HomeMy WebLinkAboutCDP 15-04; Caltrans R-O-W Slope Repair; Coastal Development Permit (CDP) (2)Ccityof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
Coastal Development Permit (*) 0 Minor
I I Conditional Use Permit (*)
I I Minor n Extension
r~l Day Care (Large)
I I Environmentalimpact Assessment
n Habitat Management Permit [H Minor
Hillside Development Permit (*) [/] Minor
I I Nonconforming Construction Permit
n Planned Development Permit O IVIinor
I I Residential [U Non-Residential
I I Planning Commission Determination
r~l Site Development Plan Q Minor
(FOR DEPT. USE ON LY) Legislative Permits
I I General Plan Amendment
(FOR DEPT. USE ONLY)
I I Local Coastal Program Amendment (*)
I I Master Plan Q Amendment
I I Specific Plan Q Amendment
0 Zone Change (*)
1 I Zone Code Amendment
South Carlsbad Coastal Review Area Permits
I I Review Permit
I I Administrative O Minor Q Major
Villaae Review Area Permits
I—I n Review Permit I I Special Use Permit •—, ,—, •—, I I Administrative | j Minor | | Major
0 Tentative Parcel Map (Minor Subdivision)
1 I Tentative Tract Map (Major Subdivision)
I I Variance Q Minor
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
(*) = eligible for 25% discount
ASSESSOR PARCEL NO(S).: 216-030-51,67,69
PROJECT NAME: CalTrans Right-of-Way Slope Repair
BRIEF DESCRIPTION OF PROJECT: Solve the Erosion problem on the North portion of the Chevron site. Construct a new retaining wall and install a new down pipe.
BRIEF LEGAL DESCRIPTION' That portion of lot 1, map of Avocado acres no. 3, in the County of San Diego, Ca. as shown on map no. 2063 instrument no. 2008-0257691
LOCATION OF PROJECT:
ON THE: East
540 La Costa Ave.
STREET ADDRESS
SIDE OF 1-5 Freeway
(NORTH, SOUTH, EAST, WEST)
BETWEEN 1-5 Freeway
(NAME OF STREET)
AND La Costa Ave.
(NAME OF STREET) (NAME OF STREET)
p-1 Page 1 of 6 Revised 12/13
OWNER NAME (Print): Chevron USA APPLICANT NAME (Print): Stantec Architecture
MAILING ADDRESS: 145 S. State College, suite 400
CITY, STATE. ZIP: Brea. CA 92822
MAILING ADDRESS: 19 Technology Drive, suite 200
CITY. STATE. ZIP: Inline. CA 92618
TELEPHONE: (714)671-3499 TELEPHONE: (949)923-6903
EMAIL ADDRESS: jeff.vanriper@chevron.eom EMAIL ADDRESS: Ian7.tidball@stantec.e0m
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS^WUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, /y/^
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER
Al«* THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST ftp MY KNOWLEDGE.
SIGNATURf' if}M,^>^J^y^ SIGNATURE DATE
APPLICANTS REPRESENTATIVE (Print): Stantec Architecture, Lan7 Tidball
MAILING ADDRESS: 19 technology Drive, suite 200
CITY.STATE.ZIP: In/ine, CA92618
TELEPHONE: (949) 923-6903
EMAIL ADDRESS: lany.tidball@stantec.eom
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE
APFlLlCANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO /THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE Witf TO HIS PRQfiERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND^NYfiUCCESS£?(^l« INTEREST.
FOR CITY USE ONLY
RECEIVED BY:
P-1 Page 2 of6 Revised 11/12
DISCLOSURE Development Services
STATEMENT Planning Division
^ CITY OF
CARLSBAD P-1(A) 1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part ofthe City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Not»:
P9t^n )s delved sa9 i^lykH^-Sitli
orgartization, corpc^tfon, trq«^, rtf
city muhieipabfy, distrfctorofliar pdltleat
,<1n im and ianyother counly, <stfyiuvi ocmntyt
avn&r^Hiiip or connolnatton 4cflng as a i|inlti*
Agents may «ign 4hi« document, hcwvevar, iHe Idgit nari4» and antiiy of tiie ap(>licant and properfy owner
1. APPLICANT (Not the applicant's agent)
Provide the COIVIPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of ali individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may^e attached if necessary.)
Person.
Title
ecessc
Corp/Part_
Title
Address_ Address
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELpyy. If a publiclv-owned corporation, include the names, titles, and
addresses pfihg corpQtgte officers. (A separate page may be attached if necessary.)
Person
Title ///k6/S
Corp/Part_
Title
Address 67itf7r(2auJ^S-6n/V. Address.
P-1 (A) Page 1 of 2 Revised 07/10
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit oraanization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust N/A Non Profit/Trust '"^ /A
Title M/A Title M/A
Address Address M/A
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?
I I Yes ^ No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify th^rt^ll the above information is true and correct to the best of my knowledge.
Sigriajture of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signj^ure of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1 (A) Page 2 of 2 Revised 07/10
stantec Architecture Inc.
19 Technology Drive, suite 200
In/ine, CA 92618
Stantec
DISCLOSURE STATEMENT - FORM P-1 (A)
1. Applicant
Stantec Architecture Inc. is a publicly-owned corporation. Below please find the names, titles, and addresses
ofthe corporate officers:
Bob Gomes
President, CEO
10160-112 Street
Edmonton AB CAT5K2L6
bob.gomes(5)stantec.com
Phone: (780) 917-7077
Rich Allen
Senior Vice-President, Chief Operation Officer
303 Congress Street, Sth Floor
Boston MA US 02210
rich.allen@stantec.com
Phone: (617) 654-6050
Fax: (615) 499-7150
Dan Lefaivre
Chief Financial Officer
10160-112 Street
Edmonton AB CAT5K2L6
Dan.lefaivre(5)stantec.com
Phone: (780) 917-7022
Toll free: 1-866-782-6832
Fax: (780) 969-2030
Paul Alpern
Vice-President, General Counsel
10160-112 Street
Edmonton AB CAT5K2L6
paul.alpern(5)stantec.com
Phone: (780) 917-7022
Toll free: 1-866-782-6832
Fax: (780) 969-2030
^ CITY
CARLSBAD
O F
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 FaradayAvenue
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 Pennanent Storm Water Best Management
Practices (BMP's) into the project design per the City's Standard Urban Stonnwater Management Plan (SUSMP). To
view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.qov/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
stonn 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
stomi water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.
City staff has responsibility for making the final assessment after submission of the development application. If staff
detennines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the retum 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 tlie instructions. When completed, sign the form at ttie end and submit
this with your application to the city.
mmmt - ... NEWDEVEWRMENT . . ... H,^^ • i
Does your project meet one or more of the following criteria: YES NO
1. Housina subdivisions of 10 or more dwellina units. Examples: sinqle familv homes, multi-family homes,
condominium and apartments X
2. Commercial - areater than 1-acre. Anv develooment other than heavy industrv or residential. Examples: hospitals;
latx)ratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial
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.
X
3. Heaw Industrial / Industrv- areater than 1 acre. Examples: manufacturinq plants, food processinq olants, metal
working facilities, printing plants, and fleet storage areas (bus, truck, etc.). X
4. Automotive repair shop. A facilitv cateoorized in any one of Siandard Industrial Classification (SIC) codes 5013,
5014. 5541, 7532-7534, and 7536-7539 X
5. Restaurants. Any facilitv that sells prepared foods and drinks for consumption, including stationarv lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the
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
requiremenis and hydromodification requirements.
X
E-34 Page 1 of 3 REV 1/14/11
^ CITY
CARLSBAD
O F
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carisbadca.gov
6. Hillside deveiopment Anv development that creates more than 5.000 souare feet of impervious surface and is
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 greater. X
7. Environmentallv Sensitive Area (ESA)\ All development located within or directiv adiacent^ to or discharqinq
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 ofa proposed project site 10% or more of its naturally occurring condition.
X
8. Parkina lot Area of 5,000 souare feet or more, or with 15 or more parkinq spaces, and potentially exposed to urban
runoff \
9. Sfreefs. roads, hiahwavs. and freewavs. Anv paved surface that is 5.000 square feet or qreater used for the
transportation of automobiles, trucks, motorcycles, and other vehicles K
10. Retail Gasoline Outlets. Servinq more than 100 vehicles per dav and creator than 5.000 square feet X
11. Coastal Development Zone. Anv proiect located within 200 feet of the Pacific Ocean and (^) creates more than
2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. X
12. More than 1-acre of disturbance. Proiect results in the disturbance of 1-acre or more of land and is considered a
Pollutant-generating Development Project*. X
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 Dlego 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 Multl Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copemiittees.
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.
4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects
that contribute lo an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping
areas that require njutine use of fertilizers and pesticides. In most cases linear pathway projects that are fbr infrequent vehicle use, such as emergency or maintenance
access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if tiiey sheet flow to
sun'ounding pervious surfaces.
INSTRUCTIONS:
Section 1 Results:
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 follow the instructions.
E-34 Page 2 of 3 REV 1/14/11
^ CITY
CARLSBAD
O F
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carisbadca.gov
SECTION i SIGK|FICANT<REDJ^J^|jig[pMEljT
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 *? X
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 requirements" box in Section 3 below.
2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X
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
pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying 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
more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of
existing impervious surfaces inciudes any activity that is not part of routine maintenance where impervious material(s) are
removed, exposing underlying soil during construction.
X
INSTRUCTIONS: If you answered YES, you ARE a significant 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
'Qt/ESTlOfjHA'ftpjt|SULTg
Q 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 part ofthese requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box This Box for aty Use Only
Address: Assessor's Parcel Number(s):
2lG^3of6
Applicant Name: Applicant Title:
Apf licant Signalure: Date: , / ,
City Concurrence:
By:
YES NO
Project ID:
E-34 Page 3 of 3 REV 1/14/11
CITY OF
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carisbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Govemment Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, 1 have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
13 The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
I I The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: ST^^vjcc- Arc/ti jgcA'rc.
PROPERTY OWNER
Name:
Address: 1*^ Tcckmolo^ ^vJt. ^:tX*^2.00 Address:.
^^iVv^^ C^ SuJzHOO firmer G4r?^gaa
Phone Number: Phone Number:
Address of Site: 5^0 LQ (^JQ. AVO ^ T^OO'^ifeo ^ZOZH-
Local Agency (City and County):
Assessor's book, page, and parcel number: A^M •Z.IG • 76
Specify list(s):
Regulatory Identification Number:,
Date of List:
Applicant Signature/Date
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 of 2 Revised 02/13
HAZARDOUS WASTE Development Services
CITY OF A AND SUBSTANCES Planning Division
CARLSBAiy STATEMENT
P-1(C)
1635 Faraday Avenue
(760) 602-4610
www.carisbadca.gov
Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occunred related to web-based infonnation access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate infomnation resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control ^
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm ^^"^^
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/ '--^
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh \y
Hazardous Materials Division
www.sdcountv.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm u--
P-1 (C) Page 2 of 2 Revised 02/13
^ EIA INFORMATION ,
FORM Planning Division
CITY OF p 4(r\\ 1635 FaradayAvenue
r^ARI ^RAH '^'*\"l (760)602 4610
V^rAl\l-.OD/*L/ www.carisbadca.gov
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e.. Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 19 of Carisbad's
Municipal Code. The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are
necessary to substantiate a "no impact" or "yes impact" determination should be
submitted as an attachment to this Environmental Information Form. This is especially
important when a Negative Declaration is being sought. The more information provided in this
form, the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form - Initial Study.
P-1(D) Page lof 4 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: 5~ 13~ (To be completed by City)
Application Number(s): fllQp i?^- I \
General Information
1. Name of project:
2. Name of developer or project sponsor:
Address:
City, state. Zip Code: hrto^ CA ^2&2Z
l^'hone Number: LlN)Gfl-3W
3. Name of person to be contacted concerning this project:
Address: Tt^Ano/oQM 'hriOt , SiyuMi 20Q
City, State, Zip Code: JJY^IA<^ J CA
Phone Number:
4. Address of Project:
Assessor's Parcel Number: 2.1 S - ^'
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: •Scg'^iC \licoJ C/)rr\Acy
7. Existing zoning district:
VSC
8. Existing land use(s
9. Proposed use of site (Project for which this form is filed): ^^^TrOn i^i LL hi?rL
Project Description
10. Site size: ^^.2-30 -S^.-T. (f/.5 <?^^jr)
11. Proposed Building square footage:
12: Number of floors of construction: N/A
13. Amount of off-street parking provided:
14. Associated projects:
P-1(D) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes : Ai/A-
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
p-1 (D) Page 3 of 4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checlced yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • •
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or •
roads.
22. Change in pattern, scale or character of general area of project. • j3
23. Significant amounts of solid waste or litter. D Kl
24. Change in dust, ash, smoke, fumes or odors in vicinity. • Kl
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • Kl
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. • |S
27. Site on filled land or on slope of 10 percent or more. D 1^
28. Use of disposal of potentially hazardous materials, such as toxic substances, • Kl
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, • ^
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • ^
31. Relationship to a larger project or series of projects. D ^
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including infonnation on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my kno\f ledge an/l belief.
Date: Signature:
For: ^n^^Sfp^ --4^^<f^nP^/tr~
p-1 (D) Page 4 of 4 Revised 07/10
PROJECT Development Services
DESCRIPTION Planning Division
^ CITY OF P-1(B) 1635 Faraday Avenue
CARLSBAD
P-1(B) (760) 602-4610
www.carlsbadca.gov
PROJECT NAME: OlOlim] ^mCL Mdl]^)] ' , EnUnit^/Ar
APPLICANT NAME: Q^VrOn
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(B) Page 1 of 1 Revised 07/10
stantec Consulting Services Inc.
19 Technology Drive Suite 200
Irvine CA 92618-2334
Tel: (949) 923-6000
Fax: (949) 923-6121
Stantec
March 19, 2013
File: 2007001008
City of Carisbad Planning Division
1635 FaradayAvenue
Carisbad, CA 92008
RE: Chevron Service Station #9-5664 - 1'' Submittal
540 La Costa Ave.
Encinitas, CA 92024
• Project Description P-1 (B)
1. Existing Conditions.
The project site is fully developed as a Chevron Service Gas Station with a 3,128 sq. ft. convenience
store, 2,833 sq. ft. canopy with 6 fueling dispensers, 4 underground storage tanks, trash enclosure,
landscaping, and 16 parking spaces including on van accessible space. The site is fully paved except for
the landscape area of 26,608 sq. ft. that constitutes 46.3% ofthe entire site.
The site is bounded on the west by vacant and commercial nursery business. The east side of the site is
bounded by the 1-5 Freeway. There is a park-and-ride commuter lot located on the east side of the
freeway, approximately 550 feet from the site. The northern portion of the site slopes downward towards
the 1-5 freeway right-of-way. The Batiquitos Lagoon is located approximately 1,275 feet away to the
northwest. The bird refuge area located at the eastern lagoon is approximately 925 feet east of the site,
on the opposite side of 1-5. To the south of the site, across La Costa Avenue, are single family
residences.
2. Surrounding Conditions.
This site is located immediately adjacent to the southbound exit from the Interstate 5 Freeway, at the
northern end of the City of Encinitas. This site is zoned Visitor Serving Commercial. La Costa Avenue
crosses the freeway on an overpass, providing access to Coast Highway and business areas to the west,
as well as to residential areas to the east of the freeway. The existing layout of the facility has the
dispensers on the front of the site and the convenience store building located to the rear of the site, with
parking along the front of the building.
3. Project/ Parcel history.
Chevron Products Company finished remodeling and reconstructing the existing service station in 2007.
A Major Use Permit, Design Review Permit and Coastal Development Permit were granted by the City of
Encinitas Planning Commission on June 15"' 2006 with the Resolution No. PC 2006-31
stantec
Stantec JN: 2007001008
Page 2 of 4
Reference: Chevron SS#9-5664 @ 540 La Costa Ave., Encinitas, CA
4. Project Design.
When the Chevron site was redeveloped in 2006-2007 a part of the design included a bio-swale for the
on-site treatment of storm water prior to discharge from the site. Water from this site has historically
flowed off of the site towards the north. Subsequent to the construction of this site, a series of major
storm events in late 2010 caused the bio swale to spill water off of the site, per its design intent. The
resulting flows caused erosion of the unstable slope below on the property owned by the State of
California (Caltrans). On February 1, 2011 the State Department of Transportation issued a letter to
Chevron advising them of this situation and requesting that Chevron install a down pipe to transmit the
flows to the bottom of the slope.
Since eariy 2011 Chevron has been proceeding with design and permitting with Caltrans to install the
down pipe and other corrective measures. However in eariy April 2012, Caltrans Archeology Department
contacted Chevron and scheduled a meeting to discuss the proposed design. Caltrans archeologist then
informed Chevron that the slope and most of the Chevron site were under what they considered a
sensitive area and the down pipe proposed design was not acceptable by them and we had to find a
different solution for the site drainage. So on April 18*'' after a meeting at the City of Encinitas with
Caltrans, Stantec, Chevron, City of Encinitas Staff and City of Carisbad Staff; it was determined that due
to previously discovered archeological resources located on the slope north of the Chevron site, at the
base of the slope, and along the road cut for the SB 1-5 off-ramp to the east of the Chevron site that these
areas should be avoided in any work to resolve the slope erosion. Also an archeological field survey
report was requested to provide an assessment of current conditions at prehistoric Native American
archaeological site CA-SDi-603 (which includes the Chevron site) in an area of recent gully erosion.
So based on this preliminary feedback from Caltrans archeology and drainage staff it has been
determined that a pump station located at the end of the bio swale will be required. This will allow the site
run off to be treated by the bio swale, but not to allow this water to run down the slope behind the site.
The pump station will collect the water into a vault set back from the edge of the slope, and periodically
pump this water back to the front of the site and ultimately discharge this into the Caltrans storm drain
inlet on La Costa in front of the site and ultimately discharge this into the Caltrans storm drain inlet on La
Costa in front of the Chevron Station. Caltrans has indicated that they will accept this discharge at this
location pending their approval of their final encroachment permit. The routing of this pipe on the westeriy
side of the Chevron site avoids sensitive areas on the Caltrans ROW to the east of the site.
In order to stabilize the slope on Caltrans property, and to protect the on-site bio-swale Chevron has
proposed a design with a retaining wall near the limits of their property. This wall will allow for the stable
backfilling ofthe Chevron site and landscaping maintaining that slope. The current erosion gully will be
backfilled to approximate the natural contours of the slope. The majority of the retaining wall will be
covered by this back filling process. The upper 3'-4'' feet of the wall will remain exposed. This is a
concrete wall, and this will be painted a tan color to match the existing exposed soils. The Caltrans slope
below the wall will be reseeded with the Cal Trans plant mix as detailed on the erosion control plan sheet
6 of 10. The Chevron site will have the originally approved landscaping restored after the completion of
the slope repairs, and wall installation.
Due to the poor soils conditions a convention retaining wall is not possible. The wall to be built will have
pile supports founded deep into the slope to prevent future movement. No existing trees on the Caltrans
property will be removed for the construction of this project.
(Copy of Caltrans letter to Chevron dated 2/1/2011 is attached)
stantec
stantec JN: 2007001008
Page 3 of 4
Reference: Chevron SS#9-5664 @ 540 La Costa Ave., Encinitas, CA
5. View Preservation
All views will be maintained on adjacent properties. The construction of the retaining walls will not affect
the views from adjacent properties as the top of the wall is below the site line from the adjacent property
to the west of the Chevron site. The area of the erosion is generally screened from views from 1-5 to the
north and east of the Chevron site. Due to the orientation of the slope (towards the NNW) the gully is not
generally visible from the 1-5 ROW due to the projecting hillside between this gully and the freeway. The
bottom of the slope contains a number of large trees that also screen the area where the work will be
performed. These trees will not be removed. From a very narrow view angle a portion of the retaining
wall may be visible from the public right of way. The exposed upper portion of the wall will be painted to
match the natural soils of the adjacent slope. The slope will also be planted with a mix of native shrubs
and plants selected by Caltrans, these plantings will provide additional screening of the retaining wall.
See the enclosed aerial photos for a depiction of the area involved.
APPLICANT'S STATEMENT OF JUSTIFICATION:
USE PERMIT REQUIREMENTS:
1. The location, size, design and operations of this proposed redevelopment will not be
incompatible with and will not adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural resources, with consideration
given to, but not limited to:
(a) The adequacy of public facilities, services, and utilities to serve the proposed project;
(b) The suitability for the site for the type and intensity of use or development which is
proposed; and
(c) The harmful effect, ifany, upon environmental quality and natural resources ofthe City; or
The proposed construction of an underground pump station at the end of the existing bio swale and
the a retaining wall along the northern property line of this existing service station will not be
detrimental to the adjacent uses, residents, or natural resources. This proposed project plans to stop
the existing erosion caused by the existing storm drain system by building a pump station at the end
of the bio swale outlet which will collect the water into a vault set back from the edge of the slope, and
periodically pump this water back to the front of the site into the Caltrans storm drain inlet.
(a) There are adequate public facilities, services and utilities to serve the proposed uses. However,
no changes are anticipated with this project.
(b) The project proposed is well below the limits for intensity of use and development size. This site
provides significantly more landscaping than is required and has significantly larger setbacks
than are required. Adequate parking and onsite circulation are provided for in the existing
design. No changes with this project.
(c) Any potential harmful effects upon environmental quality and natural resources will be mitigated
by the measures included in this permiL
TTie impacts ofthe proposed project will not adversely affect the policies ofthe Encinitas
General Plan or the provisions ofthis code; or
stantec
stantec JN: 2007001008
Page 4 of 4
Reference: Chevron SS#9-5664 @ 540 La Costa Ave., Encinitas, CA
The uses proposed are constant with the Visitor Serving Commercial Zone and the General Plan, and
the proposed project complies with all applicable requirements ofthe zoning code.
3. The project complies with all other regulations, conditions, or policies imposed by this code.
Storm Water Quality:
This site was recently constructed (2007) and is in compliance with the required BMP's. This proposed
project is just to correct an erosion problem on the adjacent Caltrans property. Treated flows from the
Chevron site are causing erosion on the Caltrans property. This project will address this issue by collecting
the water into a vault and pumping it to the front of the site and discharging the water into the Caltrans storm
drain inlet on La Costa in front of Chevron station.
The project complies with all other regulations, conditions, or policies imposed by the zoning code.
Please contact me at (949) 923-6078, if you have any questions or need further information in order to
process this application promptly. Thank you in advance for your assistance.
Respectfully,
STANTEC CONSULTING SERVICES INC.
Mariana Bacellar Ahmadi
Assistant Project Manager
Tel: (949) 923-6078
Fax: (949) 923-6190
mariana.bacellarahmadi@stantec.Gom
Attachments:
mcb document2
^ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 FaradayAvenue
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.carisbadca.qov/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 ofthe 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.
$ECT<ON1 NEWlSiiSiSPMSNT . . .
Does your project meet one or more of the following criteria: YES NO
1. Housina subdivisions of 10 or more dwellina units. Examples: sinqle family homes, multi-family homes,
condominium and apartments X
2. Commercial - areater than 1-acre. Anv development other than heavv industrv or residential. Examples: hosoitais:
laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial
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.
X
3. Heaw Industrial 1 Industrv- areater than 1 acre. Examples: manufacturino olants. food orocessina plants, metal
working facilities, printing plants, and fleet storage areas (bus, truck, etc.). X
4. Automotive repair shop. A facilitv cateoorized in anv one of Standard Industrial Classification (SIC) codes 5013.
5014, 5541, 7532-7534, and 7536-7539 X
5. Restaurants. Anv facilitv that sells oreoared foods and drinks for consumotion. includina stationarv lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the
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 hydromodification requirements.
X
E-34 Page 1 of 3 REV 1/14/11
CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
6. Hillside development Anv development that creates more than 5,000 square feet of impervious surface and is
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 greater. X
7. Environmentallv Sensitive Area (ESA)\ All development located within or directiv adiacent^ to or discharqing
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.
X
8. Parkina lot Area of 5.000 sauare feet or more, or with 15 or more oarkina soaces, and ootentialiv exposed to urban
runoff K
9. Streets, roads, hiahwavs. and freewavs. Anv oaved surface that is 5,000 sauare feet or areater used for the
transportation of automobiles, trucks, motorcycles, and other vehicles X
10. Retai/ Gasoline Outlets. Servina more than 100 vehicles oer dav and areater than 5,000 sauare feet X
11. Coastal Development Zone. Anv oroiect located within 200 feet of the Pacific Ocean and (1) creates more than
2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. X
12. Afore than 1-acre of disturbance. Proiect results in the disturbance of 1-acre or more of land and is considered a
Pollutant-generating Development Project''. X
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 County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copennittees.
2 "Directly adjacent" means situated within 200 feet ofthe 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.
4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects
that contribute to an exceedance 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 pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to
surrounding pervious surfaces.
INSTRUCTIONS:
Section 1 Results:
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 follow the instructions.
E-34 Page 2 of 3 REV 1/14/11
^ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
SECTIONS, . , mmcmnmw^fAmt -r^i ' [y .__{'i:?^:Mi^lc^ '
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 *? X
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 requirements" box in Section 3 below.
2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X
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
pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying 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
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 underlying soil during construction.
X
INSTRUCTIONS: If you answered YES, you ARE a significant 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
SECTION 3 QUESTIONNAIRE RESULTS
• 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 part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box This Box lor City Use Only
Address: Assessor's Parcel Number(s):
21G 050 1 6
Applicant Name: Applicant Title:
Apflicant SignalLre: ""'Hlilli,
City Concunence:
By:
YES
1 TtcJL 0^-^^
NO
Project ID:
COP 13 -II
E-34 Page 3 of 3 REV 1/14/11
city of Carlsbad
Faraday Center
Faraday Cashiering 001
1504901-2 02/18/2015 149
Wed, Feb 18, 2015 04:50 PM
Receipt Ref Nbr: R1504901-2/0041
PERMITS - PERMITS
Tran Ref Nbr: 150490102 0041 0055
Trans/Rcpt#: TOOO135013
SET #: S000004047
Amount: 1 H $2,098.00
Item Subtotal: $2,098.00
Item Total: $2,098.00
1 ITEM(S) TOTAL: $2,098.00
Check (Chk# 00011473) $2,098.00
Total Received: $2,098.00
Have a nice day!
**************CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: STANTEC ARCHITECT
Set Id: S000004047 / Tmp set/Initialized Projects
Description Amount
CDP15004 856.00
HDP15001 1,242.00
Total: 2,098.00
Receipt Number: R0107215 Transaction ID: T000135013
Transaction Date: 02/18/2015
Pay Type Method Description Amount
Payment Check 11743 2,098.00
Transaction Amount: 2,098.00
(J stantec Stantec Architecture Inc.
38 Technology Drive, Suite 100, Irvine CA 92618-5312
December 2, 2014
File: 2007001008
DEC 0 3 ZOU
City of Carlsbad Planning Department
1635 Fradoy Avenue
Carlsbad, CA 92008
Attn: Pam Drew
RE: Chevron Service Station #9-5664
540 La Costa Ave.
Encinitas, CA 92024
A. Project: Purpose, Need, and History
Purpose: The project purpose is to stabilize erosion occurring on a natural slope that exists
largely on CalTrans owned property to the North the existing Chevron service station.
This submittal addresses archeological concerns related to the previously proposed design by
changing the project design to minimize impacts on resources in the area around the Chevron
site.
Need: The project is needed to comply with an order issued by CalTrans to correct the erosion
problem. The project is also needed so that continuing erosion of the slope does not disturb
archeological resources on the CalTrans owned property. Also the continued erosion of the
Chevron site could damage and render inoperative the bio-filtration swale on the Chevron
site resulting in the discharge of untreated waters off of the Chevron site,
History: The Chevron site is bounded on the west by vacant land and commercial nursery
business, The east side of the site is bounded by the 1-5 Freeway and the Southbound La Costa
off ramp. The Batiquitos Lagoon is located approximately 1,275 feet away to the north and
northwest. The area to the North of the Chevron site is located within the City of Carlsbad. To
the south of the site, across La Costa Avenue, are single family residences.
Chevron Products Company finished remodeling and reconstructing the previously existing
service station in 2007. A IVIajor Use Permit, Design Review Permit and Coastal Development
Permit were granted by the City of Encinitas Planning Commission on June 2006 with the
Resolution No. PC 2006-31
When the Chevron site was redeveloped in 2006-2007 a part of the design included a bio-
swale for the on-site treatment of storm water prior to discharge from the site. Water from this
site has historically flowed off of the site towards the north and eventually into the lagoon.
Design wifh community in, mind For a list of our registered architects, piease visit www.stantec.com/registeredarchitects
(3
December 2, 2014
Pam Drew - City of Carlsbad
Page 2 of 5
Reference: Chevron 540 La Costa, Encinitas, CA
Subsequent to the construction of this site, a series of major storm events in late 2010 caused
the bio swale to spill water off of the site, per its design intent. The resulting flows caused
erosion of the unstable slope below on the property owned by the State of California
(CalTrans). On February 1, 2011 the State Department of Transportation issued a letter to
Chevron advising them of this situation and requesting that Chevron install a down pipe to
transmit the flows to the bottom of the slope.
Since early 2011 Chevron has been proceeding with design and processing applications with
Caltrans, The City of Encinitas and The City of Carlsbad to permit repairs to the Chevron site to
resolve this drainage issue.
A prior proposal included collecting the water at the bio swale and pumping this water via
underground pipes to the Cal Trans owned catch basin at the front of the Chevron site, near
the SB 1-5 off ramp. After submitting this proposal Chevron learned of additional
archeological resources that led them to re-evaluate the project direction. Four options were
then looked at to determine the option with the least impact on these resources. Option # 1
included running a pipe on the Western side of the Chevron site to this catch basin. Option #2
included running a pipe on the Eastern side of the Chevron site to this catch basin, Option #3
became the preferred option and is the proposed design, with a down pipe located in the
current erosion gully, and the 4^^ Option was to run a down pipe elsewhere on the CalTrans
slope to the north of the Chevron site.
Options # 1 and # 2 were least preferred due to the known presence of archeological
resources in these areas. Option #4 would have disturbed a new area with unknown but
suspected resources, but would have either required placing the pipe on the surface where it
would be visible from 1-5, or burying the pipe and risking impacting archeological resources.
After initial review and archeological survey of the area. Option # 3 appeared to have the
least potential for impacts, and further studies were conducted. After consultation with the
property owner (CalTrans), the City of Carlsbad, and the Native American representatives, an
extended Phase I archeological investigation was conducted to determine if the proposed
project could be constructed with the least impacts on the area.
Following this investigation, a report was prepared for review by the Native Americans and
CalTrans, Based on the findings of this report Chevron has selected Option #3 as the
preferred option for submittal to the Cities of Encinitas, Carlsbad and CalTrans for approval to
complete this work, This report has been approved by CalTrans and the Native American
representatives.
a. Elements of the Project Design.
Design with community in mind
December 2, 2014
Pam Drew - City of Carlsbod
Page 3 of 5
Reference: Chevron 540 La Costa, Encinitas, CA
i. Site Plan
The Site Plan depicts the Chevron Site, the La Costa ROW to the South of the site, the 1-5 off
ramp to the East of the site, and a portion of the CalTrans owned slope to the North of the
Chevron site. The existing service station improvements including; a fueling canopy, parking
and a convenience store area shown on the Site Plan, The Site Plan also shows the existing
Bio-Swale in the landscaped area at the North portion of the site.
The new improvements on the Chevron site include a retaining wall set back approximately 8
feet from the Chevron northerly property line. This wall will stabilize the top of the slope on the
Chevron property and allow the bio swale to continue to function properly by protecting this
area from further erosion. A down pipe from the bio swale will be run underground though
the base of the wall, and then run exposed within the bottom of the erosion gully until the
ground flattens out and the pipe will terminate at a dissipater.
ii. Strom Drain Plan
The down pipe will be installed within the erosion gully for 2 reasons. This position will screen the
pipe from view, and this area is highly disturbed already. The pipe will be anchored to the
slope via driven soil anchors, so as to avoid additional disturbance of the soils with
excavations. The route of the pipe and the dissipater location have been surveyed and
sampled during the extended Phase I Archeological study to confirm that this area has a low
likelihood of containing significant resources that effected by the low impact construction
planned. No heavy equipment will be used to install the pipe or dissipater. All work will done
with hand tools and access for this work will be from the Chevron site at the top of the slope.
iii. Grading Plan including retaining wall
The Grading Plan depicts the grading necessary to stabilize the erosion on the slope at the
north end of the Chevron site. No re-grading of the hillside slope within the CalTrans ROW will
occur. Work with large equipment necessary to bench and grade a stable filled slope would
have a large impact on the area and was deemed as undesirable to disturb large area that
currently remain intact.
Areas of the slope that were disturbed by erosion have naturally reseeded with native
materials, and where needed would be hydroseeded with a native mix per CalTrans
specifications.
In order to stabilize the slope above the Caltrans property and to protect the on-site bio-swale.
Design with community in mind
December 2, 2014
Pam Drew - City of Carlsbad
Page 4 of 5
Reference: Chevron 540 La Costa, Encinitas, CA
Chevron has proposed a design with a retaining wall set back approximately 8 feet onto their
property. This wall will allow for the stable back filling of the Chevron site and landscaping
maintaining that slope. This is a concrete wall, and this will be painted a tan color to match
the existing exposed soils.
Due to the poor soils conditions a conventional retaining wall is not possible. The wall will have
drilled pile supports founded deep into the slope to prevent future movement. No driven piles
will be used.
All views will be maintained on adjacent properties. The construction of the retaining walls will
not affect the views from adjacent properties as the top of the wall is below the site line from
the adjacent property to the west of the Chevron site. The area of the erosion is generally
screened from views from 1-5 to the north and east of the Chevron site. Due to the orientation
of the slope (towards the NNW) the gully is not generally visible from the 1-5 ROW due to the
projecting hillside between this gully and the freeway. The bottom of the slope contains a
number of large trees that also screen the area where the work will be performed. These trees
will not be removed. From a very narrow view angle a portion of the retaining wall may be
visible from the public right of way. The exposed upper portion of the wall will be painted to
match the natural soils of the adjacent slope.
iv. Landscape Plan
The Caltrans slope below the wall will be reseeded with the Cal Trans native plant mix. The
Chevron site will hove the originally approved landscaping restored after the completion of
the slope repairs, and the wall installation. Since all construction access will be from the
Chevron site it is expected that the construction access areas, and the bio swale will have all
the landscaping refurbished back to the originally approved landscape plans.
No existing trees on the CalTrans property will be removed or trimmed for the construction of
this project,
v. Limits of work within each jurisdiction.
An exhibit depicting the location of the work within each governing jurisdiction is attached to
this letter.
Design with community in mind
December 2, 2014
Pam Drew - City of Carlsbad
Page 5 of 5
Reference: Chevron 540 La Costa, Encinitas, CA
The slope area north of the Chevron site is state owned lands (CalTrans) and is located
within the City of Carlsbad. Work in this area consists of installation of the down pipe,
and dissipater.
The Chevron site is located in the City of Encinitas. Work in this area includes:
installation of the retaining wall, backfilling behind the wall, a portion of the down
pipe, access to the work areas, and restoration of landscaping.
Please contact me at (949) 923-6903, if you have any questions or need further information in
order to process this application promptly. Thank you in advance for your assistance.
Respectfully,
STANTEC ARCHITECTURE INC.
Larry Tidball
Project Manager
Tel: (949) 923-6078
Fax: (949) 923-6190
LARRY.TI DB ALL@STANTEC .COM
It documentl
Design with community in mind
Order NiiTOer: NCS-521651-SD
Page Number: 1
First American Title Insurance Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
January 09, 2012
Jennifer Yip
CBRE I Global Corporate Services
6001 Bollinger Canyon Road,, L1193-B4
San Ramon, CA 94583
Phone: (925)842-3738
Fax: (925)842-1250
Custonner Reference: 95664
Title Officer:
Phone:
Fax No.:
E-Mail:
Ralph Snyder/ Vince Tocco
(858)410-3886
(877)461-2094
titleteam20@firstam.com
Buyer:
Property:
Chevron USA
540 La Costa Avenue, Encinitas, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as ofthe date hereof, a Poiicy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or refen-ed to as
an Exception below or not exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exdusions from the coverage and Limitations on Covered disks of said policy or policies are set forth in Exhibit A
attached. Tlie policy to be Issued may contain an arbitration clause. Wlien the Amount oflnsurance is less than that set lorth in ffie
arbitration clause, all arbitrabie matters shall be arbitrated at ffie option of either the Company or ffie Insured as the exclusive remedy ofthe
parffes. Umitations on Covered Risics applicable to the CLTA and ALTA Homeowner's Polides of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Uability for certain coverages are also set fbrth in Exhibit A. Copies ofthe policy forms should be
read. They are available from the office which issued this report.
Piease read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exiiibit A of tliis
report carefully. Tlie exceptions and exciusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance poiicy and should be carefully considered.
It is important to note that this preiiminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting titie to the land.
First American TItJe Insurance Company
Order NuTTBer: NCS-521651-SD
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 no 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 Insurance Company
Order NunTCer: NCS-521651-SD
Page Number: 3
Dated as of January 3, 2012 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
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:
Chevron U.S.A. Inc., a corporation
The estate or interest in the land hereinafter described or referred to covered by this Report: is:
Fee Simple
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 2012-2013, a lien not yet due or
payable.
2. General and spedal taxes and assessments for the fiscal year 2011-2012.
First Installment: $13,466.63, PAID
Penalty: $1,346.66
Second Installment: $13,466.63, PAYABLE
Penalty: $1,356.66
Tax Rate Area: 19119
A. P. No.: 216-030-76-00
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. An easement for sewer, water, gas mains, poles, wires and incidental purposes in the document
recorded April 02, 1942 as Book 1328, Page 352 of Official Records.
The location of the easement cannot be determined from record information.
The right of others to use said easement as conveyed or reserved in various other instruments of
record
5. Abutter's rights of ingress and egress to or from interstate 5, adjacent have been relinquished in
the document recorded October 31,1960 as Instrument No. 215375 of Official Records.
First American Title Insurance Company
N^^ei ^ Order NiJfflBer: NCS-521651-SD
Page Number: 4
6. An easement for driveway and incidental purposes, recorded March 03,1961 as Instrument No.
37959 of Official Records.
In Favor of: Laddie D. PottoriT et al
Affects: As described, therein
7. The terms, provisions and easement(s) contained in the document entitled "Agreement
Respecting Connection to Sanitary Sewer System and Temporary Disposal System" recorded
March 03, 1961 as Instrument No. 39203 of Offidal Records.
8. A lease dated November 01,1963, executed by Walter J. Hoehn and Emma 0. Hoehn, husband
and wife and Laddie D. PottoriT and Eleanor L. PottoriT, husband and wife as lessor and Standard
Oil Company of California as lessee, recorded June 29,1966 as Instrument No. 106827 of Official
Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not
shown by the public records.
9. An easement for public right-of-way and incidental purposes, recorded August 22, 1995 as
Instrument No. 1995-0370258 of Offidal Records.
In Favor of: The City of Carisbad, a munidpal corporation
Affects: As described therein
10. An easement for public highway and inddental purposes, recorded October 1, 2007 as
Instrument No. 2007-0637420 of Offidal Records.
In Favor of: The City of Endnitas
Affects: as described therein
The grantor hereby further grants to the City of Encinitas the privilege and right to extend
drainage structures and excavation and embankment slopes beyond the limits of the herein
described right-of-way where required for the construction and maintenance of said City
highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all
damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by
reason of the location, construction, landscaping or maintenance of said highway.
11. The terms and provisions contained in the document entitled "Private Storm Water Treatment
Maintenance Agreement" recorded October 1, 2007 as Instrument No. 2007-0637421 of Offidal
Records.
12. The terms and provisions contained in the document entitled "Encroachment Maintenance and
Removal Covenant Encroachment Pennit No. 0483-PE" recorded October 1, 2007 as Instrument
No. 2007-0637422 of Offidal Records.
13. The terms and provisions contained in the document entitled "Encroachment Maintenance and
Removal Covenant Encroachment Pennit No. 0684-PE" recorded October 1, 2007 as Instrument
No. 2007-0637423 of Official Records.
14. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of
San Diego County, recorded November 3, 2009, as Instrument No. 2009-0613057 of Offidal
Records.
First American Title Insurance Company
Order NiMber: NCS-521651-SD
Page Number: 5
Debtor:
Year 8i No.
Amount:
Chevron USA Inc
09-065130
$168.44, and any other amounts due thereunder.
15. Rights of part:les in possession.
First American Title Insurance Company
Juirroer: Order NuiTlBer: NCS-521651-SD
Page Number: 6
INFORMATIONAL NOTES
1. According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Commerdal Structure known as 540 La Costa
Avenue, Endnitas, California.
2. 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
3. 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 polides to be issued.
4. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECTTO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECTTO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECTTO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
First American Titie Insurance Company
^ Order NuTOer: NCS-521651-SD
Page Number: 7
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECTTO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it Is a California limited liability company, a certified copy of its artides of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
artides of organization (LLC-10) to be recorded in the public records;
3. If It Is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded In the public records;
4. 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, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properiy operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents 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 properiy operates through a manager or managers Identified in
the articles of organization and/or duly elected pursuant to tiie 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 properiy operates with the existence of only one
manager.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECTTO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form
satisfactory to the Company.
2. Copies of those excerpts from the original trust documents and amendments
thereto which designate the trustee and confer upon the trustee the power to act in
the pending transaction.
3. Other requirements which the Company may impose following its review of the
material require herein and other information which the Company may require.
G. WITH RESPECTTO INDIVIDUALS:
1. A statement of information.
The map attached, If any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disdaims 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.
*****To obtain wire instructions for deposit of funds to your escrow file piease
contact your Escrow Officer. *****
First American Title Insurance Company
Ji^^r: Order NuWer; NCS-521651-SD
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California, described as
follows:
THAT PORTION OF LOT 1, MAP OF AVOCADO ACRES NO. 3, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 2063, FILED OCTOBER 3, 1927 IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, AND AS DESCRIBED IN THE CERTIFICATE OF
COMPLIANCE RECORDED MAY 13, 2008 AS INSTRUMENT NO. 2008-0257691 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; SAID CORNER ALSO BEING A POINT
IN THE NORTHERLY RIGHT-OF-WAY OF LA COSTA AVENUE, 25.00 FOOT HALF-WIDTH, AS
SHOWN ON SAID MAP; THENCE SOUTH 89°25'18" EAST (NORTH 89°52'00" EAST RECORD PER
SAID MAP) ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 111.83 FEETTO THE
SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN A DEED TO CHEVRON U.S.A., INC.,
RECORDED DECEMBER 12, 1984 AS INSTRUMENT NO. 84-462951 OF OFFICIAL RECORDS,
RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE WESTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL 3, THE
FOLLOWING FIVE COURSES:
1. NORTH 00''07'48" WEST, 225.21 FEET;
2. THENCE NORTH 89°25'18" WEST, 6.02 FEET;
3. THENCE NORTH 00°07'48" WEST, 185.02 FEET;
4. THENCE SOUT>l 42''49'23" EAST, 83.21 FEET;
5. THENCE SOUTH 50°12'58" EAST, 13.78 FEETTO THE NORTHERLY CORNER OF PARCEL 2 AS
DESCRIBED IN SAID DEED TO CHEVRON U.S.A., INC.; THENCE ALONG THE NORTHERLY AND
EASTERLY BOUNDARY OF SAID PARCEL 2, THE FOLLOWING TWO COURSES:
1. SOUTH 50°12'58" EAST, 123.22 FEET;
2. THENCE SOUTH 16°12'31" EAST, 93.56 FEET TO THE NORTHEAST CORNER OF PARCEL 1 AS
DESCRIBED IN A DEED TO LADDIE D. POTTORFF AND ELEANOR L. POTTORFF, RECORDED
MARCH 3, 1961 AS INSTRUMENT NO. 37959, SERIES 2, BOOK 1961 OF OFFICIAL RECORDS,
RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY AND SOUTHERLY BOUNDARY OF
SAID PARCEL 1, THE FOLLOWING THREE COURSES:
1. SOUTH 16°12'31" EAST, 90.00 FEET;
2. THENCE SOUTH 07°01'34" WEST, 37.76 FEET;
3. SOUTH 75°32'04" WEST 97.56 FEET TO THE SOUT>iWEST CORNER OF SAID PARCEL 1;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 AND PARCEL 3, THE
FOLLOWING TWO COURSES:
1. SOUTH 75°32'04" WEST, 94.67 FEET;
2. THENCE NORTH 89°25'18" WEST, 15.37 FEET TO THE TRUE POINT OF BEGINNING.
APN: 216-030-76-00
First American Title Insurance Company
Order NuWer: NCS-521651-SD
Page Number: 9
Tlie First American Corporation
First American Title Company
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 -
particulariy any personal or finandal 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 governs 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 infonnation 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 indude:
• 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 period after 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 casualty Insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
sen/ices 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.
First American Title Insurance Company
•
Nijmbe
Order Nimer: NCS-521651-SD
Page Number: 10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE)
1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
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. 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 daims which are not shown by the public 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 encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (a) Unpatented mining daims; (b) resen/ations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims
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 coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment ofthe land; (ii) the character, dimensions or location of
any improvement now or hereafl:er erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice ofthe 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 Policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a
defed, lien or encumbrance resulting from a violation or alleged violation affeding 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 Pollcy, but not exduding
from coverage any talcing 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 daims 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 laiown to the Company, not recorded in the public records at Date of Policy, but laiown to the insured claimant and not disclosed in
writing to the Company by the insured daimant 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; or
(e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, 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 unenforceability 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 usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transartion vesting in the insured the estate or interest insured by their policy or the transartion creating
the interest ofthe insured lender, by reason ofthe 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
1. Any law, ordinance or governmental regulation (induding but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the charader, dimensions or location of any improvement now or
hereafter ererted on the land, or prohibiting a separation in ownership or a redudion in the dimensions of area of the land, or the effed of
any violation ofany such law, ordinance or govemmental regulation.
2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured daimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured daimant to the Company prior to the
date such insured daimant became an insured hereunder; (c) resulting in no loss or damage to the insured daimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
First American VOe Insurance Company
'jL^^r Order NuMer: NCS-521651-SD
Page Number: 11
3. AMERICAN LAND TITLE ASSOOATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land ntle Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy 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 ofthe matters shown in parts one and two following:
Part One
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 inspertion of said land
or by making inquiry of persons in possession thereof.
3. Easements, daims 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 corred survey would disclose, and
which are not shown by publlc 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 ASSOOAHON LOAN POUCY - 1970
WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or govemmental regulation (induding but not limited to building and zoning ordinances) restrirting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the chararter, dimensions or location of any improvement now or
hereafter ererted on the land, or prohibiting a separation in ownership or a redurtion in the dimensions or area of the land, or the effed of
any violation of any such law ordinance or govemmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exerdse of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suflered, assumed or agreed to by the insured daimant, (b) not
known to the Company and not shown by the public reconls but known to the insured daimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured daimant became an insured hereunder, (c) resulting in no loss or damage to the
insured daimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construdion or
completed at Date of Policy).
4. Unenforceability of the lien of the insured mort:gage 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.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970
WITH REGIONAL EXCEPTIONS
When the American Land ntle Assodation Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exdusions
set fortJi in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This pollcy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
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 recorels.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspedton of said land
or by making inquiry of persons in possession thereof.
3. Easements, daims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a corred survey would disclose, and
which are not shown by public records.
5. Unpatented mining daims; 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 fumished, imposed by law and not shown by the public
reconds.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992
WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
First American Title Insurance Company
^ Order NuMer; NCS-521651-SD
Page Number: 12
The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the chararter, dimensions or location of
any improvement now or hereafter ererted on tlie land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or
any parcel of which the land is or was a part; or (iv) environmental protertion, or the effert of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defert, lien or encumbrance
resulting from a violation or alleged violation afFerting the land has been recorded in the public records at Date of Policy;
(b) Any govemmental police power not exduded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a
defed, lien or encumbrance resulting from a vioiation or alleged violation afFerting 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 recoreled in the public records at Date of Pollcy, but not exduding
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 daims, 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 daimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant 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 daimant;
(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 sen/ices, labor or material or the extent insurance is afforded herein as to assessments for street
Improvements under constnjdion or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value fbr the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, 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. Invalidity or unenforceability 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 usury or any consumer credit protertion or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien fbr services, labor or materials over the lien of
the insured mort:gage) arising from an improvement or work related to the land which is contraded for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mort:gage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any daim, whfch arises out of the transartion creating the interest of the mort:gagee 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 creating 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 application of the doctrine of equitable subordination; or
(Hi) 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 POUCY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions 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 loss 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 reai
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 inspectton 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 corred survey would disclose, and
which are not shown by public records.
5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims 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
reconls.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (11) the chararter, dimensions or location of
any improvement now or hereafter ererted on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
First American Titie Insurance Company
^ Order NuMer; NCS-521651-SD
Page Number: 13
any parcel of which the land is or was a part; or (iv) environmental protertion, or the effert of any vioiation of these laws, ordinances or
govemmental regulations, except to the extent that a notice ofthe enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation afFerting the land has been reconjed in the public records at Date of Policy,
(b) Any govemmental police power not exduded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a
defert, lien or encumbrance resulting from a violation or alleged violation affeding the land has been recorded in the pubiic 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 fbr 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 Oate 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; 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 arises out ofthe transadion vesting in the Insured the estate or interest insured by this policy, by reason ofthe operation
of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on:
(i) the transartion creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent fransfer; or
(il) the transartion creating the estate or interest insured by this poiicy 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.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy 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:
Part One:
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 farts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspertion 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 corred survey would disclose, and
which are not shown by public records.
5. Unpatented mining daims; 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 POUCY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Govemmental police power, and the existence or vioiation 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 protertion
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exdusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless;
* a notice of exerdsing the right appears in the public records on the Policy Date
* the taking happened prior to the Policy Date and is binding on you if you bought the iand without knowing of the taking.
3. Title Risks:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date - unless they appeared in the pubiic records
* that result in no loss to you
* that flrst affed 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.
First American Titie Insurance Company
Ni^^r Order NufflBer: NCS-521651-SD
Page Number: 14
5. Lack of a right;
* to any land outside the area speciflcally 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 PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008
Covered Risics 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment 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 police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building b. zoning
c. iand use d. improvements on the iand
e. iand division f. environmental protedion
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14,15, 16, 18,19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are aeated, 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 Publfc Records at the policy
Date;
c. that result in no loss to You; or
d. that flrst occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27
or 28.
5. Failure to pay value for Your ntle.
6. Lack of a right;
a. to any land outside the area speciflcally 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 Umit of Uability shown in Schedule A. The deductible amounts and maximum dollar limits shown
on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar
Umit of Uability
Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00
Covered Risk 18; 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 19; 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 21; 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00
12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TTTLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POUCY (1/01/08)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded 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) restrirting, regulating,
prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the chararter, dimensions, or location of any improvement
ererted on the Land; (iii) the subdivision of land; or(iv) environmental protertion; or the effed of any vtolation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6,13(c), 13(d), 14 or
16.
First American Titie Insurance Company
Ni^^r Order NufflBer: NCS-521651-SD
Page Number: 15
(b)Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
14 or 16.
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 Oaimant;
(b) not Known to the Company, not recorded in the Pubiic Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in
writing to the Company by the Insured Oaimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no ioss 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) resulting in loss or damage which wouid not have been sustained ifthe 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. Invaiidity or unenforceabiiity in whoie or in part of the lien of the Insured Mortgage that arises out of the fransaction evidenced by the
Insured Mort:gage and is based upon usury, or any consumer credit protertion or truth-in-lending law. Tfiis Exdusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability 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 policy. This
Exdusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any iien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exdusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. Tlie failure of the residential strudure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicabie building codes. This Exdusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
13. AMERICAN LAND TITLE ASSOQATION LOAN POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restrirting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(11) the chararter, dimensions, or location of any improvement ererted on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effert of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any govemmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exdusion 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 Oaimant;
(b) not Known to the Company, not recorded in the Publfc 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 poiicy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Poiicy (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 faiiure of an.Insured to compiy with appiicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the fransadion evidenced by the
Insured Mortgage and is based upon usury or any consumer aedit protertion or truth-in-lending law.
6. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights iaws, that the fransadion creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this poiicy.
7. Any lien on the Title for reai estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exdusion does not modify or limit the coverage
provided under Covered Risk 11(b).
First American Titie Insurance Company
Order Numer. NCS-521651-SD
Page Number: 16
14. AMERICAN LAND TITLE ASSOQATION LOAN POLICY - 2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Assodation policy is used as a Standard Coverage Poiicy and not as an Extended Coverage Poiicy the exdusions set
forth in paragraph 13 above are used and the foilowing exceptions to coverage appear in the poiicy.
SCHEDULE B
This poiicy 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 Publfc 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 Publfc 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 or encumbrances, or claims thereof, not shown by the Public Records.
4. Any enaoachment, encumbrance, violation, variation, or adverse drcumstance affeding the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Publfc Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Publfc Records.
15. AMERICAN UND TTTLE ASSOCIATION OWNER'S POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded 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 (induding those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(I) the occupancy, use, or enjoyment of the Land;
(II) the chararter, dimensions, or iocation of any improvement ererted on the Land;
(iii) the subdivision of iand; or
(iv) environmental protection;or the effert of any violation of these laws, ordinances, or governmental regulations. This Exdusion 1(a)
does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Pubiic Reconds at Date of Poiicy, but Known to the Insured Gaimant and not disdosed
in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant 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 ntle.
4. Any claim, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting
the ntle 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 ofthis policy.
5. Any lien on the Title for reai 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 fransfer in the Pubiic Records that vests ntie as shown in Schedule A.
16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 2006
WITH REGIONAL EXCEPTIONS
first American Titie Insurance Company
Order NuTHber; NCS-521651-SD
Page Number: 17
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exdusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the poiicy.
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 reai
property or by the Publfc 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 Pubiic Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspedion 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 Recoreis.
4. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affeding the nUe that wouid be disciosed by an accurate
and compiete iand survey of the Land and not shown by the Publfc Records.
5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Publfc Records.
First American Titie Insurance Company
m
Jl m
o
CO
or
V-
:T a
• a
•
I
1^ o
RECEIPT
Certillf Ma Fci(.
ExtraT. rvic I K
C! "; • I
ir website at www.usps.coni
Pi.
€••3:; ((rfh . it L
QROI 11(1 Rei-iiipi {haidcopyi
• jrnRe.(ipt(fcli(ctronlc. S
• cei:it;edK^.iilKtJKtrici:ec|['oliv0ry ffi
• Adlilt Slonr.Ufa Required Sl
QjAdiilt Slgn-iaire Restricted Delivfiiy $ ,
Postage _
, viS:?i__
Total PosuigD and Fees
CALIFORNIA COASTAL COMMISSlOtj'
•m'^tai 7575 METROPOLITAN DRIVE
igaam SAN DIEGO CA 92108-4402
CeitifliiJ Ma;
RECEIPT
r website at iviviv.usps.com
14 y;
Extra Si^fVict • H. FQUS (cht
DRetiiriiRer' ip-leleofionic! t
• Certifiod M-il Ficshiciecj C "ivn'y S
• Adui! Slgr.^iuri) H9<itJired $
QAdui! Sign.itun) R«f.tncteO neliver/ £
Postage
/
Total P^^^*"' acid Fees
Postntaifr\
SentTo
Street a
CALIFORNIA COASTAL COMMISSION
SUITE 103
WSte 7575 METROPOLITAN DRIVE
SAN DIEGO CA 92108-4402
CertHIri Ma
>.*f5
F.ll!
ir website at www.usps.coni
Extra S '?rvici • t ^i Feus (ch. • K ^ O.
Q Rel! irn Rei-:'iipt (harcic^opy:
O Rs' i'^i Re :nipt (eioctnanic
• Cei fified ^1: [I RHr.tricted C'liflvory
• Adr!t Slgr ^'ure Required
• Adult SJgr . ura Re:itricte(i iteliveiy $.
Postacfr-
$
Total Postaga and Fees
senf7o CALIFORNIA COASTAL COMMISSION
ISireetar SUITE 103
7575 METROPOLITAN DRIVE Ciiy.'S'ta
SAN DIEGO CA 92108-4402
SENDER: COMPLETE THIS SECTION
Complete items 1, 2, and 3.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
COMPLETE THIS SECTION ON DELIVERY
A. Sigrature
X
Received by (Prir^ei Rece fame)
• Agent
• Addressee
late of Dalvejy
1. Article Addressed to:
CALIFORNIA COASTAL COMMISSION
SUITE 103
7575 METROPOLITAN DRIVE
SAN DIEGO CA 92108-4402
llllilllllllllllllllllllllll lllllllllllllll
9590 9403 0442 5169 5556 05
D. Is delivery address different from Item
If YES, enter delivery address beiow:
• Ye!
DNo
2. Article Number (Transfer from service latiel)
7D1S Db4D DODH 7HfiO 3blE
PS Form 3811, April 2015 PSN 7530-02-000-9053
3. Sen/ice Type
• Adult Slgnaturs
• Adult Signature Restricted Oellvery
OLCettlfled Mail®
• Certified Mall Restricted Delivery
• Collect on Delivery
• Collect on Delivety Restricted Delivery
n Insured Maii
Mall Restricted Delivery
22
• Priority Mall Express® D Registered Mall™
• Registered Mall Restricted Deiivery
• Retum Receipt for Merchandise
O Signature Confirmation™ • Signature Confirmation
Restricted Delivery
Domestic Return Receipt
UNITED STATe|'i^b|||^',$'ERVicE
:23SEF'1S
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, adciress, and ZIP+4® In this box*
CITY OF CARLSBAD
PLANNING DIVISION
1635 FARADAY AVENUE
CARLSBAD, CA 92008-7314
,//'/»•
SENDER: COMPLETE r"is SECTION
• Complete items 1,2, SPa.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
COMPLETE THIS SECTION ON DELIVERY
A. Signature /
• Agent
• Addressee
B. Received by (Printed Name) C. Date of Delivery
1 h • Yes 1. Article Addressed to:
CALIFORNIA COASTAL COMMISSION
SUITE 103
7575 METROPOLITAN DRIVE
SAN DIEGO CA 92108-4402
iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiii
9590 9403 0442 5169 5555 75
D. Is deiivery address different from item 1? • Yes
If YES, enter delivery address below: • No
Article Number (Transfer from service label)
7D1S DbHQ DDDM 7MaD 3SfiH
3. Sen/ice Type
• Adult signature
. n Adult Signature Restricted Delivery
X^Zertified Mail®
• Certified Mail Restricted Delivery
• Collect on Delivery
• Collect on Delivery Restrictec) Delivery
Vlail
^a\\ Restricted Delivery
=d2!
• Priority Mali Express® d Registered Mail™
• Registered Mall Restricted Deiivery
• Return Reoelpt for Merchandise
• signature Confirmation™ • Signatute Confirmation
Restricted Delivery
PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt
UNITED STATE®!
•1.1 SEP 'IS
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
FH j} O L.
• Sender: Please print your name, address, and ZIP+4® in this box"
CITY OF CARLSBAD
PLANNING DIVISION
1635 FARADAY AVENUE
^ ^ , , CARLSBAD.CA92008-7314
USPS TRACKING*
!j„,,ll„„lli.,,i.,j.ii.l),l)ji,ijl
r SENDER: COMPLETF -^HIS SECTION COMPLETE THIS SECr/f"" OW DELIVERY ,
• Complete items 1, 2^Ki 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
A. Sigrjatuae
X c^^^rLee
• Complete items 1, 2^Ki 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
B. deceived by (PiinmO "Rame)
1. Article Addressed to:
CALIFORNIA COASTAL COMMISSION
SUITE 103
7575 METROPOLITAN DRIVE
D. Is delivery address different from item 1? U Yes
If YES, enter delivery address below: • No
SAN DIEGO CA 92108-4402 3. Service Type
^fcertified Mail® • Priority Mail Express™
• Registered • Return Receipt for Merchandise
• Insured Mail • Collect on Delivery
SAN DIEGO CA 92108-4402
4. Restricted Delivery? (Extra Fee) • Yes
'•"rerrrL DbHD DODH 7HflO 3SS1
, PS Form 3811, July 2013 Domestic Return Receipt
UNITED STATES P-$ERVfCE
s-v.;« -(.' 'I I III
irst-Class Mail
ostage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4® in this box*
CITY OF CARLSBAD
PLANNING DIVISION
1635 FARADAY AVENUE
CARLSBAD, CA 92008-7314
j.,./(./i,;|),i///,./.,,/,.Mi,,j,„j,,///.„„///.,„„/j,,;.,.,
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY City of QaitjlsbiN^N JR., Governor
CALIFORNIA COASTAL COMMISSION
San Dlego Coast District Office
7575 Metropolitan Drive, Suite 103
San Diego, California 92108-4402
(619) 767-2370 FAX (619) 767-2384
WWW.C0ASTAL.CA.GOV
SEP 2 8 2015
Planning Division
NOTIFICATION OF APPEAL PERIOD
DATE: September 24, 2015
TO: Pann Drew
Carlsbad Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
FROM: Eric Stevens
RE: Application No. 6-CWB-15-0837
Please be advised that on September 24, 2015 our office received notice of local action on the
coastal development permit described below:
Local Permit #: CDP 15-04/HDP 15-01
Applicant(s): Chevron
Description: Installation of an at-grade drainage pipe down a slope and construction of a
dissipater at the bottom ofthe slope.
Location: On the slope to the north of 540 La Costa Avenue, Encinitas
Unless an appeal is filed with the Coastal Commission, the action will become final at the end ofthe
Commission appeal period. The appeal period will end at 5:00 PM on October 08, 2015.
Our office will notify you if an appeal is filed.
Ifyou have any questions, please contact me at the address and telephone number shown above.
CALIFORNIA COASTAL COMMISSION
FILE ^Cityof
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 VIA CERTIFIED MAIL ON September 21, 2015
Application #: CDP 15-04/HDP 15-01 Decision Date: September 9. 2015
CaseName: CALTRANS RIGHT-OF-WAY SLOPE REPAIR Agent (if different): Same
Applicant: Larrv Tidball. Stantec Archietecture Address:
Address: 38 Technologv Drive, Suite 100. Irvine, CA Phone:
92618-5312
Phone: (949) 923-6903
Project Description: Install a storm water drainaee pipe, at grade, down a slope that has been eroded due to storm water run-
off from an adiacent storm water detention basin on propertv owned bv Chevron. The proiect also includes a dissipater at the
bottom of the slope to slow the water down.
Project Location: Within the right-of-wav of Caltrans' propertv on the southbound 1-5 exit and directiv north of the Chevron
gas station located at 540 La Costa Avenue.
ACTION:
• APPROVED
^ APPROVED WITH CONDITIONS
• 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:
• NOT APPEALABLE TO THE COASTAL COMMISSION.
^ 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
ofthis notice. Applicants will be notified by the Coastal Commission as tothe 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 CDPs
- Staff Report to CCC for appealable CDPs
The time within which Judicial review ofthis 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 IVlunicipal 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 ofthe 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 written request for the preparation ofthe record ofthe proceedings shall be filed with the City Clerk, City ofCarlsbad,
1200 Carlsbad Village Drive, Carlsbad, California 92008.
Community & Economic Development
Planning Division
1635 Faraday Avenue ! Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
mmm
FTLEc _ City of
Carlsbad
ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT, ADMINISTRATIVE HILLSIDE DEVELOPMENT
PERMIT AND ADOPTION OF THE FINDINGS THAT THE FINAL ADDENDUM TO THE MITIGATED
NEGATIVE DECLARATION (MND NO. 01-292), PREPARED AND ADOPTED BY THE CITY OF ENCINITAS, IS
ADEQUATE FOR THE CALTRANS RIGHT-OF-WAY SLOPE REPAIR PROJECT
NOTICE OF PENDING DECISION
DATE: August 24, 2015
APPLICATION NUMBERS AND NAME: CDP 15-04/HDP 15-01 - CALTRANS RIGHT-OF-WAY SLOPE REPAIR
PROJECT DESCRIPTION: Notice is hereby given that an Administrative Coastal Development Permit (CDP),
Administrative Hillside Development Permit (HDP), and the adoption of the Findings that the Final
Addendum to the Mitigated Negative Declaration, prepared and adopted by the City of Encinitas, is
adequate forthe installation ofthe storm water drainage pipe and associated dissipater, located
within Caltrans' right-of-way.
LOCATION: Between the 1-5 southbound off-ramp and La Costa Avenue, and directly to the north
of 540 La Costa Avenue, Carlsbad, CA 92011.
APN: N/A - within Caltrans right-of-way
The proposed development is located within the Coastal Zone. No formal public hearing is required for
this application, and a public hearing will onlv be held upon written request, within 10 calendar 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 and
Administrative Hillside Development Permit application. The Citv Planner will determine this application
10 calendar davs after the date of this notice if no public hearing is requested.
Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning
Division, 1635 Faraday Avenue, Carlsbad, CA 92008.
Ifyou have any questions, comments or concerns regarding this application please contact Pam Drew, at
the City of Carlsbad Planning Division, (760) 602-4644, Monday through Thursday - 7:30 a.m. - 5:30 p.m.,
or 8:00 a.m. - 5:00 p.m. Friday.
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
COP fS-oM ^MDf (S-^
600' OWNERS
APN 216 030 76
SITE: 540 LA COSTA AVE
DATA SOURCE:FIDEUTY NATL
TITLE ASSESSOR ROLE UPDATED
PREPARED ON: 3/27/2013
BY:CATHY MCDERMOTT
OWNERSHIP USTTNG SERVICE
951 699 8064
APPUCANT/0\
CHEVRON
REPRESENTATIVE:
STANTEC
19 TECHNOLOGY DR #200
IRVINE CA 92618-2334
09-08-98 WESTON
514 LA COSTA AVE
ENCINITAS CA 92024-1115
09-08-98 WESTON
514 LA COSTA AVE
ENCINITAS CA 92024-1115
ATTN MARIANNA BACELLAR
LACOSTA BEACH HOTEL LLC
7879 PASEO TULIPERO
CARLSBAD CA 92009-9351
CHEVRON U S A INC
PO BOX 285
HOUSTON TX 77001-0285
PATTERSON 10-24-00 FARBER
467 LA COSTA AVE
ENCINITAS CA 92024-1114
! ROSALIE MARR
358 ANDREW AVE
ENCINITAS CA 92024-1130
LAWRENCE & CHERYL DEYSHER
354 ANDREW AVE
ENCINITAS CA 92024-1130
RONALD DONDANVILLE TR
420 ANDREW AVE
ENCINITAS CA 92024-1146
RICARDO & ANNA CAMARGO
422 ANDERW AVE
ENCINITAS CA 92024-1146
DAVID GOLAMAN
404 ANDREW AVE
ENCINITAS CA 92024-1146
ALBERT/LIAO LIU
400 ANDREW AVE
ENCINITAS CA 92024-1146
JOHN/ELENA THOMPSON
402 ANDREW AVE
ENCINITAS CA 92024-1146
GLENN & DONNA BECHTHOLD
2420 LA COSTA AVE
CARLSBAD CA 92009-7301
ROGER INN
485 LA COSTA AVE
ENCINITAS CA 920a4-l 114
EDWIN & ROBYN VANZYL
489 LA COSTA AVE
ENCINITAS CA 92024-1114
10-15-92 ROBLEDO
2092 HAMILTON PL
3ESCONDIDOCA 92029-4415
CANDICE BROWN/J DENSMORE
561 LA COSTA AVE
ENCINITAS CA 92024-1116
11-23-99 BROWN
561 LA COSTA AVE
ENCINITAS CA 92024-1116
11-04-90 WALDORF
424 ANDREW AVE
ENCINITAS CA 92024-1146
SAMUEI7PAMELA CHERESKIN
426 ANDREW AVE
ENCINITAS CA 92024-1146
' ROGER & MARTHA ONHL
1934 LEUCADIA SCENIC CT
ENCINITAS CA 92024-1138
JOHNSON FAMILY TR
PO BOX 15056
NEWPORT BEACH CA 92659-5056
GARY STEIN
1995 SEABREEZE CT
ENCINITAS CA 92024-1100
DENNIS & LINDA BLUE
1975 SEABREEZE CT
ENCINITAS CA 92024-1100
WILLAM RAFAEL
1955 SEABREEZE CT
ENCINITAS CA 92023-4127
02-26-04 LYLE
1980 SEABREEZE CT
ENCINITAS CA 92024-1100
11-23-99 BROWN
561 LA COSTA AVE
ENCINITAS CA 92024-1116
11-23-99 BROWN
579 LA COSTA AVE
ENCINITAS CA 92024-1116
STEPHEN & MOLLY GILMAN
525 LA COSTA AVE
ENCINITAS CA 92024-1116
09-27-05 CURBBUN
517 LA COSTA AVE
ENCINITAS CA 92024-1116
FERDINAND SANTOS
327 HANA CT
ENCINITAS CA 92024-1158
ROBERT & JANICE POLLACK
323 HANA CT
ENCINITAS CA 92024-1158
A notice has been mailed to
all property owners/occupants
llgedhereln^l^,!,^-
Signature:.
Addendum to Mitigated
Negative Declaration
CITY OF ENCINITAS
Planning and Building Department
505 South Vulcan Avenue
Encinitas, CA 92024
760-633-2692
Case No. 12-024 ADR/CDP
Addendum to MND No. 01-292
SUBJECT: Chevron Service Station Drainage Improvements: Design Review
Permit and Coastal Development Permit applications to improve and repair the
storm water drainage system located at an existing Chevron service gas station.
The project site is located at 540 La Costa Avenue, between Interstate 5 and
Sheridan Road, in the Visitor Serving Commercial zone of the Leucadia
community. Applicant: Stantec Architecture
PROJECT DESCRIPTION:
On June 15, 2005, the City of Encinitas Planning Commission adopted Mitigated
Negative Declaration No. 01-292 (attached) for the existing Chevron service station
located on La Costa Avenue. This service station was approved through the issuance of
Major Use, Coastal Development, and Design Review Permits that resulted in the
demolition of an old service station and construction of a new service station having a
2,945 square-foot convenience store and 12 new fueling stations covered by 3,740 square-
foot canopy.
As part of the service station's redevelopment, a bio-swale was constructed to provide on-
site treatment of storm water prior to discharge from the site. Surface runoff from the
site has historically flowed north towards the Batiquitos Lagoon. In late 2010, a series of
storm events caused the on-site bio-swale to spill water off the site, per its design intent.
The resulting flows caused erosion of an unstable slope within the Caltrans right-of-way
and City of Carlsbad. On February 1, 2011 Caltrans issued a letter to the property owner
advising them of the situation and requested installation of a down pipe to transmit flows
to the bottom of the slope.
Page 1 of 4
Since early 2011, the property owner has been proceeding with design and permitting
with the City of Encinitas, Caltrans, and City of Carlsbad to repair and improve the storm
water system. On July 26, 2013, the City of Encinitas published a Draft Mitigated
Negative Declaration (MND) for a redesigned storm water drainage system, which
diverted on-site storm water from its historic path down the slope. With this previous
design, treated storm water would be collected on the project site and piped south towards
La Costa Avenue where the pipe would discharge into a Caltrans-owned drainage catch
basin. Mitigation measures were provided as part of the Draft MND to require
construction monitoring by an archeologist in order to avoid any potentially significant
effects on archeological resources. Subsequent to publication of the Draft MND, Caltrans
determined that the potentially significant archaeological effects would be avoided by
constructing a down pipe along the surface of the slope to the north. This conclusion was
based upon an Extended Phase I Archaeological Survey Report prepared for Caltrans by
PCR Services Corporation (July, 2014). The survey report did not identify significant
archeological impacts with construction of the drainage system as currently proposed.
The proposed 15-inch down pipe would be anchored to the slope via driven soil anchors
in order to avoid additional disturbance of soils that would normally result from
excavation activities. The route of the proposed down pipe and dissipater location have
been surveyed and sampled as part of the archeological assessment to confirm that this
area has a low likelihood of containing significant archaeological resources. In addition,
construction activity would not impact any sensitive habitat. No heavy equipment would
be used to install the pipe or dissipater. All work would be done with hand tools and
access for this work would be from the Chevron site at the top of the slope.
The project includes a retaining wall having a linear length of approximately 58 feet. The
wall would be set back no closer than approximately eight feet from the project site's
northerly property line. This wall would stabilize the top of the slope on the Chevron
property and allow the bio-swale to continue to function properly by protecting this area
from further erosion. The down pipe from the bio-swale would be run underground
though the base of the wall and then run exposed within the bottom of the erosion gully
until the ground flattens out and the pipe would terminate at a dissipater. With the gully
area, the maximum exposed wall height would be approximately 15 feet. Grading
activity proposed by the project would backflll the area on the Chevron property behind
the retaining wall.
All views would be maintained on adjacent properties. The construction of the retaining
walls would not affect the views from adjacent properties as the top of the wall is below
the site line from the adjacent property to the west of the Chevron site. The area of the
erosion is generally screened from views from Interstate 5 to the north and east of the
Chevron site. Due to the orientation of the slope (towards the NNW) the gully is not
generally visible from Interstate 5 due to the projecting hillside between this gully and the
freeway. The bottom of the slope contains a number of large trees that also screen the
area where the work would be performed. These trees would not be removed. From a
very narrow view angle a portion of the retaining wall may be visible from the
Page 2 of 4
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
*ALWAYS SEND EXHIBITS
DATE: JUNE 25. 2015
PROJECT NO{S): CDP 15-04/HDP 15-01/ REVIEW NO: 2
PROJECTTITLE: CALTRANS R O W SLOPE REPAIR
APPLICANT: STANTEC
TO:
^ Land Development Engineering - T. Levy
O Police Department - J. Sasway
Q Fire Department-Greg Ryan
• Building Division - Will Foss
O Parks & Recreation (Parks/Trails) - Liz Ketabian
r~1 Parks & Recreation (Trees & Medians) - Kyle Lancaster
O Public Works Department (Streets)
\Z\ Public Works Department (Traffic) - John Kim
O Public Works Department (Design) - David Ahles
O SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
FROM: PLANNING DIVISIO N/DREW J
O Public Works (Storm Drain) - Clayton Dobbs
• Public Works (Wastewater) - Don Wasko
O Public Works (Water)-Eric Sanders
O Water/Sewer District
n Landscape Plancheck Consultant - PELA
• School District
r~l North County Transit District - Planning Dept.
n Sempra Energy - Land Management
n Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, by 7/09/15. Ifyou have "No Comments," please so state. If vou determine that there are items that
need to be submitted to deem the application "complete" for processing, please immediatelv contact the
applicant and/or their representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS:
Signatufc* Date
PL^NS ATTACHED
Review & Comment 8/14
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
'ALWAYS SEND EXHIBITS
DATE: FEBRUARY 19. 2015
PROJECT NO(S): CDP 15-04/HDP 15-01 REVIEW NO: 1
PROJEa TITLE: CALTRANS RIGHT-OF-WAY SLOPE REPAIR
APPLICANT: STANTEC ARCHITECTURE
TO:
Land Development Engineering • Public Works (Storm Drain) - Clayton Dobbs
• Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko
• Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders
• Building Division - Will Foss • Water/Sewer District
• Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA
• Parks & Recreation (Trees & Medians) - Kyle
Lancaster
• School District
• Public Works Department (Streets) • North County Transit District - Planning Dept.
• Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • • Public Works Department (Design) - David Ahles
SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
• Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
FROM PLANNING DIVISION/DREW
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635
Faraday Avenue, by 3/12/15. If you have "No Comments," please so state. If vou determine that there
are items that need to be submitted to deem the application "complete" for processing, please
immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know/.
Thank you
COMMENTS: 7/5. S6C ai4{acki^ coryimei^^
Signature' Date
PLANS ATTACHED
Review & Comment 8/14
CARLSBAD
CITY OF
Memorandum
March 4, 2015
To:
From:
Re:
Ram Drew, Associate Planner
Tecla Levy, Associate Engineer
CDP 15-04/CDP 15-01- CALTRANS RIGHT-OF-WAY SLOPE REPAIR
Land Development Engineering staff has completed the first review of the above application
submittal documents for completeness. The application documents submitted for this project
are incomplete. Prior to next submittal, it is suggested the following items are adequately
addressed:
Issues of Concern:
1) The 6.95 feet/sec velocity shown on the plans and drainage report appears incorrect. With
the 1:1 pipe slope, the velocity at the outlet should be about 38 feet/sec per our rough
calculations (see red-lined comments on the drainage report).
2) The proposed rock riprap shown on the plans (sheets Cl and C2) is not adequate to mitigate
high velocity of 38 feet/sec. Engineering standard chapter 5.5.H requires storm drain
discharging into unprotected or natural channel, to install proper energy dissipation
measures to prevent damage to the channel. Due to very high outlet velocity and/or limited
access, a concrete energy dissipater per SDRSD D-41 is required per engineering standard
chapter 5.S.H. Note that the concrete energy dissipater SDRSD D-41 can only handle up to
maximum of 35 feet/sec velocity. If using SDRSD D-41, ensure that the velocity at the outlet
does not exceed 35 feet/sec. Revise pipe design to reduce the velocity to meet the standard.
3) Identify standard drawing for the proposed cleanout shown on sheet Cl. Show the proposed
cleanout on the storm drain profile on sheet C2.
4) Show the hydraulic grade line (HGL) ofthe proposed storm drain on the storm drain profile.
5) Comply with all other comments shown on red-lined plans and drainage report.
6) Please submit the following documents in the next review submittal:
a) 1 copy ofthe revised preliminary site plan
b) One copy ofthe revised hydrology report
c) 1st review redlined plans
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
PlLEC( _ City of
Carlsbad
MINOR COASTAL DEVELOPMENT PERMIT & MINOR HILLSIDE DEVELOPMENT PERMIT
NOTICE OF DECISION
September 9, 2015
Larry Tidball
Project Manager
Stantec Architecture
Suite 100
38 Technology Drive
Irvine, CA 92618-5312
SUBJECT: CDP 15-04/HDP 15-01 - CALTRANS RIGHT-OF-WAY SLOPE REPAIR
The City has completed a review ofthe application for a Minor Coastal Development Permit (CDP 15-04)
and Minor Hillside Development Permit (HDP 15-01) for the installation of a storm water drainage pipe
and associated dissipater located within Caltrans' right-of-way, between the 1-5 southbound off-ramp and
La Costa Avenue, and directly to the north of 540 La Costa Avenue.
It is the City Planner's determination that the project is consistent with the City's applicable Coastal
Development Regulations (Chapters 21.201 - 21.205), Hillside Development Ordinance, Chapter 21.95 and
with all other applicable City ordinances and policies. The City Planner, therefore, approves this request
based upon the following findings and conditions:
Findings:
Administrative Coastal Development Permit
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 and a Minor Hillside Development Permit.
3. That the development is in conformity with the public access and public recreation policies of Chapter
3 ofthe Coastal Act, in that no opportunities for coastal access are available from the subject site, nor
are public recreation areas required ofthe project.
4. The proposed development will have no adverse effect on coastal resources, in that the location of
the project is not immediately adjacent to any coastal bluffs or body of water.
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-4600 j 760-602-8560 f | www.carlsbadca.gov
CDP 15-04/HDP'?S*l - l^flwll^ RIGHT -OF -WAY SLOPE REPAIR
September 9,
Page 2
5. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that the site is designated as a transportation corridor and is located within
Caltrans right-of-way within a disturbed area. The at-grade pipe and energy dissipater will not
obstruct views of the 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
will any sensitive biological resources be impacted. Furthermore, the proposed project is not in an
area of known geologic instability or flood hazards.
6. That the request for a minor coastal development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the
Carlsbad Coastal Development Regulations.
Administrative Hillside Development Permit
1. Hillside conditions have been properly identified on the site plan which show existing and proposed
conditions.
2. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the site
plan.
3. The development proposal is consistent with the intent, purpose and requirements of the Hillside
Ordinance, Chapter 21.95 in that the project area is disturbed from storm water run-off which
created erosion gullies. Furthermore, there will be no impacts to the Batiquitos Lagoon or riparian
ecosystems in that the project has been designed in an environmentally sensitive manner and will
be conditioned to comply with the city's Stormwater Regulations and shall implement best
management practices at all times.
4. The proposed grading and development will not impact the undevelopable portions ofthe site in that
the area of work is within a disturbed area due to previous erosion and will not impact the
surrounding natural hillside.
5. The grading design minimizes disturbance of hillside lands in that the project's grading is minimal to
accommodate the at-grade pipe and will not impact the surrounding natural terrain.
6. The project design substantially conforms to the intent of the concept illustrated in the Hillside
Development Guidelines Manual in that the design minimizes the amount of grading and the pipe
will be placed at grade and will not easily be seen from the public right-of-way or the adjacent
highway. The area will be hydro-seeded for erosion control and to screen the at-grade pipe from
view.
Addendum to Mitigated Negative Declaration
The City Planner ofthe City of Carlsbad does hereby find:
a. The City Planner has reviewed, analyzed, and considered the Addendum to the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program prepared and
adopted by the City of Encinitas, and found the document to be adequate.
CDP 15-04/HDP 15-01 - CALTlmNS RIGHT -OF -WAY SLOPE REPAIR
September 9, 2015
Page 3
b. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has
been prepared in accordance with requirements ofthe California Environmental Quality Act,
the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad;
and
c. it reflects the independent judgment of the City Planner of the City of Carlsbad;
d. based on the Addendum thereon, there is no substantial evidence the project as
conditioned, will have a potentially significant effect on the environment.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 15-04) and
Minor Hillside Development Permit (HDP 15-01), for the project entitled CALTRANS RIGHT-OF-WAY
SLOPE REPAIR "A" - "G", dated September 1, 2015, on file in the Planning Division 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 Section 66020. Ifany such condition is
determined to be invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City ofCarlsbad, 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 and Minor Hillside Development Permit, (b) City's
approval or issuance ofany permit or action, whetherdiscretionary or nondiscretionary, in connection
with the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the emission
by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
TA^S CDP 15-04/HDP 15-01 - CALTRlfNS RIGHT -OF -WAY SLOPE REPAIR
Septembers, 2015
Page 4
until all legal proceedings have been concluded and continues even if the City's approval is not
validated.
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 9, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
9. Prior to the start of the project. Developer 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 a Minor Coastal
Development Permit and Minor Hillside Development Permit on the property. Said Notice of
Restriction shall note the property description, location ofthe file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for inclusion in the
Notice of Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
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.
11. This approval is granted subject to the requirements of the Mitigation Monitoring and Reporting
Program (MMRP), and is subjectto all conditions contained herein. The Developer shall implement,
or cause the implementation of, the MMRP.
Engineering Conditions
12. Developer shall obtain a permit from Caltrans for work within Caltrans Right-of-Way.
13. Developer shall design the drainage system, as shown on the site plan to the satisfaction of Caltrans.
14. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable.
CDP 15-04/HDP 15-01 - CAL"^NS RIGHT -OF -WAY SLOPE REPAIR
September 9, 2015
Pages
NOTICE
This decision may be appealed by you orany member of the public to the Planning Commission within ten
(10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $673 plus $320 for a public
noticing fee. 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 Pam Drew, Associate Planner at (760) 602-4644.
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 similarto this, or as to which the statute
of limitations has previously otherwise expired.
CITY OF CARLSBAD
DAVID DeCORDOVA
Principal Planner
CD:PD:fn
c: John Slatton, Associate Environmental Planner, Caltrans, District 11, Environmental Division, 4050
Taylor Street, MS 242, San Diego, CA 92110
Todd Mierau, Associate Planner, City of Encinitas, 505 South Vulcan Avenue, Encinitas, CA 92024
Don Neu, City Planner
Scott Donnell, Senior Planner
Tecla Levy, Associate Engineer
File Copy
Data Entry
California Coastal Commission (NoFA)
[ASS shh-^ .
Cil C vCityof
rILt Carlsbad
July 30, 2015
Larry Tidball
Project Manager
Stantec Architecture
Suite 100
38 Technology Drive
Irvine, CA 92618-5312
SUBJECT: 2nd REVIEW FOR CDP 15-04/HDP 15-01 - CALTRANS RIGHT-OF-WAY SLOPE REPAIR
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Administrative Coastal Development Permit and Administrative Hillside Development Permit
application, application nos. CDP 15-04/HDP 15-01, as to its completeness for processing.
All of the items requested of you earlier have not been received and therefore your application is still
deemed incomplete. Listed below is the City of Encinitas' approved CDP and environmental document
still needed in order to deem your application as complete. 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, February 19, 2015, 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, Pam Drew, Associate Planner, at (760) 602-4644, or your Staff Engineer, Tecla Levy, Associate
Engineer, at (760) 602-2733 to discuss or to schedule a meeting to discuss your application and to
completely understand this letter.
Sincerely,
DAVID de CORDOVA
Principal Planner
CD:PD:fn
c: John Slatton, Associate Environmental Planner, Caltrans, District 11, Environmental Division, 4050 Taylor Street, MS 242, San Diego, CA 92110
Todd Mierau, Associate Planner, City of Encinitas, 505 South Vulcan Avenue, Encinitas, CA 92024
Don Neu, City Planner
Scott Donnell, Senior Planner
Tecia Levy, Associate Engineer
File Copy
Data Entry
Communl%y^& Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601760-602-8560 f | www.carlsbadca.gov
CDP 15-04/HDP 15-01- CALTRPIRS RIGHT-OF-WAY SLOPE REPAIR
July 30, 2015
Page 2
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
1. Provide a copy of the project's approved City of Encinitas Coastal Development Permit, including the
conditions of approval, and the Final Mitigated Negative Declaration (FMND) and Mitigation •c
Monitoring & Reporting Program (MMRP) adopted by the City of Encinitas.
ISSUES OF CONCERN
Planning:
None
Engineering:
None
V1:ARLSBAD '^"•^
Community & Economic Development www.carlsbadca.gov
March 12, 2015
Larry Tidball
Project Manager
Stantec Architecture
Suite 100
38 Technology Drive
Irvine, CA 92618-5312
SUBJECT: 1st REVIEW FOR CDP 15-04/HDP 15-01 - CALTRANS RIGHT-OF-WAY SLOPE REPAIR
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Administrative Coastal Development Permit and Administrative Hillside Development Permit
application, application nos. CDP 15-04/HDP 15-01, 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 ofthese lists, (2) a detaled letter
summarizing how all identified incomplete items and/or project issues have been addressed; and (3) Two
(2) sets of revised plans. No processing of your application can occur until the application is determined
to be complete.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff
Planner, Pam Drew, Associate Planner, at (760) 602-4644, or your Staff Engineer, Tecla Levy, Associate
Engineer, at (760) 602-2733 to discuss or to schedule a meeting to discuss your application and to
completely understand this letter.
Sincerely,
DAVID DeCORDOVA
Principal Planner
CD:PD:fn
Attachments
c: John Slatton, Associate Environmental Planner, Caltrans, District 11, Environmental Division, 4050 Tayior Street, MS 242, San Diego, CA 92110
Todd Mierau, Associate Planner, City of Encinitas, 505 South Vulcan Avenue, Encinitas, CA 92024
Don Neu, City Planner
Scott Donnell, Senior Planner
Tecla Levy, Associate Engineer
File Copy
Data Entry
DMS
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
CDP 15-04/HDP 15-01- CALTRANS RIGHT-OF-WAY SLOPE REPAIR
March 12, 2015
Page 2
LiST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
1. Provide a copy of the project's Final Mitigated Negative Declaration (FMND) and Mitigation
Monitoring & Reporting Program (MMRP) adopted by the City of Encinitas.
ISSUES OF CONCERN
Planning:
2. Please revise the application numbers on all sheets (CDP 15-04/HDP 15-01).
3. Depict all staging areas, including equipment and material storage areas. Include the following
wording under General Notes that all direct impacts to cultural resources shall be avoided during
construction through the monitoring by a qualified archaeologist and Native American monitor.
Engineering:
4. The 6.95 feet/sec velocity shown on the plans and drainage report appears incorrect. With the 1:1
pipe slope, the velocity at the outlet should be about 38 feet/sec per our rough calculations (see red-
lined comments on the drainage report).
5. The proposed rock riprap shown on the plans (sheets Cl and C2) is not adequate to mitigate high
velocity of 38 feet/sec. Engineering standard chapter 5.S.H requires storm drain discharging into
unprotected or natural channel, to install proper energy dissipation measures to prevent damage to
the channel. Due to very high outlet velocity and/or limited access, a concrete energy dissipater per
SDRSD D-41 is required per engineering standard chapter 5.5.H. Note that the concrete energy
dissipater SDRSD D-41 can only handle up to maximum of 35 feet/sec velocity. If using SDRSD D-41,
ensure that the velocity at the outlet does not exceed 35 feet/sec. Revise pipe design to reduce the
velocity to meet the standard.
6. Identify standard drawing for the proposed cleanout shown on sheet Cl. Show the proposed cleanout
on the storm drain profile on sheet C2.
7. Show the hydraulic grade line (HGL) of the proposed storm drain on the storm drain profile.
8. Comply with all other comments shown on red-lined plans and drainage report.
9. Please submit the following documents in the next review submittal:
a. Two (2) copies ofthe revised preliminary site plan
b. One (1) copy ofthe revised hydrology report
c. 1st review redlined plans for CDP 13-11