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Home My WebLink AboutCDP 12-24; Board & Brew; Coastal Development Permit (CDP) (3)APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Leqis/aUve Permits (FOR DEPT. USE ONLY) 0 Administrative Permit 0 General Plan Amendment 'llJ Coastal Development Permit(*) ~Minor Ctlf\1-z-.t 0 Local Coastal Program Amendment(*) 0 Conditional Use Permit (*) 0 Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit(*) 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Tentative Tract Map 0 Variance 0 Administrative 0 Master Plan 0 Specific Plan 0 Zone Change (*) 0Amendment 0Amendment 0 Zone Code Amendment South carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits J8l Review Permit ~ Administrative 0 Minor 0 Major (*) = eligible for 25% discount f ~PI1_?;C NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: BRIEF LEGAL DESCRIPTION: ~· LOCATION OF PROJECT: ON THE: TREET ADDRESS SIDE OF Lkrts ~cl 75/vd BETWEEN (NORTH, SOUTH, EAST, WEST) Dalf. Av~~ (NAME OF STREET) (NAME OF STREET) flflL !h.~ AND (NAME OF STREET) P-1 Page 1 of6 Revised 06/12 I OWNER NAME (Print)~. ~=====~~ MAILING ADDRESS: ::::O.......>o<,;:..L..;...._...;;...;...__,IIJ., CITY, STATE, ZIP: TELEPHONE: APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNCNI/LEDGE. SIGNATURE APPLICANT NAME (Print): CITY, STATE, ZIP: TELEPHONE: IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/INE CONSENT TO OR THIS PURPOSE. FOR CITY USE ONLY P-1 Page 2 of6 NOV 0 2 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 06/12 0 0 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Certification Statement: Date: ~g ~ ')..~\'L \ I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of m ledge. I support the applicant's request for a permit to place the subject pr on the public si alk. understand that an approved administrative permit shall remain in effect f as I g as outdoor · plays permitted within the Village Review Area and the permittee ith the su ct pprov per: it. 1 Date:_T;/_~_~--=--/-=-/-~-- P-1 Page 3 of6 Revised 06/12 4'~ "" ~ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information f!U1.1! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.· Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of Abb persons having a financial interest in the application. If the applicant includes a corPOration or PartnershiP, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person C.\?m"' \~elu' Corp/Part cpe «t2 LL(__ Title q}<=~kv\ t Title._13......:.f'O---='S~'.;:;a.~-eM-~------- Address Zt'tSO! (!.~1-e frc ~//-.. Address 'Z. '13 H.dcos~ Av~ E:'nc_W..~ ~,C-.. 1ZLJZ.':( £'f"lc;At• f-.' 1 Cr._ q '2-0"Z. '1 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a public!v-owned corooration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person~ Za.~C2A:::: Corp/Part £~,0~ ~tiZ..0,EJI/Y7~~ Title -p,iii:/~l!nr /C!.bQ · Title e'e!>,c.,/-). Address/6b2 S'.~ndo Address ~~~ S. f?c,.;,c_hcr ~ ;:;?:-- ~-6 fS:-Ref ~ ,.g-8r Ref.:# 5~. &-c._,..,;~ r {_ c7~ Erc"n'·~~, CJ?'1 5>oo3? ~v Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of At£! person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfrtJTrust Non Profit/Trust, ________ _ Title Title ____________ _ Address. _________ _ Address, ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes D No If yes, please indicate person(s): __________ _ true and correct to he best of my knowledge. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2of2 Revised 07/10 .. c ·~i~ ~· .. PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ~ CITY OF CARLSBAD PROJECT NAME: ( ~(B li\;, LLC b~ft Seo..cd ~\Scew APPLICANT NAME: ~)c.u l b lt0 be-eW I t-eo.-\~ ev~lL'J cvK 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: P-1(8} Page 1 of 1 Revised 07/10 • 0 Project Description for Board & Brew City of Carlsbad CCB&B, LLC Board & Brew is a proven restaurant model that has been in business in North County San Diego for the past 30 years with 3 locations throughout Southern California. We are now introducing this successful brand and product to the Coastal Carlsbad area. Board & Brew focuses on the highest quality of meats, vegetables, and spreads, top- notch customer service, craft beers, and an atmosphere like no other sandwich shop around. Our ingredients consist of never frozen chicken breast marinated in a proprietary marinade, a roast beef that is certified Angus top round and cooked in house daily, as well as oven roasted, all natural turkey. We hand slice all of our deli meats and have local produce and breads delivered daily. This isn't your typical run of the mil sandwich shop. This is the pinnacle of what you expect to eat when starving after a great surf session or a long day of working in and/ or around the coastal Carlsbad area. To compliment all of our sandwiches we have a proprietary sweet and sour sauce that is locally famous. Our floor plan is approximately 1,225 square feet with an additional4 70 square foot patio for common use. As of now, 201 Oak Ave Suite E is labeled as retail space. We are proposing to change the land use to restaurant use. Board & Brew is a full service restaurant using expediters/servers to meet all of our patrons needs. We also train all of our own staff to deliver the utmost respect, knowledge and customer service to all of Board & Brews guests. We have an expansive menu of items ranging from specialty sandwiches to carving board sandwiches where customers create their own. We also have an array of specialty salads complimented by cookies, chips, potato salad, soups, and an expansive mix of beverages. Having a health conscience mindset, all of our items focus on quality and freshness, resulting in a made to order menu. Nothing is ever premade. One of our main goals is to get involved with the community of Carlsbad by donating our time and charity as much as possible. Our business philosophy has always centered around this in addition to having the highest standards of ethics and integrity while providing the best customer service and products at all times. Thank you for taking the time to review our application and embrace Board & Brew into the community. (J ,t X~ Cr~ CEO ,,~ ~~ .... ~ CITY OF HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca .gov CARLSBAD Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 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 !!! contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. APPLICANT Name:.--l..oo!G:.....I~tt.~:::r-k.lo...I...~~...\L.W~h~ee.l,.....::l....ld~~..-· __ _ PROPERTY OWNER Name: "}e.f.fi.x'-{ ~~~ \ Address: ( le~ 5, 'f-t:t@o ~~ Fe: f/et'ZP-- ~I"lc:.l' V\; t-66 C.:, Cfd-0.;:). 'Lj Phone Number{?&()) Ce33 -60Qe Address of Site: ?ex t:Q(: ftyt.. Ca.rkh0d G-. 1?0oi Local Agency (City and County): c!C~ l-s~,\, 'S,,f\ \2ie'Jo Assessor's book, page, and parcel number: 1JJ 3 -;)...S 0-Ok 0 0 Specify list(s):_....;(\}~(.u.ft ______________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 07/10 • «~, ~ CITY OF CARLSBAD INSTRUCTIONS:i:•. STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. '~·'. :·· > ',, ._.,, ,,·¥., ·J ···(·:, .. ' . -~ ;:-'" ,· . i·'"'•J' . . ,._,· .... '" .. . .• '<-~ ·;<. ~;it' .. ' . -~ :~·,. .. I . " Does your project meet one or more of the following criteria: YES NO 1. l:mU.IlCl!l. subdtr.lll2116. Qf 1Q. 2£ more fbr.§.lllall. ualf!. Examples: single family homes, multi-family homes, "' condominium and apartments 2. Commercial-greater than 1-acre-Any development other than heavy industry or residential. Examples: hospitals; laboralories and other medical facilities; educalional institutions; recrealional facilities; municipal facilities; commercial 'f. nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; .Public warehouses; automotive dealerships; airfields; and other light industrial facilities. 3. Heew lndustrlalllndtlstrv· qrester lban 1 aqe. Examples: manufacturing plants, food processing plants, metal )( working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shqp. A facility calegorized in any one of Standard Industrial Classification (SIC) codes 5013, X 5014, 5541,7532-7534, and 7536-7539 5. Restaurallff. Any facility thai sells prepared foods and drinks for consumption, including stalionary lunch counters and refreshment stands seiHng prepared foods and drinks for immediate consumption (SIC code 5812), where the X land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodificalion requirements. ~----. --·-- -· ·-----· --------- E-34 Page 1 of3 REV 1114111 6. 7. 8. 9. ~ ~~~j)> ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov HillSide develOPment. Any development that creates more than 5,000 square feet of impervious surface and is X located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent {25%) or areater. Environments/lv Sensitive Ares IESAJ'. All development located within or directly adjacenf to or discharging directlY' to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ~ ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition. ear/Clna lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban ~ runoff Streets. roadS. highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the 'A transportation of automobiles, trucks, motorcycles, and other vehicles 10. B!J.gil gasoiiD!. Qllfl!fl· Serving more than 1 00 vehicles per day and greater than 5, 000 square feet \) 11. Coa«tal Development Zone· AnY project located within 200 feet of the Pacific Ocean and (1) creates more than X 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. More than 1-acre of dlstiJrflllnce. Project resuHs in the disturbance of 1-acre or more of land and is considered a X Pollutant-generating Development Project4 . .. .. 1 EnVIronmentally Sensitive Areas Include but are not limited to all Clean Water Ac:t Section 303(d) 1mpa1red water bod1es, areas deSignated as Areas of Speaal 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 County of San Diego; and any other equivalent environrnentaHy sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situal&d within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyance sysl&m that is composed entirely of flows from the subjac:t development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projec:ts are those projec:ts that general& pollutants at levels greal&r than background levels. In general, these include all projec:ts that conbibute to an exceadence to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedesbian or bicycle use, are not considered PollutantiJenerating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Beauhs; If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and foUow the instructions. E-34 Page 2 of3 REV 1/14/11 4'~<.·. ~~~<? ¥ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION2 ... SIGN..=ttANT REDEVELOPMENT INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development ~ Project*? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT re_q_uirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) ~ INSTRUCTIONS: If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged 'f. pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose undertying soil during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or 'A.. more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed, exposing under1ying soil during construction. INSTRUCTIONS: If you answered YES, you ARE a signifrcant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the ·meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. .. *for definition see Footnote 4 on page 2 QUESnONNAIRI.RESULT$1 : My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As art of these re uirements, I will incor rate low im act develo ment strate ies throu hout m ro·ect. Applicant Information and Signature Box This Box for Cily Use Only City Concurrence: I YES I NO I I By: Date: 1 2o ?..- ProjediO: E-34 Page 3of3 REV 1/14/11 c City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: CCB&B LLC Description Amount CDP12024 639.00 201 OAK AV CBAD Receipt Number: R0092097 Transaction ID: R0092097 Transaction Date: 11/02/2012 Pay Type Method Description Amount Payment Credit Crd VISA 639.00 Transaction Amount: 639.00 c City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1111~11111111~111~ 11~111~11~ 1~1111111111111 Applicant: CCB&B LLC Description Amount RP120030 426.00 201 OAK AV CBAD Receipt Number: R0092098 Transaction ID: R0092098 Transaction Date: 11/02/2012 Pay Type Method Description Amount Payment Credit Crd VISA 426.00 Transaction Amount: 426.00 City of Carlsbad Faraday Center Faraday Cashiering 001 1230701-3 11/02/2012 35 Fri. Nov 02, 2012 01:01PM Receipt Ref Nbr: R1230701-3/0001 PERMITS -PERMITS Tran Ref Nbr: 123070103 0001 0001 Trans/Rcpt#: R0092098 SET #: RP120030 Amount: Item Subtota 1: Item Total: PERMITS -PERMITS 1 @ $426.00 $426.00 $426.00 Tran Ref Nbr: 123070103 0001 0002 Trans/Rcpt#: R0092097 SET #: CDP12024 Amount: Item Subtotal : Item Tot a 1: 2 ITEM(S) TOTAL: 1 @ $639.00 $639.00 $639.00 $1,065.00 Credit Card (Auth# 869557) $1,065.00 Total Received: $1,065.00 Have a nice day! **************CUSTOMER COPY************* . . NCf-4414-92-R11 PREPARED BY AND WHEN RECORDED MAIL TO: Return to: ND4 Republic 11tle of Texas. Inc. 2626 HoWe\1 street. 10th Floor DallaS. r~-ra~~') ,6 JIJ'....., • .,...,, • -··-• v•v..a-~JVU DOC i 201 0-0695671 llllllllllllllllllltlllllllllm lllllllllltlllt tllllllltllllflllllllll DEC 16, 2010 8:00 AM OFFICW. RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 784! DAVID L. BUTLER. COUNTY RECORDER FEES: 2163.05 OC: OC PAGES: .11 lllllllllllllmlllllllll Location No. 1360 l 20 J Oak A venue Carlsbad, CA APN #203-250-06-00 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum") shall evidence that there is in existence a Lease as herein described. It is executed by the panies hereto for recording purposes only as to the Lease hereinafter described, and it is not intended and shall not modify, amend, supersede or otherwise affect the terms and provisions of said Lease. r N.;.., of DoCUment I Sb;;j,ping Center i.e.;--------., · (the "Lease"): :DateofLease~-t·oecember•-"-.-2oH)____ ----------~ I : ...u.....L I : N.;,.e of L:mdl(;d,-t MAoFI,ILC ----------------1 :N~e of Tenant: ! 7-Eie-;en, Inc., a Texas cori)Oration---------------.. ; t Address~f-· J---I MADA~LLc-------------------~ Landlord: 162 S. Rancho Santa Fe Rd., Suite B-85 ,. Encinitas, CA 92024 ~ Address.ofTenant: 1 A~: corporate ie;u Est;~-------·--- t P.O. Box 711 · Dallas, Texas 75221-2711 :. I f'YLtU 1 T4 to-J h_k ~s 1o ~ fYJ AD F z, LtC (' t' y. Swtt. s~BS )t, z. s. R aflcho JQiflk IT! J f.fJCJni'ltls1 c;. tjz,aJ,tf 175008 0 7843 1 Co-Tenancy--Landlord agrees that, without Tenant's prior written consent and for so long as the Premises is used as a convenience store (provided that any discontinuation of Jess than six (6) months or where due to an interruption in use due to repair, restoration, casualty, condemnation, re-Jetting or any force majeure shall not constitute a failure to use the Premises as a convenience store), no portion of the Shopping Center other than the Premises shall be occupied by a sit down restaurant, bar or other business selling I food or alcoholic beverages for on premises consumption that j _____ -----_ _j exceeds I ·~~0 square feet of gross leasabl~ a~ea. _________ I 1 Parking Tenant shall have the right to (i) the exclusive use of the parking j spaces shown in cross-hatch on the Site Plan, and (ii) a non-. exclusive easement for parking and for use of any means of ingress ! i and egress in, to and from the Shopping Center and adjoining i : roadways or properties now or hereafter existing, including, but : , not limited to, driveways, loading areas, curb cuts, sidewalks and 1 1 parking areas, in common with Landlor~ and Landlord's other' I tenants. Tenant shall have the right to mark the exclusive parking : I spaces and otherwise enforce, including by towing or booting, the . I exclusive parking rights granted above. : l. ·-·-----.L .. _ -----···--· -------· ·----_j 175008 0 7844 1 1 Exclusi-ve-s~---....--Lan-d-lord agrees that, during the Term and any Extended Term for 1 so long as the Premises is used as a convenience store (provided 1 that any discontinuation of either less than twelve (12) months or 1 1 where due to an interruption in use due to repair, restoration, casualty, condemnation, re-letting or any force majeure shall not 1 constitute a failure to use the Premises as a convenience store), no I occupant of the Shopping Center other than Tenant shall operate a business which provides or offers, banking or other financial · 175008 services (including automatic teller machines, except that a bank I or check cashing business may operate at the Shopping Center), or ' ! offers for sale or rental, in connection with all or any pan of its : business operations, any of the following items: I I (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) fresh and commercially packaged bakery and bread products; delicatessen and delicatessen type items, including, 1 but not limited to, packaged lunch meats, pre-: prepared sandwiches and foods, grill items (such as 1 hot dogs), burritos, taquitos, pre-made salads and I cup fruits or fruit salad for consumption on or off premises; I grocery items commonly sold from a convenience store; cigarettes and tobacco products, unless vended by • h. I mac me; : beer and wine for off premise consumption; chilled, single serve beverages, including frozen or semi-frozen carbonated beverages, and energy ; drinks by the case or bottle; beverages in six pack, eight pack, twelve pack, case lots, half, one or two liter bottles; I candy, unless from a candy store, gift boxed or sold in bulk; hot beverages by the cup, including coffee or hot chocolate; motor fuels or petroleum products; and I lottery ticket, money orders (except from a bank), and phone cards (except from a phone specialty 1 store). __ j ------·------- ·. 0 0 7845 Setback Restriction Landlord agrees that no building. kiosk or other structure (excluding pylon or monument signage) in the Shopping Center wbicb faces the same street as the Premises shall be constJucted in the future closer to such street than the Pnmaises so as to impMe or alter ingR:ss and egress and visibility. without Tenant's prior written consent In addition, Landlord agrees that all future signs in the Shopping Center will be constructed and located in such a manner which will not detract from the visibility of Tenant's fascia and pole signs. The purpose of this Memorandum is to give record notice of the Lease and of certain rights created thereby, all of which me hereby confumed. A copy of the Lease is on file with Landlord and Tenant at their respective addn:sses set fonb above. 1bis Memorandum may be executed in counterparts which shall collectively be deemed an original. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the dates set fonb in their respective acknowledgments. AlTEST: 175008 LANDLORD: MADFI,U.C aCalifo · · · TENANT: 7-ELEVEN,INC .• a Texas corporation ~3JNED IN COUNTERPART Im: __________________ _ 0 7846 r·---~---·------·------·----l Setback Restriction Landlord agrees that no building, kiosk or other structure I (excluding pylon or monument signage) in the Shopping Center ; · which faces the same street as the Premises shall be constructed in j I the future closer to such street than the Premises so as to impede or , alter ingress and egress and visibility, without Tenant's prior 1 written consent. In addition. Landlord agrees that all future signs II ; in the Shopping Center will be constructed and located in such a manner which will not detract from the visibility of Tenant's fascia j and pole signs. L ______ __l__ ---··------------_ __) The purpose of this Memorandum is to give record notice of the Lease and of certain rights created thereby, all of which are hereby confirmed. A copy of the Lease is on file with Landlord and Tenant at their respective addresses set forth above. This Memorandum may be executed in counterparts which shall collectively be deemed an original. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the dates set forth in their respective acknowledgments. LANDLORD: MADA,LLC, a Califomia limited liability company By: BED IN COUNTERPART Its: ---------------------- TENANT: 7-ELEVEN, INC., a Texas corporation 175008 . C.A IFORNIA ALL-P SE CERTIFICATE OF ACKNOWLEDGMENT 7847 State of California County of SA""' o'e<;.e> (Here insert name and title of the ofr~eer) who proved to me on the basis of satisfactory evidence to be the personW whose name(s}Qs1are-subscribed to the within instrument and acknowledged to me that dJ!t.ehe/they executed the same in~/their authorized capacity(ifi), and that by G'Jrer/their signature(s} on the instrument the person(s), or the entity upon behalf of which the personfs) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TilE A IT ACHED DOCUMENT (Title or description of attached doc:ument) (Title or description ofattached documc:nt continued) Number of Pages __ Document Date. ___ _ (Additional infonnation) CAPAOlY CLAIMED BY THE SIGNER 0 Individual (s) 0 Corporate Officer {Title) 0 Partner(s) 0 Attorney-in-Fact 0 Trustee(s) 0 Other ___________ _ 2008 Version CAP A vi 2. 10.07 800-873-9865 www.NotaryCiasscs.com INSTRUCTIONS FOR COMPLETING TinS FORM All}' acknowledgment romp/eta in California mJUt ronlllirr verbiage exactly as appears abow in the notary sectiorr or 11 $t!ptJrole adarowledgment form miiSt be properly completed and atwchetl to that document. 77le only ex&eption is if a document is to be recorded outside of CalifomitJ. In such instances. any alterntJtille acknowledgment wrbiage as may be prinred on such a document so long as the verbiage does not require the nowry to do lomtdring drat is Illegal for a nowry in California (i.e. certi};ing the authorized capacity of the signer). Please check lhe document carefully for proper nowrial wording and atwch this form if required. • State and County infonnation must be the Slate and County where the document signcr(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date lhat the signer(s) pasonally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the oame(s) of do<:ument signcr(s) who pemmally appear at the time of notarization. • Indicate the correct Sifllulll' or plural fonns by crossing off incorrect fonns (i.e. helsbelthey; is,_) or circling the com:ct fonns. Failure to concctly indicate this infonnation may lead to rejection of document rcconting. • The nolaJy seal impression must be ciCIII' and photographically reproducible. Impression must not cover text or lines. If seal impn:ssion smudges, re-seal if a sulflcieot area permits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on tile with the offiCe of the county clerk. 0:0 Additional infonnation is not required but could help to ensure this acknowlcdgmeot is not misused or attached to a different document 0:0 Indicate title or type of attached document. number of pages and date. -:-lndicale the capacity claimed by the signer. If the claimed capacity is a corporate olflcer, indicate the title {i.e. CEO, CFO, Secretary). • Securely anach this document to the signed docwneot .. 0 STATE OF TEXAS § § COUNTY OF DALLAS § 0 7848 ACKNOWLEDGMENTS On this 7 day of D.o&J mb IJ r-, 20.../k2, before me, the undersigned, a Notary Public in and for the aforesaid County and State, on this day personally appeared fhu-;('1 ~ Jt·2-ttr and 0 fun.ofct -6~ve~V64A=tJ(ft. , a(n) v~ ~ Pr--et; lckuJl and an Assistant Secretary, respectively, of 7-ELEVEN, INC., a Texas corporation, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same as the act of such corporation for the purposes therein expressed and in the capacities therein stated. Witness my hand and official seal. ..... ~·· (seal) '"-~ ..... i?,_'~\ Karen Pennell f·~*~*l NO""'M!ie, 5131Sal1en& \ 'II: ... , ··~-· .. io,.:i u.,. eomm. Expir9S OS/ 01/2013 ··'10f1"·" ·········•' 175008 Signature: ;<~~ Typed or printed name-.&.~4>/J liN. II My commission expires:6 -/ ... t:AL>t..:J .. 0 7849 Exhibit A to Memorandum of Lease Premises 7-Eleven Store legal description Location 13601/ APN: 203-250-06-00 , The approximate 2,968 square foot building, plus the approximate 600 square foot office space adjacent to the convenience store space, located in the southeast corner of the following described property: The land situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL ONE: THAT PORTION OF BLOCK 18 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 535, ALED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 02, 1888, DESCRffiED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID BLOCK 18; THENCE SOUTHWESTERLY ALONG THE NORTHERLY BOUNDARY OF SAID BLOCK 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 100.00 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150.00 FEET TO THE WESTERLY BOUNDARY OF LINCOLN STREET~ THENCE NORTHWESTERLY ALONG THE WESTERLY BOUNDARY OF LINCOLN STREET, 100.00 FEET TO THE POINT OF BEGINNING. PARCEL TWO: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID BLOCK 18, THENCE SOUTH 55°27'00" WEST ALONG THE SOUTHERLY BOUNDARY OF OAK AVENUE 137.83 FEET; THENCE NORTH 6°26'00" EAST ALONG THE EASTERLY BOUNDARY OF CARLSBAD BOULEVARD 13.17 FEET; THENCE NORTH 55°27'00" EAST 129.26 FEET~ THENCE SOUTH 34°33'00" EAST 10.00 FEET TO THE POINT OF BEGINNING. APN: 203-250-06-00 175008 \ \ \ \ ~\\ ?Y__1\ ~ ', ~ +.~ . ?Q\\ Exhibit .H (to Memorandum of Lease) Site Plan \ . \ 0 ----~- . . ----·------~-----·-·~~ . -...._ \ ... ··--·-----~ 0 (:j VI' 81 Vlalf cJ~g-Silf~D ---#' ___ ___ ---... .. .__. __ 7850 i ... ... -I ,... 0 0 . ' . Exhibit C to Memorandum of Lease . .. Shopping Center legal description Location 13601/ APN: 203-250-06-00 The land situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL ONE: 785! THAT PORTION OF BLOCK 18 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 02, 1888, DESCRffiED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID BLOCK 18; THENCE SOUTHWESTERLY ALONG THE NORTHERLY BOUNDARY OF SAID BLOCK 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 100.00 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150.00 FEET TO THE WESTERLY BOUNDARY OF LINCOLN STREET; THENCE NORTHWESTERLY ALONG THE WESTERLY BOUNDARY OF LINCOLN STREET, 100.00 FEET TO THE POINT OF BEGINNING. PARCEL TWO: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID BLOCK 18, THENCE SOUTH 55°27'00" WEST ALONG THE SOUTHERLY BOUNDARY OF OAK A VENUE 137.83 FEET; THENCE NORTH 6°26'00" EAST ALONG THE EASTERLY BOUNDARY OF CARLSBAD BOULEVARD 13.17 FEET; THENCE NORTH 55°27'00" EAST 129.26 FEET; THENCE SOUTH 34°33'00" EAST 10.00 FEET TO THE POINT OF BEGINNING. APN: 203-250-06-00 175008 .. f., ~ECORDING RE<)UES'I'nl) llV' .. :..~!0 TITLE INSURANCI! COMP/.1~· AFTER RECORDING MAll. TO: The Southland Corporation c/o LAWYERS TITLE INSURANCE P. 0. Box 2280 Dallas, TX 75221 Re: Carlsbad, CA GFN-34222; Location 13601 (Escrow 5637G-L/Order 341297~) ASSIGNMENT OF LEASE 0 83 . ~0 IN--"1 OFfiCIA'Ql~WSCA.I Of SAN DIE • 19S3FEB 8 AM8:00 ~VERA L LYLE~ COUNTY RECORDER ROBERT L. NIELSEN, RICHARD H. NIELSEN, JOHN W. llODGilRS and CAROLE JAYNE STEWART, FOR A VAtuABLE CONSIDERATION, the receipt of which is hereby acknowledged, do assign, and transfer to: THE SOUTHLAND CORPORATION, a Texas corporation that certain lease executed by H. T. 'lADIES, LESLIE J. tiAINES, IIARRY E. SlHS and .<\liGIE C. SntS (Lessees) on the 30th day of Octobcr 19..22... to CHARLES A. GALLEN~IP and IRENE L. GALLENKA..'IP (Lessors), which lease covers-------------------------------- situated on a portion of the following described land: T~~t portion of Block 18 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888, described as follows: Beginning at the Northeasterly corner of said Block 18; thence Southwesterly along the Northerly boundary of said Block 150.00 feet; thence at right angles Southeasterly 100.00 feet; thence at right angles Northeasterly 150.00 feet to the Westerly boundary of Lincoln Street; thence Northwesterly along the Westerly boundary of Lincoln Street, 100.00 feet to the Point of Beginning. TOGETHER with all of the rents due and to become due under and by virtue of said lease, and all of the rights, privileges and powers of the lessor(s) under said lease. 1 -STATE OF CALIFOA,'III~ • .I /) (;--/' '-.o }ss. • COUI'IT\" OT J }?,-I c;. c-. · On lhi< .J .5 t.."t: .tar or t> C 7 It p lf":io die r.., I 'J' I'-!- before JM, thrundtrsip~a Na.ti'Z: Public: in and ror &aidC~j~y:. o' ~r--L.. ~~~~·r.-v C pt:UOifU'· ·~red ~~ I &!.-(!_/UIU-J"l!y.AIF }1'€W~. rcriOnd)· tnowt~ to mt (or prO\·td 10 mr on tbf balis ofsathfKtOry e\idm«) to hcthc penon whow nome io subscribed 10 lllis ltrilnommt, ond oclmowleda<d 1ha1 ~they) ntcuted ir. . 83· ;;;L_~ N«l 40375 FOA NOTARY SEAL OA STAMP \ I l i ,. _....; I . ' r / ---- \ ~ .. 18 5 0 rcrumanYl:"m;;:n;-e tot prO\'td to mcoo \ht ba1k of,atbfanOJ)· cvWtacC'l 10 be I he ~n.on w uarnc ito subscribrd to 1hil instnnDmt. and ad:ROil·led,et'd dun lk (she or the~-• euculcd il. 0 FOR NOTARY SEAL OR STAMP FOR NOTARY SEAL OR STAMP FOR NOTARY SEAL OR STAMP ... l ---.,; r t i I ' (~~CITY OF ¥CARLSBAD 0 Community & Economic Development CITY OF CARLSBAD NOTICE OF FINAL ACTION 0 CHANGE IN USE FROM RETAIL TO RESTAURANT 201 OAK AVENUE, SUITE E, CARLSBAD, CA. Date of Notice: December 18, 2012 FILE COPY /.,;>./~· Ja.. www.carlsbadca.gov NOTICE IS HEREBY GIVEN that the City Planner has made a final decision to APPROVE a Coastal Development Permit (COP 12-24) and Administrative Review Permit (RP 12-30) for property located at 201 Oak Avenue, Suite E (APN 203-250-06). The property is located at the southeast corner of Oak Avenue and Carlsbad Boulevard. The proposed project consists of the conversion of an existing retail space to a restaurant space. The City Planner has determined that the proposed project meets all applicable requirements and is consistent with the Village Master Plan and Design Manual. Therefore, the City Planner has approved the subject permit. The applicant for the Administrative Review Permit is CCB&B LLC. The permit will allow conversion of retail space to restaurant. If you wish to appeal the decision of the City Planner on this matter to the Planning Commission, you must file a written appeal with the Planning Division within ten (1 0) calendar days of the date of this decision/notice. The written appeal must be submitted no later than 5:00 p.m. on Friday, December 28, 2012. Appeal forms are available at the Planning Division located at 1635 Faraday Avenue. If you have questions regarding this permit, please contact Austin Silva in the Planning Division at (760) 602-4631. NOTICE IS HEREBY ALSO GIVEN that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines in that the project involves the conversion of an existing small structure from one use to another where only minor modifications are made to the interior of the structure. Appropriate documentation will be filed by the City of Carlsbad's Planning Division. Case File: COP 12-24/ RP 12-30 Case Name: Board and Brew (For Site Map, See Reverse Side of this Notice) ~. : Planning Division ~f~··----~-----------------------------------------------------------------s :' · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 SITE MAP • N NOT TO SCALE Board and Brew COP 12-24 I RP 12-30 U.S. Postal ServicerM CERTIFIED MAILM RECEIPT ...D ru ru .:r (Domestic Mail Only; No Insurance Coverage Prov For delivery information visit our website at www.usps.com ~ ~------------T---~--------~--~~------...0 1'- <0 Postage $ f---------l Certified Fee fT1 Return Receipt Fee § (Endorsement Required) f--------1 Cl Restricted Delivery Fee (Endorsement Required) Postmark Here /J•lY·JoA Cl 1'- [f" C.C~ I;} !.~"'. ,....,....,.,.,-..r-.c=--L.,~ /A '5. Total Posta• ru "S"e-::cnt""11;oo-o--- ~ ~ sfreeCAjjCfi, Cl or PO Box Nc "" a~y;siaie,-z, California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 ee everse for lnstr .. (t~ CITY OF ¥'CARLSBAD 0 Community & Economic Development CITY OF CARLSBAD NOTICE OF INTENDED ACTION 0 FILE COPY f;J.. (9. I;;) www.carlsbadca.gov REQUEST TO CHANGE LAND USE FROM RETAIL TO RESTAURANT 201 OAK AVENUE, SUITE E, CARLSBAD, CA. Date of Notice: December 6, 2012 NOTICE IS HEREBY GIVEN that the City Planner of the City of Carlsbad intends to APPROVE a Coastal Development Permit (COP 12-24) and Administrative Review Permit (RP 12-30) for property located at 201 Oak Avenue, Suite E (APN 203-250-06). The property is located at the southeast corner of Oak Avenue and Carlsbad Boulevard. The proposed project consists of the conversion of an existing retail space to a restaurant space. The City Planner has determined that the proposed project meets all applicable requirements and is consistent with the Village Master Plan and Design Manual. Therefore, the City Planner intends to approve the subject permit. The applicant for the Administrative Review Permit is CCB&B LLC. The permit will allow conversion of retail space to restaurant. Those persons wishing to comment on the proposed project and intended action by the City Planner are cordially invited to submit written comments or contact the Planning Division by 12:00pm on Monday, December 17, 2012. If you have comments on the proposed project and intended action, please contact Austin Silva in the Planning Division at (760) 602-4631. You may also provide your comments in writing to the Planning Division at 1635 Faraday Avenue, Carlsbad, CA 92008. NOTICE IS HEREBY ALSO GIVEN that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines in that the project involves the conversion of an existing small structure from one use to another where only minor modification are made to the interior of the structure. Appropriate documentation will be filed by the City of Carlsbad's Planning Division. Case File: COP 12-24/ RP 12-30 Case Name: Board and Brew (For Site Map, See Reverse Side of this Notice) Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SITE MAP • N NOT TO SCALE Board and Brew COP 12-24 I RP 12-30 ru Cl ru ::T U.S. Postal Service™ CER"fJ.FIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage ProVI r1 k---~~~~-r~~--~~~~--~--~~ ..D 1"- cO m Postage $ f-----------l Certified Fee CJ Return Receipt Fee CJ (Endorsement Required) CJ f-------------i Postmark Here /oNSI•l,.J Cl 1"-o- Restricted Delivery Fee (Endorsement Required) c.PP 1;~t::· )ir:l~~~;nt,~ kKc.-, lAS Total Posta£ ru .-=-~~--California Coastal Commission Attn: Kanani Brown n r1 CJ 1"- Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 ee everse for nst -------·---~---------··--·--------------------------------- c CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: NOVEMBER 6, 2012 PROJECT NO(S): COP 12-24/RP 12-30 REVIEW NO: 1 --- PROJECT TITLE: BOARD AND BREW APPLICANT: CCB&B --------------------------------------------------~ TO: ~ Land Development Engineering D Police Department-J. Sa sway ~ Fire Department-Greg Ryan ~ Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District D Landscape Plancheck Consultant -PELA D School District D North County Transit District-Planning Department D Sempra Energy-land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 11/23/2012. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing. please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you · COMMENTS: fr Mdl5 + U/:nt&:f/l.f ~--/'nnl1 IS J"'e'ftttJ4/.(MA-~;J/t~f) 5'/ft1U/ !J?c:tlln$ 41 flte M~a/le.... pc:r6b qff!!d. rs /At:r~d ?(Cd!f.f'tP~ .. U ~~ I -hz cluftbr.ecl ? A~ tut?<lls b~ -l~a.nf -..r&CL-1" 11 YefVt4/~ ? I;:. t::t~ f.e.u tlta ~ l~tJ d dJ!c M fnJQ&t. /rld.y k (A( (IJ7A;ee/. /_/ -21-1 L_ Date PLANS ATIACHED Review & Comment 05/11 lib Memorandum November 9, 2012 To: From: Via: Re: Austin Silva, Assistant Planner Tecla Levy, Associate Engineer Glen Van Peski, Senior Civil Engineer COP 12-24A/RP 12-30, BOARD AND BREW Land Development Engineering has completed its review of the above referenced project. Engineering staff has minor comments on the site plan. Please add the conditions of approval shown below to the approving resolution or letter: Comments: 1. Attached is the rough estimate of the Building Permit fees based on the preliminary building plans. For more information or clarifications regarding building permit fees, please contact the building department at (760)-602-2719. 2. Please comply with minor comments shown in red on the site plan. Engineering conditions of approval: 1. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution 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. Developer shall notify prospective owners and tenants of the above requirements. 2. Developer shall install a grease control device to the satisfaction of Wastewater Division Building Department. If you or the applicant has any questions regarding the above, please contact Tecla Levy at extension 2733. cc: File Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov .df~A_ C I T Y 0 F VcARLSBAD Community & Economic Development January 14, 2013 www.carlsbadca.gov CCB&B LLC 243 Melrose Avenue Encinitas, CA 92024 SUBJECT: NOTICE OF RESTRICTION -RP 12-30/CDP 12-24-BOARD AND BREW Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Administrative Review Permit (RP 12-30) and Coastal Development Permit (CDP 12-24). Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1. 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 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~/.! Assistant Planner c: CED Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® . ~ _.if~~ CITY OF VcARLSBAD 1\AR&td ,l}l,J \~ tu\Lt ~Uri Community & Economic Development January 8, 2013 CCB&B LLC 243 Melrose Ave. Encinitas, CA 92024 RE: COP 12-24/RP 12-30-BOARD AND BREW www.carlsbadca.gov The City has completed a review of your application for an Administrative Coastal Development Permit COP 12-24 and an Administrative Review Permit RP 12-30 to allow an existing retail space to be converted to a restaurant located at 201 Oak Avenue, Suite E in District 9 of the Village Review (V-R) Zone, and in Local Facilities Management Zone 1. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on December 28, 2012). It is the City Planner's determination that the project, COP 12-24/RP 12-3Q -Board and Brew, is consistent with the Carlsbad Village Master Plan and Design Manual and with all other applicable City ordinances and policies. The City Planner, therefore APPROVES this request based on the following: Findings: 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the restaurant use provides a service that addresses the unique residential and commercial needs of this segment of the Village community. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual. 3. That the total cost of the proposed development is less than $60,000. 4. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the property is not located adjacent to the shore and no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the development consists of the conversion of an existing retail space to a restaurant use that includes associated minor interior modifications and the development is consistent with the Carlsbad Village Master Plan, which serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone. The proposed restaurant is consistent with the surrounding development of multi-family residential and commercial uses. The existing structure does not obstruct views of the · · Planning Division ~· 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 12-24/RP 12-30-BOARD AND BREW January 8, 2013 Page 2 coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic instability or flood hazard. The site is located in close proximity to the coast, but no public opportunities for coastal shoreline access are .available from the subject site. The site is not suited for water-oriented recreation activities. 6. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) 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 Plan (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 7. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 8. That the request for an Administrative Coastal Development Permit was adequately noticed at least (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. 9. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per section 15303 Class 3 of the State CEQA Guidelines as the project involves the conversion of an existing small structure from one use to another where only minor modifications are made to the structure and will not have any adverse significant impacts on the environment. 10. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless specifically stated in the condition, all of the following conditions, upon approval of the proposed development, must be met prior to the issuance of a building permit. 1. Approval is granted for COP 12-24/RP 12-30 as shown on Exhibit "A" dated January 7, 2013 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested """" ~. COP 12-24/RP 12-30-BOARD AND BREW January 8, 2013 Page 3 rights are gained by Developer or a successor in interest by the City's approval of this Administrative Coastal Development Permit/ Administrative Review Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Coastal Development Permit/ Administrative Review Permit COP 12-24/RP 12-30 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Administrative Coastal Development Permit/Administrative Review Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Coastal Development Permit/ Administrative Review Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 7. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 8. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution 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. Developer shall notify prospective owners and tenants of the above requirements. COP 12-24/RP 12-30-BOARD AND BREW January 8, 2013 Page4 0 9. Developer shall install a grease control device to the satisfaction of Wastewater Division and Building Department. Code Reminders: 10. 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. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Austin Silva at (760) 602-4631. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:bd c: Jeff Rasak, Property Owner, 162 S. Rancho Santa Fe Rd., Ste. B85, Encinitas, CA 92024 Don Neu, City Planner Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner Tecla Levy, Associate Engineer File Copy OMS/Data Entry M 1\ I LP-i> ~ t/ l'f /13---_,df~A,. C I T Y 0 F VcARLSBAD Planning Division November 19, 2012 CCB&B LLC Attn: Craig Applegate 243 Melrose Avenue Encinitas, CA 92024 SUBJECT: l 5t REVIEW FOR COP 12-24/RP 12-30-BOARD & BREW LJ FILE www.carlsbadca.gov Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Administrative Review Permit, application no. COP 12-24/RP 12-30, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to_ schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: {1) a copy of these lists, {2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and {3) five {5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, November 2, 2012, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at {760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at {760) 602-2733. Sincerely, ~A&Jv CHRIS DeCERBO Principal Planner CD:AS:sm c: Jeff Rasak, 162 South Rancho Santa Fe Road, Suite B-85, Encinitas, CA 92024 Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 COP 12-24/RP 12-30-BOARD & BREW November 19, 2012 Page 2 ·- liST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. On the site plan, please include a title block providing pertinent information related to the project such as site address, project name and number (COP 12-24/RP 12-30). 2. On the site plan, please include the scale that is used for the drawing. 3. On the site plan, please include a parking analysis (or table) that indicates the net square feet of each space in the shopping center. Indicate the gross square feet and show which areas will be removed from the gross square feet and the dimensions of those areas. An example has been provided below. The parking ratio for 7-11 is 1 space/200 sq. ft. of net floor area, ice cream/frozen yogurt shop is 1 space/300 sq. ft. of net floor area, and Board and Brew (restaurant) is 1 space/100 sq. ft. of net floor area. Net square footage means that area which remains after square footage of floor area that does not generate parking demand is removed from the calculation of total square footage of floor space of a building. Floor area which does not generate parking demand includes, but is not limited to restrooms, walkways, storage areas and similar area. Business Name Net square feet Parking Ratio Spaces Required 7-11 XXXX sq. ft. 1/200 sq. ft. X spaces Ice cream/yogurt XXXX sq. ft. 1/300 sq. ft. X spaces Board and Brew XXXX sq. ft. 1/100 sq. ft. X spaces Total parking spaces required X spaces 4. 7-11 submitted an application for a building permit in April 2012. Please use the dimensions from that floor plan as it is the most accurate and up to date. I have included a copy of the plan for your convenience. 5. Please include a seating plan for the outdoor patio showing the amount of seats. Indicate whether the patio is for common use of the whole center, or solely for Board and Brew. Engineering: 1. Attached is the rough estimate of the Building Permit fees based on the preliminary building plans. For more information or clarifications regarding building permit fees, please contact the building department at (760) 602-2719. · · 2. Please comply with minor comments shown in red on the site plan.