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CT 97-09; La Costa Lucky Sav-On Shopping Center; Tentative Map (CT)
CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C |~| Administrative Permit - 2nd Dwelling Unit | | Administrative Variance [|] Coastal Development Permit 0 Conditional Use Permit I | Condominium Permit 0 Environmental Impact Assessment 0 General Plan Amendment Q] Hillside Development Permit | | Local Coastal Plan Amendment Q] Master Plan Q Non-Residential Planned Development Q] Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) (^P<??03 &Pfi97'0?, r*s ^.^ fiffo *no fRfiS-^ polWf I | Planned Industrial Permit Q Planning Commission Determination |~l Precise Development Plan [~1 Redevelopment Permit |%n Site Development Plan |x] Special Use Permit *--~. Q Specific Plan |~~| Tentative Parcel Map Obtain from Engineering Department [X] Tentative Tract Map n Variance (3 Zone Change IStl List other applications not . , specified 3Uf f=txsOPft4 1 ^ (FOR DEPARTMENT USE ONLY) 5Df><77-67 SUiP17-c3^ CT?7-0<? Z£.?7-<qA SL(P97-oa. 2) 3) 4) 216-124-01,02,03,0*5,18,19, 216-123-06ASSESSOR PARCEL NO(S).: PROJECT NAME: La Costa Lucky Sav-On Shopping Center #121-283 BRIEF DESCRIPTION OF PROJECT: Lucky Sav-On Supermarket, Arco Station and Five Retail Pad Sit, 5) OWNER NAME (Print or Type) See Attached MAILING ADDRESS CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION i IS /fftjUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, i px » "^ A'KA V^— ^/CJ1/--—/ \ '1 V -'A •—'•(: -:t;>- -"/•-- / 1 / SIGNAT6RE V •' V/ DATE 6) APPLICANT NAME (Print or Type) American Stores Properties, Inc. MAILING ADDRESS 348 East South Temple CITY AND STATE ZIP TELEPHONE Salt Lake City, UT 84111 (801)536-3919 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND T/MT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO/THt! BEST OF MY>NOWLEDGE.X^d^^ fo-n S^tfNATURE DATE 7) BRIEF LEGAL DESCRIPTION Por. Lots 9,14, and 15 in Sec. 35, T12S, R4W, SBBM NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF; 8) LOCATION OF PROJECT: ON THE BETWEEN 7602-7690 El Camino Real, Carlsbad East (NORTH, SOUTH, EAST, WEST) La Costa Avenue STREET / SIDE OF AND \DDRESS El Camino Real (NAME OF STREET) Costa Del Mar Road (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING -14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL c/n/ PLAN 23) PROPOSED ZONING 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU - 21) PROPOSED GENERAL PLAN DESIGNATION 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS 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 See Attached SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE rfir TOTAL FEE REQUIRED C- £> DATE FEE PAID FEE REQUIRED .0-0 RECE8VED MAY 0 2 1997 CPTV ©F RECEIVED BY: RECEIPT NO. Form 16 PAGE 2 OF 2 Owner's Information for Items 5) and 24) of City of Carlsbad Land Use Review Application Owner Name: Leucadia County Water District, a political subdivision Mailing Address: 1960 La Costa Avenue, Carlsbad CA 92009 Telephone: (619)753-0155 I certify that I am the legal owner and that all of the above information is true and correct to the best of my knowledge. t-M. Date Signature Date 24) In the process of reviewing this application it may be necessary for members of city staff, planning commissioners, design review board member 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. Signature"i I Signature Date NOTE: The ultimate approval by LCWD requires resolution of utility and facility relocation, easement, and land ownership issues. Owner's Signatures for City of Carlsbad - Planning Department - Disclosure Statement Owner Name: Leucadia County Water District, a political subdivision Mailing Address: 1960 La Costa Avenue, Carlsbad CA 92009 Telephone: (619) 753-0155 Signaru Mi-^fc T Date ill Print or type name of owner Signature Date Print or type name of owner NOTE: The ultimate approval by LCWD requires resolution of utility and facility relocation, easement, and land ownership issues. Owner's Information for Items 5) and 24) of City of Carlsbad Land Use Review Application Owner: La Costa Hotel and Spa Corporation, a California corporation c/o Pete Bethea, John Burnham & Company Mailing Address: 4520 Executive Drive Suite 111, San Diego, CA 92121 Telephone: (619) 558-5630 I certify that! am the legal owner and that all of the above information is true and correct to the best of £ny knowledge. Signature Date Signature Date 24) In the process of reviewing this application it may be necessary for members of city staff, planning commissioners, design review board member 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. Signature^ Date Signature Date Owner's Signatures for City of Carlsbad - Planning Department - Disclosure Statement Owner:La Costa Hotel and Spa Corporation, a California corporation c/o Pete Bethea, John Burnham & Company Mailing Address: 4520 Executive Drive Suite 111, San Diego, CA 92121 Telephone: (619) 558-5630 s>7 / \.rn Signature Date Signature Date Print or type name of owner Print or type name of owner USE DESCRIPTION PLAZA LA-COSTA LUCKY SAV-ON SHOPPING CENTER NEC EL CAMINO REAL & LA COSTA AVENUE CARLSBAD, CALIFORNIA September 12,1997 The project site is currently developed with 69,000 ± square feet of mixed-use commercial retail, office and restaurant uses. The existing center will be demolished and the site cleared prior to construction of the proposed development. Additional parcels of property will be acquired from adjoining neighbors and added to the existing shopping center site. Lucky Sav-on proposes to construct a new market with a ground floor of 61,025 ± square feet. Five retail pad sites are proposed for a total of 22,500 ± square feet. ARCO proposes a 2,732 ± square foot service station, hi total, approximately 86,257 ± square foot of structures are proposed. The project site includes approximately 455,174 + gross square feet of land area. The net project site, after deduction of right-of-way dedication, is approximately 436,448 ± net square feet. The existing and proposed shopping center site is within a Community Commercial District, zoned C-2 (General Commercial). A small portion of the northeast comer of the proposed Lucky Sav-on site is zoned P-C (Planned Community). A table of the existing and proposed land uses follows: APN Portion 216-123-06 216-124-01, 02, 03,18 Portion 216-124-05 Portion 216-124-19 Existing General Plan O-S c u T-R Proposed General Plan N N N N Existing Zoning P-C C-2 C-2 P-C Proposed Zoning C-l C-l C-l C-l Area (Acres) 0.14 10.51 0.93 0.20 Lucky proposes a modern supermarket. This expanded retail space invites Lucky shoppers to browse in areas such as, deli, bakery, greeting cards, one-hour photo, fresh seafood, produce, cosmetics, full service pharmacy and floral departments. A Bank of America branch, is featured within the Lucky Sav-on store for banking convenience. The Lucky Sav-on retail sales area is approximately 46,285 square feet with the balance of the ground floor square footage being comprised of food preparation, offices and storage. The upper mezzanine level encloses 3,200 square feet of office space and mechanical equipment. Lucky shopping center provides additional employment, property tax and sales tax dollars to the City of Carlsbad. Residential neighbors are provided local jobs. Each Lucky typically employees from 80-130 people. The varied departments provide both full and part-time jobs. The retail pad businesses offer additional tax revenues and employment. Project Use Description Page Two Lucky Sav-on requests the right to operate 24 hours a day, engage in the sale of packaged spirits, wine and liquor within the store, engage in minimal vending-sidewalk sales, and conduct seasonal outdoor sales in front of the store. The shopping center features a notably Carlsbad Corridor flavor with a Spanish architectural influence. The predominant colors are warm pastels, such as La Mesa salmon, with cooler lavender-blue and aquamarine ceramic tile accents.. The upper exterior walls are of an EIFS (stucco-like) finish. The proposed construction is masonry and steel framing with concrete slab-on-grade. Clay tiles are featured on roof elements. Rooftop mechanical equipment will be screened with cap screens that match the color of the building. The parking lot is proposed to be illuminated by high-pressure sodium fixtures. The average light spread across the site is 4 to 7 foot-candles. Light fixtures can be shielded to prevent spill onto adjacent properties and streets. Customers may easily access the shopping center from several entry/exit points. Both pedestrian, bicycle and vehicular access are available to each store location from adjacent right-of-ways. Three vehicular access locations are proposed. Full vehicular turning movement is proposed at the main site access locations from El Camino Real and from La Costa Avenue. Only right-in and right-out turning movements are proposed at the most northern drive from El Camino Real. A new traffic signal is proposed at the driveway on La Costa Avenue. APN 216-121-16 } C ZONING: P-C APN 216-124-19 ZONING: P-C GENERAL PLAN: T-R GENERAL PLAN: 0-5 PN 216-123-06^. r ZONING: P-C ' POR. APN 216-123-06 SEE TABLE BELOW APN 216-124-05 ZONING: C-2 GENERAL PLAN: (U 1 GENERAL PLAN: 0-SPOR. APN 216-124-19 SEE TABLE BELOW POR. APN 216-124-05 SEE TABLE BELOW APN 216-122-01 J ZONING: P-C GENERAL PLAN: 0-S *// •APN 216-124-01, 02, 03, 18 SEE TABLE APN 216-122-23 ZONING: P-C GENERAL PLAN: 0-S APN 216-124-13 ZONING: C-1 (Q) GENERAL PLAN: (C) APN 216-124-11 ZONING: C-1 (0) GENERAL PLAN: (C) APN 216-122-24^ ZONING: P-C GENERAL PLAN: 0-S LEGEND: SUBDIVISION BOUNDARY LOT LINE 0' 125' _500' ~25V 1000' SCALE: 1" = 500' TABLE FOR GENERAL PLAN AMENDMENT/ZONE CHANGE VICINITY MAP t \^ ^$ APN POR.216-123-06 216-124-01,02,03,18 POR. 216-124-05 POR. 216-124-19 EXISTING GENERAL PLAN 0-S C U T-R PROPOSED GENERAL PLAN N N N N EXISTING ZONING P-C C-2 C-2 P-C PROPOSED ZONING C-1 C-1 C-1 C-1 AREA (ACRES) 0.14 10.51 0.93 0.20 REQUESTED BY: AMERICAN STORES PROPERTIES INC. 348 EAST SOUTH TEMPLE SALT LAKE CITY. UT. 84111 CONSULT AAl T S 7220 AMnido Cfldnn SCALE MAP FOR LA COSTA LUCKY SAY-ON SHOPPING CENTER I 121-283 GENERAL PLAN AMENDMENT AND ZONE CHANGE SHT. 1 OF 1 SHTS. DATE 8-11-97 F:\JDBS\961033\9633SMD2 9-9-97 3'18'47 pn ESTXRFF- USE DESCRIPTION PLAZA LA-COSTA LUCKY SAV-ON SHOPPING CENTER NEC EL CAMINO REAL & LA COSTA AVENUE CARLSBAD, CALIFORNIA The project site is currently developed with 69,000 ± square feet of mixed-use commercial retail, office and restaurant uses. The existing center will be demolished and the site cleared prior to construction of the proposed development. Lucky Sav-on proposes to construct a new market with a ground floor of 61,025 ± square feet. Five retail pad sites are proposed for a total of 22,500 ± square feet. ARCO proposes a 2,732 ± square foot service station. In total,'approximately 86,257 ± square foot of structures are proposed. The project site includes approximately 455,174 ± gross square feet of land area The net project site, after deduction of right-of-way dedication, is approximately 436,448 ± net square feet. The existing and proposed shopping center site is within a Community Commercial District, zoned C-2 (General Commercial). A small portion of the northeast corner of the proposed Lucky Sav-on site is zoned P-C (Planned Community). Lucky proposes a modem supermarket. This expanded retail space invites Lucky shoppers to browse in areas such as, deli, bakery, greeting cards, one-hour photo, fresh seafood, produce, cosmetics, full service pharmacy and floral departments. A Bank of America branch, is featured within the Lucky Sav-on store for banking convenience. The Lucky Sav-on retail sales area is approximately 46,285 square feet with the balance of the ground floor square footage being comprised of food preparation, offices and storage. The upper mezzanine level encloses 3,200 square feet of office space and mechanical equipment. Lucky shopping center provides additional employment, property tax and sales tax dollars to the City of Carlsbad. Residential neighbors are provided local jobs. Each Lucky typically employees from 80-130 people. The varied departments provide both full and part-time jobs. The retail pad businesses offer additional tax revenues and employment. Lucky Sav-on requests the right to operate 24 hours a day, engage in the sale of packaged spirits, wine and liquor within the store, engage in minimal vending-sidewalk sales, and conduct seasonal outdoor sales in front of the store. The shopping center features a notably Carlsbad Corridor flavor with a Spanish architectural influence. The predominant colors are warm pastels, such as La Mesa salmon, with cooler lavender-blue and aquamarine ceramic tile accents.. The upper exterior walls are of an EIFS (stucco-like) finish. The proposed construction is masonry and steel framing with concrete slab-on-grade. Clay tiles are featured on roof elements. Roof-top mechanical equipment will be screened with cap screens that match the color of the building. The parking lot is proposed to be illuminated by high pressure sodium fixtures. The average light spread across the site is 4 to 7 foot-candles. Light fixtures can be shielded to prevent spill onto adjacent properties .and streets. Customers may easily access the shopping center from several entry/exit points. Both pedestrian, bicycle and vehicular access is available to each store location from adjacent right-of-ways. / Three vehicular access locations are proposed. Full vehicular turning movement is proposed at the main site access locations from El Camino Real and from La Costa Avenue. Only right-in and right-out turning movements are proposed at the most northern drive from El Camino Real. RPR-3S-1997 12:05 RHL DESIGN-Lfi HABRn 310 9-32 S02t> ARCO Project Description: A 24- hour, 2796 square foot, ARCO am pm Mini-Market, Convenience Store selling Gasoline, Groceries, Snack items & Beverages, Including Beer and Wine for off premises consumption. A detached Gasoline Canopy for Self-serve Gasoline Sales. 04-30-1997 ll:56PtM 310 902 B026 " P.02 CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: ZONE CHANGES ZONE CODE AMENDMENTS GENERAL PLAN AMENDMENTS A proposed project requiring thai multiple applications be filed must be submitted prior to 33Q p.m. A proposed project req&aisg that only otte application tie filed must be submitted prior to 4:00 p.m. The following materials shall be submitted for each application or for combined applications on a single project Except as noted under "HI. OTHER REQIHREMENTS" in A and B under Property Owners List and Address Labels. I. REQUIRED PLANS (folded and delivered in complete sets) \3^ A. COLORED SITE PLAN AND ELEVATION PLAN: (Not required with first submittal). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by 12:00, noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. [v[ B. LOCATION MAP: one (1) copy of 8 1/2" x 11" (suggested scale 200" -vicinity maps on the site plan are not acceptable). C. SCALE MAP: reproducible 1 :500 of subject property showing requested General Plan or zoning with the acreage involved and surrounding General Plan, zoning and land use. H. DOCUMENTS |~1 A. Environmental Impact Assessment Form (Separate fee required) pi B. Public Facility Agreement: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. (Separate Fee required). fwf C. Disclosure Statement. D. Three (3) copies of the Preliminary Title Report (current within the last six [6] months). ICr E. Proof of availability: 1 . Sewer - if located in the Leucadia County Water District. 2. Sewer - if located in the Vallecitos Water District. 3. Water - if located in the Olivenhain Municipal Water District. |Tf F. Completed "Project Description/Explanation". [\/\ G. Signed "Notice of Time Limits on Discretionary Applications". FRM0007 2/96 Page 1 of 2 Hf 8. For residential projects within Vista. Encinitas or San Diequito School Districts, the applicant shall indicate y' whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District and the San Marcos Unified School District, the applicant shall submit written confirmation that school facilities will be available to serve the project at time of need. Three (3) copies of the Preliminary Title Report (current within the last six [6] months). 10. Proof of availability: a. Sewer - if located in the Leucadia County Water District. b. Sewer - if located in the Vallecitos Water District. c. Water - if located in the Olivenhain Municipal Water District. 11. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. 12. For Zone Code Amendments also provide the proposed text indicating where it fits into the existing text. Indicate proposed revisions by using strikeouts and/or underlines showing modifications. 13. Completed "Project Description/Explanation". 14. Signed "Notice of Time Limits on Discretionary Applications". 15. Deposit for Publication of Notices - See Fee Schedule for amount. FRM0007 2/96 Page 2 of 2 CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: FLOODPLAIN SPECIAL USE PERMIT As per Municipal Code Section 21.110.130 a Floodplain Special Use Permit must be obtained in addition to any other required permits or entitlements before construction or development begins within any area of special flood hazards, areas of flood related erosion hazards or areas of mud slides. A proposed project requiring that multiple applications be filed mu& be submitted prior to 3:?0 p.m, A proposed project requiring that only one application be filed mast be sa&mitted prior to 4:00 p.m* All application exhibits (i.e., Site Plans, Landscape Plans and Constraint maps, should be prepared at the same scale (use a scale no smaller than 1" = 40'). The following materials are required to be submitted with each application except as under "HI. OTHER REQUIREMENTS" noted on A and B. I. REQUIRED PLANS; (folded and delivered in complete sets) SITE PLAN: Ten (10) copies. The applicant will be required to submit fifteen (15) copies of the site plan at the request of the Project Engineer prior to approval of the project. The site plan requirements shall be the same as the site plan requirements for a regular Special Use Permit where the project requires a Special Use Permit absent the floodplain intrusion. Otherwise only the following information need be included on the site plan. 1. General Information [~] a. Name address and telephone number of the owner/developer and registered Civil Engineer who prepared the plan. PI b. North Arrow and scale. f~| c. Date of Preparation and revision dates. 2. Site Information: a. General |~1 1) Approximate location of existing and proposed buildings and permanent structures. f~| 2) Location of major vegetation. r~1 3) Location of railroads. | | 4) Bearings and distances along each boundary line. [~1 5) Interior lot lines with approximate dimensions. [~| 6) Materials storage areas. b. Streets and Utilities ["I 1) Location width and name of all existing and proposed streets and alleys within and adjacent to the project site. [~| 2) Width, location and use of all existing and proposed easements within and FRM0002 2/96 Page 1 of 4 liarentadjacent to the project site. | | 3) Location of all existing and proposed utilities, c. Grading and Drainage | | 1) Approximate existing and proposed contours at 1 foot intervals for slopes less than 5%; 2 foot intervals for slopes between 5% and 10%;and 5 foot intervals for slopes exceeding 10%. Extend contours sufficiently out from the site to adequately show the adjacent floodplain. |~| 2). Earthwork volumes: cut, fill, import and export. | | 3) Location width and/or size of all watercourse and drainage facilities within and adjacent to the proposed project. fj 4) Clearly show and label the 100 year flood line for the before and after development condition. | | 5) Indicate proposed elevation in relation to sea level of the lowest floor (including basement) of all structures. |~| 6) In Fema Zone AO or VO show elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. [~| 7) Show proposed elevation in relation to mean sea level to which any structure will be floodproofed. 0 B. CONSTRAINTS MAP: (24" x 36") folded to 8 1/2" x 11" shall include the following information: |~| 1. Major ridge lines |~~] 2. Distant views |~| 3. Internal views | | 4. Riparian woodlands [~"| 5. Intermittent drainage course fj 6. 25 - 40% slopes [] 7. Slopes 40% and above r~| 8. Major rock outcroppings PI 9. Easements Floodplains -~ |~| 11. Archaeological sites ["I 12. Special planning areas - Type of Special Planning Area FRM0002 2/96 Page 2 of 4 fe scrub and chaparral plant D D ig/E. D F- n. 13. Biological nabitat. Indicate the location of coastal communities existing on the site. 14. Beaches 15. Permanent bodies of water 16. Wetlands 17. Land subject to major power transmission easements 18. Railroad track beds. COLORED SITE PLAN AND ELEVATION PLAN: (Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. REDUCED SITE PLAN: One (1) copy 8 1/2" x 11" . LOCATION MAP: One (1) copy 8 1/2" x 11" (suggested scale 1" = 200"). OTHER PLANS: Two (2) sets showing the back water profile and floodway cross sections. DOCUMENTS ^ A. Environmental Impact Assessment Form (Separate Fee Required) 0"]B. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. (Separate Fee Required) C. Disclosure Statement. D D^. D. Two (2) sets of the hydrology and hydraulic calculations. Include HEC-1 and HEC-2 computer printouts with appropriate annotations to clarify readouts. Two (2) copies of all required certifications listed in Section 21.110.150(4) of the Municipal Code signed and sealed by a registered Civil Engineer or other appropriately licensed professional. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips: Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: 1. 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. FRM0002 2/96 Page 3 of 4 ^j 2. Project tra^rc generation rates and traffic assignment/ 3. Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4. Any proposed mitigation requirements to maintain the public facility standards. 5. On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. G. Completed "Project Description/Explanation" sheet. H. Completed "Notice of Time Limits on Discretionary Applications". I. Deposit for Publication of Notices - See Fee Schedule for amount. OTHER REQUIREMENTS A. Property Owner's List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP. TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. A typewritten list of the names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (TT) no larger than 1 Ipt. Sample labels are as follows: FRM0002 2/96 Page 4 of 4 City of Carlsbad Planning Department AMENDED DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person_ Title Corp/Part Title Address Address 2.OWNER (Not the owner's agent) See Note below 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, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part American Stores Properties, Inc . Title Address Knott Avenue Address Buena Park, CA 906 2 0 The original Disclosure Statement is amended to delete La Costa Shopping Center, Inc. and La Costa Hotel and Spa Corporation and insert in their places American Stores Properties, Inc., a wholly owned subsidiary of American Stores. 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 J.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust, Title Non Profit/Trust, Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. AMERICAN STORES PROPERTIES, INC, By: W&>C-^->ASPI Entitlement Signature of owner/date Signature of applicant/date By:.Kareem All - ASPI Entitlement Mgr. Print or type name of owner/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 itv of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: 1. J. 4. Applicant List the names and addresses of all persons having a financial interest in the application TVope £. A- 2 2. Owner List the names and addressees of all person having any ownership interest in the property involved. ^ bD LA/^STA toe • If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. DISCLOS.FRM 2/96 PAGE 1 of 2 2O75 Las Palmas Drive - Carlsbad. California 92OO9-1 576 • (619)438-1161 N. Disclosure Statement (Over) Page 2 5. Have you had more than $250.00 worth of business transacted with any member of City staff. Boards, Commissions, Committees and Council within the past twelve months? Yes No X If yes, please indicate person(s) Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) See Attached Signature Print or type name ot owner signature of applicant/date Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Date MA. Relationship to Application (Property Owner-Agent) FRM0037 2/96 IJI COSTA.. & limited partnership, as Qrer.tor, for end in consideration of the cms. of Tan Dollar! 4nd othe? vftlutbla consideration ptid b7 San Eisgo Gas & Sleot-ric Coajssny. 6 oorportUon, aa Ortnt«o, raoeipt vhfreof is hsroby acknowledged, do hereby grant to aaid Sui Diego CJ«a t Electfiu Oostp-ny, a corporation, its successors »nd assigns, wi eaaanent of right of way 150 feet in width in, upon, over and across tha lands horeineft-er deocribad, to eraot, construct, reconstruct, replace, repair, jsaintain and use, a line or independent linss of poles and/or steel tovsra, and wiros and/cr cables suspended thereon and supported thereby, for the transmission and distribution of electricity and for all other purposes connected therewith, and for telephone, signal sad cosssunication purposes, including guys, iuchorage, crossarmsj braces and all other appliances and fixtures for use in connection therewith, at such locations and els rations up-n, along and over the hereinafter deecribed right ojf way os Grantee may now or hereafter dem convenient and necessary free time to time, together with the right of ingress •'hereto aad egress therefrom, to and along said right of w*y by a practical route or routes in, upon, over and across the hereinafter described lands, together vith tha right to clear aid keep clear said right of war froa explosives, brildlngs, structures and inflaaaiibls materials for protection fron fire and other hazards. Tha laods in which said -asement of right of way is hereby granted are situated in the County of Ssn Diego, State of California, and are particularly described as follov?, to-witt Lot 9 in Section 3S, Township 32 South, Rsaga U West, SanBernardino Meridian, in the County of San Diego; State of California, according to United States Government Survey approved Hay 3, 1883, and shown on the map of said Survey as lying within the Salt Marsh or Slough. BXCSPTISQ therifroa that porMon of said Lot 9V described as follows< • • '•' . : -":".. '-.-Beginning at a point in the East line of said tot 9 that, is distant thereon South 0* 09' 10" East, 69.76 feet fron theKortheaot corner of said 1/jt 9j theno* along the said East lina :of Lot 9 South 0* 09" 10" East, Ii95 feetj thence South 89* £0' S0» West, ItkO feet; thence Worth 0* 09' 10" West, 195 feat; thenco North 89* 50" SO" East, I4|0 feet to tn<< POINT OF BEGINNING. Tha atoKaflnt of right of w»y in tha aforeeeid lends la particularly described- as fellowsj Th» Southwesterly line of said right of wey shall ba parallel Kith an* 50 feet Southwasterly, i»»sur*<S at rightenglea, and the Northeasterly llM of said right of way shall b« parallel with and 100 feet Northeasterly, mscaured at right angles, froa the following described lines Beginning at a point on the Southerly line of Ssollon 26, ssid Tcwsahi? and Range, diatant thereon 1977.9? feet Easterly ?r<*a tfc» Southwest corner of said Sectioa 26; tJien-e Couth 2ii* £9" 39" Eaot, a distanci of 1O22.95 feetj thanes Sooth 20' $2' 05" S»at, « diatmce of 1716.18 fe«t to e. point on the Southerly Una of ssi<i Saction 3S< distant thereon 9i;!i.63 *aet WssUirly fr«s tha Southeast corner of said Ssction 35. The olds lines of the abcre described right of uay ohsJJLbe lengthenad and/or diortsned eo as to tcrsdnata esl<i aide Ha*s in the bouadaries of tha above described property. Sxceptiag fro«4 tJia abc-re described ri^-'its of vsy cry portions thereof not lying within the abov* described iaaia of tha Grantors herein. jEh the eierciso of tha rights heraby grsnta'?., Qrsntoa shall avoid unreasonable Interference of such use by Grant-or end their successors in estate of tha aforesaid lands as is not inconsistent with vha full enjoyaent of the rights herein granted to Qraoteej provided, however, that Oraetflr and their successors ia estate shall not erect or construct, or persit to be erected or constructed, fi^f building or ether structsa^J. plant any tree or trees, or drilj. any well or wslls, vithin the limits cf said rigfi of way. Granted daall have tie right to erect, maintain and use gates in all fences within the right of way area which now cross or shall here- after cross said rente or routes, and to trim and cut and clear away any trees and brush within the right of way area wheaeve'. ia its judgiient the sane shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign this easeaent in whole or In part being hereby granted to the 3rantoa. The Grantor grants to the Grantee, its successors and assigns, the right to trim or top aid to keep trimned or topped, any and all trees on the lands of the Grantor adjacent to said rigbt of way atrip for a dis- tance of 20 feet froa the exterior lines of the right of way strip, to such heights as in the Judgnent of the Orarrtee, its successors or assign?, shell ts rexsc-cably nsojaeary for the proper construction, operation and Baintaaacoa ot esid electric transniasion linn or lines, but st no point 2=*^ds its ritiit of »«y strip to a height of less thsn 30 feat. Grentor agree • that no other easement or easements shall frs granted on, ander or orer s«id atrip of land by Grantor which would intarfsre with reasonable use of Use right of way by Qrgntee, without the pre-rioua vritter consent of Qrer.tse. It la also understood and agreed by the parties hereto that ttia Qrantor sad their trooeessora or assigns, shall not increase or dacr-uast, or parait to be increased or decreased, the existing ground elevations o' the afaova describsd right of way, existing at the tine this docuncnt la execute.!, without the proTioua writt-sn consent of tha Grantee. It ±a the latent of tMa instrument to correct en ei-ror by colsaion in the Grant of Bight of V*y g-anttd to the San Diego Gas & LlectriG Co^>any by the Grantor serein, and recorded in the Office of the County B«eord*r a' said Saa Diego Coonty, on October 16, 1956 ss Document Bo. la Bcofc 6301, at Page 162 of Official Records. Grantor executed these presents thia STAK 0? CALXPOBHIa. ) Co-mty of- A.D.. ^. - , before me. Publio^in and fcr the said__.,.-. _ —_^w^ - ---. ^A& M*JU j.(.z~ uae Baza . - — 7/—, ting .yierein, duly coKBiseioned and awom, personally cppaatrad,/fsv j \t- S*t si?*/Z**^c-**' '•'••• -^•••',. personally knovn to me to be one of t& partaBra of ttw/Jarteershl5"aat executed Uw within instruaeat,and acknowledged to oe that aneh partnership executed, the same. . • „ : IH WTSJB3S WHEREOF, I hare hereunto set ay hand and aff lied ay ; • £lal aeal the day and -rear in this oertifleat- «••••*.••s™™''^**--"'"-'-.--- -JUH20 saga 3 eoac isa OTTKMl ffiCOBS « SWDttGOCOUIOY.aiJF. A. S. CRAY, RECWSKR . .--- -v •—••» ~»i AJ.JLUWU ay .".-.•'.• . r Jj> tola certificate first above 'nrftljen^:' V ^&&£&^!^&'j^ " ^ ; v^-^-" •'f^^f^^^c^Tnd^f';; |;<...• i'rioter ^ MILDRED1 d.GETMAN', My Commliilon rxplrat Aufl- V, I*55 - 3 - y^<i?w^^*«W^ '-ft>JWJV*W!i<!*>««l*«W«CT PRELIMINARY REVIEW APPLICATION PROJECT NAME: OWNER (Print or type) * Address City, State & Zip^ Telephone Signature_ APPLICANT (Print or type) Print Name Address City, State & Zip. Telephone Signature *Owner's signature indicates permission to conduct a preliminary review for a development proposal. PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN): 2f 6 - rQ O~ O ho DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): fa <M/U OJl&fN4r~r^r frxTte&ta^ WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF YES PI NOPLANNER/ENGINEER? PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. Mte . FOR CITY USE ONLY PROJECT NUMBER: FEE REQUIRED/DATE FEE PAID: RECEIPT NO.: ' RECEIVED BY: Routing: Planning Engineering Fire Water Other FRM0025 12/99 PAGE 3 of 3 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: COURTNEY AND LE ARCHITECTS Description PRE01072 Amount /i^n nn 546° ^28/01 000201 02460.00 CC3P 460.00 Receipt Number: R0024316 Transaction Date: 11/28/2001 Pay Type Method Description Amount Payment Credit Crd VISA 460.00 Transaction Amount: 460.00 08-25-1999 10:34RM FROM O'Day Consultants TO 19497520885 PROJECT NAME: OWNER.{Prmt ortyjpe) , -*• §teve. Grant/Grant Address:'.Qne:^i^e^..'Se^yp(^t.-^La.zgj^ ^gi^^iii .....,t...orie 949//251-2Qa5: :n. '"• -'l'::'^f*f' '-,'.^ .-..--.-t--.— - .. .-. • :^PJ4CANT>;(PoFint or typd) i.tz : +.-. Ruth Architects . Plaza t. Suite 200 rt-VBeach.,, CA 92660 *Owuer's signatnre indicates permission to conduct a preliminary review for a development proposal. PROJECT ASSESSOR'S PARCEL NUMBERCSUAPN): 216/124-01, 02, 03, 18 216-124-05, 19 216-123-06 DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): Design modification for Building C, Building D, Building E and Building F, See attached letter to Mr. Van Lynch dated 9-30-99 for detailed description. WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YJES EJ NO Q PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. Mr. Van Lynch. See attach letter: Dated 10-01-99 FOR CITY USE ONLY PROJECT NUMBER: _ FEE REQUIRED/DATE FEE PAID: RECEIPT NO.: $420.00 RECEIVED BY:. Routing: Planning Engineering Fire Water Q Other_ FRM0025 11/98 PAGE 3 of 3 CONSULT f\ TRANSMTTAL LETTER TO: SEE BELOW ATTN: TO: DATE: 05/02/97 JOB NO.: 961033 PROJECT: LUCKY #121-283 RE: Submittal for CUP,EIA, GP Amendment, SDP,SUP,TM,Zone Change, SUP Floodplain T.M.: DWG: TRANSMITTED VIA HAND PHONE NO. 760-438-1161-4448 FAX NO. 760-438-0894 0 2 1997 City of Carlsbad Christer Westman 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Enclosed: 1 Land Use Review Application 1 Check in the amount of $15,425.00 10 Tentative map 10 Site plans 10 Landscape plans 10 Building elevations 10 Floor plans 1 Roof plan 1 Reduced site plan and building elevations 1 Location Map 1 Environmental impact assessment form w/ preliminary vegetation inventory 2 Public facility agreement 1 Disclosure statement 3 Preliminary Title Report 1 Proof of availability of sewer 2 Traffic study 2 Preliminary soils report 1 Preliminary hydrology map/calcs 1 Photographs 1 Construction materials board/color samples 1 Notice of time limits on discretionary apps 1 Project description/explanation 1 Sign program 1 Scale maps 2 Back water profile & floodway x-section 2 Hydrology and hydraulics (HEC studies) 1 Lucky policy info on alcoholic beverages Remarks: Enclosed is submitted for your review and approval. Should you have any questions or comments, please do not hesitate to call me. Thank you. cc: Penny Milton, Fortney; Kareem Ali, ASPI; Paul Loubet,ARCO; Pete Bethea^La C Larry Tucker, Pacific Development By: 7220 Avenida Encinas Civil Engineering Suite 204 Planning Carlsbad, California 92009 Processing 619-931-7700 Surveying Fax:619-931-8680 ShoppingCenter; lance -., I I'll'/</£• CITY OF CARLSBAD l! • ' 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM DATE ~r? ' ACCOUNT NO. 0 •• Prt ,n'/~f * RECEIPT NO. 39075 DESCRIPTION <( )P 97-^3, ( 1 (-n~ ^9 p^S CD- '^'"1 ftMP r~T^Cl\l n<~itn~Lr 1 1 r i i . 4648 05/02/97 NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT -7>/, s-si s ^l :.)/:/'> £&/ i —•,,*•- -^tin m 0001 01. 02 5 /6 ^/^S ^; I Printed on recycled paper.CASH REGISTER O! ° -Jl"I 1& CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM(_L •. i .••it" '1 .. , . s . t. r> > '. r» ^-. ."-y'J TV i -i... i M .DATE=i'D \>jf\r C-PRHT 15425. 00 ACCOUNT NO. C - A> .',1)i \ * RECEIPT NO. 39074 DESCRIPTION eoP Q"/-Y}^ r Prl 9"7 ^ -srsp cn-o"i ?ci. 9? rvo SoP Q-y-o^ $ '-\ PF r poi-^/r iVjV.i'y. NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT #••) ..<- i ^^ <7§ <; =^ ^r> ^ ^ ''"''• ),)^d tins J30 GfiS 561 ^6 ^ C/,^'.'1 cV) / /• .-.-A—*-... / Printed on recycled paper.CASH REGISTER Perkowitz + Ruth architects inc. Architecture / Planning / Interiors To: Mr. Van Lynch CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Project: shop Buildings C, D, E and F, La Costa Plaza El Camino Real and La Costa Ave. Carlsbad, CA Re: Substantial Conformance Review Application TRANSMITTAL Date: October 13, 1999 Project No.: 99-212.22 El Enclosed D Under Separate Cover Description: 0 Site Plans El Elevations D Sketches El By Hand D Via Cal Overnite D Shop Drawings D Specifications El Correspondence Copies 1 1 1 4 sets 4 sets 4 each 1 1 7 Remarks: 0 At Your Request El For Your Approval D For Your Signature D Via Mail D Via Messenger 0 Prints D Mylar D Sepias Description Signed application form and the check #245 with the amount of $420.00 The letter from Jon Zaich to Van Lynch dated 9-30-99 The letter from Larry Tucker to Van Lynch dated 10-1-99 Site plan dated 10-4-99 Floor plans and elevations of Buildings C, D, E and F dated 10-4-99 Landscaping plan Sheet 7 and Sheet 8 Mounted colored elevations of Buildings C, D, E and F dated 10-4-99 Color and material board Section and Detail cut sheets D For Review & Comment D For Your Use/Info D For Your Files D For Distribution D For Bidding D Other: Dear Van: For your review and approval, enclosed please find the submittal for Substantial Conformance Review at your request. Thanks for assisting us in the approval process. Please don't hesitate to call me if you have any questions. PERKOWITZ + RUTH ARCHITECTS, INC. By: Title: Copied: Steve Grant, GTP (w/ encl.) Jon Zaich, WSP (w/ encl.) Project Manager Regional Office: 15 Corporate Plaza, Suite 200, Newport Beach, CA 92660 * (949) 721-8904 Corporate Office: 111 West Ocean Boulevard, 21st Floor, Long Beach, CA 90802 » (562) 628-8000 S:\Percy\trn\Gtp1013.doc (3/99) City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Applicant: PERKOWITZ AND RUTH ARHITECTS Description PRE99068 Amount 420.00 499210/13/99000101 02 C-PRMT 420 -00 Receipt Number: R0007126 Transaction Date: 10/13/1999 Pay Type Method Description Amount Payment Check 245 420.00 Transaction Amount: 420.00 „) TRANSMITTAL LETTER To: See below Attn: Date: 5/19/98 Job No.: 961033 Project: Lucky #121-283 Re: Tentative map T.WLCT 97-09 Dwg: TO: TRANSMITTED PHONE NO. FAX NO. VIA City of Carlsbad Courier 760-438-1161 760-438-0894 Jeff Gibson 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Enclosed: 13- Bluelines of site plan, floor plan, elevations, landscape 1- Photomylar - reduced site plan, building elevation, floor plans 1- Copy of letter dated 4/30/98 regarding submittal requirements Remarks: Enclosed is being sent to you per your request. 600'owners list is being sent to you under separate cover by Fortney & Associates. If you have any questions or comments, pjease letjrie know. Thank you. cc: Kareem Ali, ASPI Dorian Fortney, Fortney Larry Tucker, Grant/Tucker 'urviance RECEIVED MAY 1 9 1998 CITY OF CARLSBAD PLANNING DEPT 2320 Camino Vida Roble Suite B Carlsbad, California 92009 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying E-mail:odayconsul@aol. com TRANSMITTAL LETTER TO: SEE BELOW ATTN: TO: DATE: 09/10/97 JOB NO.: 961033 PROJECT: LUCKY #121-283 RE: Resubmittal for GPA 97-02/ZC 97-02/ SDP 97-07/CT 97-09/SUP 97-02/SUP 97-03/ CUP 97-03/PUD T.M.: DWG: TRANSMITTED VIA HAND PHONE NO. 760-438-1161 FAX NO. 760-438-0894 RECEIVED SEP 1 6 1997 CITY OF CARLSBAD PLANNING DEPT. City of Carlsbad Jeff Gibson 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Enclosed: 1 Redlines of previous submittal 1 Copy of City comments (Planning-6/2/97, Engineering-6/10/97) 1 Check in the amount of $5,510.00 for non residential PUD submittal 1 Narrative response to Planning and Engineering comments 10 Tentative map 10 Site plans 10 Landscape plans 10 Building elevations 10 Floor plans 1 Roof plan 1 Reduced site plan and building elevations 2 Public facility agreement 1 Disclosure statement 3 Updated preliminary Title Report 1 Proof of availability of sewer from LC WD 1 Preliminary hydrology map/calcs 1 Project description/explanation 1 Sign program 1 Scale map 1 Letter from LCWD re: tank environmental impacts 1 SDGE "grant of easement" document 1 Modification request letter requesting relief from requirement that all signs be constructed of wood 1 Response to comments by Dr. Chang 1 ARCO site history letter 1 Traffic study supplement 1 ARCO environmental documents from San Diego County files 1 Wetlands delineation map 1 Vegetation inventory/biological study Remarks: Enclosed is submitted for your review and approval. Should you have any questions or comments, please do not hesitate to call me. Thank you. cc: Rich Lloyd, Fortney; Kareem Ali, ASPI; Paul Loubet,ARCO; Pete Bethea, La Cosja Shopping Center; Larry Tucker, Pacific Development 7220 Avenida Encinas Suite 204 Carlsbad, California 92009 619-931-7700 Fax:619-931-8680 Civil Engineerin, Planning Processing Surveying Purviance 03-17-1997 12=28PM FROM O'Day Consultants TO 4380894 P.02 City of Carlsbad fees for Lucky #121-283 Planning Department Fees 1. Conditional Use Permit $ 2,500.00 2. Environmental Impact Assessment $ 220.00 3. General Plan Amendment $1,200.00 4. Notice Fee $ 500.00 5. Sign Program $ 175.00 6. Site Development Plan (major) $ 5,530.00 7. Special Use Permit $ 280.00 8. Special Use Permit Flood Plain $1,150.00 9. Tentative Tract Maps $3,200.00 For 12 acres: $2500+ 100* (12-5) = 33200 10. Zone change $ 280.00 11. Public facilities fee deposit $ 50.00 Total $15,085.00 TOTRL P.02 SCHEDULE 5 Typical Impact Fees, Assessments and Municipal Fees The following is a listing of typical fees imposed on a development project, beyond th scope of sit construction. Therefore, they are often not covered by the pro rata cost maximum stipulated in the Contract The naming of these fees may vary in each municipality, but each category should be evaluated and investigated for each project. pte^E GVWEofc. AMD flot^ tp-L<V\p*c-r,NSS*SSi>ACA/T f-ges. ^ pun TO A : Traffic/transportation impact fee, mitigation fee or assessment district *^e<& /2. Sewer impact fee or assessment district If 3. Water District Fee or assessment district 4. ' Special assessment district 5. State Highway Department Q Permits L"] Plancheck Y 6. Fire department V 7. Health Department 8. Police Department 9. Capital Impact Administration Charge S, 10. Public Facility and Equipment 11. Open Space 12. Sanitary Landfill 13. Refuse Collection 14 Affordable Housing Mitigation Fee 1 5 . Regional or Neighborhood Architectural Commissions ^16. School Fee 17. Street Tree Fee 1 8. Art in Public Places (fee in lieu of) ^19. Fees in lieu of development items (usually public improvements that are to be delayed or forgiven) 20. Community Low Income Housing 2 1 . Public Works fees: Grading Fee Checking & Inspection Fee Signalization Drainage Monumentation Deposit Performance Bonds (a percentage of public improvements and grading) Q System Development Q Fire Hydrant fee 22. Permit and Plancheck fees Q* Building Permit Building plan check Construction Tax Microfilm Fee Strong Motion Instrumentation Fee (Earthquake) Job Valuation Fee Fire Sprinkler Plancheck Fee Miscellaneous Utility plancheck and permit fees c _.„ T Q / IMPACTS.LST FORTNEY Associates 3EWd OOSSW A3NldOJ Z626S96309 tZ'-Zl Z66T/Y0/I0 PRELIMINARY REVIEW APPLICATION PROJECT NAME: APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: l Pr" PROJECT ASSESSOR'S PARCEL NUMBER(S) fAPffl;- (^2.4—Ql T?2. DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES NO D PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. C'i/urv Ukvn©, FOR CITY USE ONLY PROJECT NUMBER: FEE REQUIRED/DATE FEE PAID: RECEIPT NO.: d. ' RECEIVED BY: PRELIMINARY REVIEW APPLICATION PROJECT NAME: _ APPLICANT NAME: MAILING ADDRESS: 5/7 PHONE NUMBER: COS/* . -J72F SWQIGE*> <?ZJO/ PROJECT ASSESSOR'S PARCEL NUMBER(S) (APW;— \%H ~O ft DESCRIPTION OF PROPOSAL (ADD ATTACHMENT W NECESSARY): o/v WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES NO PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. FOR CITY USE ONLY PROJECT NUMBER: P&& FEE REQUIRED/DATE FEE PAID: RECEIPT NO.: RECEIVED BY: QUESTIONS TO ASK ON FIRST CONTACT WITH CITY [~1 What is the process name? ^ d Staff D Special Committee [~1 Planning Commission [Zl City Council n Other D How long is process? ^ Q First available dates (allow two to three week lead) Submittal (D Next dates? Submittal [~~1 Application forms r-,n Checklist (~1 Recommended Plant list, or Landscape guidelines (yes/no) n Best contact for application requirements and submittal: meeting meeting Fees? n Format of subminal (sheet size and scale); D Required drawings: Site Plan? D Utilities? d Vicinity map? Cl Light locations? D Site Coverage's (%) D Other _ Q Grading and Drainage? l~] Construction details Pi Erosion control plan CI Drainage Calculations d Drainage report n Utility profiles CD Roadway or pavement sections D Landscape Plan? Q Building elevations? G Other _ d Seals required on any of the above (now or at construction) (yes/no) PI Other reviewing agencies l~l Contact person D Phone number Q Process TO o MOT- City FAX number QUEST.CTY FORTNEY Associates 20 39Vd OOSSV ABNldOJ 2626996209 06-10-03 10:45 From-ONE UPPER NEWPORT PLAZA 949-752-0885 T-266 P.02 'F-0 RECORDING REQUESTED BY, AIND WHEN RECORDED MAIL TO: American Stores Properties, Inc. c/o Albenson's, Inc. 2$OParkcenterBlvd. P.O. Box 20 Boise, Idaho 83726 Attention: #74200R - Legal Department THjtolNAL OF THIS DOCUMENT m RECORDED ON MAY 22, 2003 DOCUMENT NUMBER 2003-060150? GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 11:33 AM Space Above Line for Recorder's Use FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS (ABS #6720 - Carlsbad, California) THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF ELEMENTS ("Amendment") is executed as of the 22"d day of May, 2003, by AMERICAN STORES PROPERTIES, INC., a Delaware corporation ("ASPI"). RECITALS: A. ASPI previously executed and recorded that certain Declaration of Restrictions and Grant of Easements for La Costa Plaza, dated December 7, 2000, and recorded December 12, 2000, as Instrument No. 2000-0674699 in the official records of San Diego County, California (the "Declaration"). B. ASPI is presently the owner of 100% of the land area in the Shopping Center, as defined in the Declaration and described on Exhibit B attached hereto, and, as a result, ASPI has the right to arnend the Declaration as provided herein. C. Pursuant to Article XV of the Declaration, Grant Tucker Properties, a California limited liability company ("GTP") has the right to approve any amendment to the Declaration affecting the GTP Parcels, as defined in the Declaration. GTP has executed this Amendment below acknowledging GTP's consent to this Amendment. D. Pursuant to Article XVI, Section 10 of the Declaration, the City of Carlsbad, a Municipal Corporation in the State of California ("City") has the right to approve any amendment of the Declaration affecting certain provisions and rights of the City, as set forth in the Declaration. The City has executed a letter acknowledging the City's consent to this Amendment. E.ASPI desires to amend the Declaration as set forth below. AGREEMENT: NOW, THEREFORE, the Declaration shall be amended as follows: Hul3cbNSLC\245780.3 April 30.2003 ABS Store No, 6720 (Surplus) NEC LaCosta Ave. & El Camino RealCarlsbad. California 06-10-03 10:45 From-ONE UPPER NEWPORT PLAZA 949-752-0885 _ T-266 P.03 F-9 1. The following definition is added as Article I, Section 2(m) of the Declaration: m. LCWD Easement Area. The area covered by that certain Access and Utility Easement Agreement, dated January 14, 1999 and recorded January 14, 1999 as Instrument No. 1999-0022480 in the official records of the San Diego County Recorder's Office. The LCWD Easement Area shall be operated, maintained, insured and repaired as if it were part of the Common Area. 2. Article III, Section 5(b) of the Declaration is hereby amended and restated in its entirety as follows: (b) Payment of CAM Expenses. Each Owner shall pay to the Manager on or before the first day of each calendar month its "Pro Rata Share" (defined later) of all CAM Expenses (defined later) as set forth in this Section based on the CAM Budget. The pro rata share of the Owner of Parcel 2 shall be 9.59% of the CAM Expenses, subject to the provisions of Section m.5(d) below. Each other Owner's "Pro Rata Share" shall be based on a fraction, the numerator of which is the ground floor square footage of the buildings actually constructed on such Owner's Parcel from time to time and the denominator of which is the ground floor square footage of all buildings actually constructed on the entire Shopping Center from time to time, other than Parcel 2, and such fraction shall be multiplied by 90.41%. Notwithstanding the foregoing, in no event shall the ground floor building area used to calculate such other Owners' Pro Rata Shares be less than the following: (a) the denominator shall be no less than 72,759 square feet for the entire Shopping Center; (b) the ground floor building area for calculating the Pro Rata Share of Parcel 1 shall be no less than 50,259 square feet; the ground floor building area for calculating the Pro Rata Share of Parcel 3 shall be no less than 4,800 square feet; the ground floor building area for calculating the Pro Rata Share of Parcel 4 shall be no less than 4,500 square feet; the ground floor building area for calculating the Pro Rata Share of Parcel 5 shall be no less than 7,200 square feet; and the ground floor building area for calculating the Pro Rata Share of Parcel 6 shall be no less than 6,000 square feet. If at any time the ground floor square footage of the building actually constructed on Parcel 1 exceeds the square footage set forth above for Parcel 1, the Pro Rata Shares shall be recalculated to take into account such increased ground floor building area. "CAM Expenses" shall mean all sums expended by the Manager in payment for all work reasonably necessary for the first class operation, maintenance, replacement and repair of all facilities (other than Service Facilities and Fuel Facilities) located in the Common Area, including without limitation the following: resurfacing, restriping, cleaning and sweeping the parking areas; trash removal; maintenance, repair and replacement of curbs, gutters, medians, bumpers, Shopping Center monument sign structures (but not individual users' sign scripts), planting and landscaping, irrigation, and lighting and other utilities; retaining and decorative walls, operation, maintenance and repair of any common fire protection systems, storm drainage systems and any other common utility systems; slope repairs; personnel to implement such services including the cost of security guards, police and fire protection Hulseb\SU:V245780.3 2 ABS Store No. 6720 (Surplus) April 30,20t3 NBC LaCosta Ave. & El Camino Real Carlsbad, California 06-10-03 10:45 From-ONE UPPER NEWPORT PLAZA 949-752-0885 T-266 P.04/13 F-9 services for the Common Area if reasonably determined to be necessary by the Owner of Parcel 1 and the majority of the other Parcel Owners (based on information such as the use of security guards in similar shopping centers, historical trends, police reports or other evidence to justify the need for such protection); costs of common utility services; all maintenance costs and obligations with respect to the LCWD Easement Area; public liability insurance for the Common Areas; real property taxes and assessments on Parcel 7; costs to repair damage or destruction on Parcel 7; and an amount equal to ten percent (10%) of the foregoing expenses for each calendar year for the Manager's administration and supervision of the Common Area, except said 10% shall not apply to single capital expenditures in excess of $25,000 (which sum shall be adjusted every five (5) years in the manner that the Net Worth Requirement is adjusted as set forth in Section m,5(f), and the fee to the Manager for procuring common area liability insurance for the Common Area, and for paying real property taxes and assessments on Parcel 7 shall be 5%. Trash disposal or other services or items for the sole benefit of a particular occupant shall not be included in CAM Expenses. Within ninety (90) days after the end of each calendar year, the Manager shall deliver to each Owner a written itemized statement of actual CAM Expenses for such period including reasonable back up documentation for such expenditures (the "CAM Reconciliation") and any amounts due from such Owner for its Pro Rata Share of such CAM Expenses and/or any amounts due from the Manger to such Owner (the "Reconciliation Share"). Any Reconciliation Share due from such Owner to the Manger shall be paid within thirty (30) days after delivery to such Owner of such itemized statement. Any Reconciliation Share due from the Manager to an Owner shall be applied to the next monthly payment or payments for CAM Expenses or, at the election of the Manager, paid to such Owner within thirty (30) days after delivery of the CAM Reconciliation. Each Owner may conduct a one-time examination or audit of the accounts and original bills for CAM at any reasonable time within two (2) years after the receipt of the CAM Reconciliation for the calendar years in question, which shall be at its cost, unless such examination or audit reveals a discrepancy in excess of five percent (5%) of such Owner's Pro Rata Share of CAM, in which event the Manager shall pay the cost. X Article in, Section 5(d)(y) appearing at page 18 of the Declaration is hereby amended and restated in its entirety as follows: (y) except with respect to sweeping, lighting, landscaping and irrigation and the repair, replacement and maintenance of the Perpetual Easement Area and the LCWD Easement Area, each Owner's Pro Rata Share, other than the Owner of Parcel 2, shall be equal to the Pro Rata Share calculated in accordance with Article in, Section 5(b) of this Declaration; Huls«b\SLC "\24S780.3 3 ABS Store No. 6720 (Surplus) April 30,2003 NEC UCosta Avc. Si El Camino Real Carlsbad, California 06-10-03 10:45 From-ONE UPPER NEWPORT PLAZA 949-752-0885 _ T-266 P.05/13 F-9 4. Article V, Section 1 is hereby amended to add the following language at the end of such Section!: Notwithstanding the foregoing, subject to the restrictions set forth below, the following uses shall be allowed on Parcel 6 of the Shopping Center: (i) a dry cleaning or laundry plant may be operated within the Shopping Center in the Building Area shown on Parcel 6 on Exhibit A ("Dry Cleaning Premises") provided that: (a) any industrial cleaning equipment used in the Dry Cleaning Premises does not occupy more than 1,000 square feet of floor area; (b) under no circumstances shall any type of chlorinated solvent be used on or about the Dry Cleaning Premises, including but r.iot limited to the use of tetrachloroethylene (also known as perc, PCE, or J'erchloroethylene), trichloroethylene, or any other compound with similar chemical properties; (c) the dry cleaning equipment is installed, operated, and maintained in accordance with all manufacturer recommendations; (d) any dry cleaning fluids used on the Dry Cleaning Premises are handled, stored and disposed in accordance with all manufacturer and/or distributor recommendations and all applicable Environmental Laws (defined in Article Vn, Section 2); (e) the operation is at all times (i) permitted by, and i:i accordance with, the San Diego County Air Pollution Control District rules, (ii) in accordance with Rule 1421 of the South Coast Air Quality Management District (notwithstanding the fact that the Shopping Center may not be located within the j jrisdiction of such District), and (iii) in compliance with any other applicable linvironmental Laws and governmental requirements then in effect (without the Application of any principal of "grandfathercd rights" or other similar principal or doctrine); (i) in addition to any other indemnities required by this Declaration, the Owner c f Parcel 6 shall indemnify, hold harmless and defend ASPI and the Owner of the ASPI Parcel for, from and against all costs, claims, liabilities, damages and expenses including attorney's fees and legal costs that arise as a result of any such dry cleaning operations on Parcel 6 pursuant to this section; and (g) any party to this agreement may, upon at least 48 hours prior written notice to the Owner of Parcel 6, inspect the Dry Cleaning Premises vrithin normal business hours, to verify compliance with this provision and applicable Environmental Laws; and (ii) the sale of professional lines of beauty products and hair care products tiirough a Pure Beauty retail store located on Parcel 6; provided, however, that the area to be leased to or owned by such Pure Beauty retail store cannot in any event exceed 2,000 square feet of ground floor area. 5. The Site Plan attached as Exhibit A to the Declaration is hereby amended and replaced in its entirety by the Site Plan attached hereto as Exhibit A. 6. Except as expressly set forth herein, the Declaration shall remain unchanged and in full force and effect, and ASPI hereby ratifies the same. 7. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single instrument, and shall be effective upon execution of one or more of such counterparts by each of the parties hereto. HuIseb\SLC24S780.3 4 ABS Store No. 6720 (Surplus) April 30, 20U3 NEC LaCosta Ave. &. £1 Carnino Real Carlsbad, California 06-10-03 10:46 From-ONE UPPER NEWPORT PLAZA 949-752-0885 T-266 P.06/13 F-9 fc. If any term or provision of this Amendment or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Amendment or the application of such term or provision to persons or circumstances, other than as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Amendment shall be valid and shall be enforced to the extent permitted by law. 9. If any person initiates or defends any legal action or proceeding to enforce or interpret any of thij terms of this Amendment, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). This Amendment shall be recorded in the office of the recorder of the County in which the Shopping Center is located. EXECUTED as of the day and year first above-written. AMERICAN STORES PROPERTIES, INC.: AMERICAN STORES PROPERTIES, INC. a Delaware corporation By: C.LeeMumford f Its: Vice President ' By executing this Amendment, GTP hereby consents to the amendments to the Declaration as set forth herein. GTP: GRANT TUCKER PROPERTIES, a California limited liability company By: Steven P. Grant, Member By: Larry Tucker, Member Hulsebtf LCVZ45780.3 5 ABS Store No, 6720 (Surplus) April 30,20C3 NEC UCosw Ave. & El Camino Real Carlsbad, California 06-10-03 10:46 From-ONE UPPER NEWPORT PLAZA 949-752-0885 T-266 P.07/13 F-9 8. If any term or provision of this Amendment or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Amendment or the applica cion of such term or provision to persons or circumstances, other than as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Amendment shall be valid and shall be enforced to the extent permitted by law. 9. If any person initiates or defends any legal action or proceeding to enforce or interpret any of [he terms of this Amendment, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). This Amendment shall be recorded in the office of the recorder of the County in which the Shopping Center is located. EXECUTED as of the day and year first above-written. AMERICAN STORES PROPERTIES, INC.: AMERICAN STORES PROPERTIES, INC. a Delaware corporation By: C. Lee Mumford Its: Vice President By executing this Amendment, GTP hereby consents to the amendments to the Declaration as set forth herein. GTP; GRANT TUCKER PROPERTIES, a California limited liability company Steven P. Grant, Member By: _ Larry Tucker, Member 5 A3S Store No- 6720 (Surplus) April 30, J003 NEC LaCosia Ave, & Et C»mino Real Curlsbad, California 06-10-03 10:46 From-ONE UPPER NEWPORT PLAZA 949-752-0885 T-266 P. 08/13 F-9 STATE OF IDAHO COUNTS OF ADA : ss. On the \S*£day of , 2003, before me MARY RUTH A. THAYER a Notary Public, personally appeared C. tee Mumford, the Vice President of American Stores Properties, Inc., a Delaware corporation, personally known to me (or proved to me on the -basis of satiifactury evidence^ to be the person whose name is subscribed to the within instrument and acknowledged to me that he/Bite executed the same in his/her authorized capacity, and that by his/her signature on the instrument he/she executed the instrument. WITNESS my hand and official seal C MAKY RUTH A. THAYER NOTARY PUBLIC STATE OF IDAHO NOTARYJPUBLIC My commission expires: Residing at: Berte, Idaho -H£>CS Hulseb\SLCV:;45780.3 April 30, 200 J ABS Store No. 6720 (Surplus) NEC UCosia Ave. & El Camino Real Carlsbad, California 06-10-03 10:46 From-ONE UPPER NEWPORT PLAZA 949-752-0885 T-266 P.09/13 F-9 CALIFORNIA NOTARY ACKNOWLEDGEMENT APN No.: STATE OF C COUNTY OF )SS .) , before personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that h^she/they executed the same in-Ws/fcer/their authorized capacity(ies), and that by tos/tef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the per:;on(s) acted, executed the instrument. WITNESS my hand and official seal. Signature This area for official notarialseal My Commission, Expires: —:Notary Public - California i Orange County My Gwrm Dqs»(W Jun 28,2006 MATCH LINE coxmm— f o G-J O O O O m X>" 111«-* r» f A * * 13VI K» «1 O-j O O -D CT " * - - mxn: >:§ m D -a r xP: n n? S ? * -« n ^ 11!s r s1st P § » P Dl mom•2O gs 2gat5|_Ezo<rig SI?"bS g«Si?lgfr>SnSs |g°SS"o!2oio-6 ?Ii3gsi^is s .. 30 n 5 .* S5"ax >gp-r T» o pi** ni >, §UKxM C^-»- tnr&^ttbt&^Jta m m f-. ft "E, ^ "2 r IOOO-U»DOO""<» "I" Ocm" iS0 on'? S 8II!' ssg JUT o _ 06-10-03 10:47 From-ONE UPPER NEWPORT PLAZA 949-752-0885 .. T-266 P. 13/13 F-9 Exhibit B Shopping Center Legal Description Lots 1, 2, 3, 4, 5, 6, and 7, Carlsbad Tract No. 97-09, La Cosia Lucky Sav-on Shopping Center #121-283, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 14038, filed in the office of the Record of San Diego County, on September 15, 2000. APNNos.: 216-580-01-00, 216-580-02-00, 216-580-03-00, 216-580-04-00, 216-580-05-00, 216-580-06- 00, and 216-580-07-00. Hulscb\SLC\:!45780.3 Exhibit B - Page I of 1 ABS Store No, 6720 (Surplus) April 30,2003 NEC LaCosta Ave. &. El Camino Real Carlsbad, California Department of Alcoholic Beverage Control APPLICATION FOR ALCOI^jLIC BEVERAGE LICENSED) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage Control 334 Via Vera Cruz, STE 204 San Marcos, CA 92069 (760) 471-9702 File Number: 396281 Receipt Number. 1402186 Geographical Code: 3701 Copies Mailed Date: December 27, 2002 Issued Date: DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 21 Transferor's license/name: SAN MARCOS ALBERTSONS INC ALBERTSONS STORE #6720 7660 EL CAMINO REAL CARLSBAD, CA 92009 SAN DIEGO Yes 250 E PARK CENTER BLVD BOISE, ID 83706 356883 /ALBERTSONS INC Dropping Partner: Yes No Census Tract 0200.13 License Type Transaction Type Fee Type Master Pup 21 OFF-SALE GENERAL PREMISE TO PREMISE TRANS NA Y 0 Date 12/27/02 Fee $100.00 Total $100.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? Yes Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN DIEGO Date: December 27, 2002 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on ils behalf; (2) (hat he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or 10 gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) ALBERTSONS INC Applicant Signature(s) Attached:ABC-211 A ABC-211 Sig SHOP B GENERATOR ENCLOSURE- PARCEL 5 OUTDOOR EATING AREA (800 S.F 3.00' TYPICAL BOTH ENDS ALL PLANTERS HATCHED AREA INDICATES PAINTED STRIPES HANDICAP STALL PARKING DETAIL 11 Jir\ R.K.B.11/30 c p g GENERAL NOTES THIS SITE HAS BEEN ENTITLED BY THE CITY. PARKING REQUIREMENTS: TOTAL REQUIRED FOR CENTER (5/1000 G.B.A.) TOTAL PROVIDED STANDARD STALLS 417 HANDICAP PARKING 11 TOTAL 428 BUILDING SETBACK REQUIREMENTS: AS APPROVED BY THE CITY LANDSCAPE REQUIREMENTS: REQUIRED - 3X OF INTERIOR PROVIDED - 4.2X OF INTERIOR ZONING REQUIREMENTS: EXISTING - C-1 REQUIRED - C-1 PARKING PROVIDED: PARCEL 1 249 PARCEL 2 17 PARCEL 3 39 PARCEL 4 8 PARCEL 5 27 PARCEL 6 32 PARCEL 7 56 BUILDING AREAS'- ALBERTSON'S BUILDING B (SEE NOTE) BUILDING C BUILDING D BUILDING E BUILDING F & G 50,259 S.F. 2,911 S.F. 4,800 S.F. 4,500 S.F. 7,200 S.F. 6,000 S.F. TOTAL 75,670 S.F. NOTE: MAXIMUM BUILDING AREA FOR PARCEL 2 (BUILDING B) IS 6,500 S.F. HOWEVER, BUILDING AREA MAY ONLY BE ADDED TO PARCEL 2 IF ONE PARKING SPACE EXISTS ON PARCEL 2 FOR EACH 200 S.F. OR ANY PORTION THEREOF OF BUILDING AREA ON PARCEL 2. ANY BUILDING CONSTRUCTED ON PARCEL 2 SHALL BE LOCATED WITHIN THE BUILDING ENVELOPE FOR PARCEL 2. LEGEND PROPERTY/PARCEL LINE BUILDING ENVELOPE BUILDING AREA HEAVY DUTY PAVING LCWD EASEMENT AREA PERPETUAL EASEMENT AREA 200 300 SCALE : I" • 100' EXHIBIT 'A1 SITE PLAN TOTAL MAX BUILDING AREA TOTAL CARPARKS REQUIRED TOTAL CARPARKS PROVIDED TOTAL SITE AREA 90,025 S.F. 450 (1/200) 428 (-32) 477,614 S.F. (10.97 AC.) 11-26-'01 TLR REV. G.B.A. & PRK'G 3-25-03 ERNESTO REVISION TO MATCH ARCHITECT'S CURRENT SITE PLAN. DATED 3-12-03 ISSUED FOR CONSTRUCTION 4-17-03 ERNESTO REVISED PARKING STALLS AND CIRCLE prp TM£ LATEST SITE PLAN Albeitsoivs DESIGN & CONSTRUCTION! 250 PARKCENTER BLVD.BOISE, IDAHO 83726(208)385-6200 PROJECT N.E.C. EL CAMINO REAL 8< LA COSTA AVE. CARLSBAD, CALIFORNIA STORE NO. 6720 DRAWN CHECKEDDJL/EQ R.W. 7-7-'00 SHEET TITLE EXHIBIT 'A' SITE PLAN