fte Title is subject to fte following matters, and fte Company insures against loss or damage sustained in fte event ftat ftey are not subordinate to fte lien of fte Insured Mortgage; 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from fte covei^e of ftis policy, and fte Company will not pay loss or damage, costs, attorneys' fees, or expenses ftat arise by reason of 1. (a) Any law, ordinance, permit, or govemmental regulation (including ftose relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) fte occupancy, use, or enjoyment of fte Land; (ii) fte character, dimensions, or location of any improvement erected on fte Land; (iii) fte subdivision of land; or (iv) environmental protection; or fte effect of any violation of ftese laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit fte coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit fte coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit fte coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or ofter matters (a) created, suffered, assumed, or agreed to by fte Insured Claimant; (b) not Known to the Company, not recorded in fte Public Records at Date of Policy, but Known to fte Insured Claimant and not disclosed in writing to the Company by fte Insured Claimant prior to fte date fte Insured Claimant became an Insured under ftis policy; (c) resulting in no loss or damage to fte Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, ftis docs not modify or limit fte coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage ftat would not have been sustained if fte Insured Claimant had paid value for fte Title. 4. Any claim, by reason of fte operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, ftat fte fransaction vesting fte Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent fransfer; or (b) a preferential fransfer for any reason not stated in Covered Risk 9 of ftis policy. 5. Any lien on fte Tide for real estate taxes or assessments imposed by govemmental auftority and created or attaching between Date of Policy and fte date of recording of fte deed or other instrument of fransfer in fte Public Records ftat vests Title as shown in Schedule A. The above policy form may be issued to afford eifter Standard Coverage or Extended Coverage. In addition to fte above Exclusions from Cover^e, fte Exceptions from Coverage in a Standard Coverage policy will also include fte following Exceptions from Coveiage; EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and fte Company will not pay costs, attorneys' fees or expenses, ftat arise by reason of The above policy form may be issued to afford eifter Standard Coverage or Extended Coverage. In addition to fte above Exclusions from Coverage, fte Exceptions from Coverage in a Standard Coverage policy will also include fte following Exceptions from Cover^e; 1. (a) Taxes or assessments ftat are not shown as existing liens by fte records of any taxing auftority ftat levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency ftat may resuh in taxes or assessments, or notices of such proceedings, whefter or not shown by fte records of such agency or by fte Public Records. 2. Any facts, rigiits, interests, or claims ftat are not shown in fte Public Records but ftat could be ascertained by an inspection of fte Land or ftat may be asserted by persons in possession of fte Land. 3. Easements, liens or encumbrances, or claims ftereof, not shown by fte Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting fte Titie ftat would lie disclosed by an accurate and complete land survey of fte Land and ftat are not shown by fte Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts auftorizing fte issuance ftereof; (c) water rights, claims or title to water, whefter or not fte matters excepted imder (a), (b), or (c) are shown by fte Public Records. 6. Any lien or right to a lien for services, labor or material not shown by fte Public Records. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matteis are expressly excluded from fte coverage of ftis policy and fte Company will not pay loss or dam^e, costs, attomeys' fees or expenses which arise by reason of; I. (a) Any law, ordinance, permit, oi govemmental regulation (including ftose relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) fte occupancy, use, or enjoyment of fte Land; (ii) fte character, dimensions, or location of any improvement erected on fte Land; (iii) fte subdivision of land; or (iv) environmental protection; or fte efifect of any violation of ftese laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit fte coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit fte coverage provided under Covered Risk 5,6, 13(c), 13(d), 14 or 16. © California Land TKIe Association. All rights reserved. The use of this Fonn is restricted to CLTA subscribers in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license or express pennission from the Califbrnia Land Title Association. CLTA PRELIMINARY REPORT FORM, EXHI^I (Revised06-05-14) PAGE 19 2. Rights of eminent domain. This Exclusion does not modify or limit fte coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or ^reed to by fte Insured Claimant; (b) not Known to fte Company, not recorded in fte Public Records at Date of Policy, but Known to fte Insured Claimant and not disclosed in writing to fte Company by fte Insured Claimant prior to fte date fte Insured Claimant became an Insured under ftis policy; (c) resulting in no loss or damage to fte Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, ftis does not modify or limit fte coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21,22,23,24,27 or 28); or (e) resulting in loss or damage ftat would not have been sustained if fte Insured Claimant had paid value for fte Insured Mortgage. 4. Unenforceability of fte lien of fte Insured Mortgage tiecause of fte inability or failure of an Insured to comply wift applicable doing-business laws of fte state where fte Land is situated. 5. Invalidity or unenforceability in whole or in part of fte lien of fte Insured Mortgage ftat arises out of fte fransaction evidenced by fte Insured Mortgage and is based upon usury, or any consumer credit protection or tmft-in-lending law. This Exclusion does not modify or limit fte cover^e provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of fte lien of fte Insured Mortgage as to Advances or modifications made after fte Insured has Knowledge ftat fte vestee shown in Schedule A is no longer fte owner of fte estate or interest covered by ftis policy. This Exclusion does not modify or limit fte coverage provided in Covered Risk 11. 7. Any lien on fte Tifle for real estate taxes or assessments imposed by govemmental auftority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit fte coversge provided in Covered Risk 11(b) or 25. 8. The failure of fte residential stmcture, or any portion of it, to have been constmcted before, on or after Date of Policy in accordance wift applicable building codes. This Exclusion does not modify or limit fte coveiage provided in Covered Risk 5 or 6. 9. Any claim, by reason of fte operation of fedeial bankmptcy, state insolvency, or similar creditors' rights laws, ftat fte transaction creating fte lien of fte Insured Mortgage, is (a) a fraudulent conveyance or fraudulent fransfer, or (b) a preferential fransfer for any reason not stated in Covered Risk 27(b) of ftis policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earftquake, or subsidence. 11. Negligence by a person or an Entify exercising a right to exfract or develop minerals, water, or any ofter substances. ® Califomia Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title /\ssociation. 1 1 1 1 l'l l -l T TTTTTTTTT "1 1 1 1 1 1 M i IIIIIIIII Tl 1111 1 1 1 -rrniTrrr 1 2 a 4 5 . 9 8MUW1/10 MCH 210-17 immi 5 \ 1? c 1 if iln: 1 tl h ah 0 HIS uif *M PKwwij foo AisKSMcm ivii.-o!t5 wi.). ffl AssLvsn HUI ihf Mi!ui»ct w thf WM WW* Assssoiiii^rai MW 10! COMRY Willi lOCM SJOMfflOl Otl llltIM <mi««H .UN DitaoCOUNT*Aucnmi'i Mwvn'11 nt OLD HWY IOI MAP B23 - ROS I80f. RHO AQUA HEDIONDA 6873.1050 lii; I (I •! isiiia City of Carlsbad Faraciay Center Faraday Cashiering 001 1507801-2 03/19/2015 149 Thu, Mar 19, 2015 10:20 AM Receipt Ref Nbr: R1507801-2/0011 PERMITS - PERMITS Tran Ref Nbr: 150780102 0011 0011 Trans/Rcpt#: ROI07744 SET #: SDP15004 Amount; 1 @ $4,467.00 Item Subtotal: $4,467.00 Item Total: $4,467.00 PERMITS - PERMITS Tran Ref Nbr: 150780102 0011 0012 Trans/Rcpt#: ROI07745 SET #: CDP15008 Amount: 1 @ $871.68 Item Subtotal: $871.68 Item Total: $871.68 PERMITS - PERMITS Tran Ref Nbr: 150780102 0011 0013 Trans/Rcpt#: ROI07746 SET #; AV150002 Amount: 1 @ $751.00 Item Subtotal: $751.00 Item Total: $751.00 3 ITEM(S) TOTAL: $6,089.68 Check (Chk# 00001031) $6,087.84 Cash $1.85 Total Received: $6,089.69 CHANGE: $0.01 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: HOWES MIKE Description SDP15004 5999 AVENIDA ENCINAS CBAD Amount 4,467.00 Receipt Number: R0107744 Transaction Date: 03/19/2015 Transaction ID: R0107744 Pay Type Method Payment Check Description Amount 4,467.00 Transaction Amount: 4,467.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: HOWES MIKE Description CDP15008 5999 AVENIDA ENCINAS CBAD Amount 871.68 Receipt Number: R0107745 Transaction Date: 03/19/2015 Transaction ID: R0107745 Pay Type Method Description Amount Payment Check 871.68 Transaction Amount: 871.68 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: HOWES MIKE Description AV150002 5 999 AVENIDA ENCINAS CBAD Amount 751.00 Receipt Number: R0107746 Transaction Date: 03/19/2015 Transaction ID: R0107746 Pay Type Method Description Amount Payment Check 751.00 Transaction Amount: 751.00 City of Carlsba state of California—Natural Resources Agency CALIFORNIADEPARTMENTOF FISH AND WILDLIFE 2015 ENyiRONMENTAL FILING FEE CASH RECEIPT JUL 3 0 2015 SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY Planning nivlsion RECEIPT* SD2015 0668 STATE CLEARING HOUSE #(lfapplicable) LEADAGENCY CITY OF CARLSBAD DATE 7/27/2015 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20150668* PROJECTTITLE SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINASPARKING EXPANSION PROJECTAPPLICANT NAME PHONENUMBER MIKE HOWES 760-929-2288 PROJECTAPPLICANT ADDRESS CITY STATE ZIPCODE 2888 LOKER AVENUE EAST, SUITE 217 CARLSBAD CA 92010 PROJECT APPLICANT (Check appropriate box): Q Local PublicAgency Q School District Q Other Special District Q State Agency S Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report (EIR) • Negative Declaration (ND)(MND) Q Application Fee Water Diversion (Sfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs (CRP) 21 County Administrative Fee Q Project that is exempt from fees (2 Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit El Check • Other $3,069.75 $ $2,210.00 $ , $850.00 $ $1,043.75 $ $50.00 $ $50.00 TOTALRECEIVED $ $50.00 SIGNATURE X TITLE Deputy lllllllllllllilllllllilllllllllllllllllllllll ORIGINAL - PROJECT APPUCANT COPY-CDFW/ASB COPY-LEADAGENCY COPY-COUNTY CLERK FG763.6a (Rev 11/12) NOTICE OF EXEMPTION IF D [L [1 © To: SDCountyClerk From: CITYOFCARLSBAD Kmest .1 Dronenburg. Jr. Recorder Coumv Cl. Attn: James Scott Planning Division 1600 Pacific Highway, Suite 260 1635 FaradayAvenue JUL 27 2015 POBox 121750 Carlsbad, CA 92008 •^yla/ffA San Diego, CA 92101 (760) 602-4600 BY f7- irf<i^0^^ DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: SDP 15-04/CDP 15-08/AV 15-02 - Avenida Encinas Parking Expansion Project Location - Specific: 5999 Avenida Encinas, Carlsbad, CA 92008 Project Location - City: Carlsbad Project Location - County: San Dieeo Description of Project: The addition of 22 parking spaces on the existing site. A minor variance is required to allow a retaining wall and parking spaces to encroach into the required setback from Avenida Encinas. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Citv of Carlsbad Name of Applicant: Mike Howes Applicant's Address: 2888 Loker Avenue East. Suite 217, Carlsbad. CA 92010 Applicant's Telephone Number: (760) 929-2288 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); O Categorical Exemption - State type and section number: O Statutory Exemptions - State code number: 13 General rule (Section 15061(b)(3)) Reasons why project is exempt: It can be seen with certainty that there is no possibility that the retaining wall to accommodate additional parking spaces on an already developed site will have a significant effect on the environment. Lead Agency Contact Person: Chris Garcia Telephone: (760) 602-4622 DON NEU, City Planner Date ... FILED IN THE OFFICE OF THE COUNTY CLERK Date received for filing at OPR: San Diego County on PostecJ JOl ?7 2015 Rernovel Retumed to agency on Deputy r?. Z/(Z^^^^ Revised 05/13 J^nest J. Dronenburg, JH COUNTYOFSANDIEGO ASSESSOR/RECORDER/COUNTY CLERK fS m ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * SanDiego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 345641220150727 Deputy: BZEPEDA Location: COUNTY ADMINISTRATION BUILDING 27-Jul-2015 10:38 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Refit 0668 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor. Parcel Maps Property Characteristics Recorded Documents FILL Ccityof Carlsbad NOTICE OF A MINOR SITE DEVELOPMENT PLAN, MINOR COASTAL DEVELOPMENT PERMIT, AND MINOR VARIANCE DATE: April 16, 2015 APPLICATION NUMBER AND NAME: SDP 15-04/CDP 15-08/AV 15-02 - Avenida Encinas Parking Expansion PROJECT DESCRIPTION: The addition of 23 parking spaces on the existing site. A minor variance is required to allow a retaining wall and parking spaces to encroach into the required setback from Avenida Encinas. LOCATION: 5999 Avenida Encinas, Carlsbad, CA 92008 APN: 210-170-14-00 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will onlv be held upon written request, within 10 calendar davs from the date of this notice. Failure to request a hearing may result in loss ofthe ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Citv Planner will determine this application 10 calendar davs after the date of this notice if no public hearing is requested. Written requests for a public hearing 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 Chris Garcia, at the City of Carlsbad Planning Division, (760) 602-4622, 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 Easy Peer Labels Use Avery® Template 5160®/8160™ OCCUPANT 5999 AVENIDA ENCINAS# 100 CARLSBAD CA 92008 • Feed Paper Bend along line to expose Pop-up Edge''" OCCUPANT 5999 AVENIDA ENCINAS# 150 CARLSBAD CA 92008 _ AVERY® 6240™ — I OCCUPANT 5993 AVENIDA ENCINAS# 100 CARLSBAD CA 92008 OCCUPANT 5993 AVENIDA ENCINAS# 101 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 101 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 140 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 200 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 202 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 206 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 208 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 210 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 214 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 218 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 220 CARLSBAD CA 92008 OCCUPANT 5973 AVENIDA ENCINAS# 300 CARLSBAD CA 92008 OCCUPANT 5850 AVENIDA ENCINAS CARLSBAD CA 92008 1.otice has been mailed to property owners/occupants iisted herein.. , Date: V//(i>/^/r Signature:, Etiquettes faciles a peler | Utilisez le gabarit AVERY® 5160®/8160'"'^ ] A Sens de chargement Repiiez a la hachure afin de | reveler le rebord'Pop-up'*'^ j www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Av.ery® Template 5160®/8160™ PACIFIC VIEW PLAZA INVESTORS LP 1201 DOVE ST #650 NEWPORT BEACH CA 92660 Bend along line to expose Pop-up Edge''" CARLSBAD POINT CORP POBOX 178870 SAN DIEGO CA 92177 AVERY® 6240™ I i GLS LLC 11999 SAN VICENTE BLVD #335 LOS ANGELES CA 90049 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 WAVE CREST RESORTS III L L C 829 2NDST#A ENCINITAS CA 92024 CITY OF CARLSBAD 1200 CARLSBADAmXT^E DR CARLSBAETCA 92008 PAUL ECKE 1351 DISTRIBUTION WAY #10 VISTA CA 92081 PALOMAR & CO 5850 AVENIDA ENCINAS CARLSBAD CA 92008 AVENIDA ENCINAS LP 2000 MCKINNEY AVE# 1000 DALLAS TX 75201 SNYDER LEASING 13502 E VIRGINIA AVE BALDWIN PARK CA 91706 PALOMAR & CO P O BOX 22845 OKLAHOMA CITY OK 73123 Etiquettes faciles a peler | Utilisez le gabarit AVERY® 5160®/8160'«^ { Sens de charaement Repiiez a la hachure afin de I reveler le rebord" Pop-up"' i www.avery.com 1-800-GO-AVERY ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ^^^^ J^/CMA^UICG^M^ - /^L^T//^/^^^^ DATE: •? //6> // f RECEIVED BY DATE CITY OF ^ CARLSBAD Memorandum June 30, 2015 To: Chris Garcia, Planning From: Steve Bobbett, Land Development Engineering SUBJECT: SDP 15-04 / CDP 15-08 / AV 15-02: 2nd ENGINEERING REVIEW OF AVENIDA ENCINAS PARKING EXPANSION. Land Development Engineering (LDE) division staff has completed 2nd review ofthe submittal package for this project. Based on our review, the project deemed complete. LDE has nor remaining comments or issues. Please allow sufficient time for preparation of LDE conditions of approval for inclusion in the approval letter or resolution. If you have any questions, please call me at 602-2747. Attachments c: Jason Geldert, City Engineer Engineering Project File CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: JUNE 11, 2015 PROJEa NO(S): SDP 15-04 REVIEW NO: 2 PROJEa TITLE: AVENIDA ENCINAS PARKING EXPANSION APPLICANT: HOWES WELLER & ASSOCIATES TO: ^ Land Development Engineering - S. Bobbett [~] Police Department-J. Sasway Fire Department - Greg Ryan ^ Building Division-V^ill Foss 0 Parks & Recreation (Parks/Trails) - Liz Ketabian r~l Parks & Recreation (Trees & Medians) - Kyle Lancaster n Public Works Department (Streets) r~l Public Works Department (Traffic) - John Kim 1 I Public Works Department (Design) - David Ahles r~l SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 • Public Works (Storm Drain) - Clayton Dobbs I I Public Works (Wastewater) - Don Wasko n Public Works (Water)-Eric Sanders • Water/Sewer District ^ Landscape Plancheck Consultant - PELA • School District l~1 North County Transit District - Planning Dept. r~| Sempra Energy - Land Management n Caltrans (Send anything adjacent to I-S) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION/GARCIA Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, bv 7/2/15. If you have "No Comments," please so state. Ifvou 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: lio a?r//hMy Signature Date PLANS ATTACHED Review & Comment 8/14 CITY OF CARLSBAD REVIEW AND COMMENT MEMO 'ALWAYS SEND EXHIBITS DATE: MARCH 19. 2015 PROJEa NO(S): SDP 15-04/CDP 15-08/AV 15-02 REVIEW NO: 1 PROJEa TITLE: AVENIDA ENCINAS PARKING EXPANSION APPLICANT: MIKE HOWES 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 FROM: PLANNING DIVISION I H^''^ • Public Works (Storm Drain) - Clayton Dobbs Q Public Works (Wastewater) - Don Wasko Q Public Works (Water)-Eric Sanders r~l Water/Sewer District r~| Landscape Plancheck Consultant - PELA • School District O North County Transit District - Planning Dept. n Sempra Energy - Land Management O 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 Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 4/9/15. If you have "No Comments," please so state. If vou 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: Signa Date PU\NS ATTACHED Review & Comment 8/14 April 17,2015 TO: Chris Garcia, Junior Planner Don Neu, Planning Director Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Cecelia Fernandez, Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - Review Avenida Encinas Parking Expansion, SDP 15-04 Avenida Encinas MELA file: 582 - Avenida Encinas Parking Expansion - Conl Contact: Howes Weiler & Associates Architect: Smith Consulting Architects, Phone: (858) 793-4777 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Plans shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect, or other qualified professional licensed by the state to do this work. Please provide an appropriate license stamp on the landscape plans. 2. Please show and label all property lines, right-of-ways, easements, utilities and any drainage elements on the landscape plans. Please also show the street curb and sidewalk. 3. Please provide plans at a standard scale. Provide a bar scale and indicate the scale on the plans. Insure the scale is legible. 4. Please provide a plant palette. The planting palette shall include the following: a) Common and botanical plant names. b) Tree types and quantities. c) Shrub types and spacing with general layout. d) Ground cover types and spacing. 5. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. Please show and label any shrubs proposed to remain or be removed. Clarify if the parkway turf is to remain or be removed. 6. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view of the project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners" association (HOA), City, etc). 7. Please label the street with the street name. 8. Please provide a copy of any civil grading plans for the project with the next submittal for cross checking. Avenida Encinas Parking Expansion April 17, 2015 Conceptual Plan Review Page 2 9. Incorporate native and drought tolerant plant materials whenever possible. 10. The Landscape Manual indicates that landscape plans are to feature groimd cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. A retaining wall with heights of up to 12' is proposed. Please provide wall vines (ie. Fig Vine, Cat's Claw, etc.) at the base of the wall at 20' on center maximimi spacing (provide vine pockets as appropriate) and include cascading type plantings (i.e. Rosemary) at the top of wall to cascade over and down to soften/screen the wall. 11. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. Trees shall be selected from the approved tree replacement list identified in Chapter 6 of the Carlsbad Community Forest Management Plan, unless approved otherwise. Street trees shall be located outside of sight distance areas and a minimum of three (3) feet outside the public right of way. 12. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please address. 13. Please identify plantings in all landscape areas. 14. Parking areas shall be screened from adjacent property or streets through the use of planting or any combination of planting, mounding, and decorative walls. Screening elements shall have a total height of at least three (3) feet. Please address. Insure appropriate screening shrubs are provided. Identify all proposed shrubs. 15. A minimum of 3% of the parking area shall be landscaped. The "parking area" includes all parking spaces and drive aisles. The plantings shall be contained in planting areas with a minimum dimension of 4' and bounded by a concrete or masonry curb of a minimum of 6" in height. The plantings shall be located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. Please provide a calculation proving the percentage of landscape area provided in the parking area. 16. If landscaped "finger" islands are provided between parking spaces, they shall be designed with a minimum outside width of seven (7) feet and a minimum landscape width of four (4) feet (see Figure 3-D of the Landscape Manual for examples). 17. Please indicate the total landscape square footage to be added and refurbished. If 2,500 square feet or more, provide a water conservation plan to include the following: a. Indicate the existing and/or future recycled water systems. b. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. c. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. d. Written description of water conservation features including addressing xeriscape principles (see Appendix A of the Landscape Manual) within the project. e. Hydrozone diagram: Include one "hydrozone diagram" which identifies grouping of plants within the individual hydrozones (high, moderate, low, very low or special landscape areas) and which indicates the square footage and irrigation method of each area. Avenida Encinas Parking Expansion April 17, 2015 Conceptual Plan Review Page 3 f. Separate water service for landscaping (including, but not limited to connections, water meters, and back flow preventers) shall be provided for all commercial/industrial projects, golf courses, parks, and residential common areas in projects over four (4) dwelling units. g. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. h. Concept plans shall include calculations which document the maximum allowed annual water use for the landscaped area or maximum applied water allowance (MAWA) and estimated total water use (ETWU). A landscape project shall not exceed the MAWA. The MAWA for a landscape project shall be determined by the following calculation as defined in the City ordinance: MAWA = (ETo)(0.62)[(0.7 X LA) + (0.3 x SLA)]. The ETWU shall be determined by the following calculation as defined in the Landscape Manual: ETWU = (ETo)(0.62) IE Please provide calculations and worksheets on city forms as found in the Landscape Manual. In addition to the calculations, include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the city of Carlsbad's landscape manual and water efficient landscape regulations. I have prepared this plan in compliance with those regulations and the landscape manual and agree to comply with all requirements when submitting construction documents. I certify that the plan implements those regulations to provide efficient use of water." 18. Please add the following notes to the plans and address all requirements on the plans: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). Avenida Encinas Parking Expansion April 17, 2015 Conceptual Plan Review Page 4 c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes -6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 19. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. CITY OF ^ CARLSBAD Memorandum March 30, 2015 To: Christer Westman, Planning From: Steve Bobbett, Land Development Engineering SUBJECT: SDP 15-04 / CDP 15-08 / AV 15-02: 1« ENGINEERING REVIEW OF AVENIDA ENCINAS PARKING EXPANSION. Land Development Engineering division staff has completed 1^^ review ofthe submittal package for this project. Based on our review, the application is missing pertinent information for staff to perform a complete review of the project and is therefore deemed complete. Below, we have provided a list engineering issues. Prior to resubmittal, please have the applicant address the 'engineering issues': Engineering Issues 1. On sheet TSI show the parcel line between Parcel A and Parcel B of PM 15906 and label each Parcel A and B. 2. On sheet ASI indicate that the retaining wall section is conceptual or schematic. Structural wall calculations will be required to be submitted. 3. Show the location of the existing storm drain referred to in the retaining wall section. 4. Schedule B of the Commitment for Title Insurance issued by Fidelity National Title Insurance Company dated March 15, 2005 refers to numerous easement to public utilities. Plot the location ofthe easements or, add a statement to the site plan that no easement of record is affected bythe proposed construction. The following comments will be addressed with the submittal of construction drawings. 5. A review of the plans indicates that a grading permit will be required. Structural wall calculations will be required to be submitted. 1. The grading and reconfiguration of the parking area should be shown as a revision or addition to an existing drawing or another grading plan drawing may be required. 2. A Stormwater Standards Questionnaire should be submitted with the grading plan submittal. If you have any questions, please call me at 602-2747. SDP 15-01 Robertson Ranch West Recreation Building March 20, 2015 Page 2 of 2 Attachments Jason Geldert, City Engineer Engineering Project File • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: MARCH 19. 2015 PROJEa NO(S): PROJEa TITLE: APPLICANT: SDP 15-04/CDP 15-08/AV 15-02 REVIEW NO: 1 PROJEa NO(S): PROJEa TITLE: APPLICANT: AVENIDA ENCINAS PARKING EXPANSION PROJEa NO(S): PROJEa TITLE: APPLICANT: MIKE HOWES PROJEa NO(S): PROJEa TITLE: APPLICANT: TO: • • • • • • • Land Development Engineering Police Department-J. Sasway Fire Department - Greg Ryan Building Division - Will Foss Parks & Recreation (Parks/Trails) - Liz Ketabian Parks 8i 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 FROM: PLANNING DIVISION jlo(SVC^ • Public Works (Storm Drain) - Clayton Dobbs Q Public Works (Wastewater) - Don Wasko 0 Public Works (Water)-Eric Sanders 1 I Water/Sewer District r~1 Landscape Plancheck Consultant - PELA • School District 0 North County Transit District - Planning Dept. 1 I Sempra Energy - Land Management Q 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 Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 4/9/15. If you have "No Comments," please so state. If vou 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. coMME°NTs- -ixQ^^m Atc^'^vr P^^G fM. CSC. //5 Signature Date PLANS ATTACHED Review & Comment 8/14 •^'Lt Carlsbad July 14, 2015 Mike Howes Suite 217 2888 Loker Avenue East Carlsbad, CA 92010 SUBJEa: SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINAS PARKING EXPANSION - Request for approval of a Minor Site Development Plan, Minor Coastal Development Permit and Minor Variance (SDP 15-04/CDP 15-08/AV 15-02) for the addition of 22 parking spaces to an existing parking lot. The subject property is located at 5999 Avenida Encinas, in the Planned Industrial (P-M-Q) Zone and Local Facilities Management Zone 3. Dear Mr. Howes, The City Planner has completed a review of your application for a Minor Site Development Plan, Coastal Development Permit and Minor Variance (SDP 15-04/CDP 15-08/AV 15-02) located at 5999 Avenida Encinas. A notice was sent to property owners within a 300 foot radius and occupants within 100 foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on April 27, 2015). After careful consideration ofthe circumstances surrounding this request, the City Planner has determined that the project is consistent with Section 21.06.070 of the City of Carlsbad Municipal Code, applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and the four findings required for granting a Minor Variance can be made. The City Planner, therefore, APPROVES this request based upon the following and subject to the conditions listed below. SDP 15-01 Findings: 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the minor site modifications comply with the requirements of Title 21 and the development standards and design criteria forthe P-M zone (Chapter 21.34 of the CMC) with the approval of a Minor Variance as discussed below in the findings for AV 15-02. The proposed site modifications to the existing industrial/office development use are consistent with the Planned Industrial General Plan Land Use designation. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov SDP 15-04/CDP 15-08/AV 15^-AVENIDA ENCINAS PARKING EXPANSION* July 14, 2015 i 11 '^""l Page 2 ^1 I j will not adversely impact the site, surroundings or traffic circulation; in that the addition of a retaining wall to add additional parking spaces to an existing industrial/office project with a Planned Industrial General Plan Land Use designation is compatible with existing industrial/office projects that are located throughout the area. Furthermore, the existing warehouse/office project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use Is located in that, the warehouse/office project is a use permitted within the P-M zone and is compatible with the warehouse/office projects to the north and south. The existing warehouse/office building is not changing in size and is properly related to the site surroundings and environmental settings in that the project complies with all development standards of the P-M zone with the approval of Minor Variance AV 15-02 and will result in no environmental Impacts. The existing surrounding streets are fully improved have adequate capacity to accommodate Average Daily Trips (ADT) generated by the project. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the existing project complies with all applicable development standards of the Planned Industrial Zone (P-M), including setbacks, building coverage, landscaping requirements, surface parking, employee eating areas, and height restrictions. The addition of a retaining wall to accommodate some of the additional parking spaces is subject to the approval of Minor Variance AV 15-02 for a reduced setback. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that the addition of a retaining wall to accommodate the addition of more parking spaces will be approved by Minor Variance AV 15-02 and subject to the finding which are discussed further beiow. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the existing surrounding streets are fully improved and have adequate capacity to accommodate Average Daily Trips (ADT) generated by the existing project. 6. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 ofthe Carlsbad Municipal Code. CDP 15-08 7. That the total cost of the proposed development is less than $60,000. 8. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 9. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 5^-SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINAS PARKING EXPANSION July 14, 2015 Page 3 10. The proposed development will have no adverse effect on coastal resources, in that the location of the property is not immediately adjacent to any body of water and the lot is already disturbed and developed with an office/industrial building and parking lot. 11. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is consistent with the Mello II Segment of the Certified Local Coastal Program in that the proposed retaining wall for an existing office/industrial project is not precluded in the Planned Industrial (PI) land use designation identified on the Local Coastal Plan land use plan; no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite and the proposed retaining wall will not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the beauty of the coastal zone. 12. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. AV 15-02 13. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the northwest corner ofthe site is below the elevation ofthe adjacent roadways at the intersection of Palomar Airport Road and Avenida Encinas. The topography at this portion of the site blocks the view of any parking provided at this portion of the site from the public right- of-way. Parking within 15 feet of the property line is no more visible than parking within 30 feet of the property line. There are no other sites along this section of Avenida Encinas which are located below the grade of Avenida Encinas. 14. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that the proposed parking along this portion of the site would be blocked from public view by the existing topography since the parking would be located below the adjacent grade. All other sites along this section of Avenida Encinas are at grade with the adjacent roadway. Granting a minor variance at this site would not make the parking any more visible than it currently from the public right-of-way is due to the topography of the site. If parking was permitted in the front yard setback of other properties along Avenida Encinas, that parking would be more visible from the public right-of-way. 15. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the Planned Industrial (P-M) zone permits office uses on the site which includes parking areas for the use on-site. The proposed Minor Variance to allow for more parking would encourage high end office users to locate on the subject property. 16. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that granting the Minor Variance would not allow a use that is SDP 15-04/CDP 15-08/AV 15-^^ AVENIDA ENCINAS PARKING EXPANSION* July 14, 2015 Page 4 not currently permitted by either the General Plan, Zoning, or the Mello II Segment of the Local Coastal Program. 17. In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that granting the Minor Variance would not allow a use that is not currently permitted in the Mello II Segment of the Local Coastal program and would encourage office uses to locate at the site which are currently permitted uses. In addition, the site is already developed and the proposed project will not impact any protected coastal resources. General 18. That the City Planner has determined that the 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 it is therefore exempt from the requirement for the preparation of environmental documents pursuant to Section 15061(b)(3) ofthe state CEQA Guidelines. In making this determination, the City Planner has found that the activity is covered by the general rule, where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. 19. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 20. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1. Approval is granted for SDP 15-04/CDP 15-08/AV 15-02 as shown on Exhibits "A" - "E" dated July 14, 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 overtime, 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 Minor Site Development Plan, Minor Coastal Development Permit and Minor Variance. SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINAS PARKING EXPANSION July 14, 2015 Page 5 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan, Minor Coastal Development Permit and Minor Variance 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. Devefoper shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. 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 Minor Site Development Plan, Minor Coastal Development Permit and Minor Variance, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. SDP 15-04/CDP 15-08/AV 15-OZ-AVENIDA ENCINAS PARKING EXPANSION July 14, 2015 Page 6 10. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 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. m 12. 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. 13. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction to be filed in the office ofthe County Recorder, subject to the satisfaction ofthe City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan, Minor Coastal Development Permit and Minor Variance on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 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 Developer or successor in interest. Engineering: 12. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 13. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 14. Based upon a review ofthe proposed grading shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Code Reminders: 15. 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. 16. Prior to hauling dirt or construction materials to or from any proposed construction site within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINAS PARKING EXPANSION July 14, 2015 Page 7 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 iimitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00 plus notice fees. 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 Chris Garcia at (760) 602-4622. Sincerely, DON NEU City Planner DN:CG:fn c: Van Lynch, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry DMS HowestAteiler & Associates LAND USE PLANNING AND CONSULTATION July 9, 2015 Chris Garcia City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: 90-Day Application Extension - Avenida Encinas Paridng Expansio - SDP/15- 04/CDP 15-08/AV 15/02 Dear Mr. Garcia: Please accept this letter as my written request for a 90-day extension of time to administratively approve the Avenida Encinas Parking Expansion SDP 15-04/CDP 15-08/AV 15- 02, consistent with State Permit Streamlining Act (California Government Code Section 65950). Please let me know if you need any additional information to authorize this extension. Sincerely, Mike Howes, AlCP RECEIVED JUL 0 9 2015 r.TY Of CARLSBAD PLANNING DIVISION 2888 Lol<er Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanninq.com 760.929.2288 HowesWeiler &Associates LAND USE PLANNING AND CONSULTATION July 8, 2015 Chris Garcia Junior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 SUBJECT: Avenida Encinas Parking Expansion - SDP 15-04/CDP 1S-08/AV15-02 Third Submittal Dear Chris: Thank you for completing your review of the Avenida Encinas Parking Expansion re-submittal dated June 8, 2015. The City's comments in bold type below: Planning My only comment from Planning is that I count 136 spaces on parcel A and 227 total. 135/226 is listed in the table. Please confirm and correct if necessary. The Site Plan parking count table has been corrected to show 136 spaces on Parcel A, and 227 total spaces, per your email dated June 22, 2015. Engineering. Fire and Building Per phone message on July 1, 2015, "Engineering, fire and building have no comments". We have attached our response letter to Michael Elliott, City of Carlsbad's Landscape Architect. We believe that the responses in these letters along the revised exhibits address all the comments received by the City regarding the Avenida Encinas Parking Expansion. If you have any questions, please feel free to contact me at your earliest convenience. RECEIVED Sincerely, JUL 0 8 2015 MAJ^^ 7^.^^ ! T t' L, r CARLSBAD PLANNING DIVISION Mike Howes, AlCP Cc: Brig Black, Lincoln Properties 2888 Loker Avenue East, Suite 217, Carlsbod, CA 92010 www.tiwplannlnq.com 760.929.2288 HowesWeiier, &AssoGiates LAND USE PLANNING AND CONSULTATION fl> ^ f°^- P~" K'f, irfm 'UN 0 9 2015 PLMI.,V„JG DiViSlO,. June 9, 2015 i; '' ^ ^-'»- ^L8BA^'^ Chris Garcia Assistant Planner CityofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 SUBJECT: Avenida Encinas Parking Expansion - SDP 15-04/CDP 15-08/AV 15-02 Dear Chris: Thank you for completing your review of the Avenida Encinas Parking Expansion project. Since the first submittal, the Avenida Encinas Parking Expansion project has been modified as follows: 1. The number of proposed parking spaces located adjacent to Avenida Encinas has been reduced from the previously proposed 23 standard parking spaces to down to 14 standard parking spaces, and 2. The retaining wall height has been reduced fi"om a maximum height of 12 feet on the previous plans to a maximum height of 8 feet. This letter is prepared in response to your comment letter dated April 16,2015. Our responses are provided in italics below. Issues of Concern Planning; 1. Please add the project numbers to the top right comer ofthe plans: SDP 15- 04/CDP 15-08/AV 15-02. The project numbers, SDP 15-04/CDP 15-08/AV 15-02, have been added to the top right corner of all plans. 2. Please provide an existing and proposed parking plan. The existing parking is different than what is shown on the plan. The existing and proposed parking plans are shown on Sheet TSI. The plans have been corrected to show the existing parking. 2888 Loker Avenue East. Suite 217, Carlsbod, CA 92010 www.hwplannina.com 760.929.2288 HowesWeiier &Associates LAND USE PLANNING AND CONSULTATION Some differences include: a. Total number of striped parking spaces are more than what is on site today. Previously the plans showed a total of228 existing parking spaces. The plans have been revised to show the accurate number of existing parking spaces on-site of204. Please refer to the table below for the breakdown of the existing and proposed number and type of parking spaces. PwlKindf tOTAL PmUng standard 137 8 14 159 Compact 59 0 0 59 Accessible 8 0 0 8 TOTAL 204 8 14 226 *These parking spaces, located on the west side of the property in the existing parking on Parcel A, were on original parking plan. They were removed by the property owner, and are being re-established. b. Some handicap parking spaces or loading zones are located in different areas. The existing location of handicapped parking spaces and loading zones have been revised on the Sheet TSI to show the correct existing locations. c. A trash enclosure is not shown on the west side of the property. Trash enclosure on west side of property is now shown on Sheet TSI. d. A raised sewer manhole is located in the middle of a parking space to the south of the trash enclosure and therefore not usable. 2888 Loker Avenue East, Suite 217, Carlsbod, CA 92010 www.hwplanninq.com 760.929.2288 HowesVlteilep fiAssoGlates LAND USE PLANNING AND CONSULTATION The plans have been revised to remove parking space to the south of the trash enclosure from the parking space count, and added the raised sewer manhole as shown on Sheet TSI. e. Twelve compact spaces are not shown that currently exist on the north side of 5993 Avenida Encinas. The existing twelve compact spaces on the north side of5993 Avenida Encinas are now shown on Sheet TSI. f A total of 204 striped parking spaces were observed on the site. The plan shows 228 existing parking spaces. Plans have been revised to show the actual number of existing parking spaces, 204, as shown on Sheet TSI (See Table on previous page). 3. On sheet TSI show the parcel line between Parcel A and Parcel B of PM 15906 and label each Parcel A and B. Sheet TSI has been revised to show and label parcel line between Parcel A and Parcel B of PM 15906. 4. Please breakdown the number of parking spaces on Parcel A and B. Plans have been revised to show 113 existing parking spaces on Parcel A and 91 parking spaces on Parcel B. The proposed project will add an additional 14 spaces along Avenida Encinas, and 8 included as part of the original existing parking on the west side of the existing parking lot are being re-established, bringing the total on Parcel A of 135 spaces. 5. Please show the distance between the proposed wall and the property line. Distance between proposed wall and the property line, 24'-8" feet, is shown on revised plan TSI. 6. Please show the parking spaces sizes of the proposed 23 parking spots. The size of the proposed 14 parking spaces are as follows: The eight (8) right angle parking spaces are 20' x 8'-6", and the six (6) parallel parking spaces are 24' x 8", as shown on Sheet ASI. 7. Please change the parking space count from '^8" to "6" for the proposed new parking spaces at the north end. 2888 Loker Avenue East, Suite 217, Corlsbad. CA 92010 www.hwplanninq.com 760.929.2288 ^ HowesWeHep. ^ fiAssociates LAND USE PLANNING AND CONSULTATION Parking space count has been changedfi'om "8" to "6" for the proposed new parking spaces at the north end, as shown on revised plans. Engineering 1. On sheet ASI indicate that the retaining wall section is conceptual or schematic. Structural wall calculations will be required to be submitted. Sheet AS2 has been revised to with a note added stating that the retaining wall drawing is conceptual. Structural wall calculations are shown on Sheet AS-1. Show the location of the existing storm drain referred to in the retaining wall section. The existing storm drain was not shown on the original plans; to be determined. 2. Schedule B of the Commitment for Title Insurance issued by Fidelity National Title Insurance Company dated March 15,2005 (March 5, 2015) refers to numerous easement(s) to public utilities. Plot the location ofthe easements or, add a statement to the site plan that no easement of record is affected by the proposed construction. A note has been added to Sheet TSI that the "no easement of record is affected by the proposed project". The following comments will be addressed with the submittal of construction drawings. 3. A review of the plans indicates that a grading permit will be required. Structural wall calculations will be required to be submitted. A grading permit will be submitted with the required structural wall calculations. 4. The grading and reconfiguration ofthe parking area should be shown as a revision or addition to an existing drawing or another grading plan may be required. This information to be included with submittal of grading plans. 5. A Stormwater Standards Questionnaire should be submitted with the grading plan submittal. A Stormwater Standards Questionnaire will be submitted with the grading plans submittal as requested. 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanninq.com 760.929.2288 ^ HowesWeiier. ftAssociates LAND USE PLANNING AND CONSULTATION Building: 1. Provide disabled accessible parking per Califomia Building Code Section IIB. Disabled accessible parking per California Building Code Section UB has been provided as noted on Sheet TSI We believe that the responses in this letter along with the revised exhibits address all of the comments in your letter dated April 16, 2015. Thank you again for your assistance on this project. If you have any questions, please feel free to contact me at your earliest convenience. Sincerely, Mike Howes, AlCP Cc: Brig Black, Lincoln Properties 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanninq.com 760.929.2288 Fill Ccityof Carlsbad May 14, 2015 Mike Howes Suite 217 2888 Loker Avenue East Carlsbad, CA 92010 SUBJEa: SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINAS PARKING EXPANSION - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPUCABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination; This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to the "General Rule", State CEQA Guidelines Section 15061(b)(3). 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 July 14, 2015. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by July 1, 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 Chris Garcia at (760) 602-4622 or by email at chris.garcia(5)carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CG;fn c: Van Lynch, Senior Planner Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601 760-602-8560 f | www.carlsbadca.gov MaM«^iiaij;ir- FILE Ccityof Carlsbad April 16, 2015 Mike Howes 2888 Loker Avenue East, Suite 217 Carlsbad, CA 92010 SUBJECT: 1ST REVIEW FOR SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINAS PARKING EXPANSION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your minor Site Development Plan, minor Coastal Development Permit, and Minor Variance, applications no. SDP 15-04/CDP 15-08/AV 15-02, 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 ofthe date of this communication. At this time, the City asks that you provide three (3) complete sets ofthe development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at 760-602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at 760-602-2747 • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661 Sincerely, DON NEU, AlCP City Planner DN:C6:bd Brig Black, c/o Avenida Encinas, LP, 600 B Street, Suite 2480, San Diego, CA 92101 Don Neu, City Planner Steve Bobbett, Project Engineer Van Lynch, Senior Planner File Copy Data Entry Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov SDP 15-04/CDP 15-n«/AV un? -MENIMk ENCINAS PARKING EXPANSION April 16, 2015 Page 2 ISSUES OF CONCERN Planning: 1. Please add the project numbers to the top right corner of the plans: SDP 15-04/CDP 15-08/AV 15-02. 2. Please provide an existing and proposed parking plan. The existing parking is different than what is shown on the plan. Some differences include: a. Total number of striped parking spaces are more than what is on site today. b. Some handicap parking spaces or loading zones are located in different areas. c. A trash enclosure is not shown on the west side of the property. d. A raised sewer manhole is located in the middle of a parking space to the south of the trash enclosure and therefore is not usable. e. Twelve compact spaces are not shown that currently exist on the north side of 5993 Avenida Encinas. f. A total of 204 striped parking spaces were observed on the site. The plan shows 228 existing parking spaces. 3. On sheet TSI show the parcel line between Parcel A and Parcel B of PM 15906 and label each Parcel A and B. 4. Please breakdown the number of parking spaces on Parcel A and B. 5. Please show the distance between the proposed wall and the property line. 6. Please show the parking space sizes of the proposed 23 parking spaces. 7. Please change the parking space count from "8" to "6" for the proposed new parking spaces at the north end. 8. Please add the proposed landscape plan to the next submittal package. Landscaping: 1. Landscape comments to come under separate correspondence. Engineering: 1. On sheet ASI indicate that the retaining wall section is conceptual or schematic. Structural wall calculations will be required to be submitted. 2. Show the location of the existing storm drain referred to in the retaining wall section. 3. Schedule B of the Commitment for Title Insurance issued by Fidelity National Title Insurance Company dated March 15, 2005 refers to numerous easement to public utilities. Plot the location of the easements or, add a statement to the site plan that no easement of record is affected by the proposed construction. The following comments will be addressed with the submittal of construction drawings. SDP 15-04/CDP 15-08/AV 15-02 - AVENIDA ENCINAS PARKING EXPANSION April 16, 2015 Page 3 4. A review of the plans indicates that a grading permit will be required. Structural wall calculations will be required to be submitted. 5. The grading and reconfiguration of the parking area should be shown as a revision or addition to an existing drawing or another grading plan drawing may be required. 6. A Stormwater Standards Questionnaire should be submitted with the grading plan submittal. Building: 1. Provide disabled accessible parking per California Building Code Section IIB. Fire: 1. Fire comments, if any, to come under separate correspondence.