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HomeMy WebLinkAboutCT 97-09; La Costa Lucky Sav-On Shopping Center; Tentative Map (CT) (4)^Barbara Kennedy -Lucky/Savon PRE afcs ' ==——=" __^_^_____. _paqei ' •" ii. xm£f«fi?«& .,. , . _,_ ^ _. J __ ... r _ mm^..J.J.^..^J.....J; , -_..,......,....- '• B r- ^ .^^^^.^^. ....^........^.^.. ,-,-i.,-. vjj •: !~ From: Kelly Weaver To: Barbara Kennedy Date: 12/16/99 4:30PM Subject: Lucky/Savon PRE 99-68 Water Comments: 1) The site plan should show the proposed public water and recycled water facilities and easements. CMWD cannot complete review of this application for water/recycled water conflicts without the proposed facility information. Kelly Weaver, P.E. Associate Engineer CMWD 5950 El Camino Real Carlsbad CA 92008 (760)438-3367x7124 Dec-20-99 01:44pm From-ONE UPPER NEWPORT PLAZA 9497520885 T-373 P.04/07 F-077 gineenng, Planning,DUDEK |& ASSOCIATES, INC Corporate Office: Environmental Sciences and 605 Third Stroei 780.142,5147 \ tw— /v <w,u, /v*w« Management Services Engines, California SZ024 Fax 780.832.0164 December IS, 1999 1919-55 Mr. Larry Tucker Grant Tucker Properties One Upper Newport Plaza PO Box 7974 Newport Beach, CA 92658 He: La Costa Plaza Building D Encroachment into LCWD Sewer Easement Dear Larry, This letter addresses your requested sewer easement Encroachment Permit and also provides information requested by Mr. John Zaich, Wind Spirit Partners, regarding utilities adjacent to proposed Building D at the La Costa Plaza site, Grant Tucker Properties has requested an Encroachment Permit for a sidewalk, canopy columns, and & canopy for Building "D" into the existing LCWD 31.25 feet wide easement in La Costa Plaza between proposed Buildings "C" and "D." The LCWD easement includes three LCWD facilities including in order of closeness to Building D: 1) 24" diameter Vitrified Clay Pipe (VCP) sewer; 2) 24" diameter Ductile Iron Pipe (DIP) Forcemain; and 3) 12" diameter Asbestos Cement Pipe (ACP). Attached to this letter are copies the following items: 1 Partial site plan of La Costa Plaza showing Buildings C, D, and E submitted by fax from Perkowitz+Ruth Architects, The LCWD easement is sketched in without dimension or coordinates. The buildings are not located by dimension or coordinates. The graphic does not have a north arrow or scale. The graphic shows 11' from what appears to be the outside edge of foundation to the center of the existing 24" diameter Vitrified Clay Pipe (VCP) sewer. There are no dimensions to existing site features including the adjacent streets, since the project includes lane additions on both streets. 2 Partial La Costa Plaza architectural sketch submitted by fax from Larry Tucker showing proposed building, canopy, and column. The relative plan and elevation separation from the nearest LCWD utility is not shown or indicated. From discussions with yourself and John Zaich, I understand mat the canopy will be cantilevered and the columns are decorative. This sketch does not appear to reflect a cantilever design. 3 Attached only to John Zaich at this time for .his information and use are 24"x36" size LCWD •. Record Drawings G-l A for the 24" VCP line, C-l for the 24" DIP line; and O-2 for the 12" ACP line. 4 Attached only to John Zaich is my personal copy of the National Clay Pipe Institute Clay Pipe Engineering Manual (please return at your convenience). When running pipe load calculations, please consider the clay pipe to be in Wet Clay conditions with a Page 51, Figure 1, Class D Load Factor; Dec-20-99 01=45pm From-ONE UPPER NEWPORT PLAZA 9497520885 T-373 P.05/07 F-077 Mr. Larry Tucker December 15> 1999 la Costa Plaza Encroachment Permit at Building D Page 2 of 3 5 Attached only to John Zaich is a copy of the AWWA C150 Standard for Thickness Design of Ductile-Iron Pipe for your files. When running pipe load calculations, please consider the DIP to be 24" Class 50 (page 35, 0.38" thick) with Page 10 Type 1 laying condition including E'=150 psi Please submit the following information for review and consideration. Please submit all coordinate information in a digital AUTOCad file, 1 Coordinates and sewer invert elevation of the center of sewer pipe at each of the two adjacent sewer manholes (pull manhole cover and "dip" manholes); 2 '* Coordinates for at least two points on boths sides of the existing LCWD easement; 3 Coordinates of the outside two comers of the northerly building footings below-ground and two northerly building comers above-ground; 4 Detailed structural design of the building footing (retaining wall requested by LCWD) and cantilevered canopy, 5 Column footing dimensions and centerline coordinates for the columns on the north side of the building. Such an easement encroachment would be unprecedented in LCWD to my knowledge, LCWD appreciates the strength of the Encroachment Permit language and that it carries with the title ownership of the land, However, due to the relative location and critical and fragile nature of the adjacent 24" VCP facility, we request that the building design include a retaining wall in the area of influence by potential future excavation in the existing LCWD easement, The retaining wall should be designed to allow dewatering and excavation on the north side of the building to the full depth of the existing utilities with no structural affect to the proposed building, excepting the sidewalk, decorative columns, and cantilevered canopy. We suggest that the retaining wall extend about 10 feet deep for the full length of the north side of the. building and extend about 20 feet along the west side of the building south of the northwest comer. Soils information, structural and seismic calculations, and design drawings must be submitted for review and approval We would also consider your alternative engineering proposals including geotechnical investigation and recommendations, and structural recommendations, specific to this issue signed by a California Structural Engineer for review and consideration. In order to be considered, any alternative proposal must sufficiently protect existing utilities and future use of the easement by LCWD with no impact on Building D other than the canopy, sidewalk, and decorative columns. Additionally, I will be requesting language from the LCWD Attorney to be added to the Encroachment Agreement specific to LCWD's right to remove the canopy, sidwalk, and columns without care for salvage and to leave responsibility for replacement of these items to the current property owner at that time. D9C-20-99 01:45pm From-ONE UPPER NEWPORT PLAZA 9497520885 T-373 P.05/07 F-077 Mr, Larry Tucker December 15,1999 La Costa Pla^a Encroachment Permit at Building D .Page 3 of '3 Please note that there may be areas of crushed-rock fill on the old Arco site left after replacement by^ others of contaminated soils. This may influence design and construction of the requested retaining wall. Please call, if you have any questions. Very truly yours, Dudek & Associates, Inc. /Steve Deering,PE LCWD District Engineer Attachments (8-1/2x11 only) cc. Mr, John Zaich, Wind Spirit Partners (w/rull-size utility prints & pipe design references) Mr. Tim Jochem, LCWD General Manager * Mr. Mike Bardin, LCWD Assistant General Manager Ms. Terry Gibbs, LCWD Attorney LA COSTA ag} '6661 OO^O-YI 62 *JOw 6«p City of Carlsbad Planning Department December 10, 1999 Percy Cheng Perkowitz and Ruth Architects 1 5 Corporate Plaza, Suite 200 Newport Beach CA 92660 SUBJECT: PRE 99-68 - Buildings C, D, E, F of La Costa Lucky/Sav-On Shopping Center (SDP 97-07) The Planning Director has completed a second review of your resubmitted application for a substantial conformance review of architectural design of the shop buildings identified as buildings C, D, E, & F of the La Costa Lucky/Sav-On shopping center, (APN: 216-124- 01,02,03,18, 216-124-05, 19, and 216-123-06). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the application qualifies for substantial conformance with the approved permit and therefore, approves the changes to the project based on Planning Director Administrative Policy No. 35. The Engineering Department has identified that the adjustment of the property lines will require the processing of a substantial conformance map through the Engineering Department. Please find attached a set of plans that are stamped as "substantial conformance exhibits" for your records. The plans are further identified as being dated November 1, 1999. Planning Director MJH:VL:mh c: Chris DeCerbo Bobbie Hoder David Rick File Copy Data Entry 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 Dec-08-99 10:37am From-ONE UPPER NEWPORT PLAZA 9497520885 T-263 P.02/03 F-845 GRANT TUCKER PROPERTIES, LLC STl-VEN P. GRANT LARRY TUCKER December 8, 1999 Gary Wayne Assistant Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: PRE99-68 (SDP97-07) La Costa Plaza Dear Gary: I have been provided with a copy of your letter of December 1? 1999 to our architect, Percy Cheng, with Perkowitz & Ruth, We appreciate that you have found our redesigned buildings to be in substantial conformance with our approved project. At long last, we are proceeding with our working drawings. We do, however, take issue with the requirement that a trellis structure be erected on the southern elevation of Buildings E and F. During the course of our meeting of June 29, 1999 we were, among other things, asked to place a trellis behind Buildings E and F, We agreed to look at doing something to the rear of these buildings, however, we did not commit to put in a trellis—although that was staffs clear preference. Instead we have chosen to make changes to the southern elevation of Buildings E and F by offsetting the tower elements from the remainder of the backs of the two buildings. This will break up the buildings, which we believe will help their appearance along La Costa Avenue. Additionally, there is considerable landscaping which will also screen the backs of these buildings. Please recall that the Planning Commission at the behest of Commissioner Welshon was asked (by way of a motion) to require us to further articulate the southern elevations of Buildings E and F during the course of our Planning Commission meeting of June 17,1998. That motion was not seconded and therefore further articulation was not required of us. We were surprised during our meeting of June 29, 1999 when we were asked to make changes to the southern elevations of Building E and F since the purpose of our meeting was to discuss Buildings C and D. We had already changed the southern elevations on Buildings E and F in the staff review process before our hearings and we did not believe that topic was fair game for comment just because the staff on the project changed. I would request that you listen to the tape of the Planning Commission meeting and then let me know if you believe it is fair for the staff to require something of us that the Planning Commission specifically did not. Please consider that what we are proposing to do on Buildings One Upper Newport Plaza, P.O. Box 7974, Newport Beach, CA 92658 (949)2512040 (949) 752 0885 Fax Email: gtp@ohill.com Dic-08-99 10:37am From-ONE UPPERJEHPORT PLAZA 9497520885 Gary Wayne December 8, 1999 Page 2 T-263 P.03/03 F-845 E and F is more than what was required by the Planning Commission. We will build a high quality project which Carlsbad will be proud of, but we would prefer to spend our finite budget on the fronts of the buildings. Based upon the above, we would like the City to formally approve the substantial conformance exhibits and process our plans when received. Thank you. Very truly yours, Grant Tucker Properties By:. Larry Tucker LT/trb KC: Percy Cheng City of Carlsbad Planning Department December 1, 1999 Percy Cheng Perkowitz and Ruth Architects Ste 200 1 5 Corporate Plaza Newport Beach CA 92660 SUBJECT: PRE 99-68 - Buildings C, D, E, F of La Costa Lucky/Sav-On Shopping Center (SDP 97-07) The latest submittal of architectural plans, dated November 1, 1999, appear to be in substantial conformance with the approved plans with the exception of a trellis structure which was to be on the southern elevation of Buildings E and F. It was agreed at a meeting with Adrienne Landers, Principal Planner, and myself that a trellis structure would be built along the back of Buildings E and F to enhance the elevations which front onto La Costa Avenue. The City will not approve the substantial conformance exhibits or further process the plans until the trellis structure is shown on the plans. Please provide a revised site plan and elevation which shows the trellis structure as done for the trellis on the western end of building E. If you have any questions regarding the above or wish to further discuss the matter, please call me at (760) 438-1161, extension 4430. CITY Qf CARLSBAD JARY'WAYNE Assistant Planning Director GW.-VL.-cs Adrienne Landers •Chris DeCerbo Van Lynch File Copy 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (760) 438-0894 CARLSBAD FIRE DEPARTMENT Fire Protection Services DEVELOPMENTAL PLAN REVIEW REPORT PROJECT NAME: La Costa Plaza Date: 11-21-99 Project number: Planning Pre 99-68 Engineering Redev Type of review: Preliminary X Initial Project conditions Preliminary comments: (Note: This commentary identifies missing information that must be included with the official project submittal. It may also identify fire protection issues associated with the project.) Proposal appears complete. The following is included to assist the developer in formal submittal: 1. Five public, on site fire hydrants will be required 2. Fire flow requirement is 3500 gallons per minute, which may be delivered from three fire hydrants. 3. The proposed anchor store must be protected by an automatic fire sprinkler system. 4. Buildings E and F must be separated per the requirements of the Uniform Building Code if they are to be considered individual buildings. Otherwise both must be protected by automatic fire sprinkler systems. FILE COPY City of Carlsbad Planning Department November 2, 1999 Percy Chang Perkowitz and Ruth Architects 1 5 Corporate Plaza, Suite 200 Newport Beach CA 92660 SUBJECT: PRE 99-68 - Buildings C, D, E, F of La Costa Lucky/Sav-On Shopping Center The Planning Director has completed a review of your application for a Substantial Conformance determination for Buildings C, D, E, and F of the La Costa Lucky/Sav- on shopping center (APN: 216-124-01, 02, 03, and 18, 216-124-05 and 19, and 216-123-06). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the change in the placement of Building E and F does qualify for substantial conformance but the architectural modifications and proposed colors do not qualify for substantial conformance with the approved permit and therefore, disapproves the proposed changes to the project based on Planning Director Administrative Policy No. 35. The proposed architectural modifications of the shop buildings has changed from the "Old California/Hispanic" architectural theme, as required by the development standards established for El Camino Real, to more of a Mediterranean architecture. Examples of the changes are the elimination of the exposed rafter tails on the tower elements, the enlargement of the cornice element, elimination of the wrought iron accents, and the design change of the wall mounted light fixtures. The tower elements shall be designed with the vertical relief and exposed wood rafter tails as on the approved plans. The proposed accent features shall be replaced with the approved wrought iron and ceramic tile elements. The north and south elevations of Building E should reflect the same amount of clay roof as the original proposal. Also discussed at previous meetings was the request for a wood trellis along the south elevation of Building E and F and along the western elevation of Building C and D. The proposed colors for the shop buildings are significantly different than the colors proposed for the grocery store. To ensure homogeneity within the center, the shop buildings shall be the same as the approved colors for the Lucky/Sav-on building. The fabric awnings may be the same color as the wrought iron accent color which is Frazee #7605D "Turquoise Mosaic". 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (760) 438-O894 MEMORANDUM October 21,1999 TO: ASSOCIATE PLANNER - Van Lynch FROM: ASSISTANT ENGINEER - David Rick PRE 99-68 LUCKY SAV-ON SHOPPING CENTER PRELIMINARY REVIEW Engineering Department staff have completed a preliminary review of the above- referenced project. Prior to formal application submittal the following items must be adequately resolved/addressed: 1. The adjustment of the lot lines will require processing of a substantial conformance map through the City Engineering Department. My discussions with the engineer of work indicates that they are aware of the requirement and will probably submit their request within the next few weeks. 2. We foresee no issues with the proposed changes to the lot lines, parking, building footprint or building elevation. It appears that these items can be declared as substantially conforming to the original approved maps. \ N, If you or the applicant have any questions, please either see or call me at extension 4324. DAVID RICK Engineering Technician - Land Development Attachment c: Principal Civil Engineer- Land Development Sempra Energy October 04, 1999 C. Lee Mumford, Vice President American Stores Properties, Inc. 2995 S. Main Street, Floor 17 North Salt Lake City, Utah 84111 LETTER OF PERMISSION FOR GRADING AND CONSTRUCTION OF IMPROVEMENTS Dear Mr. San Diego Gas & Electric Company (SDG&E) is the owner of a 150' foot easement, (R/W No. 45055A), recorded June 20, 1962, as File/Page No. 104913 of Official Records San Diego County, located in and around the property and more particularly described as follows: All those portions of Section 35, Township 12 South, Range 4 West, Sam Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof. We have reviewed and approved the grading plans for La Costa Lucky Save-on No.121-283, Dated May 10, 1999, revised July 19, 1999, and revised August 23, 1999, marked Exhibit "A", being part of CT 97-09, which shows the proposed grading and improvements, on the property subject to our easement property. Permission is hereby granted to American Store Properties, to grade and construct improvements as shown on said plans, subject to the following conditions: 1. This permit to grade shall be effective for six (6) months from the date of this letter. 2. This letter is subject to obtaining the necessary grading and improvement permits from the City of Carlsbad. 3. All applicable laws and regulations of local, state and federal governments and their agencies shall be complied with. [bsprpgrd.doc] 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Final signed approved plans must be submitted to SDG&E a minimum of 15 working days before commencement of grading and construction of improvements within the easement area. At least twenty-four (24) hours notice must be given to SDG&E before start of work or making field changes to plans within said easements. Notice is to be given to the undersigned. A representative of SDG&E must be present at any pre-construction meetings held before the start of grading or construction. SDG&E may require a standby to observe grading within the 150' SDG&E transmission easement. No grading within 30 feet of a tubular steel pole, without prior SDG&E approval. No grading within 15 feet of a multi-wood pole structure, without prior SDG&E approval. American Stores Properties, shall be responsible to contact "Underground Dig Alert" (USA) at 1-800-227-2600 at least 48 hours prior to any grading within any SDG&E Easements. Access to SDG&E facilities shall be maintained and kept open 24 hours a day. Maintenance shall be at the cost of American Stores Properties. SDG&E shall not be responsible in any manner for any maintenance or repair of the proposed grading or improvements on or off the SDG&E easements. This letter shall not be construed as approval of any field changes. All changes to the grading plans (C.T. 97-09 Drawing No. 379-9A) shall be in writing and reviewed by SDG&E. SDG&E shall not be responsible for, or liable for, unauthorized changes to or uses of these plans. SDG&E reserves the right to inspect and perform quality control work during construction within the SDG&E easements. Contractor shall provide full access to SDG&E personnel for inspection. Erosion control measures shall be designed and implemented and maintained through the normal rainy season for San Diego County. American Stores Properties, agrees to have signed a 'Right of Way Use Agreement' allowing for all the improvements within the SDG&E 150' Easement. An "As-Build" map may be requested by SDG&E to show all deviations from the final grading map. *if legally required [lkysvon-grd.doc] 17. This permission letter shall be posted on the job site at all times. Should you have any questions or require additional assistance, please call me at (858) 654-1238. Sinceryfly,/, } Johr) J. Hernandez Property Management Representative Duly Authorized Agent for SDG&E I ACCEPT THE AFOREMENTIONED CONDITIONS: C. LEE MUMFORD, VICE PRESIDENT AMERCIAN STORES PROPERTIES, INC. A Delaware corporation By: Date: [lkysvon-grd.doc] JmJCKY/SAV-ON SHOPPING CENTTOPRE 99-68 - LA COSTATUCKY/SAV-ON SHOPPING CENTE NOVEMBER 2, 1999 PAGE 2 A brief review of the landscape exhibits reveals that the plant palate has been modified. Please review the proposed landscaping to that which was approved with the project. If you have any questions regarding the above, please contact Van Lynch at (760) - 438-1161, extension 4447. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH:VL:mh c: Principal Planner, Chris DeCerbo Bobbie Hoder Project Engineer, David Rick File Copy Data Entry GRANT TUCKER PROPERTIES, LLC STEVEN P. GRANT LARRY TUCKER October 1, 1999 Van Lynch Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: SDP97-07, Resolution 4313 Approved 6/17/98 AP Numbers 216-12-01,02,03 and 18 Dear Van: Please accept this letter as our authorization of Perkowitz & Ruth and/or Jon Zaich to process a substantial conformance application for the minor redesign of our shops buildings at La Costa Plaza. In addition to the reasons outlined in Jon Zaich's memo to you of September 30, 1999, we are also making the minor changes which we are proposing for the following reasons: 1. With respect to the west facing building elevations for Pad C and Pad D (which face out onto El Camino Real) we are seeking a finding by the Planning Director that we have complied with SDP97-07 Condition 6. 2. The building elevations were originally designed to accommodate the Los Ninos Preschool relocation. When Los Ninos decided to relocate outside our project, we decided to proceed with construction on the former Pad G. However, at that point some redesign of certain building elements became necessary so that the east end of that row of shops fit in well with the rest of the project. 3. In order to accommodate our electrical rooms for Building E and combined Building F and G, we decided to include those electrical rooms in the tower elements, which resulted in some further articulation to the south elevation of those two buildings. One Upper Newport Plaza, P.O. Box 7974, Newport Beach, CA 92658 (949)2512040 (949) 752 0885 Fax Email: gtp@ohill.com Van Lynch October 1, 1999 Page 2 We look forward to receiving the approval of the City staff. Best regards, Grant Tucker Properties Larry Tucker LT/trb xc: Steven P. Grant Percy Cheng, Perkowitz & Ruth Jon Zaich Sep - 30^99_Q91.B7A_Jgn A __ZaJ_ch 949 7250783 P . O2 Partners Real Estate Investment and Services 5901 Sierra Bravo Road Irvine, Ca. 92612 949-509-7569, Fax 949-725-0783 John 3:8, Psalm 127:1 MEMO To: Planning Director c/o Van Lynch City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 From: Jon A. Zaich Subject: Substantial Conformance Application Shop Buildings C, D, E & F Plaza La Costa El Camino Real and La Costa Ave. Carlsbad, CA Date: September 30, 1999 A:\028memo Per our previous discussions please find attached our Substantial Conformance application for the shop buildings which were approved as SDP 97-07, Planning Commission Resolution #4313, dated June 17, 1998. Please process the application as quickly as possible and advise us as soon as a hearing date has been scheduled for the staff meeting. We would like to be present during the meeting to make a brief presentation and to answer any of the staffs questions. With respect to the application"Description of Proposal" section please note the following. We have made minor modifications to the building elevations in order to : 1) Further refine and articulate the building massing and design theme including colors and materials, 2) Respond to modifications to the parcel map and site plan as a result of utility coordination and in order to be in compliance with current building code requirements, and 3) Address previous planning staff comments and recommendations -SeE^30z9_9_09_:.57A_. Jon A Zaich r 949 725O783 P O3 Planning Director c/o Van Lynch Page 2 September 30, 1999 We believe that these design modifications will enhance the overall project design and have included the following in our submittal package: 1) Site plan with buildings labeled (4 copies) 2) Elevations of each building (4 copies) 3) Floor plan/lease plan of each building (4 copies) 4) Color and materials board with summary list and colors/materials referenced (keyed in or/noted on colored elevations) (1 copy) 5) Colored elevations of each building (1 copy) 6) Landscaping plans (4 copies) Prior to completing our substantial conformance application we reviewed the Planning Department's Administrative Policy #35 guidelines and criteria for determination of substantial conformance. As such please note the following: 1) No project condition, feature, facility or amenity considered essential to the project's design, quality, safety or function has changed. 2) We have improved the overall design and quality through our building design revisions and color and materials selection and have incorporated previous staff comments and recommendations. 3) No change to density or boundary has occurred. 4) No addition of new land use has occurred. 5) No revision or rearrangement of major land uses has been made. 6) No change of greater than 10%has been made and compliance has been maintained with applicable development standards. 7) No significant environmental impact has occurred. 8) No health, safety, or welfare impacts have occurred. 9) No exacerbation of issues associated with original project has occurred. 10) Proposed changes are not readily discernible as substantially different from the project as originally approved. Based upon the foregoing we believe that the proposed design modifications to the shops buildings and the associated surrounding site area are in substantial conformance with those previously approved by the city as part of its Conditions of Approval for SDP 97-07. Planning Commission Resolution # 4313, dated June 17, 1998. Should you have any questions please do not hesitate to call me. TRANSMITTAL LETTER To: Carlsbad, City of 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Attn: Van Lynch Date: 09/30/99 Job No.: 961033 Project: Lucky #121-283 Re: Notice of Restriction T.M.:CT 97-09 Dwg: 379-9; 379-9A TRANSMITTED VIA: ktand PHONE NO.: FAX NO.: (760) 438-1 161x4447 (760) 438-0894 Email: RECEIVED ENCLOSED: 1- Marked up notice of restriction REMARKS: Van- Per our phone conversation, I am sending you enclosed for your review. The enclosed marked up notice of restriction includes the comments of the owner's attorney. The legal description attached to the document comes from the title report. If these look okay to you, I can forward a revised document to the owner for execution. Thank you. By: Meg/Purvianceaf cc: Heidi Carlson, Albertson's, fax 208-395-6442 Larry Tucker, Grant/Tucker John Hipskind, Hipskind Associates Jeff Dierck, Albertson's, fax 714-739-7409 5900 Pasteur Court Suite 100 Carlsbad, California 92009 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying E-mail: oday@odayconsultants, com HIPSKIND ASSOCIATES, INC. architects DATE: September 20, 1999 ** VIA FAX & MAIL ** TO: Mr. Van Lynch Department of Planning City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-1576 RE: Lucky/Sav-On Store #121-283 7660 El Camino Real, Carlsbad, California Plan Check # CB99-3079 MEETING OF SEPTEMBER 8, 1999 AT THE DEPARTMENT OF PLANNING Dear Mr. Lynch: Thank you for the opportunity in meeting with me at your office to review the following items. The time we spent will allow me to complete the outstanding issues. Items Reviewed 1. Built-up Asphalt roofing material; finish color. 2. Roof equipment; vents and ducts. 3. Lucky/ Sav-On building; color and finish materials. 4. Compact parking; stalls to have the word "Compact" painted at each stall with 6" high letters. 5. On-site landscape plans; to be re-submitted with final plan check set. 6. Site Signage Plans; to be submitted and approved as a Condition of Occupancy. 7. Department of Planning request that the Developer submit a letter stating that the other on-site building shall match the approved colors of the Lucky/Sav-On Stores. 8. Condition of Approvals; #11- Notice of Restrictions, this item is currently in process of completion by O'Day Consultants and Developer for submittal. #16-Landscape Plan Approval, this item shall be submitted as part of the final plan check submitted plans. #23- C, C & R 's, this item is in the process of completion by the developer Grant Tucker Properties. Items Submitted for Department of Planning Review and Approvals ;•.. 1. Final Color and Material Sample Board, (Tile Roofing and Building Colors/Finishes) . 2. Roof Equipment, vents and ducts sample sheets. 3. Roof Equipment Screens, diagrams showing dimension and sizes. Subsequently this item has been determined not to be required and all roof equipment, ducts and vents shall be painted in a color to match the approved roofing material color. 21728 Devonshire Street, 2nd Floor, Chatsworth, CA91311 (818)701-1881 • FAX (818) 701-1728 Items to be Completed and Submitted for Department of Planning Review and Approvals 1. Finish asphalt roofing material color sample. (Submitted 9/9/99) 2. Finish paint color sample for roof equipment. (Submitted 9/9/99) 3. Roof plan indicating location of roof vents and ducts. (Submitted 9/9/99) Thank you for assistance to these matters, if you require additional information please contact me. Sincerely, Ivan Insua, AIA Project Manager 9819mm08 City of Carlsbad Planning Department September 20, 1999 Ivan Insua Hipskind Associates, Inc. 21728 Devonshire Street, 2nd Floor Chatsworth, CA91311 RE: CT 97-09 - LA COSTA LUCKY-SAV-ON SHOPPING CENTER Dear Ivan: This letter is in regards to the color and materials board and roof plan for the Lucky/Sav-On building within the La Costa shopping center which was submitted for review pursuant to the mitigation measures of the Mitigated Negative Declaration and Condition number 22 of Planning Commission Resolution 4311 for the project. The colors and materials have been found to be acceptable and in conformance with the approved plans for the project. It is understood that the roof material will have a cap sheet color of "summer sage". The limited amount of roof mounted equipment, which includes exhaust and make-up air inlets, gravity intake/relief hoods, and up-blast roof exhausters, shall be painted with Frazee Paint color "Wild Country - 8735D" as proposed. At this time, roof equipment screens will not be required based on the information provided, however, the City reserves the right to require equipment screens in the future in the event that some mechanical equipment cannot be adequately camouflaged by painting. If you have any questions regarding the above, please call me at (760) 438-1161, extension 4447. Sincerely, VAN LYNCH Associate Planner VL:mh File 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 MEMORANDUM August 23, 1999 TO: PROJECT FILE (CT 97-09 ) FROM: ASSOCIATE PLANNER RE: CT 97-09 - LA COSTA LUCKY/SAV-ON The mitigation monitoring report for the La Costa Lucky/Sav-on shopping center requires that prior to issuance of a grading permit, the developer shall comply with all applicable assessment, remediation, and monitoring requirements of the County of San Diego Dept. of Environmental Health Site Assessment and Mitigation Division. I verified with Nasser Sionit with the above department and there will not be the issuance of a "no further action" letter until the site is determined to be clean. Currently, there are a few monitoring wells to watch the trends of contamination for a later determination on the potential mitigation measures, if any. Since the remaining contamination is at a very low level, it is anticipated, by the County, that there probably will not be any active (physical removal or material) remediation required beyond what was done for the previous ARCO site. One of the impacted areas is in the vicinity of a sewer force main which cannot be disturbed. The other sites will have pipelines placed through them and this process will do some further remediation with the removal of material from the site. The letter dated June 18, 1997 and the above discussion requiring ongoing site testing is considered to fulfill the mitigation measure incorporated into the conditions of approval for the project. VAN LYNCH VL GESSNER GROUP INC. CONSULTING ENGINEERS 123 NORTH LINN STREET IOWA CITY, IOWA 52245 319-351-1349 FAX 319-351-1389 September 03, 1999 Hipskind Associates, Inc. 21728 Devonshire Street, 2nd Floor Chatsworth, CA91311 ATTN: John Hipskind RE: Lucky #283 Carlsbad, CA Gentlemen: Enclosed is the information that you reqested on the exposed roof equipment. Sincerely, GESSNER GROUP, INC. Kirby J. Quamen KJQ/lj RECEIVED SEP - 7 1999 JOHN a HIPSKIND, AIA S ASSOCIATES, INC. f CALIFORNl* A PROJECT FOR 141 Coil South l.rr.pl. SoH Lot. CHr, UTAH Ml 11 FORTNEY ASSOCIATED NEC EL CAMINO REAL & LA COSTA AVE. ROOF TOP PACKAGES COMMERCIAL KITCHEN VENTILATION DIMENSIONAL DATA ALL DIMENSIONS IN INCHES RTF MODEL NRTPA NRTPB NRTPB NRTPC EXH FAN NCA8B NCA10B NCA14B NCA16B NCA18B NCA24B NCA30B AE >35 39 46 53.5 CE 23 24-1/2 26-1/2 29 A 26 36 36 42 Wide 58 Long B 20 25 25 40 C 23 29 29 32 D 16 25 25 30.5 F 117 104 104 75.5 G 23 32-1/2 32-1/2 35.25 H 14 14 14 17 L 60 75 75 84.5 M 20 20 20 20 N 23 32-1/2 32-1/2 35.25 P 24-3/4 28-1/2 33-1/2 36.5 Q 37 42-1/2 42-1/2 49-1/4 R 84 59 59 48 S 23 23 23 33 T 6 6 6 6 Filter Qty. and Size ONE 20"x25" TWO 20" x 25" TWO 20"x25" FOUR 16"x20" Blower 7" 10" 12" 15" 12" 15" 18" J 8-1/2 11-3/4 13-3/4 16-1/8 13-3/4 16-1/8 19 K 9-1/2 13-1/2 15-7/8 18-7/8 15-7/8 18-7/8 21-7/8 V N/A N/A 33 33 N/A N/A N/A W N/A N/A 27 27 N/A N/A N/A Weight 450 Lbs. 625 Lbs. 685 Lbs. 880 Lbs. *WEIGHT INCLUDES MAX MAKE-UP AIR FAN, MAX EXHAUST FAN, TRUNKLINE, RAIL, CURB, AND ADAPTORS XTERNAL DISCONNECT LOCATED ON SIDE OF UNIT GALVANIZED SING GALVANIZED TRUNKLINE EXHAUST SIDE IS VENTED ELECTRICAL DROP 3" CONTINUOUS FLASHING GALVANIZEDH CONSTRUCTION JL MAKE-UP AIR CURB ADAPTOR (FOR NRTPC ONLY)EXHAUST FAN ELECTRICAL DROP EQUIPMENT RAIL CURB ADAPTOR FOR EXHAUST FAN (NRPTBWITHNCA16B AND NCA18B ONLY) PITCHED CURBS ARE AVAILABLE FOR PITCHED ROOFS. EXHAUST DUCT LOCATION MAKE-UP AIR DUCT U !l FEATURES MAKE-UP AIR FAN LID EXTERNAL SERVICE DISCONNECT GALVANIZED TRUNKLINE EXHAUST FAN ELECTRICAL DROP EASILY REMOVABLE AND CLEANABLE MESH FILTER ROOF TOP PACKAGE CURB Captive-Aire Systems' Roof Top Package provides a single, integrated package for the exhaust and make-up air functions for commercial kitchen applications. The available exhaust and make-up air combinations are pre-engineered for maximum efficiency and performance. FEATURES Q Single roof opening required for total unit, including the exhaust and make-up air ducts and all elec- trical drops Q No pitch pockets required Q Meets minimum 10' code requirement between the exhaust outlet and make-up air inlet QThe Greasetrap exhaust fan is rated for high grease applications...UL 762 Listed...AMCA Certified for Air and Sound Performance...Certified by the Canadian Standards Association Q UL Listed Make-up Air Unit Q External service disconnect switch provided on both the exhaust and make-up air units Q Prewired motor disconnect with optional single point power connections Q Motors factory wired and mounted on a heavy duty motor platform Q Galvanized construction eliminates rusting due to weather conditions Q Easily removable and washable UL Listed Class 2 mesh filters Q Trunkline, curb and rail provided with package Q Optional motorized or gravity dampers available Q Optional 2-speed or 50 Hz motors available Captive-Aire Systems certifies that the Greasetrap Belt Drive Models shown are licensed to bear the AMCA Seal. The ratings shown are based on tests and procedures performed in accor- dance with AMCA Publication 211 and AMCA Publication 311 and comply with the require- ments of the AMCA Certified Ratings Program. Captive-Aire exhausters are UL 762 Listed for removal of cooking vapors and UL 705 listed for electrical appliances. Captive-Aire exhausters are certified by the Canadian Standards Association. Captive-Aire make-up air units are UL Listed. 09/02/99 17:03 FAX 319 351 1389 GESSNER GROUP HIPSKIND El 003 GreenhecJc Fabra Hoods are designed for intake (Model FHI) or relief (Model FHR) applications with either natural gravity or positive pressure systems. The Fabra Hood design offers many important advantages not found in other gravity roof ventilators. In appearance, load bearing strength, weather resistance and dimensional flexibility, the Fabra Hood design is superior. f Appearance The clean lines and uniform structural design of the Fabra Hood complement any building's appearance. The Fabra Hood is designed with a low profile to mount close to the roofline. The result is minimum impact on the building silhouette. Strength and Weather Resistance These hoods are strong enough to handle the snow loads found in even the harshest of northern climates, and they have proven their ruggedness for more than 20 years. The key to the Fabra Hood's strength and rigidity is in the design of the arched hood panels. Each panel provides its own structural support and is formed with interlocking edges. The result is a strong and rigid shell without the obstruction and performance losses of excessive internal support braces. The interlocking ribs also create tight, weather resistant joints. No caulking or caps are required to seal out rain and snow. Performance The rounded inner surfaces of the Fabra Hood's arched panels promote a smooth, uninterrupted flow of air to reduce pressure losses. Cataloged performance data is assured through extensive air testing of both ducted and non ducted installations with standard birdscreens in place. Intake and relief units differ in size and performance. It is important to note that the "free area" (the opening surrounding the throat) is larger for intake hoods. This larger free area (twice the area of the throat) limits the entry of airborne debris and moisture by creating lower intake air velocities. Since relief units are not affected by velocity considerations, free area is equal to throat area. Consequently, the smaller overall dimensions of relief units result in lower cost. ^J^P'f ' 'V-;' H-«|#ftJ ithtoat sizes%£FM^aai^l|Afl^"< (width) x 12" (length) to a maxir 'j of standard suggi|stje^1^roat sizes is shpwH|^r»' * • increments cff on^efrich within the^mlt^s^^;*' Sizes Shipped Assembled , i '^'f?/V^ Intake Fabra Hoods witti throat widths through 42" ship assembled when lengths do not exceed 84". Relief Fabra Hoods with throat widths through 48" ship assembled when lengths do not exceecl]96". > \ . ;.v ;,..,','•, Unlimited Length With the Fabra Hood's interlocking rib design; hoods of unlimited length can be constructed on the job site. Where the appearance of a single unit is desired, roof openings of any length can be covered using a single hood. This also represents a cost savings fn working with a single roof \ ' ( penetration. No,special tools or training are; , required for assembly. See page 5 for details? [^GREENHECK 09/02/99 17:06 FAX 319 351 1389 GESSNER GROUP -> HIPSKIND @J004 [^GREENHECK Precision Formed Locking Rib Systen Strength, weather tightness and infinite length are the primary contributions of the Fabra Hood's arched, interlocking hood panels. A single precision roll forming operation creates the rib, the adjacent channel and the arch. All three features work in combination for rigidity and positive water drainage. Hood panels are arched and precision roll formed for strength and weather tightness. Panel design and construction provides sufficient structural strength to allow inlet and outlet areas to be virtually unobstructed by support members. Standard birdscreens are constructed of 1/2" galvanized steel mesh for minimum restriction of airflow. Vertical end panels are fully locked into hood end panels. Heavy gauge galvanized steel support members provide additional structural strength as well as a hood/base interface. On larger hoods truss braces are added for increased strength. with hood^ *-. • *j& ft w. ^ * -^-s *constructed, of aluminum or _,,i - j » PVI& '*%i« -.^. galvanized steel as'spectfied.V>^y « Standard base height is five inches. Twelve inch bases are optional. (See p. 4 for details.) Bases include prepunched mounting holes for ease of installation. The curb cap is eight inches larger than the throat size to minimize airflow restrictions. Reinforced steel hood support members are securely attached to the base and direct hood loads to the roof curb. 09/02/99 17:10 FAX 319 351 1389 GESSNER GROUP HIPSKIND Models G and GB Centrifugal Roof Exhausters Model G (direct drive) and Model GB (belt drive) are quiet, efficient and reliable centrifugal fans designed specifically for roof mounted applications exhausting relatively clean air. Trie combined performance ranges of the two models allow a broad range of selections from 75 CFM through 34,000 CFM with static pressures to 1-1/4 inches. Unobstructed airflow results in efficient performance. A deep spun venturi is precisely matched to the wheel, reducing turbulence and pressure losses. A well proportioned housing with a carefully designed internal structure provides rigid support without obstructing airflow. The fan shroud, windband, and one piece curb cap combine to protect against entry of rain and snow. Non overloading, backward inclined centrifugal fan wheels are constructed of aluminum. Each wheel is statically and dynami- cally balanced. All fan sizes have been thoroughly tested in Greenheck's modern research and development facility to verify complete and accurate performance ratings. All Model G and GB fans are licensed to bear the AMCA Certified Ratings Seals lor both sound and air performance, ensuring performance as cata- loged. A wide range of options and accessories are available to meet the requirements of individual applications and provide ease of installation. Model G - Direct Drive Direct drive Model G exhausters are available in 16 sizes with nominal wheel diameters ranging from 6" to 18° (Models G-60 to G-180). Capacities range from 75 CFM to 4300 CFM with static pressures to one inch. Model GB - Belt Drive Model GB fans are available in nineteen sizes with nominal wheel diameters ranging from 7" to 54". (Models GB-70 to GB- 540). Capacities range from 80 CFM through 34,000 CFM with static pressures to 1-1/4 inches. Model GB belt driven exhausters provide a wide range of performance capabilities and application flexibility. Adjustable motor pulleys allow for final system balancing. Fah;]Cbr^oration,'pertifies that iJ'the'.G and GB models shown herein are i, licensed to Bear trie AM0A, .Seal. The ;:;.£atjn<^,showrvarjs.b&sed op tests made in ;/iactprdahce with ^MCA'Steindard 210, ''Hjaftd AMCA Standani,3pb.and comply with!|.tHejrequiremjBnfs;of th;e AMCA Certified *UL and CSA are optional and must be specified *G and GB models are listed for Electrical (UL-705), File No. E40001 *G and GB models are CSA Certified, Report No.LR 34470 HJGREENHECK 06/31/99 13:61 KAA 319 351 1389 GKSSNEK GROUP H1PSK1ND @002/010 GREENHECK 08/31/99 JOB : Lucky #283 Carlsbad CA MARK : OAH-1 FHI Hooded Gravity Intake Standard Construction Features • Precision formed locked rib construction • Available in aluminum or galvanized steal construction • 1/2" galvanized steel mash birdscreens • Heavy gauge galvanized steel support members. • Units with a throat length greater than 84" or throat width greater than 42* are shipped knocked down. 7 NOTES : All dimensions shown are in units of inches, PERFOR Qty. 1 MANCE Model FHI-36x36-BS CAPSv6.30e Drawing No. FHM -93 GREENHECK 08/31/99 JOB : Lucky #283 Carlsbad CA 23.75 MARK TEF-3 Belt Drive Centrifugal Upblast Roof Exhauster Standard Construction Features • A NEMA 1 disconnect switch with factory installed wiring from the motor to the disconnect box (Only available on OOP and TE motors) • Aluminum housing • Backward inclined aluminum wheel • Aluminum curb cap with prepunched mounting holes • Drain trough • Ball bearing motors • Shock mounts • Corrosion resistant fasteners • Adjustable motor pulley • Adjustable motor plate • Fan shaft mounted in ball bearing pillow blocks • Static resistant belts. NOTES : All dimensions shown are in units of inches. DIMENSIONS Damper Size (In) 12x12 Roof Opening (In) 14.5x14.5 Approximate Weight (Lb) 52 PERFORMANCE Qty. 1 Model CUBE-100-4 Volume (CFM) 600 SP (In WC) 0.600 FRPM (BHpT 1260 j O.tl Motor Information Hp 1/4 V/C/P 1 1 5/60/1 Enclosure Open Drip Proof RPM 1725 SOUND Inlet Sound Power by Octave Band 63 67 125 70 250 68 500 60 1000 55 2000 54 4000 49 8000 43 LwA 63 dBA 52 Sones 6.3 AIR DENSITY Elevation (Ft) 44 Airstream Temp. (F) 70 LwA - A weighted sound power level, based on ANSI S1.4. dBA - A weighted sound pressure level, based on 11.5 dB attenuationper octave band at 6 feet. Sones calculated using AMCA 301 at 5 feet. .875 .750 .625 .500 SPnnWQ .375 .250 .126 CAPSv630« 5.OO Volume x 100 i 10.OO Drawing No. CUBE-1-93 Aug-23-99 08:01 From-ONE UPPER^[EWPORT PLAZA 9497520385 T-021 P.02/02 F-323 QMHGl, J, AVEFtt OF ENVIRONMENTAL HEALTH ^0, BOX 86261. S«N WEGO, C* W19MSJ1nw«tq 39*0377 AMIAtAKT MAECtOR SITE ASSESSMENT AND MITIGATION DIVISION June 18, Arco Products Company Attn= David White 4 Centerpointe Oirive •La Falroa, CA 90623-1066 UNAUTHORIZED RBLt!ASB #£13502-001 FORMER ARCO STATION #1939 7654 fen CW4IMO REAL, Dear Mr. White: and May(SAM) Division ha» reviewed requesting no further ,» ., . . 8lte- Based on the letters and the informationprovided in previously eubmitted site assessment reportscurrent site usage, we agree that th" soil andcontamination detected within the property linesremediated to th* «acisfaction of thie department. Therefore" site assessment e*r remediation is required for the a r^pr0perty ^^^a & the above-referenced aiteT, two areas outsid* of the property boundaries, affected -•££-«* «Wy Prior ^o^fSuan^o/T^no iSinS^ctSn- ^hTwfste^ ^ adja-Mt C° Ch^ 80il (with dis« north sideyour sitothese two areas. I you have any quest ion* please call Sincerely^ m«sample NASSER SlONiTr Project ManagerSite Assessment and Mitigation Division ITS i ao Menatti,international, inc. Forward, Hamilton, and scripps City of Carlsbad Planning Department August 19, 1999 Meg Purviance O'Day Consultants Suite 100 5900 Pasteur Court Carlsbad CA 92008 RE: CT 97-09 - LA COSTA LUCKY/SAV-ON SHOPPING CENTER Dear Meg: Per your request, please find attached the Notice of Restriction that has been prepared for the Lucky/Sav-on Shopping Center. Please have the appropriate parties sign the document paying attention to the signing instructions on the bottom of the signature page. Once completed, please return the document to me and I will forward it on to our city clerk's office for recordation. If you have any questions regarding the above, please call me at (760) - 438-1161, extension 4447. Sincerely, Van Lynch Associate Planner VL:eh attachment c: file 2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1 200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Assessor's Parcel Number 216-124-01-00 216-124-02-00 216-124-18-00 Project Number and Name GPA 97-02/ ZC 97-02/ CT 97- 097 PUD 97-137 SDP 97-077 SUP 97-027 SUP 97-037 CUP 97-03 - La Costa Lucky Sav- On Shopping Center NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Those portions of Lots 9, 14, and 1 5 in Section 35, Township 1 2 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof is restricted by a General Plan Amendment, Zone Change, Carlsbad Tract Map, Planned Unit Development, Site Development, Conditional Use Permit, Special Use Permit, and Special Use Permit (floodplain) No(s). 97-02, 97-02, 97-09, 97-13, 97- 07, 97-03, 97-02, 97-03 issued by the City of Carlsbad on August 4, 1998. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 OWNER:CITY OF CARLSBAD Owner's Name Signature MICHAEL J. HOLZMILLER, Planning Director Date Print name and title ATTEST: Signature Print name and title Date ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney By; Assistant City Attorney (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev. 06/04/96 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, Notary Public, personally appeared personally known to me - or LJ 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) Rev. 06/04/96 GRANT TUCKER PROPERTIES STEVEN P. GRANT LARRY TUCKER August 6, 1999 Michael Holzmiller c/o Adrienne Landers City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: Planning Commission Resolution #4311, Case #CT97-09, Planning Condition 23 Dear Mr. Holzmiller: The purpose of this letter is to obtain the approval of the Planning Director of the Declaration of Restrictions and Grant of Easements for La Costa Plaza between American Stores Properties, Inc. and Grant Tucker Properties (the "Declaration") pursuant to Planning Condition 23 of Planning Commission Resolution #4311, case #CT97-09 (La Costa Lucky-Sav-on Shopping Center) approved by the Carlsbad Planning Commission on June 17, 1998. Pursuant to Condition 23, the Declaration must be approved by the Planning Director prior to final map approval and recorded prior to issuance of a building permit. The plans for the Lucky Sav-on building and the site work are in second plan check with the City. Our consultants advise us that bid sets of the site work and Lucky building plans should be ready by the middle of September, with site work construction scheduled to be commenced by the middle end of October. American Stores wants the Lucky building plans to be permit ready prior to starting the site work. American Stores Properties, Inc. has received approval from the City to grade the site early. Accordingly we would appreciate the approval of the Planning Director of the enclosed Declaration at your earliest convenience, but hopefully not later than September 15, 1999. In order to make your review easier, we would like to provide the following references to certain of the conditions of Resolution 4311 which we are satisfying via the Declaration. Condition 12 is addressed in Paragraph V l(d) at page 20 and Paragraph V 5 at page 24. One Upper Newport Plaza, P.O. Box 7974, Newport Beach, CA 92658 (949) 852-5800 (949) 752 0885 Fax 2. With respect to Condition 18, we have previously submitted and obtained approval of our sign program. The CC&R's prohibit all window type advertisement signs unless approved in writing by the City. See Paragraph IV, first sentence. 3. Condition 23 (a) is covered in Paragraph XVI10 at page 40, Condition 23 (b) is covered in Paragraph 12 (a) at page 3, common area maintenance is covered in Paragraph III 5 at page 11 and Condition 23 (c) is covered in Paragraph IV 1 at page 16. 4. Engineering Condition 30 is covered in Paragraph X (b) at page 40. 5. Fees/agreements Condition 33 is covered in Paragraph III 5 at page 11 with respect to maintenance of the reciprocal access, parking and maintenance of the project site, and Paragraph IV 1 at page 16 By way of copy of this letter to Lloyd Hubbs, care of Ken Quon, I am also asking for the City Engineer's approval of Conditions 30 and 33. To the extent any further information is required of us, please let me know at your earliest convenience. Lastly, please note that we are planning to provide for an 800 square foot outdoor seating area in the plaza area on the west side of pad E. Very truly yours, Grant Tucker Properties Larry Tucker LT: rao cc: Lloyd Hubbs, c/o Ken Quon Jeff Dierck, Albertson's Robin Edwards, Esq. Steve Grant