HomeMy WebLinkAboutCUP 08-13; UNION BANK OF CALIFORNIA DRIVE-THRU; Conditional Use Permit (CUP). . a6/3a/2a88 a3:24 • PAGE 18
DNJ 6194651133 • ANZA PACIFIC
em ()f= CARLSBAD
LAND USE REVIEW APflUCATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(fOR DEPT. USIi ONI.:n (FOR DEPT. USE ON. '"
0 Administrative pennit 0 Planned DeYeiopment Permit
0 Admin~ve Variance 0 ~nnedlnd~IPennn
IE CoastaJ Development Permit c;.of?Oft ... ,4-0 Plannirlg commis$ioo
DeterminatiOn
[iJ Cond1tiOnai Use Permit CUeOf.-1.~ 0 Precise DeVelopment pran
0 Colldominil.M'i'l Pemtit 0 Redevelopment Patmft
0 Environmental Impact Assessment 0 Site Development Plan
0 General Plan Amendment 0 Special Use Permit
0 Habitat Management Plan PermIt 0 Specific Plan
0 0 Te .. tatirJa PMael Map Hillside 0eveI0pment Permit 0bCa1n fmm Engtr,ee(.ilO Oepem!eAl
0 locar Coastal Program Amendment 0 TentatiVe Tract Map
0 MasterPlan 0 VarianCe
0 Minor Conditional use Permit 0 Zone Change
0 N~~I Planned Development 0 List othef applications not
specified
2) ASSESSOR PARCEL NOeS).: 2144301900 --~~~~~~----------------------------------------3) PROJECTN~E~ UBOC Carlsbad Poinsettia TI
4) BRIEFOESCRIPTIONOFPROJECT: Conditional Use Permit Application for
the purpose of adding a Drive-Up ATM and D~ive-Up Teller to the existing
facility at 7180 Avenida Encinast Building "lit w:i.thin the Poinsettia Village
shopping center.
5) (}'MIlER NAME (Pnnt or Type)
Oberlin Partners, LLC
MAIUN~DRESS • f' . c/o a Pac~ 1C Propert1es, Inc.
7839 TIniversit Ave. Suite 104
CITY AND STATE... • • ZIP tELEPHONE La Mesa, Cal~forn1a 9i941
Attn: Mr. Stan Johnson
SMAIL ADORESS:
I CER11FY THAT I A~ THE I.e OWN~ AND THAT All 1lE
TRue: AND C~CT TO 1liE BeST OF MY
6} APPLICANT NAME (Print Of Type)
Reynaldo osegueda
MAILING ADDRESS
28178 Cabrillo Lane
CITY AND STATE ZIP Valencia, CA 91354
TElEPHONE
(661)297-1102
. A PROPOSED PROJECTRI!ClU1RMG MULTIPLEAPPIJCA110HS IE FB..ED, MUST BE _IIEO PRIOR 'to 3:18 P.IL
A PROPOSIiD PA.O.IECT REQUIItINCl ONLY ONE APPLICATION .. FIl.ED, MOsT BE SUBlii IS) PRIOR TO 4:00 P ...
PAGE1OF4
" .. 86/38/2888 83:24
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6194651133 ANZA PACIFIC PAGE 11 • • 7) BRIEF I...EGAL ~SCRIPTION
8) LOCATJON OF PROJECT: 7180 Avenida Encinas
ON THE I EAST I
(NORTH. SOUTH. b'I.ST. ~ST)
BEnNEE:N I Poinsettia Lane I
(NAME: OF STREElJ
STREET ADDRESS
sIDe OF [Avenida Encinas
(NAME OF smEEl)
AND [west of Hwy 5
(\IIAME OF" STREET)
9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBeRS OF clrr
STAFF, PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEMBERS OR CflY COUNCIL MEMBERS TO
INSPECT AND ENTER THE PROPERlY THAT IS iHE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) NOTICE OF RESTRICTION: PROPERTY OVIINER ACKNOVIILEOGES AND CONSENTS TO A NOTICE OF
RESTRICTION BEING RECORDED ON THE l1TLE TO HIS PROPERTY IF CONDmONEO FOR tHE
APP NOTICE OF RESTRICTIONS RUN 'MTH THE lAND AND BIND ANY SUCCESSORS IN INTEREST • ... ;;;;;-r
FOR ClfY USE ONL 'Y
Fotm 14 Rev. 03106
JUL 012008
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVEO BY:
PAGE 20F 4
• I • CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR: •
COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR)
COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL
DEVELOPMENT PERMITS)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
**Application checklist for Non-Single Family Regular Coastal Development Permits covered under
separate handout
A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A
proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m.
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the
same scale. (Use a scale no smaller than 1" = 40'.)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60.000 or more does not qualifY as a Minor Coastal Development
Permit. The Planning Director shall make the fmal determination regarding a project's cost of
development.
The primary basis for determining cost of development will be the application of dollar costs
per square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (lCBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost
of development (Contractor proposals may also be submitted for consideration by the
Planning Director). Please refer to the currentfee schedulefor the appropriate $Isquarefoot
fee rate.
New Residential Square Footage:
______ square feet x $ _____ Isq. ft. = $ __________ _
Residential Addition Square Footage:
______ square feet x $ ___ -:/sq. ft. = $ __________ _
Any Garage Square Footage:
______ square feet x $ ____ ,/sq. ft. = $ __________ _
=> Residential Conversion Square Footage:
______ square feet x $ /sq. ft. = $ __________ _
Please contact the City of Carlsbad Building Department for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and
ManufacturingIWarehouse uses.) * 1?~\ square feet x $~/sq. ft. = $_(p=-=fR:><...IJ-Iq.ae~ _____ _
~ ~ ~ Ie.::: 1C.~ Tft. V ",,-.
COST OF DEVELOPMENT ESTIMATE: $. ____ {«tJ=..::=::.4I~-'~ _____ _
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Fonn 13 Revised ) ) 106 Page) of7
• • B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) ~
2. A Regular Coastal Development Permit ($60,000 or more cost estimate) %
C. Street address of proposed development
,Itt? AveNll?A-~~
D. Assessor's Parcel Number of proposed development
~144-~O\qQ()
E. Development Description:
Briefly describe project: ...,Att::>1N6 ~~.W'"' ~ ~ 1:PJ~-llP
~ -to ~ 1fJ::. ~ FN!UJrf. NO t.tr:J?¥-jO
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.)
that surround the proposed development to the:
North: -E'U:5llItJCt ~L
South: ~etlL(, Cf'r1ctt eulLt::;mJC;
East: ~I..;;p t'~If:: ~.AJ' (.,~ssj
West: ~P FerrAlL
G. Is project located within a 100-year flood plain? DYes
II. PRESENT USE OF PROPERTY
III.
• • •
Fonn 13
A. Are there existing structures on the property? ~ es D No
If yes, please describe.
£ptS111'k0 fblNZett1A V\~ ~t.;>h ~
B.
~oo '\'
Will any existing structure be removed/demolished? DYes )Z1 No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
LOT COVERAGE
A. Existing and Proposed
Existing New Pro~osed Total
Building Coverage lJ/r sq. ft. AA sq. ft. l1A sq. ft.
Landscaped Area ~ sq. ft. l~ sq. ft. t1(Q sq. ft.
Hardscape Area to1 sq. ft. ~~sq.ft. ~ sq. ft.
Unimproved Area
1a-N.tr ~ (Left Natural) sq. ft. sq.ft. sq.ft. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Revised 11106 Page 2 of7
•
B.
c.
Parking: • Number of existing spaces
Number of new spaces proposed
Existing/Proposed TOTAL:
Number of total spaces required
Number of covered spaces
Number of uncovered spaces
Number of standard spaces
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
Grade Alteration:
Is any grading proposed?
If yes, please complete the following:
•
o
DYes#_
DYes#_
DYes
1. Amountofcut __________________ _
2. Amount of fill _________________ _
3. Maximum height offill slope ___________ _
4. Maximum height of cut slope ___________ _
5. Amount of import or export ____________ _
~o
cu. yds.
cu. yds.
feet
feet
cu. yds.
6. Location of borrow or disposal site ________________ _
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Fonn 13 Revised 11/06 Page 3 of7
The following materials shal. submitted for each application or for c.ned applications on a single
project.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single
Family Regular Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the
following information:
t. GENERAL INFORMATION
Da. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape
architect or land planner who prepared the maps/plans.
Db. Location, size and use of all easements.
Dc. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas
and points on ingress and egress, off-street parking and loading areas showing location,
number and typical dimension of spaces, and wheel stops.
Dd. Distance between buildings andlor structures.
De. Building setbacks (front, rear and sides).
Df. Location, height and materials of walls and fences.
Dg. Dimensions/location of signs.
Dh. A summary table of the following (if applicable to the application):
D( I) Street address and assessor's parcel number.
0(2) Site acreage.
0(3) Existing Zone, and Land Use Designation.
0(4) Proposed land use.
0(5) Total building coverage.
0(6) Percent of site to be landscaped.
0(7) Number of parking spaces requiredlprovided.
0(8) Square Footage of open or recreational space (if applicable).
0(9) Cubic footage of storage space (if applicable).
Di. All applicable Fire Suppression Zones as required by the City's Landscape Manual.
B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be included. Please consult the
City Planning and Engineering Department representative for a determination on any grading plan
geotechnical requirements if the project is in an overlay zone. The following information shall be
submitted at a minimum:
01. Approximate contours at l' intervals for slopes less than 5%; 2' intervals for slopes between
5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and
proposed topographic contours within a 100-foot perimeter of the boundaries of the site.
Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if
applicable).
02. Earthwork volumes: cut, fill, import and export.
03. Spot elevations at the comers of each pad.
04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for
lots with less than standard frontage.
05. Location. width andlor size of all watercourses and drainage facilities within and adjacent to
the proposed subdivision; show location and approximate size of any proposed
detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after conditions for any
project which is within or adjacent to a FEMA flood plain.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Form 13 Revised 11106 Page 4 of7
"
C. BUILDING ELEV.ONS AND FLOOR PLANS -Four ~oPies for a Minor Coastal
Development Permit and four (4) copies a Single Family Regular Coastal Development Permit
prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following
information:
D 1. Location and size of storage areas.
D2. All buildings, structures, wall and/or fences. signs and exterior lights.
D3. Existing and proposed construction.
D4. Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable).
D. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the
Applicant's responsibility to bring one (I) copy of a colored site plan and one (1) set of colored
elevations to the Planning Department by 12:00 noon, eight (8) days prior to the Planning
Commission meeting. Do not mount exhibits.
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
DA.
DB. Dc.
A completed Land Use Review Application Form.
Completed Coastal Development Permit Application.
Environmental Impact Assessment Part 1 with Regular Coastal Development Permits. Check with
Planning staff regarding Minor Coastal Development Permits and Single Family Regular Coastal
Development Permits for any environmental review requirements.
Do. Disclosure Statement.
DE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
OF. Completed "Project Description/Explanation" sheet.
DG. Property Owner's List and Addressed Labels:
NOTE: WHEN THE APPLICATION IS TENT A TIVEL Y 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.
1. A typewritten list of the names and addresses of all property owners within a 600' radius of
the 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.
2. Mailing Labels -two (2) separate sets of mailing labels of the property owners within a 600
foot radius of the subject property. For any address other than a single-family residence, an
apartment or suite number must be included. DO NOT provide addressed envelopes -
PROVIDE LABELS ONL Y. Acceptable fonts are: Arial II pt, Arial Rounded MT Bold 9 pt,
Courier 14 pt, Courier New 11 pt, and MS Line Draw 1 1 pt. Sample labels are as follows:
ACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt #3
Carlsbad, CA 92008
ACCEPTABLE (with APN)
209-060-34-00
MRS JANE SMITH
APT 3
123 MAGNOLIA AVE
CARLSBAD CA 92008
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Fonn 13 Revised 11/06 PageS of7
" .. • •
3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of
exterior boundaries of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owners list. The scale of the map may be
reduced to a scale acceptable to the Planning Director if the required scale is impractical.
4. 100' Radius Occupants/Address List and Labels (for coastal zone/COPs only): One (I)
list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets
oflabels (as described in "A" above) of the addresses within a 100' radius.
III. SPECIFIC PROJECT REQUIREMENTS -(May apply to single family, regular and minor coastal
development permits). Coastal Overlay Zones require additional information to be submitted as
follows: (refer to the Municipal Code for a full description)
A. Coastal Agriculture Overlay Zone
1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements.
B. Coastal Resource Protection Overlay Zone
1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the
Carlsbad Municipal Code.
2. Topographic and vegetation mapping/analysis subject to Subsection
21.203.040(B)(I) of the Carlsbad Municipal Code, if project is located along the first
row of lots bordering Buena Vista Lagoon including the lagoon mouth.
3. Topographic, drainage and wetland mapping subject to Subsections
21.203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of
Interstate 5 in the Batiquitos Lagoon watershed.
4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal
Code if project is located west of existing Paseo del Norte, west of Interstate 5 or
along EI Camino Real immediately upstream of existing storm drains.
5. Geologic report addressing landslides and slope stability subject to Subsection
21.203.040(B)(4) of the Carlsbad Municipal Code.
6. Geologic report addressing land slides and seismic hazards subject to Subsection
21.203.040(C) and (D) of the Carlsbad Municipal Code.
C. Coastal Shoreline Development Overlay Zone
1. Geotechnical report subject to 21.204.110 if project is located adjacent to an existing
seabluff edge between the sea and the first public road parallel to the sea; also may
be required by Planning Director if deemed necessary consistent with Section
21.204.110 of the Carlsbad Municipal Code.
2. Show all structures and decks on adjacent north and south propertie~ to perform
"stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal
Code.
3. Unless otherwise submitted project in this zone must also be submitted with plans
showing:
a. Boundaries and topography
b. Existing and proposed structures
c. Circulation
d. Drainage
e. Finished topography
f. Landscaping
D. Coastal Resource Overlay Zone Mello I LCP Segment
1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the
Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Form 13 Revised 11/06 Page 6 of7
".
IV. REQUIRED COAaL PERMIT FINDINGS -APproval. a regular or minor coastal
development permit is based on the ability to make three coastal related findings. These three findings
are presented below for your review and information.
1. That the proposed development is in conformance with the Certified Local Coastal Program
and all applicable policies.
2. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act.
3. That the development conforms with any applicable decision pertinent to this proposal and/or
site as set by the Coastal Commission on a previously related appeals decision per Public
Resources Code §30604(c).
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Fonn 13 Revised 11106 Page 7 of7
•
ANZA PACIFIC PAGE 07 6194651133 • • 66/36/2668 63:24
. '
PROJECT DESCRfPTlONIEXPLANATJON
PROVECTNAM~ __ UB __ o_c __ ca_r_~_s_h_a_d ________________________________ ___
APPLfCANT NAME: Reynaldo osegu~da
Please describe fully the proposed project by application type, Include any details
necoaaary to adequately explain the scope and/or operation of the proposed project
You may also inc:Iude any backgraood infonnation and supporting statemenls regarding
the re3$Ons for. or appropriateness of, 100 application. Use an addendum sheet if
neoe6Sary.
DescriptionlExplanation:
Conditional Use Permit Application for the purpose of adding a
Drive-up A~ and ~ive-Op Te~ler to the exiBt~g facility at
7180 Avenida Encinas, Building WIW within the Poinsettia Village
shopping center.
Page 1 or1
-.
86/3B/2B88 03:24 6194651133 • AHZA PACIFIC • PAGE 05
DISCLOSURE STATEMENT
Applicanfs statement or dfsdosure of certtin cMnershlp interestS on aN applWations which win require
diacrefi action on the part of the City Council or any ap • ad Board, CDullisSion or Committee.
The fOllowing information JIJl!I be dlsdosed at the time of appHcation submlltal. Your project cannot be
reviewed until thiS Information is completed. Please prH.
1. APPUCANT (Not the appltanrs agenl)
~·the coar&m. LEGAL names and addresses of & persons having a finanetal interest
In the appIfcatIon. If the applicant IndUdes a COI'Q9I'ation., or partnership. include the names, titte.
addresaes of al inc:IIvIdt.Ial$ owning mDl'9lhan 10% of 1he shares. If NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLeASE INDICATE NON-APPUCABLE (Nl~ IN THE SPACE
BelOW. If a RUblclY..owned ~. inClude 1he names, tides, and addresses of the corporate
officers. (A separate page may be attached if necassary.)
Person Reyna1dQ p:seg;neaa ~ Jgpea lIang-LaSalle Americas, Inc.
TiUe Senior Projeot Manager TItIe'-___________ _
Address 28178 Cabrillo Lane Address 445 South Figueroa Street, #73. 0
Valencia, CA 91354 Los Angeles, CA 90071
2. OWNER (Nat the oWtter's agent)
Provide the cgMPL.J;TE. LEQAL names and addresses of &. persons havilg any ownership,
i.t.erest in 1I1e fKOPeI1y involved. Also. provide the nature of the legal ownership (i.a, partnership.
tenants in common. non-profit. COI'pOtation. etc.). If the ownership includes a corporation or:
partnerWtiD. incfude 1he names. ., addNcse& of afl individuals owning more than 10% 01 ihe
shareS. IF NO INDMOUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE
NON-APPUCABLE {N/A} IN THE SPACE BELaN. If a wblLdV-owned cqpora6on, inctude the
n __ • titles, and addresses of the corporals officers. (A.sepaI ate page may be al1ached if
necessary.)
Pe~ __________________ __ rill8~~ __________________ __
A~~ ________________ _
CotplPart Oberlin Partners I LLC
~Da~ __ ~~~~~~~~~~-c70 Ariza 'ac1fic properties, !nc~
Address 2839 university Aye,. Spit.e. 1.04;
La Mesa. CA 9~941
Attn ~ Mr _ Stan Johnson
06/30/2088 83:24 6194651133 ANZA PACIFIC PAGE 06
. -• •
3. NON..9ROFIT ORGANZATION OR TRUST
Jf any person idernified pnuant to (1) or (2) abOve is a no"Prufit prganizatign or g b:usl list the
nantes and addresses of AMY person serving as a'\ officer or cfne.tor Of the nan-profit
cxganrzaliort or as tNatee or ~ary d the.
Non~ruK~ __________ __ NonPrnR~ru~~ ______________ _
Tma~ __ ~ ____________ ___ Tme~ ____________________ __
Ad~~ ______________ __ ~~~~------------~-----
4. Have you had mote than $SOO worth of busfness transaeted Wfth arw member of City staff.
Boards. Commissfons, Committees andtor Cculc;;[ wllhin the past 1wefve (12) monthS? o 'Yes 0 No If ~.Iliease irdcate peraon{s): ____________ _
above infonnation Is true and c:omtd to the best of my knowledge.
C:I~
Signature of appricanWate
_. s'TA..N. ~ihAf~J4 ~ Reynaldo Osegueda
Print or type nama Or owner Print or type name of appfic:ant
Sfgnabe of owner/applicants agent if appIfcablahfate
Print ortype name of owMrlapplicant's Bg8nt
Page2of2
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e6/36/2ee8 63:24
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6194651133 • ANZA PACIFIC •
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
CODSUitation O£Lists of SItes Related To Huardout Wastes
(Certifica1ion ofCompJiancc with Govmunetlt Code Section 65962.5)
P'Ul'SUmt to St&tc of California Gcmm1m;m1t Code Section 65962.5, I bave consulted the Hazardous
Wastes and Substances Sites List «unpiled by the California Environmental Protection Agency and
hereby certify that (check 0110):
PAGE 68
~ The development project end any altcmativt:s proposed in this application are .ot contained on
the lists compiled pursuant to Sedion 6S962.S of the State Go\'CtDlDeOt Code.
D The deveJopme:nt project and any aI=matives proposed in this apptkation AI:! contained on the
lists compiled pursuant 10 Sc:ction 65962.5 oftbe State Govemmcnt Code.
APPLiCANT
Name: Reynaldo Osegueda
A~: 28~7B Cabrillo Lane
V~lencia, CA 91354
PhoneNumbet: (661) 29i":~102
PROPERTY OWNER "
Nante~ Oberlin Partners, LLC
clo Anza Pacific Properties, "Inc.
Addreas:tB~ TIn; v ers; t~ fJl.:t., Suite l04 a esa, CA .9l4
Attn; Mt:. Stan JolmSQU.
Ph~N~.~ ____________________ _
Addres$ofSite: 7160 Avenida Encinas, Carlsbad, CA 9203.1
JA(;at Agency {Cky and COlb\ty):._,._~~_~ ______________ _
Assessor's bo~ page; and parcel number: 2144301900 ------------------7--~------~----
specifYlist{s): ________________ ----~ ____ ~ __
Regulatory Identification Nurnber:'-___ ~ _____________________ _
Oa~ofLi": ______ ~~ ___________________________________ __
ANZA PACIFIC PAGE 09
86/38/28B8 83:24 ... 6194651133 • • . -
The Hazatdous Waste and Substances Sites (Cortese List) Is a planning document
used by the state, local agencies and developers to comply with the California
Environmental Quality Act requirements in providing information about the location of
hazardous materiaJ!5 release sites. Government Code section 65962.5 requires the
Calffomia Environmemat Protedfon Agenct to dewlop at feast annualy an updated
Cortese list. Below is a list of agencies that maintaJn information regardfng Hazardous
Waste and Substances Sites.
Department otTo. Substances Control
www·dtsc.g.govJdatabase!galsites
Calsiles Hotline (916) 323-3400
State Water Resources ControJ Board
www.swrpb.ca.gov/cwphomelbstis
County of San Diego
Certified Unified Program Agency (CUPA)
Mike Dorsey
Chief, Hazardous Materials Division
Department of Environmental Health SeIVices
Hazardous Materials Management Division
Mdng address:
. P.O. Box 129261
San Diego. CA 92112~9261
(619) 338-2395
Can Duty SpeciaHst for General Questions at (S19) 330.2231 fax: (619) 338-2315 www·co.spn-cfleQO.C8.US
Integrated Waste Management Board
www·ciwmb.ca.qov
916~255-1021
El1Viroornental Protection Agency
National Priorities Sites rSuperfund'" or ·CERCUSj
www·sDa.gov/superfum::f/$ilplcursites
(800) 424-9346
National Priorities list Sites in Ihe United Slates
www.epa.,Qov/superfundisiteslnDllnpthtm
5/19103
. ....
• Ii COl1lm~nwe~lth
February 5, 2008
Oberlin Partners, LLC
P.O.Box 2062
Del Mar, CA 92014
YOUR REF:
OUR NO.:
7180 Avenida Encinas
05723815
• Commonwealth Land Title Company
750 "B" Street
Suite 3000
San Diego, CA 92101
Phone: (619)233-3000
Attached is your ALTA Owners 2006 policy of title insurancer per your instructions.
• •
This policy has been issued through the offices of
Ia. Commonwealth
Commonwealth Land Title Company
750 "B" Street
Suite 3000
San Diego, CA 92101
Phone: (619) 233-3000
We wish to take this opportunity to thank you for allowing us to assist you in your recent
real estate transaction. We appreciate your confidence in us and take pride in our ability to
service all your title needs.
The enclosed title policy was carefully prepared in accordance with your agent's instruction
and should be kept in a safe place with your other important documents as it continues to
protect you as long as you have an interest in the subject real property.
We hope we can be of assistance to you in all your future real estate transactions.
Cordially,
Margaret Foster
Executive Vice President
West Region leader
• PRIVACY POLICY NOTICE
LandAmerica Financial Group, Inc. and its family of affiliated companies ("LandAmerica") respect the privacy
of our customers' personal information. This Notice explains the ways in which we may collect and use
personal information under the LandAmerica Privacy Policy.
LandAmerica provides title insurance and other real estate services through its affiliates. The three largest
members of the LandAmerica family, Commonwealth Land Title Insurance Company, Lawyers Title Insurance
Corporation, and Transnation Title Insurance Company, and their title affiliates, issue title policies and handle
real estate closings across the country. You may review a complete list of the LandAmerica family of affiliates
covered by this Privacy Policy on our website at http://www.landam.com under the privacy policy link or
request a copy be sent to you from the address listed below. The LandAmerica Privacy Policy applies to all
LandAmerica customers, former customers and applicants. Please visit our website for an explanation of our
privacy practices relating to electronic communication.
What kinds of information we collect: Depending on the services you use, the types of information we
may collect from you, your lender, attorney, real estate broker, public records or from other sources include:
• information from forms and applications for services, such as your name, address and telephone number,
• information about your transaction, including information about the real property you bought, sold or
financed such as address, cost, existing liens, easements, other title information and deeds,
• with closing, escrow, settlement or mortgage lending services or mortgage loan servicing, we may also
collect your social security number as well as information from third parties including property appraisals,
credit reports, loan applications, land surveys, real estate tax information, escrow account balances, and
sometimes bank account numbers or credit card account numbers to facilitate the transaction, and
• information about your transactions and experiences as a customer of ours or our affiliated companies,
such as products or services purchased and payments made.
How we use and disclose this information: We use your information to provide you with the services,
products and insurance that you, your lender, attorney, or real estate brokers have requested. We disclose
information to our affiliates and unrelated companies as needed to carry out and service your transaction, to
protect against fraud or unauthorized transactions, for institutional risk control, to provide information to
government and law enforcement agencies and as otherwise permitted by law. As required to facilitate a
transaction, our title affiliates record documents that are part of your transaction in the public records as a
legal requirement for real property notice purposes.
We do not share any nonpublic personal information we collect from you with unrelated companies for their
own use.
We do not share any information regarding your transaction that we obtain from third parties (including credit
report information) except as needed to enable your transaction as permitted by law.
We may also disclose your name, address and property information to other companies who perform
marketing services such as letter production and mailing on our behalf, or to other financial service companies
(such as insurance companies, banks, mortgage brokers, credit companies) with whom we have joint
marketing arrangements. Additionally, some LandAmerica affiliates may share information about their
transaction and experiences with you in order to identify opportunities to market other LandAmerica services
or products that may be useful to you.
How we protect your information: We maintain administrative, physical, electronic and procedural
safeguards to guard your nonpublic personal information. We reinforce our privacy policy with our employees
and our contractors. Joint marketers and third parties service providers who have access to nonpublic
personal information to provide marketing or services on our behalf are required by contract to follow
appropriate standards of security and confidentiality.
Title insurance agents may be covered by this policy: If your transaction goes through a title insurance
agent that is not part of the LandAmerica family, the agent handling your transaction should provide you with
the agent's own privacy policy or evidence that the agent has adopted our policy.
If you have any questions about this privacy statement or our practices at LandAmerica, please email us at
customerservice@landam.com or write us at: LandAmerica Privacy, P.O. Box 27567, Richmond, VA
23261.
Form 3391-6 (Eff. June 2006)
OWNER'S POLICY O~TLE INSURANCE •
IssuedbyCommonwealth Land Title Insurance Company
r...~ londAmerka
_ Commonwealth
Commonwealh Land Title Insurance Corporation is a member of
the Land America famify oftille insurance underwriters.
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given
to the Company at the address shown In Section 18 ofthe Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation (the 'Company') insures, as of Date of
Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage. not exceeding the Amount of Insurance,
sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Trtle caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity. or impersonation:
(ii) failure of any person or Entity to have althorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or detivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invafid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authOrity due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements
located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit. or governmental regulation (including those relating to building and zoning)
restricting. regulating prohibiting, or relating to
(a) the occupancy, use, or enjoyment ofthe Land;
(b) the character. dimensions. or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice. describing any part of the Land. is recorded in the Public Records setting forth the Violation or intention to enforce. but only
to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action. describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land. is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights
laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency. or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely. or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or fien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company 'Nill also pay the costs. attorneys' fees. and expenses incurred in defense of any matter insured against by this PoBcy. but only to
the extent provided in the Conditions.
IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and
sealed as required by its By-Laws.
Attest:
ObI Cover -ALTA Owner's Poley (06117/06)
Form 1190-127
COMMONWEALTH LAND TITLE INSURANCE COMPANY
President
Vald only if Schedules A and B are attached
• •
EXCLUSIONS FROM COVERAGE
The follo'Ning matters are expressly excluded from the coverage of this policy, and the Company 'Nill not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of: . . .
1. Ca) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restncting. regulating,
prohibiting. or relating to
(i) the occupancy, use, or enjoyment oUhe Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws. ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit
the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or li~it the coverage provi~ed under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or Omit the coverage prOVIded under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered. assumed, or agreed to by the Insured Claimant; .
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and n?t
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant; . . .
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage prOVIded under Covered
Risk 9 and 10; or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws. that the transaction vesting
the Title as shown in Schedule A. is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. . .
5. Any tien on the Title for real estate taxes or assessments imposed by governmental authority and created. or attaching .between Date of
PoliCY and the date of recording of the deed or other instrument of transfer in the Pubhc Records that vests Title as shown In Schedule A
CONDITIONS
1 DEFINITION OF TERMS
The follo'Ning terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in
Schedule Po, as may be increased or decreased by endorsement to
this policy. increased by Section 8(b), or decreased by Sections 10
and 11 ofthese Conditions.
(b) "Date of Policy": The date designated as "Date of
Policy" in Schedule A.
(c) "Entity": A corporation, partnership. trust, limited
Dability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(AI successors to the Title of the Insured by
operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next of kin;
(8) successors to an Insured by dissolution,
merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its
conversion to another kind of Entity;
(D) a grantee of an Insured under a deed
delivered 'Nithout payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships,
or other equity interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the
named Insured,
(3) if the grantee is wholly-owned by
an affiliated Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned by the same
person or Entity, or
(4) if the grantee is a trustee or
beneficiary of a trust created by a written instrument established by
the Insured named in Schedule A for estate planning purposes
(ii) WIth regard to (A). (8), (C). and (D) reseTVIng.
however, all rights and defenses 8S to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or
damage.
(f) "Knowledge" or "Known": Actual knowledge, not
constructive knowledge or notice that may be imputed to an Insured
by reason of the Pubic Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and
affixed improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area
described in Schedule Po, nor any right, title, interest. estate. or
easement in abutting streets. roads, avenues, alleys. lanes. ways.
or waterways, but this does not modify or limit the extent that a right
of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or
other secunty instrument. including one evidenced by electronic
means authorized by law.
0) "Public Records": Records established under state
statutes at Date of Policy for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value
and 'Nithout Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed in
the records of the clerk of the United states District Court for the
district where the Land is located.
(j) "Title": The estate or interest described in Schedule
A.
(k) "Unmarketable Title": Title affected by an alleged or
apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from the
obligation to purchase. lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this pOlicy shall continue in force as of Date of
Policy in favor of an Insured. but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of
" .. arranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions. (iI)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that is adverse to the Title, as insured, and that
mgtt cause loss or damage for which the Company may be Mable
by virtue of this polcy, or (iii) if the Title, as insured, is rejected 8S
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Daimant to provide pr~ notice, the Company's
• Conditions Continued •
liabiHty to the Insured Claimant under the policy shall be reduced to
the extent ofthe prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option. require as a condition
of payment that the Insured Claimant furnish a signed proof of loss,
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state. to the extent possible, the basis
of calculating the amount of the loss or damage,
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to
the options contained in Section 7 of these Conditions. the
Company, at its own cost and without unreasonable delay, shall
provide for the defense of an Insured in litigation in which any third
party asserts a claim covered by this policy adverse to the Insured.
This obHgation is limited to only those stated causes of action
alleging matters insured against by this poficy. The Company shall
have the right to select counsel of its choice (subject to the right of
the Insured to object for reasonable cause) to represent the Insured
as to those stated causes of action. It shall not be liable for and will
not pay the fees of any other counsel. The Company will not pay
any fees, costs, or expenses incurred by the Insured in the defense
of those causes of action that allege matters not insured against by
this policy.
(b) The Company shall have the right. in adtfition to the
options contained in Section 7 of these Concitions. at its own cost.
to institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
action under the terms of this policy. whether or not it shall be liable
to the Insured. The exercise of these rights shall not be an
admission of fiabihty or waiver of any provision of this policy. If the
Company exercises its rights under this subsection. it must do so
diligently.
(c) Whenever the Company brings an action or asserts
a defense as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of competent
jurisdiction. and it expressly reserves the right. In its sole discretion.
to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the action
or proceeding. including the right to use, at its option, the name of
the Insured for this purpose. Whenever requested by the Company,
the Insured, at the Company's expense, shall give the Company all
reasonable aid 0) in securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful act that in the opinion of the
Company may be necessary or desirable to establish the Title or
any other matter as insured. If the Company is prejudiced by the
failure of the Insured to fumish the required cooperation. the
Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute,
or continue any litigation, with regard to the matter or matters
requiring such cooperation.
(b) The Company may reasonably require the Insured
Claimant to submit to examination under oath by any authorized
representative of !he Company and to produce for examination,
inspection, and copying. at such reasonable times and places as
may be designated by the authorized representative of the
Company, all records. in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports. e-
mails. disks. tapes, and videos whether bearing a date before or
after Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in writing,
for any authorized representative of the CO!1l>8ny to examine,
inspect. and copy all of these records in the custody or control of a
third party that reasonably pertain to the loss or damage. All
infonnation designated as confidential by the InslXed Claimant
provided to the Corr4:lany pursuart to this SectIon shall not be
disclosed to others unless, in the reasonable jud!Jl1ert of the
Company, it is necessary in the administration of the claim. Failure
of the Insured Claimant to submit for examination under oath,
produce any reasonably requested information. or grant permiSSion
to secure reasonably necessary information from third parties as
required in this subsection. unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of
Insurance.
To payor tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this poficy, other
than to make the payment required in this subsection, shall
terminate, including any liability or obligation to defend. prosecute.
or continue any fitigation.
(b) To Payor Otherwise Settle With Parties Other Than
the Insured or With the Insured Claimant
(i) To payor otherwise settle with other parties for or
in the name of an Insured Claimant any claim insured against under
this policy. In addition. the Company will pay any costs. attomeys'
fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment and that the
Company is obHgated to pay; or
(ii) To payor otherwise settle with the Insured
Claimant the loss or damage provided for under this policy, together
with any costs, attorneys' fees. and expenses incurred by the
Insured Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this poncy for the claimed loss or damage, other than
the payments required to be made. shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or
damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as
insured and the value of the Title subject to the risk insured against
by this policy.
(b) If the Company pursues its rights under Section 5 of
these Conditions and is unsuccessful in establishing the Title, as
insured,
0) the Amount of Insurance shall be increased by
10%, and
(ii) the Insured Claimant shall have the right to have
the loss or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled and
paid.
(c) In addition to the extent of liabifity under (a) and (b).
the Company will also pay those costs. attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company estabtishes the Title, or removes the
alleged defect, fien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any method,
including itigation and the cOl11lletion of any appeals. it shall have
fully performed its obligations with respect to that matter and shall
not be lable for any loss or damage caused to the Insured.
(b) In the event of any itigation, including ltigation by the
Corr4:lany or with the Corr4:lany's consent, the Company shan have
no labilly for loss or damage until there has been a final
• Conditions Continued •
detennination by a court of competent jUrisdiction, and disposition of
all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to
the Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent ofthe Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
AIl payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has
agreed, assumed, or taken subject. or which is executed by an
Insured after Date of Policy and which is a charge or fien on the
Title, and the amount so paid shall be deemed a payment to the
Insured under this poHcy.
12. PAYMENT OF LOSS
When Dability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and
paid a claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other rights and
remedies in respect to the claim that the Insured Claimant has
against any person or property, to the extent of the amount of any
loss, costs, attorneys' fees, and expenses paid by the Company. If
requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these rights
and remedies. The Insured Claimant shall pennit the Company to
sue, compromise, or settle in the name of the Insured Claimant and
to use the name of the Insured Claimant in any transaction or
Htigation invoMng these rights and remedies.
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shalf defer the exercise of its
right to recover until after the Insured Claimant shall have recovered
its foss.
(b) The Company's right of subrogation includes the
rights of the Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any tenns or conditions
contained in those instruments that address subrogation rights.
14. ARBITRATION
Bther the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising
out of or relating to this policy, any service in connection with its
issuance or the breach of a policy provision, or to any other
THANK YOU.
controversy or claim arising out of the transaction giving rise to this
policy. AIl arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. AIl arbitrable matters when the Amount of
Insurance is in excess of $2,000.000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon
the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
15. LIABILITY UMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any,
attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any
provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the
status of the Title or by any action asserting such claim shall be
restricted to this poRcy.
(cl Any amendment of or endorsement to this policy must
be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is
made a part of this policy and is subject to all of its terms and
proviSions. Except as the endorsement expressly states, it does not
(i) modify any of the tenns and provisions of the policy, (ii) modify
any prior endorsement. (iii) extend the Date of Policy. or (IV)
increase the Amount of Insurance.
16. SEVERABILITY
In the event any proviSion of this PoliCY, in whole or in part, is held
invafid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid.
but all other provisions shall remain in full force and effect,
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the
Company has underwritten the risks covered by thiS poUcy and
detennined the premium charged therefor in reliance upon the law
affecting interests in real property and applicable to the
interpretation, rights. remedies, or enforcement of poliCies of title
insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to detennine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the tenns of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to
detennine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be filed only in a
state or federal court within the United states of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this Policy must be
given to the Company at: Consumer Affairs Department PO Box
27567 Richmond, Virginia 23261-7567
Title insurance provides for1he protection of your real estate inveslmenl We suggest you keep this poticy in a safe place where it can be readily available for future reference.
!fyou have questions about title insurance orthe coverage provided by this policy, contact the office that issued this policy, or you may can or write:
COITJTlonwealth Land Title Insurance Company
ConSlJ11er Affairs
P.O. Box 27567
Riclmond, Vkginia 23261-7567
telephone, tolfre~: BOD 446-7086
web: _.Ian daTI-com
We thank you for choosing to do business with Commonwealth Land Tile Insurance Company, and look forward to meeting your future title insurance Il8fI!b
eonnn-ellth UncI Title Insunnce Company
IS 8 merrber of 1he LiY1dIvnerca amly of trtle nsurarce lI1de!wnters
B 1190-127
,e •
Commonwealth
ALTA Owner's 2006 Policy
POLICY OF TITLE INSURANCE
Issued by
Commonwealth Land Title Insurance Company
SCHEDULE A
Amount of Insurance: $6,900,000.00 PoliCY/File No.: 05723815
Address Reference: 7180-7188 Avenida Encinas, Carlsbad, CA 92011
Premium: $6,900.00
Endorsement Fees: $0.00
Date of Policy: January 11, 2008 at 1:42 p.m.
1. Named of Insured:
Oberlin Partners, LLC
2. The estate or interest in the Land that is insured by this policy is:
A FEE as to Parcel(s) Ai
AN EASEMENT more fully described below as to Parcel(s) B
3. The estate or interest referred to herein is at the Date of Policy vested in:
Oberlin Partners, LLC, a California limited liability company
4. The Land referred to in this policy is situated in the County of San Diego, State of California,
and is more particularly described in Exhibit "A" attached hereto and made a part hereof.
By: ~ -< 6{o. i4 t. ,
Authorized Signatory
ALTA Owner's Policy (6-17-06)
Page 1
• • File No.: 05723815
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of California,
described as follows:
Parcel A:
Parcel 7 of Parcel Map No. 15187, in the City of Carlsbad, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, March 28, 1988,
Recorder's File No. 88-140044 of Official Records.
Excepting therefrom all mineral rights not heretofore otherwise conveyed or reserved by
grantor, including without limitation all oil, gas, hydrocarbon and similar rights, and all
water, water rights, geothermal steam and steam power, within or underlying the real
property herein conveyed, together with the perpetual right of development thereof,
provided, however, that the rights herein reserved and excepting to not include the right to
enter upon the surface and the top 500 feet of the subsurface of the real property herein
conveyed as reserved by occidental land and development corporation, recorded July 21,
1981 Recorder's File No. 81-228252 of Official Records.
Reserving therefrom non-exclusive easements as more particularly described in the
operation and reciprocal easement agreement dated June 1, 1988, executed by poinsettia
associates, a California Limited Partnership, and Federated Department Stores, Inc., a
Delaware Corporation, recorded June 6, 1988 as File No. 88-267194 of Official Records and
as amended by agreement recorded December 30, 1988 as File No. 88-674762 of Official
Records.
Parcel B:
Non-exclusive easements as more particularly described in the operation and reciprocal
easement agreement dated June 1, 1988, executed by poinsettia aSSOCiates, a California
limited partnership and Federated Department Stores, Inc., a Delaware Corporation,
recorded June 6, 1988 as File No. 88-267194 of Official Records and as amended by
agreement recorded December 30, 1988 as File No. 88-674762 of Official Records.
Assessor's Parcel Number: 214-430-19
ALTA Owner's Policy (6-17-06)
Page 2
• • SCHEDULE B
EXCEPTIONS FROM COVERAGE
File No.: 05723815
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'
fees, or expenses that arise by reason of:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2008 -2009 which are a lien not
yet payable.
B. Second Installment Property taxes, including general and special taxes, personal property taxes, if
any, and any assessments collected with taxes, for the fiscal year 2007 -2008.
2nd Installment:
Penalty (including cost):
Code Area:
Assessment No.:
$893.71 Open valid until April 10, 2008
$99.37 Due if paid after April 10
09027
214-430-19-00
B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue
and Taxation Code of the State of California.
C. The lien of any special assessment or tax resulting from the inclusion of the property in a special
assessment district or Mello-Roos Community Facilities District, which may exist by virtue of
assessment maps or notices filed and/or recorded by any such district. Assessments, if any,
arising from such assessment districts may be collected with the regular real property taxes.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. Intentionally Deleted
3. The fact that the ownership of said land does not include rights of access to or from the street or
highway abutting said land, such rights having been severed from said land by the document
Recorded: July 18, 1963 as Instrument No. 125935 of Official Records
4. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Granted to: State of California
Purpose: pipelines
Recorded: July 18, 1963 as Instrument No. 125935 of Official Records
Affects: said land more particularly described therein.
5. Intentionally Deleted
6. Intentionally Deleted
ALTA Owner's POlicy (6-17-06)
Page 3
• • File No.: 05723815
SCHEDULE B Continued
7. Covenants, conditions and restrictions as set forth in the document
Recorded: December 29, 1983 as Instrument No. 83-475374 of Official Records
This exception omits any covenant, condition or restriction based on race, color, religion, sex,
handicap, familial status or national origin, unless and only to the extent that the covenant,
condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.c.
Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people.
8. Matters contained in the dedication statement or elsewhere on the tract or parcel map shown
below, which among the things provide:
Tract/Parcel Map: Carlsbad Tract No. 81-6, Map 10829
Provisions: as follow:
General Conditions, Calif. Coastal Conservancy Fee and Special Conditions
Reference is made to said map for full particulars.
9. An easement for the purposes shown below and rights incidental thereto as shown or as offered
for dedication on the recorded map shown below.
Map: Carlsbad Tract No. 81-6, Map 10829
Easement purpose: sewer system
Affects: as shown upon the improvement plans for said tract
10. An easement for the purposes shown below and rights incidental thereto as shown or as offered
for dedication on the recorded map shown below.
Map: Carlsbad Tract No. 81-6, Map 10829
Recorded: January 26, 1984 as Instrument No. 10829, of Official Records
Easement purpose: drainage
Affects: As shown on said map
Said matter affects Parcel B
11. The matters contained in a document entitled "Construction and Use of Desiltation and Retention
Basin and Traffic Improvements" recorded February 6, 1984 as Instrument No. 84-045340 of
Official Records.
Reference is made to said document for full particulars.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Granted to: San Diego Gas & Electric Company
Purpose: Public utilities, ingress and egress
Recorded: August 6, 1984 as Instrument No. 84-297511 of Official Records
Affects: said land more particularly described therein.
Reference is made to said document for full particulars.
13. The matters contained in a document entitled "Resolution of the City Council of the City of
Carlsbad, Establishing a Bridge and Thoroughfare District to Finance the Costs of Major Public
Bridge Improvements" recorded August 19, 1986 as Instrument No. 86-356638 of Official
Records.
Reference is made to said document for full particulars.
ALTA Owner's Policy (6-17-06)
Page 4
• • File No.: 05723815
SCHEDULE B Continued
14. The matters contained in a document entitled "Hold Harmless Agreement Drainage" recorded
December 17, 1986 as Instrument No. 86-593787 of Official Records.
Reference is made to said document for full particulars.
15. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Granted to: San Diego Gas & Electric Company
Purpose: Public utilities, ingress and egress
Recorded: October 20, 1987 as Instrument No. 87-590531 of Official Records
Affects: said land more particularly described therein.
Reference is made to said document for full particulars.
16. An easement for the purposes shown below and rights incidental thereto as shown or as offered
for dedication on the recorded map shown below.
Map: 15187
Recorded: March 28, 1988
Easement purpose: Public utilities, and general easement
Affects: easement Parcel B
Easement purpose:
Affects:
drainage
easement Parcel B
Easement purpose: water
Affects: easement Parcel B
Easement purpose:
Affects:
traffic signal maintenance
easement Parcel B
17. An easement for the purposes shown below and rights incidental thereto as shown or as offered
for dedication on the recorded map shown below.
Map: 15187
Recorded: March 28, 1988
Easement purpose: clear space
Affects: As shown on said map
Said matter affects Parcel B
18. An easement for the purposes shown below and rights incidental thereto as shown or as offered
for dedication on the recorded map shown below.
Map: 15187
Recorded: March 28, 1988
Easement purpose: reciprocal drainage, parking and access
Affects: As shown on said map
19. Matters contained in the dedication statement or elsewhere on the tract or parcel map shown
below, which among the things provide:
Tract/Parcel Map: 15187
Provisions: as follows:
A reciprocal access and drainage easement is hereby reserved across Parcels 1 through 14
inclusive and the maintenance of said easement shall be the responsibility of all the property
owners in perpetuity.
Various restrictions in improving or developing the property herein described.
ALTA Owner's Policy (6-17-06)
Page 5
• • File No.: 05723815
SCHEDULE B Continued
The maintenance of the private access easement over Lot 9 shall be the common responsibility of
all property owners in perpetuity.
This project is approved upon the express conditions that building permits will not be issued for
development of subject property unless the City Engineer determines that sewer facilities are
available at the time of application for such sewer permits and will continue to be available until
time of occupancy.
Reference is made to said map for full particulars.
20. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Granted to: The Pacific Telephone and Telegraph Company
Purpose: Public utilities, ingress and egress
Recorded: May 31, 1988 as Instrument No. 88-254904 of Official Records
Affects: said land more particularly described therein.
A Plat is attached to and made a part of said document which indicates the location or
approximate location of said easement.
21. The matters contained in a document entitled "Operation and Reciprocal Easement" recorded June
6, 1988 as Instrument No. 88-267194 of Official Records.
Amended by document recorded December 30, 1988 as Instrument No. 88-674762 of Official
Records
The matters contained in a document entitled "Secondary Operating Agreement" recorded March
27, 1989 as Instrument No. 89-154614 of Official Records.
The matters contained in a document entitled "Tertiary Operating Agreement" recorded August 25,
1992 as Instrument No. 1992-0537579, of Official Records.
Reference is made to said documents for full particulars.
22. Intentionally deleted.
23. An easement for the purpose shown below and rights incidental thereto as set forth in a document
Granted to: Carlsbad Municipal Water District
Purpose: pipelines, pumping facilities structures
Recorded: December 21, 1989 as Instrument No. 89-691852 of Official Records
Affects: said land more particularly described therein.
Reference is made to said document for full particulars.
24. The matters contained in a document entitled "Agreement Between Owner, Developer and The
City of Carlsbad for the Payment of a Public Facilities Fee" recorded October 18, 1990 as
Instrument No. 90-567314 of Official Records.
Reference is made to said document for full particulars.
25. Intentionally Deleted
ALTA Owner's Policy (6-17-06)
Page 6
• • File No.: 05723815
SCHEDULE B Continued
26. The matters contained in a document entitled "Notice of Restriction of Real Property" recorded
January 25, 1999 as Instrument No. 1999-0039202 of Official Records.
Reference is made to said document for full particulars.
27. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby.
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
Loan No.:
Endorsements: NONE
ALTA Owner's Policy (6-17-06)
$3,000,000.00
January 7, 2008
Oberiln Partners, LLC, a California Limited Liability Company
Commonwealth Land Title Insurance Company
California Bank & Trust, a California Banking Corporation
January 11, 2008 as Instrument No. 2008-0013938
not disclosed
Page 7
I
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IS'
PM 15187
"t. ~ ~
-~
SAN DIEGO COONlY ASSCSSOR'S MAP
~ 214-43
1" = 200'
1/1<'/11''.' <.1/
Or'-' ffl/(;/M tt)'.fS f{('I'fIlrf-1I1
IC HP NC 1:5
[JUf PRfOHNJN /lfWAI'N "' em N(
m Of milClI} " m
'.:';'" .jj"e:.. '" 3~!H
Oillflr! U IJ PftlfJ 16 If fill}
1lil'IIf 21 IJJ fjflj
NOTt: PARCEL MAP 15167 SUPERSEDES
SUBDIVISION MAP 10829
g
SHT 2
•
•
;, ~gP;':; ."
T'~4~'ttl~: ..,
TO;~~",
f -BO.LOWERROOF
I 13~1~6:"
--j [ L [ J[ lr l .. 0 '--j-h-; _~,
'\ EXISTING SOUTH ELEVATION
_..:;J"~_~.u-. !JC,.:._f' ~,,"'.~
,
';"';;"!,:,/,~.J; ec..u: ~ ~.-:;
;;~9P::::' ~
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T.O;~O: -'9
B O.LOWER ROOF
I;~"
T.O.~~~ ..
B.O.TRE~ • ,,·elJ2" •
..
GENERAL NOTES
~ !L~ATlON$ c:ar-rt.. .... 1UTH THI!!: C.AlltL..fI&AD/-oflG:...i ~ANCf ~lOA.a.&
KEYNOTES
£J~fIlIO!It&.:.LDlNCi~~""'~.
(E)VCI"El"IO"It~OOO~ICi4-IT.n"
iW !XTE:"1O!t: .flt.,~ACI! I"".aN""!::> PO\l.N ~I-f""~ TO ~ ~ 5I!l\U!ENTJ.E""1It!LJ!o enrrI..CT\.JII'E.&EE~AL ~C.T'lOIIoIl.A..cur-""O"t.Ac:ornor..ALr.c·OftMA11ON
"",u.:ooDTIIII:!LU6!HOf.~"IT&T1'UCn. .. !
TENTATIVE .. \AP NUMeER
5tT1: Pot.RK~O SUMMARY
TOTAL "AJtI(~Q IU!:QUIU!D -SHOPPING CENTER -OFFICE BUiLDING
TOTAL PAAK-.lG PAOW)EQ
-COIrotPACTCARS -STANDARD CAFtS
." " ""
'" 11. ."
NO CHANGE WI1li PROPOseO PlANS
OWHfR'S NAMI!:
08ERUN PARTNERS llC C/O AAZA PACifIC PROPERTIES INC 78311 UNIVERS1T'1' ",VENUE, SUITE '04
LAMESA CA91941 ATTENTlON MR STAN JOHNSON
DEVElOPf .... HAM!'
JONES LASAL:.E
CONTACT REYNAlDO OSEGUED" 2SI7S CA8RII.lO LANE VAlENCIA, C .. 91354
TEL {&el)297·t102
DellGNt:ftl NAMe: ARCHITECT V~QU£Z IAARS/-II'.tl ARCHITECTS CONTACT ROBERT BODENHAMER I
CYRUS c..'OWASJEE
13220 EVENIfIIG CREEK OR. Sil: '17
SAN DIEGO. CA 8212&--4103
TEL: {8531519-2290 FAX.{a58)Sl~2:2W3
II
\-... ~qt'[1 "'1'1:--11'11
OATE: JULY 1,;!OOI{CUP0&-1JI OCTOBER 21. 2008 {REsue"'ITTAl)
UBOC CARLSBAD
POINSETTIA
eONDITIOHAL USE PERMIT APPUCA TION
ern Of CARLSBAD
APPlICAtfT-
JONES LASAlLE CONTACT' REYNALOO OSEGUEDA 28'1' CASR'LlO LANE VALENCIA. CA 113$4 TEL {&e'1207·1102
REQUEST: CONDITIONAl USE PERMfT FOR THE FURPOSE OF ADDING A
QRIVE·UP An.t AND ORIVE-UP
TELLER TO THE EXISTING FACIlITY
AT 7180 AV£Nl.DA ENCINAS, BUILDINQ" WITHIN THE POINSEl11A VILLAGE SHOPPING CENTER
~EET ADORUS
7110 AVENlOA ENCINAS
CARlSBAD CA 92011 ASSf.S$OftS PARC!l NUMBO 2144301too
£XtST1NO lITE ACftEAOt:
lU6ACR£S
!XJST1oIG IUIUltNG T SOUA"! 'OOT ... GE
11,290 SQUARE FEET
4,661 SF WlrHtN BLOG'" FOR NEW fJ. AR£A ~ H!W Df'M: UP Te.lLf" MOe, 1.361 &OUAAE FEET AFFECTEDARfA (640 SF FOR ORNE UP)
CURRElrfTlOfojE ,,,,,,cae
IUII$TINQ ZOHfNO
C-I. UISTING CONST1tUCflOH:
TYPE V 8 (FUllY SPRINKLfRED)
BIJI..DWG CODe USED
2007Cec OCCUPANCY BUSINESS GROUP B (BANI() GENERAL PL.AH LAND use: DESIGNATION lOCAl COf"MER.CIA~ fXts-rWGlANOU$f:
COMMERCIAl,.
PROPOSED LAND use
COMMERCiAl
SHflfTrtLI!: ElEVATIOH6
A-CUP.6
PROPOSFD I.P.ASE SPACE ( .,6()1 S.F.) UNDER SEPARATE PERMIT
RFLOCAlT..DQUEEN PAL\lS(TYPICAL I OF .. )
EXJSTrN(i LANDSCAPE TO ROIAIN -----~-----L-::=tOORIVFVPTEUER"REA APPROX 1,liI6S.F
EXISTING LANDSCAPE TO REMAIN
/
PLANT LEGEND
5'MlO!.S OOT AHlC.M. NA.'6
~ ""'"5,
~ """IE SIZE C!/AATIT'f
W' 5'( A6R!JS ROMANZOFf'I/I>LIo!
"",,",,5,
Ql..EfN °~H 16' B.T.H AVER. 4 12')5')&' ,,"' _ Tl'LM<
-14< STRaITZIA RE6INAE SIRD Of c,.6,.."-A.Pi;e 5 ~A!..
e fW'HIOLEPIS INDICA 'SI'RIIISTI"lE' INDt' HMTl<O'<.~ 5 "A!.. :lO
(t CARISSA K"GROGAAf'A 'llOX1'IOOD 6E.'I.I1"" NATA!. PU.M S6AL 2e ? A ~VlOLAGEI\ 5OG'ffl6'<R1.IC IliA!.. 24 ~9 .;' -.' Vi~
D15TIGT15 EllGGtNATORr'" 6lOOO REV ~ '/r.IE ~ 6AL
~ EX5TiH<> LA~AOf' TO IID'AIN ~"'R.T IN "CAGE)
f LANDSCAPE CONCEPT PLAN '-1
.. c.?-tc.....u. !. ~
TEHTATtYE MAP NUMBER
$Ir£ PARKINO SUMMARY
TOTAl. ..... RK .... a REOUREO
-SHOPPING CENTER 847
-oFFICE BUILDING AS '32
TOTAL .. AItKING Il'AOYlD!.O
-COMPACT CARS 2'" ·STANDARD CARS 718 '32
NO CH.&.NGE WITH PROPOSED PlANS
OWNER" HAMI!; OBERLIN PARTNERS LLC C.I() ANZ.A PIoCIFIC PROPERTIES INC. 1'8JIil UNf\lEftSITY AVENUE, SUITE I(W
LA MESA, CA 9'~1
ATTENTION. MR. STAN JOHNSON
OEVELOPER"$ NAME:
JONES LASALLE CONTACT REYNALDO OSEGUEOA.
28111 CA6RIUO LAHE VAlENCIA. CA 1113!14 TEL (6811297-1102
MSIGNERS NAMf: ARCHrTECT VASOUEZ MARSHALl ARCHITECTS CONTACT R06fRT BOOENHAMERI CYRUS~ASJEE
1322t1EVENIHOCRfEKDR STEll7
SAN OIEGO, CA 92'12&-<'10]
TEL (858) 51i·2290 FAX (85S)!I1t-22Dfi
II
V,~qUlI \IAR"lAII I
CONSULTANT. NAME: DE ALCALA STUDIO
SCOTT SEEVERS, ASLA
3645 CMUNO DEL RIO SOUTH SUfTe 0
SAN OIEoo, CA 92108 Phone (619)584-4249 Felt (61g) ~2OM EMAIL: deaicalHtuOIOGCCJ( nel CA. L.ANOSCAPE ARCHITECT Lc. 115234
DATE: JULY 1.200a (CUP 08-13) OCTOBER 21. 2008 (RESUBIroIITTAl)
UBOC CARLSBAD
POINSETTIA
CONDITIONAL use PERMIT ~UCATION
CITY OF CAALIBAD
APPUCANT: JONES LMAlLE
CONTACT REYNALOO OSEGUEOA
28178 CASRlll.O LANE
VAlENCIA. CA 91354
TEL. {8e11 2117·"02
REQUEST: CONDITIONAL use PERa.lIT FOR THE PURPOSE OF AOONG A ORIVE..uP ATIroI AND DRIVE-UP TELl,ER TO THE EXISTING fACIUTY AT 711!10AIJENtOA ENCINAS. SUILOING T WITHIN THE
POINSETTIA 'IlLlAGE SHOPPING
CENTER.
5TREfl A~!SS 711!1O AVENI(M EHCjNAS
CARLS&AO. CA 92011 A5$!.a5ORS PARCel NUMf!lEA
21U301Q(lO
EJOSTlNQ .. n. ACREAGE 1996ACRES EXIInNO 8L1L.OtNG T SQUARe FooTAGI! t 1 290 SQUARE FEET .. 661 SFWlTHlHBLOG TFORNEWTI AR!A OF NEW DftM UP Tf:LUR MOD. 1361 SOLiARE FEET AFFECTED AREA
(640 SF FOR DRIVE UP)
CURRENT ZONE
2007 eBe
f.XlSTIHG ZONING Co< UJSTWotO COfoIITRUCTM)H:
TYPE V B (fULLY SPRINKLERED) BtJtlIMNG COOl! USED 2007 esc
OCCUPANCY
BUSINESS GROUP B (BANK) GENERAL Pl.AH LAND USE oe:StGNATIOH
lOCAL COMt.!EACIAL.
fJelSTlNG LAHO Ute COfo.lIolERCw.. PROf'OSI!O UNO USE """",.cw.
IHf"!!'T TrTLI!: LAlC)SCAPI! CONCEPT PlJ.N
L.CUP.4
r-
I
.... ,
0'_
o
-1",,:
0,_,: l',_
-.:j'..: o ~I t o·
o F: .~
o ., o ;)
o ,; .... ~ o· :'::'.
0", _"
\j.J SCA&.E:" -trI-4'
f7\ ENLARGED SITE PLAN
IE !Xl'" !;r 4}
GENERAL NOTES
1. REFER TO CIRCULATION PLAN A-CUP B FOR DRIVE
THROUGH 1ELLER TRAFFIC PATTERN AND SIGNAGE
1
2
3
4
KEYNOTES
(N) BOLLARD, TYP.
(N) DRIVE UP TELLER MACHINE \\ITH OVERHEAD TUBES P£'R MANUFACTURER
(N) CONC. BASE FOR WOOD TREWS COLUMNS
(E) FIRE HYDRANT
~ ~
[Z] ..
LEGEND
EXISTING LANDSCAPING
NEW LANDSCAPING. APPROXIMA1E AREA ADDED 220 SQUARE FEET. SEE LANDSCAPE
DRAWINGS FOR ADDITIONAL INFORMATION .
DIAGRAMMATIC FIRE LANE TRAFFIC FLOW
DIRECTIONAL ARROW
ACCESSIBLE PATH OF TRAVEL TO
PROPOSED LEASE SPACE
II PROPOSED AREA OF WORK
RECEIVED
MAR 102009
CITY OF CARLSBAD
PLANNING DEPT
TENTATIVE MAP NUMBER
SITE PARKING SUMIIARY
TOTAL PARKING REQIJRED
-sHOI'PING CENTER
-oFACE BUILDING
TOTAL PARKING PROVIDED
-CONPACT CARS
-sTANDARD CARS
8-47 85
932
21-4
718
932
NO CHANGE WITH PROPOSED PlANS
OWNER'S HArlE:
OBERLlN PARTNERS,ll.C
C/O ANZA PAClAC PROPERTIES,INC.
7839 UNIVERSITY AVENUE, SUITE 1Q.4
LAMESA, CA91941
AlTENTlON: MR. STAN JOHNSON
DEVELOPER'S NAME:
JONESlASAll.E
CONTACT: REYNALDO OSEGUEDA
28178 CABRILlO lANE
VAlENCIA,CA91354
1El: (661)297-1102
DESIGNERS HAlE:
SIUDIOIC
archit:ec'tUre and planning
_a.-ICT L_"_~c-.-.-u< ..... __ .. -,,-,-
CONSULTANTS NAME:
DATE:
JULY 1,2006 (CUP 08-13)
OCTOBER 21, 2006 (RESUBMITTAl)
MARCH 10, 2009 (CUP CHANGE)
UBOC CARLSBAD
POINSETTIA
CONDITIONAL USE PERMIT APPI.JCATION
CI1Y OF CARLSBAD
APPLICANT:
JONES LASAllE
CONTACT: REYNAlOO OSEGUEDA
28178 CABRlll.O lANE
VAlENCIA, CA 91354
1El: (661)297-1102
REQUEST:
COND~USEPERMrrFOR
THE PURPOSE OF ADDING A
DRlVE-UP ATN AND DRIVE-lJP
TEllER TO THE EXISTING FACILITY
AT 7180 AVENJDA ENCINAS,
BUILDING 'I' WlTHINTHE
POINSETTIA VIllAGE SHOPPING
CENTER.
STREET ADDRESS
7180 AVENIDA ENCINAS
CARLSBAD, CA 92011
ASSESSORS PARCEL NUMBER
21«301900
EXISTING SITE ACREAGE
19.96 ACRES
EXISTING BUIlDING T SQUARE FOOTAGE
11,290 SQUARE FEET
-4,661 SF WITHIN BLDG ... FOR NEWT.1.
AREA OF NEWDRIIIE UP TEllER MOD.
1,361 SQUARE FEET AFFECTED AREA
(640 SF FOR DRIVE UP)
CURRENT ZONE
2IlO7CBC
EXISTING ZOHIiJG ~
EXISTWIG CONSlRUCTION: "TYPE V B (FUlLY SPRlNKlERED)
BUa.DING CODE USED
2IlO7CBC
OCCUPANCY
BUSINESS GROUPB (BANK)
GENERAL P1AII LAND USE DESIGNATION
LOCAL c:ow.tERCW.
EXIS1WIQ I.Mm UIE
PRDPOIIED ........ CClUMEfICIIIL ... n I.Mm UIE
CClI&tERCW.
SlEET 11T1.E: EIILMGED 1m! PLAN
A-CUP1
CD ~~~Pl~2"S:l~o"SECTION AT DRIVE-UP TRELLIS
y
i i
EXIST.
BLDG
r
'Jl ~
~
'"
o
10
r,-----------l
1
2
3
4
5
6
7
8
9
10
KEYNOTES
(N) DRIVE UP TELLER MACHINE
(N) CONC. BOLLARD, TVP.
(N) WOOD TRELLIS I'.lTH PRECAST CONCRETE
COLUMNS (INDEPENDENT STRUCTURE)
(E) BUILDING
(N) 3"XI0" HOLLOW METAL TUBE STEEL BEAM, PAINTED TO MATCH NEW WOOD TREWS
(N) LANDSCAPING. SEE LANDSCAPING DRAWINGS FOR AdDITIONAL INFORMA nON
RELOCA TED LANDSCAPING. SEE LANDSCAPING DRAWINGS FOR ADDITIONAL INFORMA nON
(N) EXTERIOR SURFACE MOUNTED DOI'olN LIGHTS TO BE HIDDEN BETWlEEN THE TRELLIS STRUCTURE. SEE DETAIL
SEcnON I!A-CUP.6 FOR ADDInONAL INFORMAnON
TELLER TUBE BEHIND TRELLIS JOISTS
(N) DRIVE UP MAX CLEARANCE SIGNAGE PER DETAIL ~!A-CUP.9
Q)
!
--'1'\1"".-----L ____________ J
~
9 ij,
9 ~
'l' !!
EXIST. BLDG
I N.l ._." l I r
~ '1 'I
CD ~~Pl~S:l~SECTION AT DRIVE·UP TRELLIS WITH LANDSCAPING
TENTATIVE MAP NUMBER
SITE PARKING SUMMARY
TOTAL PARKING REQUIRED
-SHOPPING CENTER 847
-OFFICE BUILDING 85
932
TOTAL PARKING PROVIDED
-COMPACT CARS 214
-STANDARO CARS 718
932
NO CHANGE WITH PROPOSED PLANS
OWNER'S NAME:
OBERLIN PARTNERS, LLC
C/O ANZA PACIFIC PROPERTIES, INC.
7839 UNIVERSITY AVENUE, SUITE 104
LA MESA, CA 91941
ATTENTION: MR. STAN JOHNSON
DEVELOPER'S NAME:
JONES LASALLE
CONTACT: REYNALDO OSEGUEDA
28178 CABRILLO LANE
VALENCIA, CA 91354
TEL: (661)297-1102
DESIGNERS NAME:
SIUDIO IC
arch itecture and pla nning
CONSULTANTS NAME:
DATE:
JULY I , 2008 (CUP 08-13)
OCTOBER 21, 2008 (RESUBMITTAL)
UBOC CARLSBAD
POINSETTIA
CONDmONAL USE PERMIT APPUCATION
CITY OF CARLSBAD
APPUCANT:
JONES LASALLE
CONTACT: REYNALDO OSEGUEDA
28178 CABRILLO LANE
VALENCIA, CA 91354
TEL: (661) 297-1102
REQUEST:
CONDITIONAL USE PERMIT FOR
THE PURPOSE OF ADDING A
DRIVE-UP ATM AND DRIVE-UP
TELLER TO THE EXISTING FACILITY
AT 7180 AVENIDA ENCINAS,
BUILDING 'I' WITHIN THE
POINSETTIA VILLAGE SHOPPING
CENTER.
STREET ADDRESS
7180 AVENIDA ENCINAS
CARLSBAD, CA 92011
ASSESSORS PARCEL NUMBER
2144301900
EXISTING SITE ACREAGE
19.96 ACRES
EXISTING BUILDING 'r SQUARE FOOTAGE
II, 290 SQUARE FEET
4,661 SF WITHIN BLDG "I" FOR NEW T.I.
AREA OF NEW DRIVE UP TELLER MOD.
1,361 SQUARE FEET AFFECTED AREA
(640 SF FOR DRIVE UP)
CURRENT ZONE
2oo7CBC
EXISTING ZONING
C4.
EXISTING CONSTRUCTION:
TYPE V B (FULLY SPRINKLERED)
BUILDING CODE USED
2007CBC
OCCUPANCY
BUSINESS GROUP B (BANK)
GENERAL PLAN LAND USE DESIGNATION
LOCAL COMMERCIAL
EXISTING LAND USE
COMMERCIAL
PROPOSED LAND USE
COMMERCIAL
SHEET TITLE: SECTIONS
A-CUP2
r I
t
GENERAL NOTES
1, BLDG ELEVATIONS COMPLY WllH lHE CARLSBAD HEIGHT
ORDINANCE 21.04.065
KEYNOTES
3~'~':9~ ~ ~ (E) EXTERIOR BUILDING LIGHTING, TYP.
(E) EXTERIOR FLOOD lIGH T, TVP.
T.9;,~~L~/~~ ~
D B.O. LOWER ROOF
t
ED ;~~TING SOUTH ELEVATION
T.O. PEAK 1'\ 30'=99132',",
ED ~~P~~:~;OUTH ELEVATION
3 (N) EXTERIOR SURFACE MOUNTED DOWN LIGHTS TO BE
HIDDEN BETWEEN THE TRELLIS STRUCTURE. SEE DETAIL SECnON I/A-CUP.6 FOR ADDI110NAL INFORMAnON
(N) WOOD TRELLIS INDEPENDENT STRUCTURE
TENTATIVE MAP NUMBER
SITE PARKING SUMMARY
TOTAL PARKING REQUIRED
-SHOPPING CENTER
-OFFICE BUILDING
TOTAL PARKING PROVIDED
-COMPACT CARS
-STANDARD CARS
847
~ 932
214
718
932
NO CHANGE WITH PROPOSED PLANS
OWNER'S NAME:
OBERLIN PARTNERS, LLC
C/O ANZA PACIFIC PROPERTIES, INC.
7839 UNIVERSITY AVENUE, SUITE 104
LA MESA, CA 91941
ATTENTION: MR. STAN JOHNSON
DEVELOPER'S NAME:
JONES LASALLE
CONTACT: REYNALOO OSEGUEDA
28178 CABRILLO LANE
VALENCIA, CA 91354
TEL: (681) 297-1 102
DESIGNERS NAME:
SIUDIO IC
architecture and planning
".~CT.L __ "'"",",~.'21I11111 __ "''''' __
CONSULTANTS NAME:
DATE:
JULY 1,2008 (CUP 08-13)
OCTOBER 21, 2008 (RESUBMITTAL)
UBOC CARLSBAD
'POINSETTIA
CONDmONAl USE PERMIT APPLICATION
CITY OF CARLSBAD
APPLICANT:
JONES LASALLE
CONTACT: REYNALDO OSEGUEDA
26176 CABRlLLO LANE
VALENCIA, CA 91354
TEL: (661) 297-1102
REQUEST:
CONDmONAL USE PERMIT FOR
THE PURPOSE OF ADDING A
DRIVE-UP ATM AND DRIVE-UP
TELLER TO THE EXISTING FACILITY
AT7180AVENIDA ENCINAS,
BUILDING 'I' WITHIN THE
POINSETTIA VILLAGE SHOPPING
STREET ADDRESS
7180 AVENIDA ENCINAS
CARLSBAD, CA 92011
ASSESSORS PARCEL NUMBER
2144301900
EXISTING SITE ACREAGE
19.96 ACRES
EXISTING BUILDING 'I' SQUARE FOOTAGE
11, 290 SQUARE FEET
4,661 SF WITHIN BLDG "I" FOR NEW T.!.
AREA OF NEW DRIVE UP TELLER MOD.
1,361 SQUARE FEET AFFECTED AREA
(640 SF FOR DRIVE UP)
CURRENT ZONE
2007 CBC
EXISTING ZONING
C-L
EXISTING CONSTRUCl1ON:
TYPE V B (FULLY SPRINKLERED)
BUILDING CODE USED
2007 CBC
OCCUPANCY
BUSINESS GROUP B (BANK)
GENERAL PLAN LAND USE DESIGNAl10N
LOCAL COMMERCIAL
EXISTING LAND USE
COMMERCIAL
PROPOSED LAND USE
A-CUP3