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HomeMy WebLinkAboutCDP 08-19; Hoehn Service Advisors Addition; Coastal Development Permit (CDP)1) D D 0 D D D D D D D D D D 2) 3) • CITY OF CARLSBAD LAND USE REVIEW APPLICATION • APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY) Administrative Permit D Planned Development Permit Administrative Variance D Planned Industrial Permit Coastal Development Permit (minor) CIJPdiot1 D Planning Commission Determination Conditional Use Permit D Precise Development Plan Condominium Permit D Redevelopment Permit Environmental Impact Assessment D Site Development Plan General Plan Amendment D Special Use Permit Habitat Management Plan Permit D Specific Plan D +eRiali••e PaFsel Ma13 Hillside Development Permit Obtain from Engineering Department Local Coastal Program Amendment D Tentative Tract Map Master Plan D Variance Minor Conditional Use Permit D Zone Change Non-Residential Planned Development D List other applications not specified ASSESSOR PARCEL NO(S).: 211-060-19 PROJECT NAME: Hoehn Honda Service Advisors Remodel & Addition 4) BRIEF DESCRIPTION OF PROJECT: Remodel and expansion of the existing service advisors facility at the south-east corner of the main building under the existing service drive roof 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Hoehn Associates same MAILING ADDRESS MAILING ADDRESS flO Box 789 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92018 760-438-4454 EMAIL ADDRESS: EMAIL ADDRESS: I CERTIFY TH ~C OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION~RU N CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE. Ll --SIGNATURey' v r1v' DATE SIGNATURE DATE NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 14 Rev. 03/08 PAGE 1 OF 4 7) ' • BRIE:F LEGAL DESCRIPTION Parcel 2 of Parcel Map 8651 ~~~~~~~~~-------------------------• 8) LOCATION OF PROJECT: 5454 Paseo Del Norte ON THE I East I (NORTH, SOUTH, EAST, WEST) BETWEEN I canon Road (NAME OF STREET) STREET ADDRESS SIDE OF ._I __ P_a_s_eo~D,..,el=-N"'or"t"'e=oc--------' (NAME OF STREET) ANDLI ___ ca_r~Co~u,..,n~tr~y"'D"r"'i~ve~--~ (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. 10) PROPERTY OWNER ACKNOWLEDGE:S AND CONSE:NTS TO A NOTICE OF ~ ~~~~~~!RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE lr.o:~IT/M RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY Form 14 Rev. 03108 ~··-- SEP 0 4 2008 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: PAGE 2 OF4 • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 IIDIIIIIIIIIIIIIIIIIIIIII Dllll Applicant: HOEHN ASSOCIATES RICHARD BOKAL Description Amount CDP08019 838.52 5454 PASEO DEL NORTE CBAD Receipt Number: R0071701 Transaction ID: R0071701 Transaction Date: 09/04/2008 Pay Type Method Description Amount Payment Check 838.52 Transaction Amount: 838.52 City of Carlsbad Faraday Center Faraday Cashiering 001 0824801-1 09/04/2008 32 Thu Sep04,2008 09:33AM PERMITS -PERMITS $838.52 Trar r•br·: 082480101 0010 0010 Tr·;·rc ;,~pt#: R0071701 "'' ' DP08019 IIEM(S): TOTAL: Check (Chk# 016089) Total Received: Have a nice day! $838.52 $838.52 $838.52 • **************CUSTOMER COPY************* AuJ-29-2008 04:03pm From-• • T-486 P.OOZ/003 F-457 Carlsbad I - ~SURE STATEMENT (~or :t• of C8ltllln ~-=Oil al =which~._., _-==-~on f1lt -~the City Caunl:l or__ Board. c ..... ,IIHIOn ar Cot•• Ike. . 'The f~nglltkii111illkoli IBIII be dlldorrl:l at 1he tme ~ appbtliuflldMnllal. YOIIr pniJeCI ca1I10t be nwtu11d un11 ow lnfouuallon Ia oan..,..._._ Aer u llrirl-. · 1. .. "' Aui·Z9·Z009 04:03pm F rem· • • T·49S P.003/003 F·45T 3. NON-PROPIT Oft&ANIZATION OR TRUST lf any pei'IQrl ldenfllled punuant (0 (1) 01" (2) llboYe ill rqpoltQIM!d7• 0 QE I 1ft!!! lilt fie namee n1 .cl..._ of Ma. pe~aon Ul'lll1l aa an Ci1iii1ii or chciDr Of the l'llll.,..afl ~--. Non PnlfftfTi Nan PYd!VI"IUII:,__ ______ _ ~ ~~------------------~ ~~~~-···-------------------- "'· Have rau had men ttwn ~ Wlll1h o1 lwlln••• tr .. aa!Ud IM!h env member o1 a.y .,, Boenle, Conwnllaln, Commllieel anclfar Counl:lwlthi1 Che .,_..._ (12) monlhl? 0 Yea 0 No If yea, pleaee lt1dicln pefiCII'I(a): l)..t:.hs N ow ,J . NOTE: Atlech adcllllaual.._. rneceaaary. -----·-. @:._t~~~~ Q J {)r i ().., :Jji;;; ker . ·-.... -.. -·---- RECENEO SEP I) ~ 1\\(lS CARLSBAD C~;j_~~lt~G oEP1 Plgt2of2 • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Hoehn Honda Service Advisors & Addition APPLICANT NAME: --"H"'oe"'h"'"n'-"'-As"'s"'a"'c"'"ia"'t""e"'-s------------------ 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: The Scope of work includes: Remodeling and expansion of the existing service advisors facility at the south-east corner of the main building. The expansion will be constructed under the existing service drive roof and shall consist of a new storefront system with a stucco wall above, new concrete slab and foundation, extension of the existing mechanical systems, and addition lighting and power to serve the addition. A new lay-in ceiling, new interior partitions, as well as new accessible counters and work stations are inclUded in the scope of work. Existing Title 24 accessible restrooms shall serve the remodel and addition. Reason for expansion: The current configuration of the service advisors facility requires the service advisors to stand with customers at a countertop to log customer information into their computers and fill out appropriate paperwork. The proposed addition will provide new desks (workstations) for these tasks and offer comfort and privacy for customers as well as employees. Project Description 10/96 RECE\VED SEP n 4 'lOllS c~~~~~:6~~~0 Page 1 of 1 . .. . ...... • • HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 0 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. 0 The development project and any alternatives proposed in this application ill contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PRO~ERTY OWNER Name: Hoehn Associates Name:_-"H,oe..,hn,!!l_.!;A~s s~o"-Sci.dil!a.bCt e"-'s'--------- Address: PO Box 789 Address: PO Box 7 8 9 Carlsbad CA 92018 Carlsbad CA 92018 Phone Number: 760-438-4454 Phone Number: 760-438-4454 Address of Site: 5454 Paseo Del Norte, Carlsbad CA 92018 Local Agency (City and County): _ __;c;.::a.:.r=ls:..:b:.::a:.:dc.., ...cs:..:a:.:n:....:..D.:..ie'-'g'-o-Co_u_n_t,_y ______________ _ Assessor's book, page, and parcel number:_.:_2::cll:_:-;.::0:.::;6;;.0.:.;-l::..:9:...._ _____ __: ___________ _ Specify list( s) : _ _.:::_E::.nv;:.;1:.:· r;;;o::;:m;;:;en:::t:::a:.:lc...:_Pr::o:::t:.::e;;;c..:t:::io::n::__::A"-ge::n:::c:.iy_" S:.:u::p:.::e.:.r.:.fu:::n:::d;_"__::l N::a:..:t:.:i.::.on:::a:::l:.....:P.::.r..:i o:::r:..:i:.::t.::.i..:e s:....::L:.:i..:s t:..:l:...._ __ Regulatory Identification Number:_~nL/a~------------------------ Date ofList:_......::n:!../::.a ___________________ .,------------ Applicant Signature/Date AdminiCounteriHaz\Vaste ' .. .. . • • §TION1 ------------------------------------------------------~ NEW DEVELOPMENT PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria: 1. Home~100 units Jn I , i i and Apartments X 2. Residential develovment of 10 units or more. Includes SFD, MFD, Condominium and Apartments X 3. Cgmmercial and industrial develoQ.ment greater than 100,000 sguare feet including Q.arking areas. Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals, X Hotels, Recreational Facilities, Shopping Malls, etc. 4. Heavv Industrial/ lndustrv greater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES) SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539 X 5. A~tomotive reQ.air shoQ.. SIC codes 5013,5014,5541,7532-7534, and 7536-7539 X 6. A New Restaurant where the land area of develoQ.ment is 5,000 sguare feet or more including Q.arking areas. X SIC code 5812 7. Hillside develoQ.ment (1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any X natural slope that is 25% or greater B. Environmentally Sensitive Area IE SAl. Impervious surface of 2,500 square feet or more located within, "directly adjacent"' to (within 200 feet), X or "discharoino directly to"3 receivino water within the ESA 1 9. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff 10. Retail Gasoline Outlets serving more than 100 vehicles Q.er dav Serving more than 100 vehicles per day and greater than 5,000 square feet X 11. Streets, roads, driveways, highways, and freeways. Project would create a new paved surface that is 5,000 square feet or greater. X 12. Coastal DeveloQ.ment Zone. Within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impermeable X surface or (2) increases impermeable surface on orooertv bv more than 1 0%. 1 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 preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the environmentally sensitive area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. Section 1 Results: If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3. If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3. SWMP Rev 6/4/08 ••• . .... • • I SECTION 2 SIGNIFICANT REDEVELOPMENT: YES NO 1. Is the project redeveloping an existing priority project type? (Priority projects X are defined in Section 1) If you answered YES, please proceed to question 2. If you answered NO, then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 2. Is the project solely limited to one of the following: a. Trenching and resurfacing associated with utility work? b. ResurfacinQ and reconfiourino existing surface parkino lots? c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads? d. Replacement of existing damaged pavement? If you answered NO to ALL of the questions, then proceed to Question 3. If you answered YES to ONE OR MORE of the questions then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 3. Will the development create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 feet of the Pacific Ocean and (1)create more than 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 1 0%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY project requirements. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3 below. If you answered NO, you ARE NOT a significant redevelopment, and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. I SECTION 3 Questionnaire Results: [) MY PROJECT MEETS PRIORITY REQUIREMENTS, MUST COMPLY WITH PRIORITY PROJECT STANDARDS AND MUST PREPARE A STORM WATER MANAGEMENT PLAN FOR SUBMITTAL AT TIME OF APPLICATION. Address: MY PROJECT DOES NOT MEET PRIORITY REQUIREMENTS AND MUST ONLY COMPLY WITH STANDARD STORM WATER REQUIREMENTS. Applicant Information and Signature Box Thu Bvxfor City Use Only Assessors Parcel Number(s): City Concurrence: I YES I 5454 PASEO DEL NORTE 211-060-19 J. I Applicant Title: By OWNER Date Date: Project ID NO SWMP Rev 6/4/08 ~-----­ tfP'.~ • CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: • COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR) COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL DEVELOPMENT PERMITS) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. **Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout. A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed 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 I"= 40' .) This supplemental application is to be filed for any development requiring a cB~~~ent Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND SEP 0 4 2008 CITY OF CARLSBAD PLANNING DEPT A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following infonnation to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). Please refer to the current fee schedule for the appropriate $/square foot fee rate. => => => => New Residential Square Footage: square feet x $ /sq. ft. = $ Residential Addition Square Footage: square feet x $ /sq. ft. = $ Any Garage Square Footage: square feet x $ /sq. ft. = $ Residential Conversion Square Footage: square feet x $ /sq. ft. = $ Please contact the City of Carlsbad Building Department for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft.=$ ___________ _ COST OF DEVELOPMENT ESTIMATE: $. __ .r;._t?$_C.S __ -r._~ __ AI __ tf_h_O~/_IH_d_ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Fonn 13 Revised 05/08 Page I of6 • • B. Do you wish to apply for: 1. A Minor Coastal Development Penni! (Under $60,000 cost estimate) l:J 2. A Regular Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 5454 Paseo Del Norte D. Assessor's Parcel Number of proposed development 211-060-19 E. Development Description: Briefly describe project: Remodel and expansion of the existing service advisors facility at the south-east corner of the main building under the existing service drive roof. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: commercial auto dealership South: commercial auto dealership East: commercial auto dealership West: commercial auto dealership G. ls project located within a 1 00-year flood plain? Oves ~ No II. PRESENT USE OF PROPERTY A. B. Are there existing structures on the property? 0ves 0 No lfyes, please describe. Commercial auto dealership: main building {showroom, offices, parts, service advisors}; two service and repair buildings. Will any existing structure be removed/demolished? Oves 0 No lf yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Fonn 13 Revised 05/08 Page 2 of6 ,---------·---- IlL LOT COVERAGE. • A. Existing and Proposed Existing New Proposed Total Building Coverage 31,224 sq. ft. 0 sq. ft. 31,224 sq. ft. Landscaped Area Hardscape Area includes portion of of private street Unimproved Area 17,879 sq. ft. 0 sq. ft. 17,879 sq. ft. 89,200 sq. ft. 0 sq. ft. 89,200 sq. ft. (Left Natural) o sq. ft. B. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading proposed? If yes, please complete the following: 0 sq. ft. 173 0 173 113 7 166 164 2 0Yes#_!"?_ DYes#_ DYes (in I. 2. 3. 4. 5. Amountofcill ___________________ _ Amountoffill _____________________________ ___ Maximum height of fill slope ------------------------- Maximum height of cut slope-------------- Amount of import or export--------------- 0 sq. ft. showroom) cu. yds. cu. yds. feet feet cu. yds. 6. Location of borrow or disposal site------------------- The following materials shall be submitted for each application or for combined applications on a single project. L REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN-Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Regular Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: I. GENERAL INFORMATION Oa. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 05/08 Page 3 of 6 CLTA Preliminary Report.m (Rev. 11/06) Orde-mber: Page Number: First American Title Company Mike Nepomuceno Bokal And Sneed 244 Ninth Street Del Mar, CA 92014-2717 Phone: Fax: Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: 411Ivy Street San Diego, CA 92101 Hoen Associates LLC DIV-3119120 (16) Korey Mulvey I Marie Castillo (619)231-4657 (866)503-3866 title16.snd.sca@firstam.com Hoen Associates LLC 5199 Paseo Del Norte Carlsbad, CA 92008 PRELIMINARY REPORT DIV-3119120 (16) 1 In response to the above referenced application tor a policy of title insurance, this company hereby reports that it Is prepared to issue, or cause to be Issued, as of the date hereof, a Polley or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forttl, insuring against loss which may be sustained by reason of any defect lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Umltations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. limitations on COvered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be reacl. They are available from the office which Issued this report. Please read the e]l(ceptions shown or referTed to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not Jist all liens, deferts, and encumbrances affecting title to the land. First American Title • DIV-3119120 (16) Page Number: 2 This report (and any supplements or amendments hereto) Is issued solely for the purpose of facilitating the issuance of a policy of title insurance and 110 liability Is assumed hereby. If it Is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title • Order Nl,er: Page Number: Dated as of July 31, 2008 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Extended Owners Policy-2006 ALTA Standard Loan Policy -2006 DIV-3119120 (16) 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: HOEHN ASSOCIATES LLC, A CAUFORNIA UMITED UABILTTY COMPANY The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee as to Parcel(s) A, an easement as to Parcel(s) Band C. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2008-2009, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the map filed or recorded November 30, 1972 as Map No. 7492 of Tract Maps For: Drainage and incidental purposes. 4. An easement shown or dedicated on the map filed or recorded November 30, 1972 as Map No. 7492 of Tract Maps For: General, utilities, sidewalks, and landscaping and incidental purposes. 5. An easement shown or dedicated on the map filed or recorded April 20, 1979 as Map No. 8651 of Parcel Maps For: Streets and incidental purposes. First American Title • Order Nlber: Page Number: DIV-3119120 (16) 4 6. Covenants, conditions, restrictions and easements in the document recorded January 24, 1973 as Instrument No. 73-021574 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or applicable state law. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. The terms and provisions contained in the document entitled "Supplemental Declaration of Restrictions" recorded November 14, 1974 as Instrument No. 74-302069 of Official Records. 7. The terms and provisions contained in the document entitled "Non-Partition Agreement" recorded February 16, 1973 as Instrument No. 73-042584 of Official Records. 8. An easement for public utilities and incidental purposes, recorded March 22, 1973 as Instrument No. 73-Q74588 of Official Records. In Favor of: Affects: The Pacific Telephone and Telegraph Company As described therein 9. The terms and provisions contained in the document entitled "Contract for Future Private . -Improvements" recorded April9, 1979 as Instrument No. 79-144273 of Official Records. 10. An option in favor of Feist, Vetter, Knauf and Loy, a general partnership, Trustees, and David Rorick, Jr., Maureen Rorick, and Harry Hargreaves, Trustees as contained in or disclosed by a document recorded February 23, 1981 as Instrument No. 81-054049 of Official Records. 11. The terms and provisions contained in the document entitled "Party Wall Agreement" recorded April 5, 1983 as Instrument No. 83-107207 of Official Records. 12. An easement for driveway and incidental purposes in the document recorded December 31, 2002 as Instrument No. 2002-1208840 of Official Records. Affects: As described therein 13. Any facts, rights, interests or claims which would be disclosed by a correct ALTNACSM survey. 14. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 15. An ALTA/ACSM survey of recent date which complies with the current minimum standard detail requirements for ALTAI ACSM land title surveys. First American Title • • Order Number: DIV-3119120 (16) Page Number: 5 16. With respect to Hoehn Associates, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require First American Title • • Order Number: DN-3119120 (16) Page Number: 6 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. Taxes for proration purposes only for the fiscal year 2007-2008. First Installment: $19,135.07, PAID Second Installment: $19,135.07, PAID Tax Rate Area: 09000 APN: 211·060-19-00 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Land known as 5199 Paseo Del Norte, carlsbad, california, 92008. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 4. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. First American Title • • Order Number: DIV-3119120 (16) WIRE INSTRUCTIONS for Page Number: 7 First American Title Company, Demand/Draft Sub-Escrow Deposits San Diego County, california First American Trust, FSB 5 First American Way Santa Ana, CA 92707 ABA 122241255 Credit to First American Title Company Account No. 2000013101 Reference Title Order Number 3119120 and Title Officer Korey Mulvey/ Marie castillo Please wire the day before recording. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title • Order Ntler: Page Number: LEGAL DESCRIPTION DIV-3119120 (16) 8 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 2, IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, AS SHOWN AT PAGE 8651 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 20, 1979. PARCEL B: A NON-EXCLUSIVE EASEMENT 20.00 FEET IN WIDTH OVER PARCEL 1 IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, AS SHOWN AT PAGE 8651 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 20, 1979, FOR THE OWNER/OCCUPANT OF PARCEL 2, ABOVE DESCRIBED, TO REPAIR AND MAINTAIN ANY WALL OR FENCE HAVING NO. SIDE-YARD SET BACK FROM SAID PARCEL 1 ON THE ENTIRE COMMON BOUNDARY UNE OF SAID PARCELS 1 AND 2, AS SUCH REPAIR OR MAINTENANCE IS REASONABLY NECESSARY AS MORE PARTICULARLY SET OUT IN EXHIBIT "B' ATTACHED HERETO. PARCELC: A NON-EXCLUSIVE APPURTENANT EASEMENT FOR INGRESS AND EGRESS OF THE PUBUC AND THE OWNERS AND OCCUPANTS OF SAID PARCEL 1 OF PARCEL MAP NO. 8651, OVER THAT PORTION OF LOT 8 OF CARLSBAD TRACT NO. 72-3, IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972, DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY UNE OF PASEO DEL NORTE, SAID UNE BEING A CURVE, CONCAVE TO THE EAST WITH A RADIUS OF 957.00 FEET AND THE UNE COMMON TO LOT 7 AND LOT 8, A RADIAL UNE FROM THE CURVE AT THE INTERSECTION POINT BEARING NORTH 54° 10' 14" EAST, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 7 AND THE NORTHWEST CORNER OF LOT 8; THENCE FROM SAID POINT ALONG THE PROPERTY UNE COMMON TO LOTS 7 AND 8 NORTH 67° 30' 38" EAST, 125.45 FEET TO A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET; THENCE ALONG THE LAST CURVE THROUGH AN ANGLE OF 26° 29' 08", 46.23 FEET; THENCE TANGENT TO THE LAST SAID CURVE SOUTH 86° 00' 14" EAST, 283.15 FEET TO THE EASTERLY END OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE SAID COMMON UNE ALONG A CURVE TO THE RIGHT TANGENT TO A UNE BEARING SOUTH 03° 59' 46" WEST WITH A RADIUS OF 45.00 FEET IN A SOUTHERLY AND WESTERLY DIRECTION THROUGH AN ANGLE OF 136° 11' 14" A DISTANCE OF 106.96 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 20.00 FEET; THENCE ALONG THE LAST SAID CURVE THROUGH AN ANGLE OF 46° 11' 14" AND A DISTANCE OF 16.12 FEET; THENCE TANGENT TO THE LAST SAID CURVE NORTH 86° 00' 14" WEST, 191.25 FEET TO A TANGENT CURVE TO THE LEFT, CONCAVE TO THE SOUTH WITH A RADIUS OF 75.00 FEET; THENCE ALONG THE LAST SAID CURVE THROUGH AN ANGLE OF 26° 29' 08" AND A DISTANCE OF 34.67 FEET; THENCE TANGENT TO THE LAST SAID CURVE SOUTH 67° 30' 38" WEST, 92.78 FEET TO A TANGENT CURVE TO THE LEFT, CONCAVE TO THE SOUTHEAST, WITH A RADIUS OF 20.00 FEET; THENCE ALONG THE LAST SAID CURVE First American Title • Order Nlber: Page Number: DIV-3119120 (16) 9 THROUGH AN ANGLE OF 106° 28' 48" A DISTANCE OF 37.17 FEET TO THE EASTERLY UNE OF SAID PLAZA DEL NORTE A UNE RADIAL TO SAID EASTERLY UNE BEARING NORTH 51° 01' 50" EAST; THENCE ALONG SAID EASTERLY UNE IN A NORTHWESTERLY DIRECTION THROUGH AN ANGLE OF 03° 08' 24" A DISTANCE OF 52.45 FEET TO THE POINT OF BEGINNING. RESERVING FROM PARCEL A A NON-EXCLUSIVE EASEMENT APPURTENANT TO PARCEL 1 OF PARCEL MAP NO. 8651, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, FOR INGRESS AND EGRESS OVER THE SOUTHERLY 20.00 FEET OF PARCEL 2 OF SAID MAP AS BEGINS AT THE SOUTHEASTERN CORNER OF PARCEL 2 AND RUNS WESTERLY TO ITS TERMINATION IN THE CUL DE SAC ROAD AS SHOWN ON SAID MAP. AND RESERVING FROM PARCEL A A NON-EXCLUSIVE EASEMENT OVER THE NORTHERLY 20.00 FEET OF SAID PARCEL 2 FOR THE OWNER/OCCUPANT OF PARCEL 1 OF SAID PARCEL MAP NO. 8651 TO REPAIR AND MAINTAIN ANY WALL OR FENCE HAVING NO SIDE-YARD SET BACK FROM SAID PARCEL 2 ON THE ENTIRE COMMON BOUNDARY UNE OF SAID PARCELS 1 AND 2, AS SUCH REPAIR OR MAINTENANCE IS REASONABLY NECESSARY, AS MORE PARTICULARLY SET OUT IN EXHIBIT "C" ATTACHED HERETO. APN: 211-060-19-00 First American Title • DIV-3119120 (16) Page Number: 10 NOTICE Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title • • Order Number: DIV-3119120 (16) Page Number: 11 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (artd the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the publk. records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or enwmbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5 . (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, dalms or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the co'ierage of this policy ar.d the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a} Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the ocwpancy, use, or enjoyment of the land; (II} the character, dimensions or kx:ation of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a dlange In the dimensions or area of the land or any parcel of which the land IS or was a part; or (lv) environmental protection, or the effect of any violation of these laws, ordinances or gq_~meJ'L~_[eQ!.I!atJQns, -~~ to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resutting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polley. (b) Any governmental pollee power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Polley, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Polley, but known to the Insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Polley; or (e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage or for the estate or interest insured by this policy. 4. Unenforceablllty of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Polley, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land Is situated. 5. Invalidity or unenforceablllty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon USUf'f or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest Insured by their policy or the transaction creating the Interest of the Insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. 2-AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibftlng the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or nereaftes erected on the land, or prohibiting a separation in ownersllip or a reduction in the dimenskms of area of the land, or the effect of any violation of any sudllaw, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Polley. 3. Detects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy Of at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting In no loss or damage to the insured claimant; (d) attaching or First American Title • • Order Number: DIV-3119120 (16) Page Number: 12 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or interest Insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Polley and not as an Extended Coverage Polley the exclusiOns set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the rnatters shown in parts one and two following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persoos in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction In the dimensiOns or area of the land, or the effect of any violation of any sudllaw ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of pollee power unless notice of the exercise of such rights appears In the public records at Date of Polley. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Polley or at the date such claimant acquired an estate or Interest Insured by this policy or acquired the lnsured mortgage and not disclosed In writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Polley (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Polley). 4. Unenforceabillty of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land Is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Tltle Association Lenders Policy Is used as a Standard Coverage Polley and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown In parts one and two following: 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey woukl disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or e>'ceptlons in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title • • Order Number: DIV-3119120 (16) Page Number: 13 6. AMERICAN LAND TITlE ASSOCIATION LOAN POLICY • 1991 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The foUowlng matters are expressly excluded from the coverage of this pottcy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, Use, or enjoyment of the land; (II} the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (lv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulationS, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuttlng from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resutt:ing from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded In the public records at Pate of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent Insurance is afforded herein as to assessments for street Improvements under construction or completed at date of policy); or (e) resulting In loss or damage which wouk:l not have been sustained If the insured claimant had paid value tor the Insured mortgage. 4. Unenforceabiltty of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Polley, or the Inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state In which the land Is situated. 5. Invalid tty or unenforceabiltty of the lien of the insured mortgage, or claim thereof, which artses out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. 6. AAy statutory lien for sesvlces, labor or materials {or the claim of priortty of any statutory lien for services, labor or materials over the-lien of the TnSured-fni:>rt:gage) aflslng from an improvement or work related to the land which Is contracted for and commenced subsequent to Date of Polley and Is not financed in whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Polley the insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee Insured by this policy, by -reason of the. operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (i) the transaction aeatlng the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or ( ii) the subordination of the interest of the insured mortgagee as a result of the appltcation of the doctrine of equitable subordination; or (Iii) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITlE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Polley and not as an Extended Coverage Polk:y the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against toss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an InspectiOn of said land or by making Inquiry of persons in possession thereof. 3. Easements, dalms of easement or encumbrances which are not shown by the public records. 4. DiscrepancieS, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, tor services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER•s POLICY-1992 First American Title • • Order Number: DIV-3119120 (16) Page Number: 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: I. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricttng, regulating, prohibiting or relating to (i) the ocrupancy, use, or enjoyment of the Iandi (ii) the character, dlmenskJns or location of any Improvement now or hereafter erected on the land; (Ill) a separatlon In ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or {tv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polley. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Polley which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Polley; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest Insured by this policy. 4. Any claim, which crises out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state insotvency, or similar creditOrS' rights laws, that is based on: (I) the transaction tn!iltlng the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transrer; or (ii) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to ~mely record the Instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LANO TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Polley and not as an Extended Coverage Polley the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I . Taxes or assessments which are not shown as existing liens by the records of any taxing author1ty that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons In possesstoo thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and whJch are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * Improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Polley Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The riqht to take the land by condemninq it, unless: A'rst American Title • • Order Number: DIV-3119120 (16) Page Number: 15 * a notice of exercising the right appears in the public records on the Polley Date *the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. 1ltle Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Polley Date -unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTEcnON OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE • 2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -2008 Covered Risks 16 (Subdivision Law Violation). 18 (Building Penn it). 19 (Zoning) and 21 (Enaoachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, You are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental pollee power, and the existence or violation of those portions of any law or government regulation concerning: 3. 4. a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not limit the coverage described in Covered Risk B.a., 14, 15, 16, 18, 19, 20, 23 or 27. The failure-Of Your existing structures, or any part of them, to be constructed in accordance with applicable buildklg codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. The right to take the Land by condemning it. This Exclusion does not limit the coverage described In Covered Risk 17. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded In the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date· this does not limit the coverage described In Covered Risk 7, B.e., 25, 26, 27 or 28. 5. Failure to pay value for Your litle. 6. Lack of a right: a. to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Uabiltty shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: 'four Deductible Amount Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) OtJr Maximum Dollar Umjt of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08) First American Title • • Order Number: DIV-3119120 (16) Page Number: 16 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. 2. 3. 4. 5. 6. 7. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning} restricting, regulating, prohibiting, or relating to (I} the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (Iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these taws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmet1tal police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resultlng in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulttng in loSS or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceabillty of the lien of the Insured Mortgage because of the Inability or failure of an Insured to compty with applicable doing business laws of the state where the Land is situated. Invalidity or unentorceabllfty In whote or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided In Covered Risk 26. Any claim of Invalidity, unenforceablllty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this poUcy. This Excluslon does not modify or limit the coverage provided in Covered Risk 11. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or llmlt the coverage provided in Covered Risk ll(b) or 25. The_ failure of the resldentlalstructure, or any portion of It, to have been constructed before, on or after Date of Polley In accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attomeys' fees, or expenses that arise by reasor1 of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy·, use, or enjoyment of the Land; (II) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmerltal pollee power. This Exclusion 1(b) does not modffy or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to tt'le Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no lOSS or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Polley (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land Is situated. 5. Invalidity or unentorceabllity In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protectk>n or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction creating the lien of the Insured Mortgage, is First American Title • • Order Number: DIV-3119120 (16) Page Number: 17 (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Trtle for real estate taxes or assessments Imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l!(b ). 14. AMERICAN LAND nTLE ASSOClAnON LOAN POLICY -2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Polley and not as an Extended Coverage Policy the exclusions set forth In paragraph 13 above are used and the fol\owlng exceptions to tO\!erage appear In the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceecllngs, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Publk: Records but that could be ascertained by an inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservatiOns or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or {c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWN£R'S POLICY -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected on the Land; (Ill) the subdivision of land; or (iv) environmental protectlon;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental P<>'ice power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. A.ny claim, by reason of the operation of federal bankruptcy, state insolvency, or Similar creditors? rights laws, that the transaction vesting the Title as shown in Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -2006 WITH REGIONAL EXCEPTIONS First American Title . ' When the American Land Title -atlon policy is used as a Standard Coverage PolitY andt.s an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B Tills policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens ar encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the l1tfe that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title .. • • PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information-particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy govems our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the . . .. p&ROO alter which .any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control effOrts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casuaity insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to oompanies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best effOrts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved "' • ' • 'lSI !'- l.1I.Jf ~.,. .... £ UN 01£GO COUNTY l$1(1101'1 MAP 11211 PG 06 10' SIDEW"U\ ESMT MAP 7492 -CARLSBAD TCT NO. 72-3 • • HEw l·NDA, • • .. • PAACcL loW' "" ......... llfTM. 6"-D "J6;6 ••a~,: • .-.-~··(-~R. ..... ~--1.1 ..-.-.... -· •-t~Tw!"~ ,_....._ wre--........,. ·-~-.... f'ASIS OF BEAplN&S: ~ =·~ .. ~~ RIR THIS MN" l!lo "O-le; Eliltmiltl...'r LIN~!" i.a.. N.-u• -· n·w . --~ -= ·= = -= -I = ! -i --- -------------- -------------- ------------- e • FILE COPY II•J</•0~ Cit of Carlsbad -----=~----,~---=~ NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON: November 25. 2008 Application #: ,.C,.D"'P_,0,.8"--1'-'9'------------- Case Name: Hoehn Service Advisors Addition Applicant: Mr. Rick Blakemore. Hoehn Associates LLC Address: P.O Box 789 Carlsbad CA 92018 Phone: (760) 438-4454 Filing Date: November 25 2008 Decision Date: November 24 2008 Agent (if different): Mr. Richard Bokal. Bokal & Sneed Architects Address: 244 Ninth Street Del Mar CA 92014 Phone: (858) 481-8244 Project Description: Coastal Development Permit for the addition of 425 square teet to an existing service advisors office. Project Location: 5454 Paseo Del Norte. within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3 IAPN 211-060-19). ACTION: 0 APPROVED [81 APPROVED WITH CONDITIONS 0 DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: [81 NOT APPEALABLE TO THE COASTAL COMMISSION. 0 APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: -Location Map to CCC for non-appealable COPs -Staff Report to CCC for appealable COPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety {90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A wrl~en request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® • • N • NOT TO SCALE Hoehn Service Advisors Addition COP 08-19 DATE: ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION October 30, 2008 Application Number: CDP 08-19 Project Description: The subject proposal entails a request to add 425 square feet to the existing Hoehn Honda service advisors office located at the southeast corner of the main building. The addition will be located under the existing service drive canopy. No landscaping or parking is proposed to be removed. One additional parking space will be required as a result of the addition. Location: On the east side of Paseo del Norte, south of the intersection of Paseo del Norte and Cannon Road, addressed as 5454 Paseo del Norte. APN: 211-060-19-00 The proposed addition is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will only be held upon written request, within 15 working days from the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Planning Director will determine this application 15 working days (November 21, 2008) after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the Planning Director, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Shannon Werneke, at the City of Carlsbad Planning Department, (760) 602-4621 Monday through Thursday-7:30a.m.-5:30p.m., or 8:00a.m.-5:00p.m. Friday. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) • • N NOT TO SCALE • Hoehn Service Advisors Addition COP 08-19 ... • NOTICE OF EXEMPTION To: SO County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego CA 921 0 I [}i 0 [1 ~ rdtiD. Gregory J. Smtih, Recorder/COUII"f Cbrt fiC O ·r Z008 • ' Kesiaa--.. o&.Pur.,. CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Subject: Fi ling of thi s Notice of Exemption is in compliance with Section 2ll52b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: COP 08-19 -Hoehn Service Advisors Addition Project Location -Specific:-=5'-'4=5-=-4-=-P-=a=seo..::o:.....:d=e:..:..l...:...N.:..oo:..:..rt=e ________________ _ Project Location-City:-'C""'a~r_.!,!Is~b~ad:::..._ __ _ Project Location -County: San Diego Description of Project: Coastal Development Permit CCDP 08-19) to allow for the addition of 425 square fe et to an existing service writers office. Name of Person or Agency Carrying Out Project: Hoehn Associates LLC Name of Applicant: Richard Bokal, Bokal & Sneed Architects Applicant's Address: 244 Ninth Street, Del Mar, CA 92014 I '~. 0 wtment •t· of c ... r.soad Applicant's Telephone Number:__._(8=5::...:8:...)....:4=8-=-1....o-8=2:....:.4-=-4 ________________ _ Exempt Status: (Check One) 0 Ministerial (Section 21080(b)(1); 15268); 0 Declared Emergency (Section 21 080(b )(3); l5269(a)); 0 Emergency Project (Section 21 080(b)(4); 15269 (b)(c)); [gl Categorical Exemption -State type and section number: Existing Facilities, 1530 I (e) 0 Statutory Exemptions-State code number: ________________ _ Reasons why project is exempt: COP 08-19 is categorically exempt because it involves an addition to an existing structure which does not result in an increase of more than 1 0,000 square feet. The project is located in an area where all public services and facilities are available to allow for the maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. Lead Agency Contact Person: Shannon Werneke, Associate Planner Telephone: (760) 602-4621 DON NEU, Planning Director ':>an Dreg'lf~r&fn2ffliBftrtJj-------- Posted ' Removed JAN 0 '7 Z~[ l Date received fo r filing at OPR: t<eturned to a ency 0 JArJ 0 '7 2~( j Jcpury L !.J(esla;;:-;:;:n:--~~..:....:.::.:..:__ Date :ILE~ IN THE OFFICE <ftElttffPtM~TY Cl ERK 11-2s--or Revised November 2005 e;regory J. Smith • COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Room 103 San Diego, CA 92101-2480 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Room 260 Tel. (619) 236-3771 • Fax (619) 557-4056 P.O. Box 121750' San Diego, CA 92112-1750 Tel. (619)237-0502 ' Fax (619)557-4155 Transaction#: 191814420081201 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 01-Dec-2008 09:13 FEES: 50.00 Qty of I Fee Notice of Exemption 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED For your convenience, we are now taking appointments to obtain a marriage license starting June 17th, 2008. Call today to schedule your appointment. Downtown office: 619-531-5088. Branch offices: 858-505-6197. SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) "' Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership • Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * Weddings on the Web * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00a.m.-5:00p.m. CHULA VISTA 590 Third A venue Chula Vista, CA 91910-2646 (619) 498-2277 Saturdays at the Kearny Mesa Office 9:00a.m.-3:00p.m. ELCAJON 200 South Magnolia Ave. El Cajon, CA 92020-3316 (619) 401-5750 KEARNY MESA 9225 Clairemont Mesa Blvd. San Diego, CA 92123-1211 (858) 505-6226 SAN MARCOS 141 E Carmel Street San Marcos, CA 92078-4309 (760) 940-6858 STATE OF CALIFORNIA-TH.OURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Lead Agency: CITY OF CARLSBAD • *355646* Date: 12/0112008 Counly/State Agency of Filing: ~S:.cA_::N_::_::D_::IE:_G:_O.::_-:-----,--=-=-=--------Document No:~. _--_----- Project Title: HOEHN SERVICE ADVISORS ADDITION CDP 08-19 Project Applicant Name: HOEHN ASSOCIATES LLC Project Applicant Address: :;22::.4.:..::Nc:IN..:.T:..:H_c_::S_::T ___________________________ _ Cily DEL MAR State ...:C::.A:_ __ Zip Code ...:9c::20:_1:_:4 __ _ Phone Number: (858) 481-8244 Project Applicant (check appropriate box): IZJ Local Public Agency 0 School District 0 Other Special District cneck ADcable Fees: Signature and title of person receiving payment: L. Kesian V'vttiTE -PROJECT APPLICANT YELLOW-DFGIFASB PINK-LEAD AGENCY D State Agency D Private Entity $2,606.75 $ $1,876.75 $ $886.25 $ $886.25 $ $50.00 $ 50.00 TOTALRECEIVED $ ____ 5_0._0_0_ ~-fY1\'\-Zo,w M I Depuly GOLDENROD-COUNTY CLERK DFG 753.5a (Rev. 1108) *355646* 1111111 11111111111111111111 1111111111111 October 24, 2008 Mr. Rick Blakemore Hoehn Associates LLC P.O. Box 789 Carlsbad, CA 92018 SUBJECT: COP 08-19 (MINOR)-HOEHN SERVICE ADVISORS ADDITION CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15301 (e), Existing Facilities. No environmental review is required for the project. Please be advised that the City is required to file a Notice of Exemption form with the County Clerk's Office. The County requires a $50 filing fee, which the City collects from the applicant. One week prior to the Planning Director's decision , please submit a check for $50 payable to San Diego County Clerk to Shannon Werneke, project planner. For additional information related to this CEQA applicability/process determination, please contact the project planner, Shannon Werneke, at (760) 602-4621or swern@ci.carlsbad.ca.us. Sincerely, ~~ DON NEU Planning Director DN:SW:It c: Mr. Richard Bokal, Bokal & Sneed Architects, 244 91" Street, Del Mar, CA 92014 Chris DeCerbo, Team Leader Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} • • City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM September 17, 2008 TO: Shannon Werneke, Planning FROM: Tecla Levy, Engineering SUBJECT: COP 08-19, HOEHN SERVICE ADVISORS ADDITION; (APN: 211-060-19) The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: • Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. • Developer shall comply with the City's Stormwater Regulations and implement best management (BMP) practices at all times. Best management practices include but not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. If you or the applicant has any questions, please contact Tecla Levy at 760-602-2733. Attachment cc: File ll1t11 LE 0 '7 I 9Jaj /;).... .§~~CITY OF ~~CARLSBAD Planning Division September 25, 2012 Sakal & Sneed 244 Ninth Street Del Mar, CA 92014 ' • SUBJECT: CD 12-13-HOEHN HONDA REF ACING ' a FILE www.carlsbadca.gov The City Planner has completed a review of your application for a consistency determination regarding the proposed improvements to the existing Hoehn Honda dealership (APN: 211-060-19) located at 5454 Paseo Del Norte. The proposed modifications include: • Reface the North, South and Westem slump block building elevations with stucco. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3) The proposed revision does not change the density or boundary of the subject property. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit. 5) The proposed revision does not rea"ange the major land uses within the development. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained .with the applicable development standards of the Carlsbad Municipal Code. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8) The proposed change would not result in any health, safety or welfare impacts. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 1 0) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the application QUALIFIES for a consistency determination as the project is consistent with the Car Country Specific Plan (SP-19) and therefore, APPROVES the changes to the project based on Planning Division Administrative Policy No. 35. DON NEU, AICP City Planner DN:GF:sm c: Vogei-Beljean Trust, 6415 Edna Road, San Luis Obispo, CA 93401 Principal Planner, Chris DeCerbo Project Engineer, David Rick File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • f '· e e FilE CO;PY ' /1·:><1·0'& City of Carlsbad I Q61,1,1 I .1. I •*§ ·klll,.,;g .1M November 24, 2008 Mr. Rick Blakemore Hoehn Associates LLC P.O. Box 789 Carlsbad, CA 92018 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION SUBJECT: COP 08-19-HOEHN SERVICE ADIVSORS ADDITION The City has completed a review of the application for a Minor Coastal Development Permit for the addition of 425 square feet to an existing service advisors office located at the Hoehn Honda dealership addressed as 5454 Paseo Del Norte. It is the Planning Director's determination that the project, HOEHN SERVICE ADVISORS ADDITION, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. 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. 4. The proposed development will have no adverse effect on coastal resources, in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. 5. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the proposed service advisors addition to the existing Hoehn Honda automobile dealership is consistent with the LCP Land Use Plan which designates the site Regional Commercial (R) and allows for regional commercial-related uses and the Car Country Specific Plan (SP-191), as the implementing Ordinance, in that the project complies with the development standards of the Specific Plan. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® ""' "\"' . .., t<fil' CD.P 08-19-HOEHN SER,CE ADVISORS ADDITION November 24, 2008 Pa e 2 • coastal access opportunities exist on-site, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 6. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Permit Procedures 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(e), Existing Facilities, of the State CEQA Guidelines and will not ·have any adverse significant impact on the environment. 8. That the Planning Director 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: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, COP 08-19, for the project entitled HOEHN SERVICE ADVISORS ADDITION (Exhibits "A" -"E"), dated November 24, 2008, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their .terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. · Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer 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 • ,, ' ) . . ' . C~P 08-19-HOEHN SE.CE ADVISORS ADDITION November 24, 2008 • Pa e 3 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. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby. 7. 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. 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. ---k_ 9. Prior to the issuance of the building permit, Developer shall submit to the City a Notice /]'-J of Restriction to be filed in the office of the County Recorder, subject to the satisfaction !t •J. k~~~:,Jcl44 of the Planning Director, notifying all interested parties and successors in interest that ~5-> the City of Carlsbad has issued a Minor Coastal Development Permit on the property. t1.J ['{lA f{V . _/ Said Notice of Restriction shall note the property description, location of the file OJ,r\0 1' · conta1mng complete project details and all cond1t1ons of approval as well as any ~~ f( ~ . \ conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning .JJ.{1u(oCI 1cJJG Director has the authority to execute and record an amendment to the notice which 1..;,/ <~/Uq..-modifies or t~rminates said notice upon a showing of good cause by the Developer or V 2: successor 1n Interest. ~~ 10. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 11. 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, including, but not limited to the following: 12. 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. CDP 08-19-HOEHN SE-CE ADVISORS ADDITION November 24, 2008 • Pa e4 13. ~14. 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. Prior to the issuance of building permits, the parking spaces adjacent to and south of the existing service facilities shall be restriped to parallel parking spaces as identified on the Site Plan (Exhibit "B"). A site inspection by the Planning Department will be required to confirm that the re-striping has been completed. Engineering: 7\< 15. ~ 16. Prior to the issuance of building permits, the Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, the Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF, to the satisfaction of the City Engineer. The Developer shall comply with the City's Stormwater Regulations and implement best management (BMP) practices at all times. The best management practices include, but are not limited to, pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 17. 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. 18. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 20. · Any signs proposed for this development shall at a m1n1mum be designed in conformance with the City's Sign Ordinance and the Car Country Comprehensive Sign Program and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning ., . • • • J CDP 08-19-HOEHN SE.CE ADVISORS ADDITION November 24, 2008 Pa e 5 • Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00 (plus noticing fees). The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director 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 Shannon Werneke at (760) 602-4621. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD ~7&/L· GARY T. BARBERIO Assistant Planning Director GTB:SW:It c: Richard Bokal, Bokal & Sneed Architects, 244 Ninth Street, Del Mar, CA 92014 California Coastal Commission, 7575 Metropolitan Drive, Ste. 103, San Diego, CA 92108-4421 Chris DeCerbo, Team Leader Tecla Levy, Project Engineer File Copy Data Entry e e FIL~. £QeY Cit of Carlsbad ----~~~~--~~ November 25, 2008 Mr. Rick Blakemore Hoehn Associates LLC P.O. Box 789 Carlsbad, CA 92018 SUBJECT: NOTICE OF RESTRICTION-CDP 08-19, HOEHN SERVICE ADVISORS ADDITION Dear Mr. Blakemore: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Minor Coastal Development Permit, CDP 08-19. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January I. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 866, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please call Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at rnmast@ci.carlsbad.ca.us. Sincerely, SHANNON WERNEKE Associate Planner c: Senior Management Analyst File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} • e e FILE COPY Cit of Carlsbad ------------,~------ October 1, 2008 Mr. Robert Hoehn Hoehn Associates LLC P.O. Box 789 Carlsbad, CA 92018 SUBJECT: 1•• REVIEW FOR COP 08-19-HOEHN SERVICE ADVISORS ADDITION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Minor Coastal Development Permit request to remodel and expand the existing service advisor's facility, application no. COP 08-19, 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 Department will begin processing your application as of the date of this communication. At this time, the City asks that you provide 4 complete sets of the development plans so that the project can continue to be reviewed. Please see attached Issues of Concern which should be addressed with the next submittal. Please contact your staff planner, 3! I I•WtiUidf at (760) 602-4621 or swern@ci.carlsbad.ca.us, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, a~ Assistant Planning Director DN:SW:sm c: Mr. Richard Bokal, Bokal & Sneed Architects, 244 91h Street, Del Mar, CA 92014 Chris DeCerbo, Team Leader Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 'i: i C~P 08-19-HOEHN SE-CE ADVISORS ADDITION October 1, 2008 • Pa e 2 ISSUES OF CONCERN Planning: 1. It is not clear who the primary point of contact will be for the proposed project. Pursuant to the application, the owner and applicant are identified as Hoehn Associates yet no contact name was provided. Please clarify on the plans. 2. Please revise the zoning noted under "Project Data" to remove the reference to the "Q" overlay. The subject property is not located in the Qualified Development Overlay. In addition, please identify that the General Plan Designation is R, (Regional Commercial) and that the project is located in the coastal zone. 3. Please include the project case number, COP 08-19, on all project plans. In addition, please indicate that it is a Minor Coastal Development Permit and the valuation of the addition is less than $60.000.00. 4. Please revise the site plan (SheetA-1.1) as follows: a. Sales Parking Tabulation: the difference between the required number of parking spaces and the 20% required for customer parking is intended to be allocated as employee parking spaces (i.e. 80% of spaces are require.d to be employee spaces). Therefore, a total of 21 and 22 spaces are required before and after the addition, respectively. Please add this calculation below the "Customer'' calculation; b. Please provide an overall calculation of how many service, customer and employee parking spaces are required at the bottom of the Parking Tabulation; c. A total of 63 service parking spaces are shown on the site plan. Pursuant to the parking tabulation, a total of 78 spaces are required. Therefore, there is a 15- space shortfall of service parking. Please confirm the accuracy of this information. Please note that there is a surplus of customer spaces (3) and employee spaces ( 4 ). Due to a shortage of on-street parking, staff does not recommend re-designating any of the surplus customer spaces. Therefore, to address the shortfall in service parking, please re-designate the four (4) surplus employee spaces and 11 inventory spaces on the site plan to service parking spaces. This will provide a total of 15 additional service parking spaces and bring the total number of service parking spaces on the site to 78 (required number of spaces for of the uses on the site). 5. Based on a site visit, the parking space striping for the service parking spaces adjacent to the south elevation of each of the service buildings does not correspond with what is shown on the site plan. Specifically, the spaces at the site are striped as angled parking instead of parallel parking (as depicted on the site plan) which results in additional service spaces on the site. Although this results in additional service parking which could assist in addressing the shortfall in service parking spaces discussed under No. 4c above, it also appears to have created a drive aisle which is less than the required width of 24 feet. This will need to be verified at the site. If it is determined that the existing situation· results in a drive aisle width which does not meet code requirements, the spaces will have to be accordingly re-striped as parallel parking spaces to correspond with the site plan. If, however, the angled spaces allow a 24-foot-wide drive aisle to be COP 08-19-HOEHN SE.CE ADVISORS ADDITION • October 1, 2008 Pa e 3 maintained, please revise the parking calculation and site plan to reflect the additional service parking spaces. This should result in the reduction of the number of inventory parking spaces that would be required to be converted to service parking spaces. Engineering: The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete. Please be advised that the following conditions will be incorporated into the approving document: 1. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 2. Developer shall comply with the City's Stormwater Regulations and implement best management (BMP) practices at all times. Best management practices include but not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. From: To: CC: Date: Subject: Shannon, Don Neu Shannon Werneke Chris DeCerbo; Gary Barberio; Van Lynch 09/30/2008 5:27 PM Re: CDP 08-19, Hoehn Addition A Planning Commission Determination is not required for the project you described. The current car Country Specific Plan (dated March 2006) in Section I. C. on page 2-5 requires the approval of a Site Development Plan in accordance with Chapter 21.06 (Qualified Development Overlay Zone). In section 21.06.040 (3) of the Zoning Ordinance one enlargement of less than one thousand SQuare feet of any existing commercial or industrial building on any commercially or industrially zoned lot is exempt from the Site Development Plan requirement. Based on that provision a minor COP would be the required permit. Don >»Shannon Wemeke 09/26/2008 12:51 PM»> Don- I've been assigned a Minor COP for a 425 square foot service advisor office addition to the existing Hoehn Honda dealership on Paseo del Norte. The project was accepted as a minor CDP at the oounter since the valuation of the work is below 60K. The question has arisen as to whether a PCD needs to accompany the CDP as this is the standard protocol for those properties which do not have a SOP (parcel was developed as a part of the original Specific Plan). Given the minor nature of the proposed project, I would like to waive the requirement of a PCD for the following reasons: 1. The proposed 425 SF addition will be constructed within the existing footprint of the building since it will be located underneath an existing service entrance canopy. Therefore, the lot coverage will not be impacted. 2. One additional parking space will be required and can be accommodated on the site. Although the parking needs to be slightly reworked on the site plan (and potentially on the site), I feel that this can be dealt with at the administrative level. 3. No landscaping is proposed to be removed. 4. On 5/18/04, the Planning Director at the time (M. Holzmiller) approved a Minor CDP without a PCD (CDP 04-08, Van was the planner) for a 2,324 SF addition to the Lexus dealership since the project was valued at less than 60K (per findings outlined in approval letter). The proposea project is substantially smaller in scale than this project and the precedent has been set to allow Minor COPs to be kept at the administrative level. In summary, I feel that a PCD should not be required for the proposed project. Please confimn if you agree with this detemnination. Thanks, Shannon