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Home My WebLink AboutCUP 12-08; Palomar Place Retail Center; Site Development Plan (SDP)August 3, 2012 Shannon Werneke Associate Planner 1635 Faraday Avenue Carlsbad, CA 92008 RE: Palomar Place Retail Center Variance, V 12-01 and the Comprehensive Sign Program, PS 12-60 Dear Shannon, Pursuant to the City of Carlsbad Planning Department request, we hereby formally withdraw the applications noted above, and further request any unused portion of the application fees to be refunded to the party noted below. MERI Palomar Place, LLC (payee) c/o SKLZ 2081 Faraday Avenue Carlsbad, CA 92008 Attn.: Nick Foussianes Should you have any questions regarding the above or anything else pertaining to the project, please do not hesitate to phone or reply. Very best regards, Nick Foussianes cc: PP File Clint Fowler-Lusardi Jeff Causey-Studio IE MISSION EQUITIES R E A l E S T A T E, I N C. 12838 Stebick Court San Diego, California 92130 T 858 231 1691 www.missionequities.com ( ~ Request for Refund City of Carlsbad Account#: 001-3210-4815 (ITEM #300)(V 12-01) 001-3210-4819 (ITEM #330)(PS 12-60) Vendor#: $1990 (V 12-01) $ 7 42 (PS 12-60) Amount of Refund: $2732 Fee Paid For: ----=------~--- Date Fee Paid: 07/05/12 Fee Paid By: ----=....:..c:....::....::.'--'-=.. ___ _ MERI PALOMAR PLACE LLC Facts Supporting Request: PERMITS NO LONGER NECESSARY; APPLICANT REQUESTED WITHDRAWAL NAME OF APPLICANT: MERI PALOMAR PLACE LLC ATTN: NICK FOUSSIANES STREET ADDRESS: 2081 FARADAY AV CITY, STATE & ZIP: CARLSBAD CA 92008 DATE: DATE: 0{0/12-- '8/Cf/12 ~. City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 ll~l~lillll~l Dl~lll m1 mll~llllll Applicant: ZEPHYR PARTNERS Description Amount CD120009 663.00 2303 OCEAN ST CBAD Receipt Number: R0090615 Transaction ID: R0090615 Transaction Date: 08/03/2012 Pay Type Method Description Amount Payment Check 663.00 Transaction Amount: 663.00 .. City of Carlsbad Faraday Center Faraday Cashiering 001 1221601-1 08/03/2012 34 Fri, Aug 03, 2012 08:56AM Receipt Ref Nbr: R1221601-1/0014 PERMITS -PERMITS Tran Ref Nbr: 122160101 0014 0017 Trans/Rcpt#: R0090615 **************************************** * DUPLICATE COPY * * 08/03/2012 10:50:31 AM * **************************************** SET #: CD120009 Amount: Item Subtota 1: Item Total: ITEM(S) TOTAL: Check (Chk# 001384) Total Received: Have a nice day! 1 @ $663.00 $663.00 $663.00 $663.00 $663.00 $663.00 ·~ • e. (.• City of Carlsbad Faraday Center Faraday Cashiering 001 1218701-1 07/05/2012 98 Thu, Jul 05, 2012 09:43 AM Receipt Ref Nbr: R1218701-1/0006 PERMITS ~ PERMITS Tran Ref Nbr: 121870101 0006 0006 Trans/Rcpt#: R0090227 SET #: CDP12014 Amount: Item Subtotal: Item Tota 1: PERMITS -PERMITS 1@ $1,430.25 $1,430.25 $1,430.25 Tran Ref Nbr: 121870101 0006 0007 Trans/Rcpt#: R0090228 SET #: CUP12008 Amount: Item Subtota 1: Item Tot a 1: PERMITS -PERMITS 1 @ $3,155.25 $3,155.25 $3,155.25 Tran Ref Nbr: 121870101 0006 0008 Trans/Rcpt#: R0090229 SET #: SDP9005G Amount: Item Subtota 1 : Item Tot a 1: 1 @ $7,530.75 $7,530.75 $7,530.75 **************************************** * DUPLICATE COPY * * 08/02/2012 11:02:45 AM * **************************************** PERMITS -PERMITS Tran Ref Nbr: 121870101 0006 0009 Trans/Rcpt#: R0090230 """ SET #: V1200001 Amount: Item Subtota 1 : Item Tot a 1: 1 @ $2,653.00 $2,653.00 $2.653.00 I PERMITS -PERMITS Tran Ref Nbr: 121870101 0006 0010 Trans/Rcpt#: R0090231 SET #: PS120060 Amount: Item Subtotal: Item Tota 1: PERMITS -PERMITS 1 @ $990.00 $990.00 $990.00 Tran Ref Nbr: 121870101 0006 0011 Trans/Rcpt#: R0090232 SET #: PS99046A _ _Amount~--··----····------________ J __ @ _ _$596.00 ) I I r , ·~ .;.;l~ '" :.... -~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits 0 Administrative Permit ~:astal Development Permit(*) 0 Minor CQP(~'("" ~~onditional Use Permit (*) 0 Minor 0 Extension CVft"Z-Of) 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit (*) 0 Planned Development Permit 0Minor 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Amendment 0 Specific Plan 0 Amendment 0 Zone Change (*) 0 Zone Code Amendment List other applications not specified (FOR DEPT. USE ONLY) 0 Planning Commission Determination ~Site Development Plan N-/IJ)JJ>MeiJf - I 0 Special Use Permit ~-51"1\1 P~Hl/lfl1 SJ;AJ fiN;~ RmrND~N/f D (~sq;.) ~ D Pst~o;D ~~s~q~_A 0 Tentative Tract Map ~Variance 0 Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. AssEssoR PARCEL No(s).: c:< 11-t?4o -~ -t:Je:> PROJECT NAME: P/fk7"1ft12.. PU9r:::e /?.i?Jl/1?.. c:::t3f\J]Pp- BRIEF DESCRIPTION OF PROJECT: f2.ENCJVPJ:'N 4E £X/S'T7/Utd; f?T I e?SC!t/1?5 . ;R.E::;l!l?!!klfl.,£ A-1/ I? /1-0011@1( tPp .:& l~t'PP A/ £tv /<-IE.aJtL_ 5~ BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: BETWEEN P-1 (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF P.lfUJM#;t_., 41~ ,?11/J'P. (NAME OF STREET) PAS&J P~M..I!TE AND HIPt:>£1J v~ ~liP (NAME OF STREET) ~AME OF STREET) 0 /f~GA!AD/f-DiUVI!! · f}~\1'(}101., \ Paqe 1 of 5 Revised 07/10 . t ~ ~f<l • OWNER NAME (Print): ~~U!L.-APPLICANT N.A ~E (Print): /""11.,.1 JL .... ~~ ~ -.WA MAILING ADDRESS: t:_t!J.8/it Jf(i!i" ~Pss~ ~~ --r=:: _ 4 CITY, STATE. ZIP: CA-~ cA--p..e;;)}' TeLEPHONE: 358 -..:JcS-9h.6 '--BSK-.2.31.ft69t. EMAIL ADDRESS: eY.LSJ!t.~ ~/.t.i&mr;E . SS; N/.d.P(£M~Ei?Vl./16S. . ~Af I CERTI :THAT I AM THE LEGAL OWNER AND THAT All THE ABO~ I CERTIFY THAT I AM THE LfEGAL REPRESENTATIVE Of THE OWNER !~~ ... ~ON. IS TRUE ANO CORRECT TO THE BEST OF ttl ~L THE A80VE INFOR .... TlON 1$ TJ>UE AI<P COAAECT TO '{."1/T ~· · _ . TH EST OF MY I<NOWI.EDG£, ' i l ~ ~ . : f.e 2j l~ SIG~TU~E--· DATE \ ~TURE : OA i ~ APPL,ICA~.:.i ~liFRESEP•:W•+l~(Print): ... A'l~ ::)iW!6, ~~~Meti!S \t:j~t e~.A..Ac.G~~ MAILINGADDRESS: •/-!J. ~~ ::!~~~ ~· '2-o~ l ~0~ ,A_,.lcnl_/~ "':!!6i~ ;azn:c;; ~::=.§Pan~~ CJJ£ .. &l:~ai, CA ~2.oaS/ . CITY, ST~TE, ZIP: ' TELEPH<>;NE: ·I B_t_;g_ .. ;:1.?>_1 -lb"i/.. ; EMAIL ADDRESS: NiCk-P (!.. Mt5Sit>/J &4J~Il7~~ , eey ' ; I CERTIFY THAT I AM THE LEGAl. REPRESENTATIVE OF THE APPLICANT ANO THAT At..l. 'rHE ABOVE INFORMATION IS TRUE AND : CORREpT TO THE BEST OF MY KNOWLEDGE. ' SIGNATU"f(E-· OATe ' ; IN Tl-15 P-ROCESS OF REVIEWING THIS APPLICATION IT MAY· BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT ANO ENTER THE PROPERTY THAT 1.$· THE SUBJECT OF THIS APPLICATION. IIWE CONSeNT TO ENTRY FOR THIS PURPOSE. . . F .RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE; OF ·RESTRICTION BEING D· ON THE TITle TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT_ NOTICE OF RESTRICTIONS RUN WITH LV" ... ..-. .......... • AND BIND ANY SUCCESSORS IN INTEREST,. . . NATURE FOR CITY USE ONLY P-1 Paae2 of6 RECEIV JUL 0 3 20\2 CITY OF CARLSBAD PLANNIN.G DIVISION DATE STAMP APPLICATION REC~IVED RECEIVED BY: Revised 07/10 J r-"( City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111~ 11~1~ liM 11!1111111111111111111 Applicant: MERI PALOMAR PLACE LLC Description Amount CDP12014 1,430.25 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0090227 Transaction ID: R0090227 Transaction Date: 07/03/2012 Pay Type Method Description Amount Payment Check 1,430.25 Transaction Amount: 1,430.25 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1111111 ia 111111111 m111 m1111111111 Applicant: MERI PALOMAR PLACE LLC Description Amount CUP12008 3,155.25 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0090228 Transaction ID: R0090228 Transaction Date: 07/03/2012 Pay Type Method Description Amount Payment Check 3,155.25 Transaction Amount: 3,155.25 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111 IIIIIIIIIIIIIM 11111111111~ 1111 Applicant: MERI PALOMAR PLACE LLC Description Amount SDP9005G 7,530.75 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0090229 Transaction ID: R0090229 Transaction Date: 07/03/2012 Pay Type Method Description Amount Payment Check 7,530.75 Transaction Amount: 7,530.75 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 IIIII II~ Ill~ 11m llilllllllllllllll ~I Applicant: MERI PALOMAR PLACE LLC Description Amount V1200001 2,653.00 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0090230 Transaction ID: R0090230 Transaction Date: 07/03/2012 Pay Type Method Description Amount Payment Check 2,653.00 Transaction Amount: 2,653.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 II~IUIIIII~I~IIIIIIIIIIm Applicant: MERI PALOMAR PLACE LLC Description Amount PS120060 990.00 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0090231 Transaction ID: R0090231 Transaction Date: 07/03/2012 Pay Type Method Description Amount Payment Check 990.00 Transaction Amount: 990.00 • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111 !IIIIIIIIIN IIIII m1111111111111 Applicant: MERI PALOMAR PLACE LLC Description Amount PS99046A 596.00 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0090232 Transaction ID: R0090232 Transaction Date: 07/03/2012 Pay Type Method Description Amount Payment Check 596.00 Transaction Amount: 596.00 'I City of Ca r·l sbad Fara•iay Center Farada~' C<!shiering 001 12HJI!. 07/05/2012 98 Thu 0.5, 2012 09:43 M1 Receipt Ref Nbr: R1218701-1/0006 PERMITS -PERMITS Tran Ref Nbr: 121870101 0006 0006 Trans/Rcpt#: R0090227 SET #: CDP12014 Amount: Item Subtota 1 : Item Tot a 1: PERMITS -PERMITS 1 @ $1,430.25 $1,430.25 $1,430.25 Tran Ref Nbr: 121870101 0006 0007 Trans/Rcpt#: R0090228 SET #: CUP12008 Amount: Item Subtota 1 : Item Tot a 1: PERMITS -PERMITS 1@ $3,155.25 $3,155.25 $3,155.25 Tran Ref Nbr: 121870101 0006 0008 Trans/Rcpt#: R0090229 SET #: SDP9005G Amount: Item Subtota 1 : Item Tot a 1: PERMITS -PERMITS 1 @ $'{' 530 '15 $7,530.75 $7,530.75 Tran Ref Nbr: 121870101 0006 0009 Trans/Rcpt#: R0090230 SET #: V1200001 Amount: Item Subtota 1 : Item Tot a 1: PERMITS -PERMITS 1 @ $2,653.00 $2,653.00 $2,653.00 Tran Ref Nbr: 121870101 0006 0010 Trans/Rcpt#: R0090231 SET #: PS120060 Amount: Item Subtota 1 : Item Total: PERMITS -PERMITS 1 @ $9r30.00 $990.00 $990.00 Tran Ref Nbr: 121870101 0006 0011 Trans/Rcpt#: R0090232 SET #: PS99046A Amount: Item Subtota 1 : Item Tot a 1: 6 ITEM(S) TOTAL: 1 @ $596.00 $596.00 $596.00 $16.355.25 Check (Chk# 0000004732) $15,000.00 Credit Card (Auth# 00585B) $1,355.25 Total Received: $16,355.25 Have a nice day! **************CUSTOMER COPY************* • " s~,-·te of California • 1 .. ~-•" .. " .. . . ~ -~ . ~ . -Secretary of State ~ STATEMENT OF INFORMATION ~ (Limited Liability Company) ~ Filing Fee $20.00. If amendment, see instructions. IMPORTANT-READ INSTRUCTIONS BEFORE COMPLETING THIS FORM ENDORSED· FILED 1 LIMITED LIABILITY COMPANY NAME (Pieaw oo not alter if name Is prepnnted.) In the office of the Secretary of Stat<; 200025110022 of the Slate of California OSCAR'S CARLSBAD LLC 12400 HIGH BLUFF DR STE 650 OCT 1 6 2008 SAN DIEGO CA 92130 This Space For Filing Use Only DUE DATE: 09/30/2008 FILE NUMBER AND STATE OR PLACE OF ORGANIZATION --~--------·-----·--"' ·------· --·-- 2 SECFlETARY OF STATE FILE NUMBER 3 STATE OR PLACE OF OHGANIZATION ' 200025110022 CA NO CHANGE STATEMENT :----------------------------------------........ ,l'gJ If there has been no change in any of the information contained in the last Statement of Information filed with the Secretary of State, check the box and proceed to Item 13. If there have been any changes to the information contained in the last Statement of Information filed, or no Statement of Information has been previously filed, this form must be completed in its entirety. COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.) r· ----- 4 STREET ADDRESS OF PRINCIPAL EXECUTNE OFFICE CITY AND STATE ZIP CODE ·-·----~·--·····--·----·~------··-··--····---~----.. ·~-----------------······----·---- 5 CALIFORNIA OFFICE WHERE RECORDS ARE MAINTAINED (DOMESTIC ONLYI CITY STATE ZIP CODE CA NAME AND COMPLETE ADDRESS OF THE CHIEF EXECUTIVE OFFICER, IF ANY -.-••••------··~------·~••n-o~-------·~~-----------··--·------~----·--·-------- 6. NAME ADDRESS CITY AND STATE ZIP CODE NAME AND COMPLETE ADDRESS OF ANY MANAGER OR MANAGERS, OR IF NONE HAVE BEEN APPOINTED OR ELECTED, .. PROVIDE THE NAME AND ADDRESS OF EACH ~-I;_~BER (A.!!_~_!l additional pages. if necessary.) ----------~ 7 NAME ADDRESS CITY AND STATE ZIP CODE ·-------.. ·-·-· ----·· ····---------------------------------------·--·----- B. NAME ADDRESS CITY AND STAlE Zlf'CODE >-----·----------·-------·--·-------------------·-· --------------·-------------------------- 9. NAME ADDRESS CITY AND STATE ZIP CODE AGENT FOR SERVICE OF PROCESS (If the agent is an individual, the agent must reside in California and Item 11 must be completed with a California address. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 11 must be left blank.) ··~--~" ----------·---10. NAME OF AGENT FOR SERVICE OF PROCESS -·-···------~----~~~-·---·-·--····----~ ........ -----------·-··--------------------------------~---------------------------......-------------··-------------- 11 AODHESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE CA TYPE OF BUSINESS -----------------------------·--·-···----~-----~~--~--------·--------~~-~----·---·····-----~----·-··-------..-----.. ..... ----------------------12. DESCRIBE THE TYPE OF BUSINESS OF THE LIMITED LIABILITY COMPANY L 13 THE INFORM,A TION CONTAINED HEREIN IS TRUE AND CORREC~ \__)c;;bq SoF\<-.:)0\()J') . -·----~ ~---.,~ ' iV\oaoi® ~M-lli «' o-e c _____ ---TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM ~ SIGNATURE LE DATE LLC-12R (REV 07/:IOOG) l APPROVED BY SECRETARY OF STATE 002246 Cf\RLSBI\ DISCLOSURE STATEMENT P-1(A) Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate. trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. c 0 --5' 1. A... APPLICANT"'(Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 1 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A l sC~rate page may be a~ached if necessary J .~ "\ .J. 1 ·;>·-\~) (' ~ -fler$Gflh-i:..l"!.-! eln.•:f!:VlRfL., ,;.; J LLC. (~~~ptPart c, l~t:l w'-loclc... Ct:~r-el#f'lf;"t,:tJt\1 • l t IJ J. f c_,:->f.,'Tn \\5'-0'"l·;1J._.:::Q. Title ~'-' l<"_t~ ""· <•'itt' "• :it IIJ· r-<) · tvlt.-1 ((:lJr¥~-Title L ~.,M l>< M'" M ....... ~ ' l. •',S\ l'fll PI " ·~ l) K. l> ' <: I Address C'i\H ... .;e.;::'~ <A •\:1 ...-·c·<;s Address Cf'h. Lttt:. < ...,.., ) I :::rr;$~~ ,r.J. 9 e't!J~ '1 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of Abb persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names. titles. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ~on~>.!-<•.,l 4 1 &L •. :.it\. JA 1 , lA C ·· (Co;plPart GJ!'/c, ,v~k_ ~ .J~ ~,.J,,,.; T · 614•'1'"1"7••/•lr .1_ Title· ';,}-,,1 ,) . ;· v:>·, . c·": ,"\~ hY'd) t...' -Title /1-SSi'i ~ ,.:n· >t:.<! r-t!!.. ~ ,!:!l J.<-:£'if. f>cl'«<,. f'lft:ill'/' Address :·'\.) ~~'·-.. .. b ...... , ·s·::::) Address 'ff? '""'*< )> r-c'v<.. (>.::·\·:)~).~r,j \. ... A· '-t-;i -..I'(·., .::Cs>~~~ .. ~ !£'12-9tf'"t?2-T-' ,, '"-/' v ,__ .... ··· 'I 1-.J • .•. ) . II ,. ,-:) ., ' . . I ·:> \ " . ' ( _ . .. . ·._,~_\,I. ·'\"' i \; 1\ , . .:( <" ("';:: t.... ... .. >·:.. •'-... _,. 1, r '' C '-"{ / 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of AMY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiUTrust. _______ _ Non ProfiUTrust _________ _ Title. ___________ _ Title. _____________ _ Address. __________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Oves rZJ No If yes. please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Print or type name of owner "--·~ . ,, f "":~'\.~ ·f:l " ""/·'?-·---.-·--------~ .. ---------.... _· -~-·· Sighaty)e of :;!M·Aertapplicant's a~eAt if 6J3f>lieablefdate ".:.. .. ' "' c.c-.... J ... f .. I c... 1.-1"'1.·'·1 ~ 'j fr..). ,.,.:.· 't A·f::·l·iS -/l 't::~ \I "JJ;.h.i!---.... Print or type name of ewAerfapplicant'~t. (\~ ? .) September 14, 2012 [Sent Via Email PDF] MERI Palomar Place LLC Attn: Mr. Nick Foussianes, Principal Mission Equities Real Estate, Inc. 2081 Faraday A venue Carlsbad, CA 92008 RE: #462 Carlsbad Costco Wholesale Warehouse, 951 Palomar Airport Rd, CA 92009 Palomar Place Development, 965 Palomar Airport Rd., CA 92009 MONUMENT SIGNAGE Dear Mr Foussianes, .... ~ .. •: Per recent conversations you have had with Bob Rivet of our staff, Costco Wholesale Corporation ("Costco") hereby issues this statement of purpose which addresses the MERI Palomar Place, LLC ("Palomar") proposal to retrofit Costco's two existing monument signs located on Costco property, i.e., at the comer of Palomar Airport Road/Armada Drive and at the west entryway ofCostco's property. Though Costco and Palomar need to discuss and memorialize details related to the design, maintenance, etc of the signs into the future, Costco generally supports the design as shown on the attached signage sketches prepared by J. Bowen Causey Studio. Sincerely, Costco Wholesale Corporation ~.~~., (0) 425-313-6178 (f) 425-427-3004 999 Lake Drive • Issaquah, WA 98027 • 425/313-8100 • www.castco.com lf£1'1 'l sount n£VAT!Ou (P~OPOSEO UNOER C U P.! ITEM ;J2 ENTRY MONUMENT ITEM 114 WALL ENTRY SIGN (REMOVED) ITEM " <':OJtNER MO~.tUMHH IT(H flil ll(M 116 CA'i STATIO" CANOPY I 0 / / l~f CfrlHot ·ff.l~l(l' SIG:., IT(M ·~ t'lRE CHH£~ CITY OF CARLSBAD Pllllllliag Commissfon --------.!:l1ti:~r;:;__.;:..;.~._ ------ C!seNo. --------------------------- ll.'hibit No. _......,c..c::.. __ 03te _ :: : .• ~-v ~:;.'1~ ·.~;~:...s ,..:..:...:~.~ ~ ~~, .. ;.~.-~ .~. "': v,' r:;:;. ... ~·>l.;c. ,, . .. ••• ' f':. . -~ ' · rVFf': •. :c::..~ : ... : : /:,t.~·~"lt.:. .Itt.'{; u•t:~h:.::. :(·'"'.' • P.ti:..-':',~.~f.·.: .. ·-<,·; ,:.· ... vt.\i.':itJ:u,r~ .:"' !..J. • .:..~.!.'J.J..: ,.,,,.i(/• .'1' .. ~J ~- --- -, , .. I ~:.·. ': COSTCO WHOLESALE CORPORATION ASSIST ANT SECRETARY'S CERTIFICATE I, Gail E. Tsuboi, Assistant Secretary of Costco Wholesale Corporation, a Washington corporation (the "Corporation"), hereby certify that the following resolutions were adopted by the Board of Directors ofthe Corporation on November 3, 2000: RESOLVED, that any one of the Chairman, the President, any Senior Vice President, the Secretary, the Treasurer, or any Assistant Secretary of the Corporation is hereby authorized to execute any and all documents regarding the acquisition, leasing, sale or development of real property, including, without limitation, the execution of purchase agreements, deeds, escrow instructions, leases, closing statements, easements, deeds of dedication, restrictive covenants and construction agreements. FURTHER RESOLVED, that all prior acts by such officers with regard to corporate banking matters, the acquisition, leasing, sale or development of real property, and any other such acts entered into are hereby ratified. ~t.~ ' G · E. Tsuboi Assistant Secretary or~~H 1995-0272061 28-~H-1995 03=02 PM · . ;'" CHICAGO TITLE CO. ?& ~ -~ . . ~-~~BY;. ·' ... Loif;. Miller OFFICIAL RECORDS _;.-----.., ... SAH DIEGO COUNTY RECORDER'S OfFICE ( . . WHEN RECORDED, MAIL TO: GREGORY S"ITH, COUNTY RECORDER -··~.'. I ,.l Lois Miller Price Enterprises, Inc. 4649 Morena Boulevard San Dlego, California 92117 ?zz??s--r.r Space Above For Recorder's Use Only '1492 RF, 22. oo· FEEs z AF: 35.00 nF= 1. oo _. :;:. -~ J :::: 7 COVENANTS. CONDITIONS AND. RESTRICTIONS AGREEMENT- (Carlsbad) This Covenants, Conditions and Restrictions Agreement (referred to as the ",Agreement") ~s made as of this ?9th day of August, 1994, by and between THE PRIC-E COMPANY, a California-corporation (referred to as 'iPrice'') an·d PRICE · ENTERPRISES, INC., a De_law9re corporation (referred to as "Realty"). sa.oo A. Price is the owner of that certain real property located in San Diego l'-County, California (referred to as the "Price Parcel") and more particularly described on Exhibit A attached hereto, and designated as such on the site plan attached hereto as , .- Exhibit C. · ... ··-., .. ,_ B. Realty is the owner of that certain real property located in San Diego ·. ·County, California (referred to as the "Realty Parcel") and more particularly described on Exhi_bit B attached hereto, and designated as such on the site plan attached here~o as Exhibit C. C. Price and Realty wish to establish certain reciprocal easements, covenants, and conditions with respect to their respective par-cels. · NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I . DEFINITIONS 1.01 Definitions."' A) "Shopping Center'' shall mean the property consisting of the Price Parcel and the Realty Parcel. REA04.AGRD6/12/95 4:01:ss pm 1 [.a . (.c;a -1 d93 B) \Wmmon Areas" shall mean the sud\ .ion of the fS'rice Parcel and Realty Parcel as determined by the owner of the respective parcels from time to time for the non-exclusive use by the tenants, subtenants, employees, concessionaires, . -licensees, customers, and business invitees of such parcel. C) "Floor Area" on a Parcel shall· mean the aggregate number of square feet of floor space, from time to time, of all floors in any structure, whether roofed or not, whether or not actually occupied, including basement space and subterranean areas, and balcony and mezzanine space'. measured from the exterior faces or the exterior lines of. the exterior walls (including basement walls). The term "Floor Area" shaH not include any of the following: 1) the upper levels of any multi-deck stock areas created for convenience to fncrease the usability of space for stock purposes; 2) areas whether physically separated or whether otherwise required by building codes which are used exclusively to house mechanical, electrical, telephone, telecommunications, and HVAC equipment, and other such building operating equipment; 3) all truck loading areas, truck tunnels and truck parking, turn around and dock areas and ramps; D) "Main Di-iveways" shall mean those driveway areas cross-hatched as such on Exhibit 0 attached hereto . . ~-... ...... •.' . J . . . E) "No Build Areas" shall mean those areas designated as such on · · · · ·'·, :·Exhibit 0 attached hereto. ~·· ; F) "Parking Areas" shall mean those areas within the Common Areas as may be established from time to time by the respective owners of the Price Parcel and Realty Parcel, to be used for the parking of automobiles a!ld other vehicles. -. .. G) "Person ... or .. '.'Persons" . shall mean ang includ~ .individuc:ds, partnerships, firms, associations, joint ventures, corporations, or any other form of business entity. H) "Permittees" shall mean the Parties, all tenants of the Shopping Center, and. their respective officers, directors, employees, agents, contractors, customers, visitors, invitees, licensees, ·tenants· and'concessionaires. · · · · · I) "Parcel(s)'~shall mean the Price Parcel and the Realty Parcel. J) "Parties" shall mean the parties to this instrument or successor fee owners of the Price Parcel and the Realty Parcels,-respectively. K) "Storm Water Retention Facility" shall mean those areas designated (,_ as such on Exhibit D, attached hereto. REA04.AGR06112195 4:01:ss pm 2 ( 1494 ARTfCLE fl EASEMENTS 2.01 Ingress and Egress. For the benefit of the Parties and their Permittees and subject to all of the terms and conditions hereof, the Parties hereby grant to each other over the Main Driveways and other Common Areas of the Price Parcel and the Rea,lty Parcel, non-exclusive reciprocal easements for pedestrian and vehicular ingress to and egress from all Parcels and to and from all str~ets and roads, public or private, abutting all Parcels, including, but not limited to, ingress and egress for delivery and service trucks and vehicles. 2.02 Parking. A) For the benefit of the Parties and their Permittees, the Pafiies hereby grant to each other non-exclusive reciprocal easements for parking and vehicular and , pedestrian use incidental thereto in the Parking Areas of the Price Parcel and the Realty . Parcel, while conducting business or in connection with t~e operation or patronage of the Shopping Center and the businesses operated therein. B) Parking on the Price Parcel and the Realty Parcel is only permitted by .Permittees while conducting business or in connection with the operation or patronage of-\ . the Shopping Center and the businesses operated therein. Each Party shall take whatever'·,-: ... ~ legal action may be reasonably necessary to prevent unauthorized parking on its Parcel.'·'··· .:"·: C) The Parking Areas may not be used for the sale of goods, storage, or any other use or activity which would temporarily or otherwise interfere with parking, ingress, · ·and egress in the Shopping Center, except that a Party may permit or conduct seasonal sales activities within the Parking Area on its Parcel, provided such activity does not unreasonably interfere with parking, ingress and egress within the Shopping Center. '' . . D) Each Party shall require employees of ten.ants or ocCupants of its Parce'l . . to park on such party's Parcel and not on the other Party's Parcel. E) The Parties shall satisfy all applicable governmental parking requirements ~pon their respective Parcels without taking into account the available parking on the other · Party's ·Parcel. Notwithstanding ·the foregoing, the Realty Parcel shall have the right to use sixteen (16) parking spaces on the Price Parcel, within the No Build Area, as shown on Exhibit D. 2.03 Unauthorized Use and Closyre of Common Areas .. A) Each Party shall have the right to eject or cause the ejection from the Common Area of its Parcel any person or persons not authorized or privileged to use the Common Area of such Parcel pursuant to this Agreement. REA04.AGR06/12195 4:01 :ss pm 3 ( ... • ,.. 14~~ B) Each . LY reserves the right to dose off the ~mmon Area of its Parcel for such reasonable period or periods of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing off any portion of the Common Area, such Party shall give ten (1 0) days prior written notice to the other Party of its intention to do so and shall coordinate such closing with the other Party so that no unreasonable interference with the operation of the Shopping Center shall occur. 2.04 Utilities. There are hereby established easements over, under, through, and across the Price Parcel and the Realty Parcel for water drainage systems, mains, sewers, water sprinkler system lines. telephone and electrical covduits or systems, gas mains, and any other public utilities as may be needed to service the Shopping Center; provided, however, that {a) no use of such easement shall be utilized or allowed in a manner which unreasonably burdens the affected Parcel, results in interference with the improvements thereon, inconveniences, unreasonably, the users or occupants thereof, or. adversely affects the fire insurance rate standard of the buifding on the affected Parcel; (b) no utilities facilities may be located under the buildings or other structural improvements of any Parcel except by the owner of such parcel. Each Party agrees to execute any and a·n documents which in the future may be reasonably requested by any provider of such · utilities, including, but not limited to, grants of easements. In the event of the undergrounding of any such utilities and the rep~ir and maintenance thereof, the surface of the easement shall be restored by the public utility to at least as good condition as existed before such undergrounding; and if such public utility fails to restore the same, · such restoration shall be performed by and at the expense of the Party for whose benefit ·the undergrounding was done; and (c) the location of new or existing easements may no(·:'··· be changed without the prior' written consent of the other party, which consent shall not be· . ,. .~:unreasonably withheld. 2.05 Storm Water Retention Facility. Price hereby grants to Realty a non- exclusive easement to permit surface water runoff from the Realty Parcel to flow into the Storm Water Retention Facilities, the collection and percolation of the surface water runoff therein, and the installation of such water drainage systems, culverts, drains and other . equipment necessary to the use and operation of the Storm Water Retentio!l Facility and . the right to enter upon the Price Parcel to perform repairs and maintenance to the Storm Water Retention Facility, in the event Price fails to maintain same as seHorth below. Price shall be responsible, at its·sole cost and expense, subject to reimbursement of Realty's pro-rata share of reasonable out of pocket costs and expense, for maintaining the Storm Water Retention Facility, in a neat and clean condition, including all landscape installation and. maintenance of any irrigation system' in connection with such lancfscaping, and for atl repairs, equipment installation and replacement, security systems and fences, if any, and governmental fees and charges. Each Party's pro-rata share shall be based on the Floor Area on each Parcel from time to time. REA04.AGR06/12/95 4:01:ss pm 4 • ARTICLE Jll· SHOPPING CENTER IMPROVEMENTS ( 3.01 No Build Area. No buildings or other structures may be built or maintained ( •..: in the No Build Area other than parking areas, driveways, lights, signs, landscaping, and other improvements normally found in a parking Jot. 3.02 Main Driveways and No Build Area. Neither Party may change the location · or configuration of the Main Driveways or No Build Areas without the prior written consent of the other Party, which consent shall not be unreaso11,.ably withheld. 3~03 Obstructions. No fence, division, partition, rail or obstruction of any type or .· kind shall ever be placed, kept, perrr'litted, or maintained between the "Parcels or between any su~sequent division thereof which would prevent vehicle or pedestrian access from one Parcel to the other. · 3.04 Site Plan Limitations. The Site Plans; attached hereto as Exhibit D are part of this Agreement solelito identify: the Price Parcel; the Realty Parcel, and the Mairl Driveways. Either Party may change at any time and from time to time the buildings and · · parking configuration on its Parcel subject to all the restrictions and limitations set forth in this Agreement. 3.05 Parking Ratjo. ; / J: A) There shall be maintained on the Price Parcel a minimum parking ratio;~1··1'~tt.tc' ,:_, )tfive (5) parking spaces for each one thousand (1 ,000) square feet of ~loor Area on such1~,p~'1 ~ .:_parcel. The sixteen (16) parking spaces provided to Realty per the terms of Section 2.0217~"¥-'' (E) shall not be used in the calculation of such parking ratio. · . B) There shall be maintained on of the Realty Parcel a minimum parking ratio of two point seven (2.7) parking spaces for each one thousand (1,000) square feet of F'loor Area on such Parcel. .. ARTICLE IV USE RESTRICTIONS . 4.01 Use in General. The Price Parcel and the Realty Parcel may be used for any laWful purpose, except as otherwise provided in .this Agreement. . 4.02 Restrictions. No portion of the Shopping Center may be used for a skating rink, auto show room, car wash, health spa/exercise facility, movie theater, adult stores (books, video's etc.), billiard parlor, body & fender shop, bowling alley, funeral parlor, massage parlor, off track betting parlor, video arcade/amusement gallery, "flea" market, "head" shop, or any (, industrial purposes. REA04.AGR06112195 4:01 :ss prn 5 ( .. ~ t 497 ARTICLEV MAINTENANCE OF IMPROVEMENTS 5.01 Maintenance of Buildings. Each party shall maintain, or cause to be maintained, the exterior of buildings from time to time located on such Party's Parcel, in good repair, clean condition, and free of trash and debris. 5.02 Maintenance of Common Areas. Each earty shall operate, manage, and maintain its own respective Parcel, inclusive of all buildings and the Common Areas thereon, or cause them to be operated, managed, and maintained in a state of good repair, free of trash arid debris and in a first-class Clean. and orderly condition. The duties of each Party with respect to the Common Areas on its Parcel shall include, without limitation, the following: A) maintenance, repair, and replacement of all paved surfaces, in a level, {J}t~~" · smooth, .. and evenly covered condition, with the type· of surfacing material· originally I ·--·1 ~ installed, or such substitute as shall in all respects be at least equal to such original{~'~ material in quality, use, appearance, and durability; 0~ 7 . B) maintencmce, repair, and replacement of all curbs, curb-cuts, gutters, ·walkways, planters, cart corrals, medians, and retaining walls; . ":;··. C) painting and striping of all Parking Areas; . D) maintenance, repair, and replacement of all directional signs, markers, lighting facilities, including the replacement of fixtures and bulbs; · · E) maintenance, repair, and replacement of any and all storm drains, storm water retention facilities, utility lines, water lines, sewers, and other utility systems; it being . understood that where repairs are necessary to .prevent disruption .of service to either Party, such repairs shall be undertaken immediately and without prior notice. If both Parcels are served by any of these utilities, the cost of such repair is to be shared by the Parties on a pro-rata basis determined ·by the amount of gross Floor Area on each respective Parcel; F) maintenance of all ianoscaped· areas and replacement' o(stirubberY,, plantings, and flowers; .. • ~ ·.1 5.03 Cost of Common Area Maintenance. All costs incurred in fulfilling the· obligations in Sections 5.01 and 5.02 shall be paid by the Party performing or causing the 1J lt.. work to be performed on their respective Parcels, unless one Party performs the Common Area maintenanc~ on behalf of the other with the consent of the other Party or pursuant REA04.AGR06/12195 4:01 :ss pm 6 · fa._ fA .1498 ·to Section 5.04 herein; in? .1ch case, said Party shall be reimbtw'~d by the other Party for its prorata share thereof or except in the case of utilities serving both Parcels as set forth in Section 5.02 herein. ( 5.04 Failure to Perform Maintenance. In the event either Party shall fail to repair ( or maintain the Common Area on its Parcel in accordance with Section 5.02 herein, then after thirty (30) days, written notice (which shall not be required in the event emergency repairs are necessary) the non-defaulting Party may perform, or cause to be performed, necessary maintenance and/or repair on the defaulting Party's Parcel and shall be reimbur~ed by the defaulting Party, for the expenses attributable to the defaulting Party's Parcel, within ten (1 0) days after invoice and proof of payp1ent have been presented to the defaulting Party. · ARTICLE VI GENERAL PROVISIONS 6.01 ·Realty Taxes and Assessments. Each Party shall pay, or cause to be paid by such Party's tenants prior to delinquency, all real estate taxes and assessments which may be levied, assessed, or charged by any public authority against such Party's Par<;;el, or any part thereof. In the event a Party shall deem any real estate tax or assessment (including the rate thereof_or the assessed valuation of the Property) to be excessive or illegal, said Party shall have the right. at its own cost and expense, to contest the same by·.·: .. appropriate proceedings, and nothing contained in this section shall require the owner to :_,< ,_;. :_ pay.any such re.al estate tax or assessment as long as (a) no other Party's Parcel would · ·· · • ··:·be immediately affected by such failure to pay (or bond); and (b) the amount or validity .:.thereof shall be contested in good faith. If the failure to pay (or bond} such tax would affect the other Party's Parcel, such other Party shall have the right to pay such tax and shall have security for repayment of such amount, plus attorneys' fees and costs, by way of a lien on the non-paying Party's Parcel for the amount so paid until reimbursed for such payment. Any such lien shall be subject to and junior to, and shall in no way impair or defeat the lien or charge of any bona fide mortgage or deed .of trtJst up_on the same at any , time given or made. Any lien may be enforced by judicial foreclosure or private power of sale which is hereby granted to the Party so secured. 6.02 Jndemnification. Each Party shall indemnify, defend, and save the other Party harmless from any and all demands, liability, damage, .expense, cause of action, suit, claims, and judgments, including reasonable attorneys' fees, arising from injury or .. · death to person or damage to property that occurs on (I) either the indemnifying Party's Parcel or (ii) the other Party's Pafcel and is occasioned wholly or in part by any act or omission by such indemnifying Party, its employees, agents, and contractors. 6.03 Mechanic's Liens. In the event any mechanic's liens are filed against the Parcel of a Party, such Party permitting or causing such lien to be filed hereby covenants either to pay the same and have it discharged of record, promptly, or to take such action as may be required to reasonably and legally object to such lien, or to have the lien REA04.AGR06/12195 4:01:ss pm 7 .. (& f'A 14::19 . : removed from such Pa'P.' and in all events agrees to have'~, lien discharged prior to the entry of judgment for foreclosure of such lien. If the failure to pay (or bond) such mechanic's lien would affect the other Party's Parcel, such other Party shall have the right to pay such mechanic's lien and shall have security for repayment of such amount, plus attorneys' fees and costs, by way of a lien on the non-paying Party's Parcel for the .amount so paid until reimbursed for such payment. Any such lien shall be subject to and junior to, and shall in no way impair or defeat the lien or charge of any bona fide mortgage or deed of trust upon the same at any time given or made. Any lien may be enforced by judicial foreclosure or private power of sale which is hereby granted to the Party so secured. ARTICLE VII MISCELLANEOUS . . 7.01 Notices. Any notice, payment, demand, offer or communication required or permitted to .be given by any provision of this Agreement shall be deemed to have been sufficiently given or served for all purposes if sent by registered or certified mail, postage · and charges prepaid,·orFederal Express, or similar overnight carrier addressed as follows:·· · · · To Realty: To Price: ... ~ ;· .. PRICE ENTERPRISES, INC. Attn.: General Counsel 4649 Morena Boulevard San Diego, California 92117 PRICEICOSTCO, INC. Attn.: General Counsel P.O. Box 97077 kirkland, Washington ·98083 Any such notice shall be deemed to be given on the date of delivery to the address set forth above as may be changed from time to time. . . . " -. ~ ~ . 7.02 Binding Effect. All of the limitations, covenants, conditions, easements, and restrictions contained herein shall attach to and run with the Price Parcel and the Realty Parcel, and shall benefit or be binding upon each successive owner of said Parcels, during its ownership, or any portion of the Shopping Center affected hereby and each person having any interest therein derived through any owner of the Property affected hereby. This Agreement shall apply to and bind the respective successors in interest thereof and . are imposed upon the Parcels as a mutual equitable servitude in favor of said Parcels and any portion thereof. In the event '6 Party shall convey a portion of or all of its Parcel to a new owner, such new owner shall be the Party having rights and obligations hereunder as to the Parcel or portion thereof conveyed, except for those obligations of the conveying Party which exist on the .date of such conveyance, which shall remain binding on the conveying Party until satisfied. The conveying Party shall be released from any future obligations with respect to the Parcel or portion thereof conveyed, from the date of SUGh I "· conveyance. REA04.AGR06/12/95 4:01 :ss pm 8 7.03 Duration.'-:ept as otherwise provided herein' .::h easement, c~v~nant, and restriction contained in this Agreement shall be in perpetuity. 7.04 Entire Agreement. This Agreement and the exhibits hereto contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof. Any prior correspondence, memoranda, or agreements are superseded in total by this agreement and exhibits hereto. The provisions of this agreement shall be construed as a whole according to their common meaning and not strictly for or against any Party. 7.05 Excuse for Non~Performance. Each Party_shall be excused from performing any obligation or undertaking provided in this Agreement, except any obligation to pay any sum of money under the applicable provisions hereof, in the event and so long as the . performance of any such obligation is prevented or delayed,·retarded, or hindered by act of God, fire, earthquake, floods, explosion, actions of the elements, war,. invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor; equipment, facilities, materials, or supplies in the ordinary course on the open market; failure of normal transportation strikes, lockouts, action of labor unions, condemnation, requisition; laws, orders of governmental or dvil or military· authorities; the inability to obtain· · governmental approvais or permits despite the exercise of due diligence and best efforts by a Party~ or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of such Party, other than the lack of or inability to obtain funds. 7.06 Waiver of Default. No waiver of any default by any Party to this Agreement.· . shall be implied from any omission by any other Party to take any action in respect of such· . .'· .. default if such default continues or is repeated. No express written waiver of any default. · ~ <shall affect any default or cover any period of time other than the default for the period of .. · time specified in such express waiver. One or more written waivers of any default in the ·performance of any term, provision, or covenant contained in this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision, or covenant, or any other term, provision, or covenant contained in this Agreement. The consent or approva1 by any Party to or of any act or request by any other Party requiring consent or approval shall not be deemed to waive or render unnec~ssary the consent of or approval of any subsequent similar acts or requests. The rights and remedies given to any Party by this Agreement shall be deemed to be cumulative and no one of such rights and remedie9 shall be excrusive of any of the others, or of any other right or remedy at law or in equity which any such Party might otherwise have by virtue of ac default under this Agreement, and the exercise of one such right or remedy by any such Party shall not impair such Party's standing to exercise any other right or remedy. 7.07 Estoppel Certificate."' Each Party hereby severally covenants that within ten (1 0) days of the written request of the other Party it will issue to such other Party Or'to any· prospective mortgage, tenant, or purchaser of such Party's Parcel or portion thereof an Estoppel Certificate stating: (a) whether the Party to whom the request has been directed knows of any defa~lt under this agreement and if there are known defaults specifying the REA04AGR06/12195 4:01:ss pm 9 ( •~ I ~'{A ·~nature thereof; (b) whet1!'. .o its knowledge this agreement ha~Jen as~.iQ,ned, modified, or amended in any way (and if it has, then stating the nature thereof); and {5;()41ether to the Party's knowledge this Agreement as of that date is in full force and effect. · 7.08 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Agreement shall entitle any Party to cancel, rescind, or otherwise terminate this Agreement, and such limitations shall not affect in any manner any other rights or remedies which the Parties may have by reason of any breach of this Agreement. 7..09 Legal Action. If any of the Parties breaches any provision of this Agreement, then the other Party or Parties may institute legal actioo against the defaulting Party for specific performance, injunction, declaratory relief, damages, or any other remedy provided by law. In addition to the recovery of any such sum or sums expended on behalf of the defaulting Party, the prevailing Party shall be entitled to recovet from the losing Party such amount. as the court may adjudge to be reasonable attorneys' fees for the. services rendered to the prevailing Party in any such action. · 7.1 0 Breach -Effect on Mortgagee. Breach of any of the covenants or restrictions contained in this Agreement shall not defeat or render ·invalid the tien of any mortgage or · deed of trust made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any owner of any portion of the Shopping Center, or any part thereof, whose title is acquired by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale; provided, however, any such owner whose title. is acquired by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale:.· :· shall take title free of any liens created or provided for hereunder existing at or prior to the :. · . . '·:time such title is acquired, though otherwise subject to the provisions hereof. The term·· ··</mortgagee," wherever used herein, shall be construed to include beneficiaries and ·.-·trustees under deeds of trust. Notwithstanding any other provisions in this Agreement for . notices of default, the mortgagee of any Party in default hereunder shall be entitled to notice of said default, in the same manner that other notices are required to be given under this Agreement; provided, however, that said mortgagee shall have, prior to the time of the default, notified the Party hereto giving said notice of default of the mortgagee's mailing · address. 7.11 Effect on Third Parties. Except as herein specifically provided, no rights, privileges, or immunities conferred upon the Parties by this Agreement shall inure to the benefit of any tenant, customer, employee, or invitee of the Shopping Center or any other . third party; nor shall any tenant, customer, employee, invitee, or any other third party be deemed to be a third. party beneficiary of any of the provisions contained herein. . . 7.12 No Partnership. Neither this Agreement nor any acts of the Parties hereto shall be deemed or construed by the Parties hereto, or any of them, or by any third person,· to create the relationship or principal and agent, or of partnership, or of joint venture, or of any association between any of the Parties to this Agreement. REA04.AGR06/12195 4:01:ss pm 10 ( \ •. 7.13 (lntention.'"Jmitted) 7.14 ModificatiQn. This Agreement may be amended or revoked at any time by .· the then fee owners of at least seventy-five percent (75%) ofthe land area of the Price Parcel and the fee owners of at least seventy-five percent (75%) of the land area of the Realty Parcel, provided such amendment or revocation is in writing and executed by such Parties. No modification, waiver, amendment, discharge, or change of this agreement shall be valid unless the same is in writing and recorded in the County Recorder's office. 7,.15 Severability. In the event any term, covenant, condition, provision, or agreement contained herein is held to be invalid, void, or. otherWise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the condition, provision, or agreement contained herein. ?:.16 Governing Law. This Agreement and the obligations of the Parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of California. · · · 7.17 ·Terminology. All personal pronouns· used in this Agreement, whether used· in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and vice versa. 7.18 Counterparts. This Agreement may'be executed in multiple counterparts, each of. which shall be deemed to be an original agreement, and all of which shall·.· .. constitute one agreements. ::~;·~ l.·. ·. \~·. . . . 7.19 Captions. Articles· and section titles or captions contained herein are inserted . -· .:~·~s a matter of convenience and for reference, and in no way define, limit, extend, or ·describe the scope of this Agreement or any provisions hereof.· 7.20 Exhibits. The following exhibits are attached to this agreement: ·· Exhibit A -Description of Price Parcel; Exhibit B-Description of Realty Parcel; . Exhibit C -Site Plan; · Exhibit D -Main Driveway Plan and No Build Area. Executed as of the date first written above. THE PRICE COMPANY ... Its: E ecutive Vice President REA04.AGR06/12/95 4:01:ss pm 11 ( :~-· .. ,. ·-· ·-State of California County of San Diego -r~-..;:;;.:;_....=;..;"'-'--4-.f...4.-J·before me, Marabel J. Moorhead, Notary Public, personally ap ed Daniel T. Carter, Chief Financial Officer and Secretary, personally known to me to be the person whose name is subscribed to the within instrument and · acknowledged to me that he executed the same in his authorized capacity, and that his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument .WITNESS my hand and official s~al. ~~·-~.·--.J:r:::=:::1· ! ~ MA~OMM. 9 IOOl~ol z :S ~ ••• ' Notary N:Jiic -Ccllfcmla ~ z ,..; · SAN DIEGO CCIJN'IV l J ... My comm. Expires JUl3, 1~ o eo e eo a o·o o eo o ~ . .. ''· This instrument was pr~pared by Thomas J. Galvin, Esq. on behalf of Grantor. . .. ·.· .:., ( . ~ ., ., • CALIFORNIA ALL-PURPOSt:. ACKNOWLEDGMENT No.5907 State of Ca Gfor-n Ia County of 6a n 72tPfp Pe On 6V5Jgr; befo~e, L:_n~~r;;;~jJ~YJ(]}J}/1~ personally appeared \JJ h n I . e _ t; . • NAME(S) OF SIGNER(S) 0 personally known to me -OR -OI proved to me on the basis of satisfactory evidence to be the person(~) whose nameOQ@/aXe subscribed to the with~·n : strument and ac- knowledged to me J.bft e s)(eltt:kfy executed the same in (!]y/h · r/t~ir authorized capacity(i~). and that by ~/~r/tXSir signature~ on the instrument the. perso~. j* •..• 0 0 ·~·~. *l ~@ COMM.# 1043877 . ~ 2 . :-. Notary Plbllc-Caltonia ~ J SAN aEGOCCXWW J Mv Comm. fxplr8l OCT 30, 199! ••••••••••••• ·or· the entity upon ·behalf· of which· the · person~ acted, executed the instrument. official seal. ------------OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons. relying on the document and could prevent fraudulent reattachment of this form. CAPACITY ClAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TITlE(Sj 0 PARTNER(S) 0 UMITED D GENERAL. 0 ATIORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR ·... .. . 0 OTHER: __________ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTIY~ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE '.1· 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rernmet Ave., P.O. Box 7184 • canoga Parle, CA 9_1309·7184 GENE·RAL SITE PLAN • • BUILDI~S AREA -··---·--_____ , ..... ·-··· ... .. PRICE CLUB CARt.SBAO •150 Pro~r•4 '-71 A11011llCTI1oiCII£l 11·1~U • .0' . 100' 200' "''QTAt. SIT! I'.UIIQNQ .fH 41f7 , TOTAl. SITI loi'IU. -ACIIU ,:2.;, "~ IEXlHI~IB~T <C _, ... ~ .. G E N E ·R A L S I T E P L A N ~~,t-1? · MAIN DRIVEWAYS IIGT AP""T m ~ = m ~ = PRICE CLUB. m 'IOt~U" I ~ ·• BUILO!~e AREA 1ot~n ,,. UUll' 10011 11U.DV PALOMAA AIAPOR"T ROAD '0 D= ... ""' ... ,_ ... ~ ... c= c:o ~ ~ "" PRICE CLUB CARLSBAD .t150 . ''"'''" ,,.AI\CkiUCTS ~eft(( II•U.I:I NORTH 0 40' 100' 200' EB TOTAI.IITUAIIIONO .etO ., It? . TOT-'1-SITEMU.-ACAU :.2,~"';:3. !EX~nrarr ID>" 1 «>~ . . - THE PRICE COMPANY 42"41 Jutland Drive P.O. Box 85466 San DleC1a CA 921Af\-~.d.RR ~·-· ··-I • G E N E R A L S I T E P L A N &;-I?·,;; -·-J • I• ' . I ·. : ' ~-NO BUILD AREA L lr------o-4-Jt(ll-----.;,. ~ 11--~-.{-Vl~ =I ·~ / BUILOI .. & AREA PRICE PARCEL PRICE CLUB CARLSBAD •150 ,:..,..,..,lJIAI'CCliC"''I looiiU 11·»-~ 11041YH E9 lEXIHifi~DT fD> 2 of 2 ( -· EXHIJ3IT 'A' 1508 PARCEL 2 OF PARCEL MAP 17542 IN THE. CITY ·oF SAN DIEGO, . COUNTY OF SAN DIEGO, STATE. OF CALIFORNIA, FILED IN .THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO JUNE 27, 1995. . ' .. ·~ .. ;/ .. .;, ·~ : . . . · ... . ... ( .. ... ;-· .. . . .c.: ••• EXHIBIT 'B' •• • •· .. 1509 PARCEL l OF PARCEL MAP l 7 542 IN THE CITY OF CARLSBAD 1 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA IN THE OFFICE OF THE .COUNTY RECORDER OF SAN DIEGO COUNTY DATED JUNE'27, 1995. ' ~;, f ··. ~-i -.~; ... ~·~·.:·~ '· .~ ~-·· . . ,.< e e Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/K.en Cyr Email: votelt@ctt.com & ken.cyr@ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619) 521-3608 Order No.: 930024357-U50 Escrow Department: Chicago Title /San Diego Attn: Annemarie Lo Coco Email: lococoa@ctt.com Phone: (619) 521-3411 Fax: (619) 640-9635 PRELIMINARY REPORT Property Address: 965 Palomar Airport Road, Carlsbad, CA Dated as of: March 29, 2012 at 7:30am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy fonns. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL T A and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy fonns should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or refe"ed to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN EXTENDED COVERAGE POLICY CLTA Preliminary Report Form-Modified (11-17-06) Pagel Order No.: 930024357-050 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Oscar's Carlsbad, LLC, a California limited liability company 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Fonn-Modified (11-17..()6) Page2 Order No.: 930024357-USO LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP 17542 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1995. APN: 211-040-34 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form-Modified (11-17-06) Page3 Order No.: 930024357-USO SCHEDULED At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: I. Property taxes, including any assessments collected with taxes, for the fiscal year 2012-2013 that are a lien not yet due. 2. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 -2012 I st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: Assessors Parcel Number: $I5,949.22 (Delinquent) $1,594.92 (Due after December IO) $I5,949.22 $I,604.92 (Due after April 10) $None 09034 211-040-34-00 3. Said property has been declared tax defaulted for non-payment of delinquent taxes for fiscal year 2010-2011 (and subsequent years, if any) Amount To Redeem: IfPaid By: $38,720.14 $April30, 20I2 If payment is to be made through this title order, in order to insure that payment is received by the Tax Collector in a timely manner, good funds must be in possession of this company at least 3 business days prior to the above date. 4. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 5. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of right of way granted therein, where required for the construction and maintenance of said right of way, as contained in the deed recorded December 7, 1959 in Book 8030, page 216 of Official Records. 6. A document subject to all the terms, provisions and conditions therein contained. Entitled: Deed Restriction Recorded: July Il, 1989 as Instrument No. 89-363971 of Official Records Reference is hereby made to said document for full particulars. CLT A Preliminary Report Fonn-Modified (11-17-06) Page4 SCHEDULED (continued) Order No.: 930024357-050 7. A document subject to all the terms, provisions and conditions therein contained. Entitled: Deed Restriction Recorded: July 11, 1989 as Instrument No. 89-363972 of Official Records Reference is hereby made to said document for full particulars. 8. Notice of Special Tax Lien, City of Carlsbad, Community Facilities District No. 1, recorded May 20, 1991 as Instrument No. 91-0236959 ofOfficial Records. 9. A document subject to all the terms, provisions and conditions therein contained. Entitled: Recorded: Agreement to Pay Drainage Fees as required by the Growth Management Program and the adopted Local Facilities Management Plan for Zone 5 October 14, 1991 as Instrument No. 91-0530619 of Official Records Reference is hereby made to said document for full particulars. 10. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Drainage Recorded: October 14, 1991 as Instrument No. 91-0530620 of Official Records Reference is hereby made to said document for full particulars. 11. Covenants, conditions and restrictions affecting said land, (but omitting therefrom any covenant or restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, handicap, disability, national origin, ancestry, or source of income, if any, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped person)) contained in various deeds of record conveying other lots in said tract, among them being deed. Recorded: December 5, 1991 as Instrument No. 91-0627289 of Official Records 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress February 20, 1992 as Instrument No. 92-0090987 of Official Records The exact location and extent of said easement is not disclosed of record 13. Conditions and restrictions contained on said Parcel Map No. 16860. 14. Easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. CLTA Preliminary Report Fonn-Modified (11-17-06) PageS Map of: Purpose: Affects: Easement Purpose: Affects: SCHEDULED (continued) PMNo. 16860 30' access easement As shown on said Parcel Map 16860 traffic signal As shown on said Parcel Map 16860 Order No.: 930024357-USO 15. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection or survey: (a) The fact that a chain link fence and a concrete slab encroach 5.1' onto the Westerly boundary of the Northwesterly portion of said Parcel 1. (b) The fact that there are 2 stomge sheds located along the Westerly boundary of the Northwesterly portion of said Parcel I partially on said land and partially on the adjoining land. 16. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Easement Purpose: Affects: Parcel Map 17542 reclaimed water line as shown on said map 17. A document subject to all the terms, provisions and conditions therein contained. Entitled: Covenant for Easement Recorded: June 27, 1995 as Instrument No. 95-0267704 of Official Records Reference is hereby made to said document for full particulars. Affects Parcel 1 Parcel Map 17542 18. A document subject to all the terms, provisions and conditions therein contained. Entitled: Covenant for Agreement Recorded: June 27. 1995 as Instrument No. 95-0267705 of Official Records Reference is hereby made to said document for full particulars. Affects Parce12 Parcel Map 17542 Certain Reciprocal Easements, together with covenants and conditions recorded June 28, 1995 as Instrument No. 95-0272061 of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page6 SCHEDULED (continued) Order No.: 930024357-USO Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value. 19. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: June 28, 1995 as Instrument No. 95-0272061 of Official Records Note: Section 12956.1 ofthe government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Among other things, said document provides: Reciprocal Easements Modification(s) of said covenants, conditions and restrictions Recorded: October 25, 2001 as Instrument No. 2001-0775291 of Official Records 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Carlsbad Municipal Water District pipelines, pumping facilities, structures designated to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage; the use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility July 5, 1995 as Instrument No. 95-0284253 of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page7 Affects: SCHEDULED (continued) Order No.: 930024357-USO The route thereof affects a portion of said land and is more fully described in said document. 21. A document subject to all the terms, provisions and conditions therein contained. Entitled: Recorded: Covenant for easement September 19, 1996 as Instrument No. 96-0477040 of Official Records Reference is hereby made to said document for full particulars. 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The County of San Diego aircraft operation, aircraft sound and noise, aircraft avigation and flight, hazard and air space March 8, 2001 as Instrument No. 2001-0133093 of Official Records The exact location and extent of said easement is not disclosed of record 23. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice ofRestriction on Real Property Recorded: April 24, 200 I as Instrument No. 2001-025183 7 of Official Records Reference is hereby made to said document for full particulars. 24. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Loan Number: Recorded: $2,530,000.00 May 30,2006 Oscar's Carlsbad LLC, a California limited liability company Miramar Trust Deed Services, Inc., a California corporation San Diego County Credit Union 20 May 31, 2006 as Instrument No. 2006-0383921 of Official Records 25. An Assignment of all the monies due, or to become due as rent, as additional security for the obligations secured by Deed of Trust. Recorded: Assigned to: By Assignment Recorded: May 31, 2006 as Instrument No. 2006-0383921 of Official Records San Diego County Credit Union, a California limited liability company May 31, 2006 as Instrument No. 2006-0383922 of Official Records 26. A document subject to all the terms, provisions and conditions therein contained. CLT A Preliminary Report Form· Modified (11-17-06) PageS ---------------------------- Entitled: Recorded: SCHEDULED (continued) Order No.: 930024357-USO Hazardous Substances Certificate and Indemnity Agreement May 31, 2006 as Instrument No. 2006-0383923 of Official Records Reference is hereby made to said document for full particulars. 27. A Financing Statement filed with the Office ofthe County Recorder, showing Debtor: Secured Party: Recorded: Oscar's Carlsbad LLC, a California limited liability company San Diego County Credit Union May 31, 2006 as Instrument No. 2006-0383924 of Official Records A change to the above Financing Statement was filed Nature of Change: Recorded: Continuation February 15, 2011 as Instrument No. 20ll-0087845 of Official Records 28. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 29. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Fonn-Modified (11-17..06) Page9 Order No.: 930024357-USO INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. 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 of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No.3: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of ''the California Limited Liability Act, effective September 30, 1994" the following will be required: 1. A copy ofthe Articles ofOrganization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. GP CLTA Preliminary Report Form ·Modified (11-17-06) Page 10 INFORMATIONAL NOTES (continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION: Order No.: 930024357-USO For those of you receiving this report by electronic deliverv the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a bard copy of this report, a copy of this information bas been submitted for your review. CLTA Preliminary Report Form-Modified (11-17-06) Page ll -------------------------------------------------- C"AGO TITLE INSURANCE COMPL Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy oftoday's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may fmd of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 60 1 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-l-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existeJx:e or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: that are created, allowed, or agreed to by you that are known to you. but not to us, on the Policy Date -unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value fur your title. 5. Lack of a right: to any land ontside the area specifical)y described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in ItemS of Covered Title Risks. In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: I. Any right, interests, or claims of parties in possession of the land not 3. Any facts about the land which a correct survey would disclose and shown by the public records. which are not shown by the public records. This does not limit the 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 4. forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The fullowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or govemmeotal regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvemeot now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violatinn of these laws, ordinances or govemmeotal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimaot prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimaot had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. S. Invalidity or unenfurceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the 3. Easements, liens or encmnbrances, or claims thereof which are not 2. records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a publie agency 4. Discrepancies, conflicts in boundary Jines, shortage in area, which may result in taxes or assessments, or notices of such encroachments, or any other facts which a correct survey would proceedings, whether or not shown by the records of such agency or disclose, and which are not shown by the public records. by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof s. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17-06) Page 13 ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITil ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from tbe coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinan<:es, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violatiOQ of these laws, ordinan<:es or governmental regulations, except to the extent that a notice of the enfon:emeut thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land bas been recorded in the public lllCOTds at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land bas been recorded in the public ~rds at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof bas been recorded in the public records at Date of Policy, but not excluding from coverage any taking which bas occurred prior to Date of Policy which would be binding on the rights of a purchaser for value withollt knowledge. 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 reeords at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage nver any statutory lien for services, labor or material or to tbe extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if tbe insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured bas advanced or is obligated to advance. 7. Any claim. which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: ( i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or ftaudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the dOctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except wbere the preferential transfer results from the tililure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or ajudgmeot or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in 11 Standard Coverage policy will also incl.ude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insme against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the 3. Easements. liens or encumbrances, or claims thereof, which are not records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in bowdary lines, shortage in area, which may resUlt in taxes or assessments, or notices of such encroachments, or any other facts wbicb a correct survey would proceedings, wbetber or not shown by the records of such agency or disclose, and wbicb are not shown by the public reeords. by the public records. 2. Any facts, tights, ioterests or claims which are not shown by the public records but which conld be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 1006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Cotnpany will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or tbe effect of any violation of these laws, ordinances, or goveJllllJental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One (11-17-06) Page 14 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to tbe Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this docs not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or ATTACHMENT ONE (CONTINUED) (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for lbe Insured Mortgage. 4. Unenforceability of lbe lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in wbole or in part of the lien of lbe Insured Mortgage that arises out of lbe transaction evidenced by lbe Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of lbe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that lbe transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and lbe date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 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: 1. (a) Taxes or assessments that are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, not shown by records of any taxing authority that levies taxes or assessments on the Public Records. real property or by the Public Records; 4. Any encroachment, encumbrance, violation, variation, or adverse (b) Proceedings by a public agency that may result in taxes or circumstance affecting the Title that would be disclosed by an assessments, or notices of such proceedings, whether or not accurate and complete land survey of the Land and not shown by the shown by the records of such agency or by the Public Records. Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from lbe coverage of this policy and the Company will not pay Joss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) lbe occupancy, use, or enjoyment of lbe land; (ii) the character, dimensions or location of any improvement now or hereafter erected on lbe land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in lbe public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of lbe exercise lbereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise lbereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by lbe 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 not disclosed in writing to the Company by lbe insured claimant prior to the date lbe insured claimant became an insured under this policy; (c) resulting in no Joss or damage to lbe insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not bave been sustained if lbe insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of lbe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) lbe transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record lbe instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to lbe above Exclusions from Coverage, 1be Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company wiD not pay costs, attorneys' fees or expenses) which arise by reason of I. Taxes or assessments which are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, which are not 2. records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, which may result in taxes or assessments, or notices of such encroadunents, or any other facts which a correct survey would proceedings, whether or not shown by lbe records of such agency or disclose, and which are not sbown by lbe public records. by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of lbe land or which may be asserted by persons in possession thereof. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not lbe matters excepted under (a), (b) or (c) are sbown by the public records. Attachment One (11-17-06) Page 15 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including 1hose relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on tbe Land; (iii) the subdivision of land; or (iv) environmental protection; or the etiect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit tbe coverage provided under Covered Risk S. (b) Any governmental police power. This Exclusion l{b) dces not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclnsion dces not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company. not recorded in the Public Records at Date of Policy, but Known to the Insnred Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and I 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant bad paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar aeditors' rights laws, that the transaction vesting the Title as sbown 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 lien 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 Public Records that vests Title as sbown in Schedule A. Tbe above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) 1hat arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, not sbown by records of any taxing authority that levies taxes or assessments on real the Public Records. property or by the Public Records; (b) proceedings by a public agency 4. Any encroachmeot, encumbrance, violation, variation, or adverse that may result in taxes or assessments, or notices of such circumstance affecting the Title that would be disclosed by an proceedings, whether or not shown by the records of such agency or accurate and complete land survey of the Land and that are not shown by the Public Records. by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of tbe Land or that may be asserted by persons in possession of the Land 5. (a) Unpatented mining claims; (b) reservations or exceptions in pateots or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are sbown by the Public Records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law a a notice of exercising the right appears in the Public Records at or govetnmenl regulation. This includes ordinances, laws and the Policy Date; or regulatioiiS concerning: b. the taking happened before the Policy Date and is binding on You a. building if You bought the Land wi1hout Knowing of the taking. b. zoning 4. Risks: c. Land use a that are created, allowed, or agreed to by Yon, whether or not d. improvements on the Land e. Land division f environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. Tbe failure of Your existing structures, or any part of them, to be constructed in acccrdance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: Attachment One (ll-17·06) Page 16 they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date • this dces not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifieally described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion dces not limit the coverage described in Covered Risk II or 18. ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS Your insunmce for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit ofLiability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Your Peducttble Ammmt 1.00"/o of Policy Amoant or $ ~ (whichever is less) Our Maximum Dollar Limit of Liabilitv $10.000.00 Covered Risk 15: .LQ2"1o of Policy Amomlt or $ 5.000.00 (whichever is less) Covered Risk 16: .LQ2"1o of Policy Amoant or $ i.QQQ...QQ (whichever is less) Covered Risk 18: 1.00"/o of Policy Amoant or $ 2 500.00 (whichever is less) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10113/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or l~tion of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or ( iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, asswned 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 not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; Attachment One (11-17-06) Page 17 (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24,25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental anthority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or intereat covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modificati()D_ This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of bmlding codes if notice of the violation appears in the Public Records at Date of Policy. (continued) You may be entitled to receive a $20.00 discount on escrow services ifyou purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. Ifyou had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -infonn the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you infonn the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company infonnation concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page 18 i ::r 3 n a 09 ~ n -----' -_, ~ @ SHT I so ® SAil OtEGO COUITY ASSESSOR' I MAr U 211 PG 041 t• OPf;N liAOoCIE 2" CONSERVATION EASEMENT ... A':i!IIIO e. 11=2!!JO c. R>2325 1),. N81'5o'34"! E. R•2175 f"r ~117.5) G. 11;2175 H,. R=ll7.50 [. 11=27.51 J.N~ 49.35 ~.28 IMI.III 10t.l7 58.11 31.77 50.58 mr 12.00 K-s..-f!li!:ttfE lll.20 L-SUI3'16"E 21.87 ~Not"!SV!oi!'E :M.711 211-04 ~ r-~oo· --.100 l~"'"u~r .. lllllC !OLD !NEW IY• CUT I~ .,...;, 17ts ... e; il (Of'l 4o , {1/4'; •I• I7.J!aiUT J "~' ;2114 I'O'" '"' ~· ...... .. .. ~-"is -!_II ·~· w'" ID •.. I& isuJ Iii V.N. ,. 11'.1.5 I!Zf~ Hi ,, u II'> l.rlt£ ,.." !!~ !10 14 PG :Ill 17 " 1:11!'. 11 • .az&. MAP 823 -Rill AQJA HEDI(H)A -POR LOT H SEC 20 -TI2S-R4'."1-POA LOT 3 ROS 9354 , 13466 ... f~ "~ ~>.._ '~ .. ~ CITY OF CARLSBAD APPLICANT NAME: PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the. proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-eAJW/f?l/)1\) /.T1VD u~4fV:5llnV 6F Tlf£ e~tm~ ~ ?M f ~..s~ p..e:['AVtfMOVT ~ 771E ~5-~C? S~Jarf1N6 {!f:._ . 7JrE AI EM/ ~t117'f t(JJ tt.. Be /1-. MOtll -1W..I'IVT I~ 71J3 r !<£.TRI~ 9/d"ofPP\J::,. al\l~ . P-1 (B) Page 1 of 1 Revised 07/10 -(~ --~ ...... -~CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~~he development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: NJa::. IPI/$/@82 • Address: /). gac SltB/C/4 cr. s~ O/~ . cA-9-213o ' Phone Number: 858--:J.5/ -!~-?/ PROPERTY OWNER Name: ~'s ~S811:/) ~ Address: ,tiJ ~ "Y~ S'" Phone Number: $5fl -~$ -r_ ~~ Address of Site: %£ ?;lLDtt$ ~ f?.tMZ2 Local Agency (City and County): C/'JR?BI?O l C~&Vljf c;.vN!"j' t:f: 2UJIJI~ Assessor's book, page, and parcel number: 21/-0~0-31' -OC> Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: ____________________________ _ Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 07/10 J~~ C I T Y 0 F VcARLSBAD • Community & Economic Development PLANNING COMMISSION NOTICE OF DECISION November 8, 2012 Nick Foussaines Mission Equities 2081 Faraday Avenue Carlsbad CA 92008 • SUBJECT: SOP 90-0S(G)/CUP 12-08/CDP 12-14-PALOMAR PLACE RETAIL CENTER l\At~ l\ \ q \ \'V ~lLt CUrl www.carlsbadca.gov At the November 7, 2012 Planning Commission meeting, your application was considered. The Commission voted 4-2 to recommend approval of/approve your request. The decision of the Planning Commission as to CUP 12-08 and COP 12-14 is advisory and will be forwarded to the City Council for final approval. The Planning Commission determination on SOP 90-0S(G) was final at Planning Commission unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days of the Planning Commission adoption of the decision(s) in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. If you have any questions regarding the final dispositions of your application, please contact your project planner Shannon Werneke at (760) 602-4621 or shannon.werneke@carlsbadca.gov. DON NEU, AICP City Planner DN:SW:bd c: Data Entry File enc: Planning Commission Resolutions No. 6921, 6922, 6923 · · . Planning Division ~· 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ~--- ... NOTICE OF EXEMPTION To: SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego CA 921 0 1 ··· ··~~ . ;.,-.;C· -AR WBlAD j ~I I vr ,\)OJ JAN 0 ; 2013 Pl :.<· •>!tl\!: .. vtPARTMENT CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad CA 92008 (760) 602-4600 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: SDP 90-05(0)/CUP 12-08/CDP 12-14, Palomar Place Retail Center Project Location-Specific:-"9'-"6c:::.5~P__,a""lo"!.m""'a"""r~A..!.'i"'-Jrp~o"!.rt-"-R=oa'=!!d"-------------------- Project Location -City:~C~ar'-!.lsO!.!b~a~d ____ _ Project Location -County: San Diego Description of Project: Site Development Plan Amendment, Conditional Use Permit and Coastal Development Permit to allow for a 2,816 square foot expansion to an existing 5,263 square foot commercial building formerly occupied by Pat & Oscar's and the construction of a 7,621 square foot freestanding commercial building on a 1.75-acre parcel located on the southwest comer of Palomar Airport Road and Armada Drive, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 5. Name of Public Agency Approving Project:_C=ity~o"'-f-==C=ar"""l=sb=a=d'---------------- Name of Person or Agency Carrying Out Project:-=Sh""'a""-n!!'n'-!!o...,_n__,W.!-e"'-'m~ek~e"-------------- Name of Applicant: Nick Foussianes, Mission Equities Real Estate, Inc. Applicant's Address: 1283 8 Stebick Court, San Diego, CA 92130 Exempt Status: (Check One) 0 Ministerial (Section 21 080(b )( 1 ); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 1Z1 Categorical Exemption -State type and section number: In-Fill Development Projects, 15332 0 Statutory Exemptions -State code number:--'-n"-'/a=-------------------- 0 General rule (Section 15061(b)(3)) Reasons why project is exempt: The project is consistent with the General Plan and the Zoning Code; the development is located within city limits on a site of no more than five acres in size; the site has no value as habitat for endangered, rare, or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. d Agency Contact Person: Shannon Wemeke Telephone: (760) 602-4621 /2-b-12 Date Date received for filing at OPR: Revised 04/12 I State of California-The Resources *cy DiPARTMENTOF FISHAND-.,E 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEAR'IC LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECTTITLE SOP 90-05(G)/CUP 12-08/CDP 12-14, PALOMAR PLACE RETAIL CENTER PROJECT APPLICANT NAME NICK FOUSSIANES, MISSION EQUITIES REAL ESTATE INC PROJECT APPLICANT ADDRESS 12838 STEBICK COURT PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration CITY SAN DIEGO 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs (ZJ County Administrative Fee 0 Project that is exempt from fees 1Zl Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit (ZJ Check 0 Other_1_0_2_7 ___ _ SIGNATURE X H. Ayuyao RECEIPT# SD2012 1013 STATE CLEARING HOUSE#!Ifappticabte! STATE CA 0 State Agency $2,919.00 $2,101.50 $850.00 $992.50 $50.00 DATE 12/07/2012 DOCUMENT NUMBER *20121013* PHONE NUMBER 858/231-1691 ZIP CODE 92130 (ZJ Private Entity $ _______ _ $ ______ _ $ ______ _ $ ______ _ $ $50.00 ------- $ _______ _ TOTALRECEIVED $ ____ ___.:$...:.50.:...·...:.00.:.._ 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) PROOF OF PUBLICATION (2010 & 2011 C.C.P.) 5) SOP 90-05(G)/ CUP 12·08/ COP 12-14: PALOMAR PLACE RETAIL CEN· TEA -Request for approval w-site Development Plan Amendment and a recommendation of approval ~ Conditional Use Permit and Coastal Dever-· opment Permit to allow for a 2,816 square foot expansion to an existing 5,263 square foot commercial building formerly o,ccupied by Pat & Oscar's and the construction of a 7,621 square foot freestanding commercial building on a 1.75- acre parcel located on the southwest comer of Palomar Airport Road and Ar- mada Drive, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 5. The project is exempt 'from the California Environ~antal Quality Act. STATE OF CAL'IFORNIA County of San Diego ~~~~~not'~(""'" t~l"~ =w•~ra C~fut ~[;LL-, B.. --- I am a citizen of the United States and a n of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The ~ Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 26th, 2012 BEST COPY \I certify (or declare) under penalty of perjury that ~he foregoing is true and correct. Dated at Escondido, California On Th th day October, 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising •·-Complete items 1, 2, and 3, Also complete ' ''\item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 D. Is If YES, ent.ar,,deUver:v. address below: Cf.u..trut:i\1iA COASTAL COiviMISSION SAN DIEGO f":0AST DISTRICT 3. Service Type ~rtifled Mall [J Express Mall [J Registered ~etum Receipt for Merchandise [J Insured Mall [J C.O.D. 4. Restricted Delivery? (Extra Fee) [J Yes 2. Article Number (Transfer from service label) 7010 2780 DODD 8476 8819 : ·PS Form 3811, February 2004 Domestic Return Receipt l.J!S. Postal Service m CE:RTIF'IED MAILm RECEIPT a (Domestic Mail Only; No Insurance Coverage '-ded) Postage $ 1---------1 Cl Certified Fee Cl Postmark Cl Return Receipt Fee Here Cl (Endorsement Required) 1--------1 /O• a5·/d. Restricted Delivery Fee Cl (Endorsement Required) o:0 S(:)P '1·1-.rt~EH.~rP-1~ 'f. ~lo·ku:o~ p ... bk ~~ ~ Total Postage 0 entTo r-'1 o sfreef."A'PI'No:; ["-' or PO Box No. ci,Y; st.aie: z,;;.;: California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 921 08-4402 1 02595-02-M-1540 ' (~~CITY OF FILE COPY /O•;;JS·Ja • CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 7, 2012, to consider a request for the following: CASE NAME: SOP 90-05(G)/ CUP 12-08/ COP 12-14-Palomar Place Retail Center PUBLISH DATE: October 26, 2012 DESCRIPTION: Request for approval of a Site Development Plan Amendment and a recommendation of approval for a Conditional Use Permit and Coastal Development Permit to allow for a 2,816 square foot expansion to an existing 5,263 square foot commercial building formerly occupied by Pat & Oscar's and the construction of a 7,621 square foot freestanding commercial building on a 1.75-acre parcel located on the southwest corner of Palomar Airport Road and Armada Drive, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shannon Werneke in the Planning Division at (760) 602-4621, Monday through Thursday 7:30a.m. to 5:30p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. o Coastal Commission Appealable Project: ~ ~ This site is not located within the Coastal Zone Appealable Area. Application deemed complete: 09/28/2012 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SITE MAP • N • NOT TO SCALE Palomar Place Retail Center SOP 90-05(G)/CUP 12-08/CDP 12-14 • Complete items 1, 2, and 3. , .• so complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mail piece, or on the front If space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 D. Is delivery address different from Item 1? If YES, enter delivery address below: 3. Se!vlce Type 7575 Metropolitan Drive San Diego, CA 92108-4402 ~ad Mail 0 Express Mail D Registered ~etum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (Transfer from S6rvlcelabeQ 7010 2780 DODO 8476 8727 i _PS Form 3811 , February 2004 Domestic Return Receipt 1"-ru U.S. Postal ServiceT.• 'CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage ded) ~~mz~~~~~~za=-~=-.. • ...0 1"-~----------.---~~-----r--~~~------~ .::t' <0 0 Postage $ 1--------1 Certified Fee 0 Return Receipt Fee § (Endorsement Required) 1--------i Restrtcted Delivery Fee 0 (Endorsement Required) .:o ~P~~~~~=W/sw Postmark Here "l· 1·1.;) ~ Total Posta' California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 1 02595-02-M-1540 (t4) CITY OF FILE COPY '8·7·/a> • CARLSBAD Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Palomar Place Retail Center PROJECT NUMBER: SOP 90-05(G)/ CUP 12-08/ COP 12-14 This early public notice is to let you know that a development application to renovate an existing vacant building (formerly Pat & Oscars) and to add an additional 10,000 square feet of a mixture of retail and restaurant uses within your neighborhood was submitted to the City of Carlsbad on July 3, 2012. The project application is undergoing its initial review by the City. LOCATION: 965 Palomar Airport Road PROJECT DESCRIPTION: The applicant is requesting approval of an amendment to a Site Development Plan, Conditional Use Permit and Coastal Development Permit to renovate and expand (2,816 square feet) an existing building (5,263 square feet, formerly Pat & Oscars) to accommodate a mixture of restaLJrant and retail uses and to add an additional building, 7,621 square feet in size, for additional retail and restaurant uses. The total building area proposed is 15,700 square feet. Including architectural projections, the maximum height proposed is 37 feet. In addition, modifications are proposed to two existing, freestanding Costco signs to reference the additional tenants within the shopping center. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Shannon Werneke, Associate Planner at shannon.werneke@carlsbadca.gov, (760) 602-4621, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 I ® SITE MAP • N NOT TO SCALE Palomar Place Retail Center SOP 90-0S(G)/CUP 12-08/CDP 12-14 ..... ""' ..... ""' , .... ,,.._ -~~n.;_, .. _...,. -·-..,...w. ::-:Nktf....--(tst):U1·1H1 """'~ ..... f&totin .. ol(-.lnc So<\O' ...... ~tl~ ~laoorul,_s(Uf)l'»-SMi~r.a>~~~ _,..._...~(»-oloiJr)lrl t.r.oc:: -"'*· !lHIJK81.1 --~-- ~Ill 01' rMC!lO.W17SG fllH(CI'iVOI!CNII.Uoi.D. COUim Of""" OIEGO,SlATtOI'CAI.If<)IIOI ... 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"-~de;!( .... ~· .... -- C165 Palomar Airport Carlsbad/ Ca lifornia Road C12011 ~~net~ Carl•bad, CA82011 phon• 780.884.1800 tax 7110.804.11120 jbc@jbc~udio~.com www.jbcatudioi..com \) > \: D 0 Ill "\} 0 0 E <( .{9 _J Q_ .. ~ B' 'd s <( (i " r: ~~ () td _J 0.. <( L Q_ < L 0 E 0 ~ !=Al-OMA~ AI~!=O~T ~OAO ------------------------(\ I I ( I I I : ••--·---t..------••--••1--••--••--•• I _j : ~-------------------~· --------------------~·--------------------=~~~~---~--------=~~------/ . . --- v .. 10' ;o' ---~ ~ITE/ROO!= !=l..AN KEYNOTE~ •• ...,. .... -~f'ete;C_ --(n?j .. utet:JI'-.1.~ ~ • -~~~--nve~ ~--·-lll.-tlf' .. ~- _. ...,....IIGOIZDI--._ .. -..... ~ • _IIII!T_......._ l'f.--......~ ··-... --..:.. !='~O.JECT OAT A ·~ ~. ., .. ~ ..... .•. ._ .... 0 Meea.,.bonnetOrr.. Carlsbad, CA 92011 phone 7ISO.te4.1800 tax 780.884.1820 jbc@jblmudlole.c;:om --Jbc*u~.c;:om .... -..... - (j) ~,UT~ ELEVATION --- CD ~::R!'"' ELEVATION --- @ ~:;Twi!..iVATION --- @ ;~;Twi!..iVATION --- ~ '~ ···~ -~ ••. ...a:• -,~ ·············~ ~ ···········~ ···~ '~ -·~ -··-~ ········~ ·····~ ···········,~ ····~ ···~ @ ® CI.MOI.--. .. __ ..,....._ ___ _ • _.,Iff/_ .. ,......~-- ·-~-~--c:M.I~ ... ·--~ l04"11S>-~ 21.,....,_-. ZOI. -"'--'__., :;tol. .... _.lloii.IC:I"4"llot51'11- a. 7-~W.~·•·-tHI--~ TRA~ ENCLO~RE . ., ., .... --- PARTIAl, 6!,0G "A" UJE~T i!..iVATION . .,., .... --- @ ~~,R~IA!, 6!,0G "6" EA~T i!..iVATION --- esee a...bonnet om. Carlsbad, CA 82011 phon• 7ISO.SKI4.1800 fax 7110.884.1820 jbe.@jbcnldlols.com --.~dlols.com ~ L 0 ll 10 1l ll \) L <( ~ .. ~ o_ ll -g~ <( ~1 I: () H ~ ~ <( ~ o_ L ll E Q 0 IL -- _,... """"""" eL.eVATION5 Opt' l'"vll e.Aicl o..t -- '· ·.· • Darnell & AssociATEs. INc. TRANSPORTATION PLANNING & TRAFFIC ENGINEERING RECEIVED • I.: ' '·' ') July 3, 2012 p!! 0 u ' .. C\TY ~~ CARLSBAD PLANN\NG 0\V\S\ON Nick Foussianes MERI Palomar Place, LLC. C/OSK.LZ 2081 Faraday Avenue, Carlsbad, CA 92008 D&ANo.120510 Subject: Trip Generation Analysis Comparing the trip generation of the existing 7,050 square foot Pat and Oscar's Restaurant building to the proposed project located at the southwest comer of Palomar Airport Road and Armada Drive, Carlsbad, California. · Dear Mr. Foussianes, In accordance with your authorization, we have prepared this letter comparing the trip generation of your proposed project to the remodel the existing Pat and Oscar's Restaurant building and construction of two additional buildings to provide 3,500 square foot of Restaurant use and 12,400 square feet of Specialty Retail space. Figure 1 presents the projects site plan. Trip generation of the existing and proposed project is estimated based of the trip generation rates published by SANDAG (Not So) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region. Table 1 presents the trip generation rates for the restaurant and specialty retail use. Table 1 SANDAG Trip Generation Rates Land Use Dally Trips/KSF AM Peak Percent of PM Peak Percent Dally (In/Out) of Dally (In/Out) Restaurant 160/KSF 8% (5:5) 8%(6:4) Specialty Retail 40/KSF 3%(6:4) 9% (5:5) KSF = Thousand Sguare Foot Table 2 was prepared comparing the trip generation of the proposed project to the trips that would be generated by the Pat and Oscar's 7,050 square foot Restaurant. 2870 Four1h Avenue • Suite A • San Diego, CA 92103 Phone: 619-233-9373 • Fax: 619-233-4034 E-mail: offlce@damell-assoc.com • Nick Foussianes MERI Palomar Place, LLC July 3, 2012 Page2 Land Use Daily Proposed Project Restaurant 560 3,500 sq. ft. Specialty Retail 496 12,400 sq. ft. Total 1,056 Existing Pat & Oscar's 1,128 7,050sq. ft Difference (-72) ~· ft. =_§quare Foot • Table 2 Tri~ Generation Comparison AM Peak PM Peak Total In Out Total In Out 45 23 22 45 27 18 15 9 6 45 23 22 60 32 28 90 50 40 90 45 45 90 54 36 (-30) (-13) (-17) 0 (-4) +4· Review of Table 2 shows that the proposed project will generate 72 fewer daily vehicle trips, 30 fewer AM Peak Hour vehicle trips and zero additional PM Peak Hour vehicle trips. In summary is can be concluded that the proposed development of the 3,500 square feet of Restaurant use and 12,400 square feet of specialty Retail use will generate less traffic than the existing Pat and Oscar's Restaurant. Please call if you have any questions or need additional information Sincerely, Darnell & Associates, Inc. ~~ Bill E Darnell, P.E. Firm Principal RCE22338 BED/jam 1205 Jo-Trip Oenemtion Analysis for MERI Palomar Place.doc/7/12 Date Signed: 7/ =>/ Zs t '2. Darn ell ae ASsoCIATEs, INc. 12051 DAA.dwg 7-03-12 Vl.S FIGURE 1 SITE PLAN •. ; October 12, 2012 TO: FROM: RE: Shannon Werneke, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review-3rd Review Palomar Place Retail Center, SDP 90-0S(G), CDP 12-14, CUP 12-08 Armada Drive MELA file: 462 -Palomar Place Retail Center -Con3 Landscape Architect: Ahles Landscape Architecture, Phone: (858) 756-8963 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1-9 Completed. 10. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. a. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. 2nd Review: The applicant has responded: "Sight lines are indicated and standards note don plan." Please revise the sight lines as appropriate staring the 25' from the beginning of curve. fd Review: Please provide substitute plants for Coprosma repens and Carissa grandiflora where located within vehicular sight lines that will grow no taller than 30" in height. b-e Completed. 11-20 Completed. 21. Please indicate the existing and/or future recycled water systems. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. Please address. 2nd Review: The applicant has responded: "Use of recycled water is noted on CLP, to be utilized for all landscape areas." Please provide the colored or hatched plan showing where recycled water is to be used as previously requested. This colored/hatched plan will be forwarded to CMWD for review. Any comments will be returned to the applicant. 3rd Review: The water use f Palomar Place Retail Center Conceptual Plan Review October 12, 2012 Page 2 plan has been forwarded to CMWD for review. Any comments will be returned to the applicant. 22-27 Completed. 28. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored/hatched water use plan) on the next submittal. 1A~4A Completed. (~~' CITY OF "'~CARLSBAD • Memorandum July 31, 2012 To: Shannon Werneke, Associate Planner rA From: Frank Jimeno, Associate Engineer (I j Via: Glen Van Peski, Engineering Manager Re: SOP 90-05G/CDP 12-14/CUP 12-0SN 12-01 PALOMAR PLACE RETAIL CENTER -FIRST REVIEW Engineering Department staff has completed a review of the above-referenced project for application completeness. The application and plans submitted for this proposed project are currently incomplete and unsuitable for further review due to the following incomplete items: 1. Add application numbers at the top right side of the drawing sheets. 2. Add to the property boundary all bearings, distances, and curve data. 3. Provide a Preliminary Title Report (PTR) issued within the last 6 months. 4. All easements and encumbrances as identified in Schedule "B" of the PTR must be indicated on the site plan. The future disposition of any easements and encumbrances must also be identified. 5. If there are existing easements that are not plotted on these plans, there may be significant changes to the design in order to avoid conflicts. See comments in sheet C-1. 6. Provide 5-foot offsets at proposed parking stalls located at 90° adjacent to each other, such as at the northeast corner of the parking lot (see sht SD101). 7. Show pad elevations for the proposed new buildings. Indicate the volume of grading (cut, fill, import, export) proposed for the project in cubic yards. 8. The drainage study accounts for .88 acres. The area for the whole site (Parcell) is 1.75 acres. The study needs to account for drainage from the whole site. Indicate clearly in the Hydrology Map the extent of each of the basins. 9. Show all existing street surface improvements (curb, gutter, sidewalk, paving, access-holes, inlets, power poles, street lights, vaults, transformers, etc.) at the corner of the property fronting Palomar Airport Road. Show the pedestrian ramp, if any. 10. Show in sheet G001 the sewer (edu), potable water (gpm), and reclaimed water (gpm) generated or required by the proposed development. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov Page 2 • • 11. See comments in the SWMP. Refer to the Carlsbad SUSMP, starting at page 85 for the design requirements of Bioretention facilities. Additionally, staff has conducted a preliminary review of the project for engineering issues of concern. Some of the engineering issues that need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: ENGINEERING ISSUES 1. Add traffic generation information (ADT). Show in the site plan the calculations for the total ADT generated by the project. 2. Show all existing and proposed sewer and water services to the existing and proposed buildings. 3. Show all fire hydrants within 300 feet of the site and label the distance. 4. In order to provide you with a preliminary fee estimate, please submit an area breakdown of the building uses. Attached are red lined check prints of the drawings, Hydrology/Hydraulic Calculations and Storm Water Management Plan for the proposed project for the applicant's use. The applicant must return these check prints with the revised plans to assist staff in our continued review. If you or the applicant has any questions, please contact me at (760) 602-2758 or by email frank.iimeno@carlsbadca.gov. c Gleri Van Peski, Engineering Manager --------------------------------, • DATE: JULY 6, 2012 CITY OF CARLSBAD REVIEW AND COMMENT MEMO PROJECT NO(S): SOP 90-0S(G)/CDP 12-14/CUP 12-08/V 12-01 PROJECT TITLE: PALOMAR PLACE RETAIL CENTER APPLICANT: MERI PALOMAR PLACE LLC TO: 1Zl Land Development Engineering IZ! Police Department-J. Sa sway IZ! Fire Department-Greg Ryan IZ! Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque REVIEW NO: 1 ----l D Water/Sewer District IZ! Landscape Plancheck Consultant-PELA B rohc e h "le s iJ§tNay D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 07/26/12. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: /r Cl»JtfJ£e7E ~ 1'2/?Y/t!l(_) tV/t-V~ Ot!IVG WJ/efv .Df!71htEO • CfJN5,neuq?nJ t??IINJ A-f?e S'/16/UI T7YJ TtJ TJI-8 6U!t!J!Af{r PIP'!St()7() sw ( Signature 7/.?tJ /;_2-__ _ Date PLANS ATTACHED · Review & Comment 05/11 Q ' . ' . CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: SOP 90-05(G) I COP 12-14 I CUP 12-08 IV 12-01 BUILDING ADDRESS: 965 PALOMAR AIRPORT ROAD PROJECT DESCRIPTION: CONSTRUCTION OF TWO (2) ADDITIONAL BUILDINGS ON EXISTING PARCEL ASSESSOR'S PARCEL NUMBER: FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance witil applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: Date: ATTACHMENTS DENIAL Please see the attached report of deficiencies marked with [&]. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. Date: 07.09.2012 By: Date: ---------------- By: ________________ Date: FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: GREGORY RYAN --------=o-=E-=PUTY FIRE MARSHAL 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 ------------------- • D D required. REVIEW CHECKLIST SITE PLAN WATER IMPROVEMENT 1. Hydrants Additional on-site public water mains and fire hydrants are required. o Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. o Fire hydrants shall be located no more than 90 feet from any fire department connection/backflow prevention device. 2. Fire Service Mains Additional on-site public water mains and Backflow Prevention Devices are required. o Provide a separate fire service main connection and backflow device for each of the new buildings. o Fire Department Connections (FDC) shall be part of the DCDA assembly and shall be located no more than 90 feet from any fire hydrant. o Fire Department shall not permit the installation of backflow devices and/or FDC's along the main entry pint to this site. Instead DCDA's and FDC's shall be located within the developed site fronting each building. FIRE SPRINKLERS 1. Provide notes on all plans submitted for review that indicate that fire sprinklers are July 12, 2012 TO: FROM: RE: Shannon Wemeke, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review -Conceptual Review -1st Review Palomar Place Retail Center, SDP 90-0S(G), CDP 12-14, CUP 12-08 Armada Drive MELA file: 462 -Palomar Place Retail Center -Coni Landscape Architect: Ahles Landscape Architecture, Phone: (858) 756-8963 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements ofthe City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please prepare landscape plans on a 50% screen of the civil engineering plans. All grading information is to be shown along with all street names. 2. At a minimum, landscape plans shall include the following items: a. Existing conditions (grades, plants, property lines, easements, right-of-ways, drainage elements, utilities, etc.). Please label all elements. b. Potable and reclaimed service locations and lines. c. All vehicular sight lines, including intersection site distance corridors (see Figures 3-A and 3-B) and CalTrans sight distance standards (i.e.: stopping sight distance). See comment 10 below. Show the vehicular sight lines at the southwest comer of Palomar Airport Road and Armada Drive along with curb line. d. Proposed grading consistent with grading plans for the project. e. Indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 3. Architectural plans show this area as landscaped. Please address. 4. Architectural plans show these areas as planters. Please address. 5. Architectural plans show a walk in this location. Please coordinate architectural, civil and landscape plans. Check all areas. 6. Please identify this symbol in the legend. 7. It is recommended that a substitute be provided for the Myoporum Pacificum as this species is having problems with a thrip in the Carlsbad area. 8. Please better clarify which existing trees are to remain and which are to be removed. It is assumed that trees along Palomar Airport Road will remain. Please add a letter "R" adjacent to any tree to be removed and indicate that all other trees shall remain protected in place. 9. Please clarify that existing landscaping is to remain and to be enhanced along Palomar Airport Road to meet Landscape Manual requirements. Palomar Place Retail Center Conceptual Plan Review July 12, 2012 Page2 10. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. a. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. b. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. c. Ensure that landscape elements at interior private driveway intersections do not obstruct sight lines, so that circulation and pedestrian safety can be maintained. d. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the CalTrans sight distance lines. e. CalTrans sight distance lines have a horizontal and vertical component (profile). Coordinate with the civil engineer to determine the location and height restrictions within the required sight distance area. Please show and label all vehicular sight lines and insure the above requirements are met. 11. Please label the new bio-retention treatment control areas. Please note that the civil plans label these areas as mulch/grass. Please provide confirmation that proposed plantings will provide filtering as required. Please note that these structures are to be in full working order prior to obtaining occupancy, therefore all plantings within these areas will need to be fully knitted in and covering. Insure plant sizes and spacings are such that this will be accomplished prior to requesting occupancy. 12. It is unclear why several planting areas are specified to receive decomposed granite versus planting. It appears that the design would benefit from plantings in these areas. Please review. 13. Please indicate the proposed plant sizes either by number or percentage of the total quantity. 50% ofthe shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. 14. Please coordinate with civil plans, relocating the new water lines as appropriate to be installed around the existing palm trees to remain. 15. Please avoid planting trees and large shrubs above or near sewer laterals, water mains, meter boxes and other utilities. Check all areas. 16. The Landscape Manual requires that landscaping shall be used to accentuate and enhance architecture. It is further required to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Landscaping to include shrubs and trees is needed along the west end of the northerly building; a minimum of 1 tree is needed along the west side of the easterly building; and a minimum of 3 additional evergreen trees are needed along the north side of the project to both soften and enhance these elevations. Please address. 17. Evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide a planter with appropriate shrubs and tree on the west side of the trash enclosure and provide wall vines on the north side to screen the enclosure. " ' Palomar Place Retail Center Conceptual Plan Review July 12, 2012 Page 3 18. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please address. 19. A minimum of3% ofthe parking area shall be landscaped. The "parking area" includes all parking spaces and drive aisles. The plantings shall be contained in planting areas with a minimum dimension of 4' and bounded by a concrete or masonry curb of a minimum of 6" in height. The plantings shall be located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. Please provide a calculation proving the percentage of landscape area provided in the parking area. 20. Long rows of parking should be broken up with landscaped islands. Landscaped islands should be provided at intervals of one island for approximately every 12 to 15 parking spaces. Please address. 21. Please indicate the existing and/or future recycled water systems. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. Please address. 22. Please revise the Eto to 44.0. 23. It is unclear how the MAW A total was determined. Please use the following formula with an Eto of 44.0: MAWA = (ETo)(0.62)[(0.7 x LA)+ (0.3 x SLA)]. 24. Please provide a worksheet for the ETWU for review to show how the total estimated water use was determined. Please use the following formula: 25. Please sign the statement. 26. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. 27. Please modify the slope notes as follows: Slopes-6:1 or steeper and: a) 3 feet or less in vertical height and adjacent to public walks or streets require at a minimum Standard #1 (cover crop or erosion control matting.). b) Greater than 3 feet to 8 feet in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c) In excess of 8 feet in vertical height require Standards # 1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3 and #4. Listing the plants to be used may remain. 28. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored/hatched water use plan) on the next submittal. CITY OF CARLSBAD Police Department www.carlsbadca.gov Date: July 20, 2012 To: Planning Track Desk, Planning Department From: J. Sasway, Crime Prevention Specialist and Public Information Officer, Police Subject: Palomar Place Retail Center-SOP 90-0S(G)/CDP 12-14/CUP 12-8/V 12-01 Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model national standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1. Place and design the physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, landscape trees and shrubs, fences or walls, signage and any other physical obstruction. 2. Design the placement of person and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of parking lots, walkways, entrances and exits. Natural Access Control 1. Use sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exits. 2. Use fences, walls or landscaping to prevent and or discourage public access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership or property. Maintenance 1. Use low-maintenance landscaping and lighting treatment to facilitate the principles of natural surveillance, natural access control and territorial reinforcement. lighting 1. All types of exterior doors should be illuminated during the hours of darkness, with a minimum i(~~~------~m~a~in~t~a~in~e~d~o~n~e~(:1~)f~o~o~t-~c~an~d~l~e~o~f~li~gh~t~,~m=e~a~su~r~e=d=w~i~th~i~n=a~fi~lv:e~-f~o~ot~ra~d;iu~s~~~~~wuwe~~~----------~ ~~ 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 ® ground level. 2. Recessed areas of buildings or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six (6) feet in width and are capable of human concealment, should be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This recommendation applies to defined recessed areas, which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a minimum of two (2) feet in height. 3. All exterior pedestrian walkways, interior common corridors, and open parking lots should be illuminated with a minimum maintained one (1) foot-candle of light on the walking or driving surface during the hours of darkness. 4. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 5. The parking and drive surface lighting should have a rated average bulb life of not less than 10,000 hours. 6. Accessible luminaries should have vandal resistant light fixtures and be not less than three feet in height from ground level when used to illuminate walkways and a minimum of eight feet in height from ground level when illuminating surfaces associated with vehicles. Light fixtures should be deemed accessible if mounted within fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining roof, balcony, landing, treads, platform or similar structure. Landscaping 1. To provide greater visibility, demonstration of ownership (territorial reinforcement), an enhanced pedestrian environment, and a suitable buffer with the adjoining properties, the basic landscaping theme should consist of low ground cover with a maximum height of 2 feet and canopy trees with a minimum lower canopy of 6 feet. 2. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 3. Use security landscaping in areas to deter loitering or entrance where pedestrians are not wanted. Addressing 1. Numerals should be located where they are clearly visible from the street on which they are addressed. They should be of a color contrasting to the background to which they are affixed. 2. Numerals should be no less than six inches in height, if located less than 100 feet from the centerline of the addressed street or 12 inches in height if placed further than 100 feet from the centerline of the addressed street. 3. The numerals should be illuminated during the hours of darkness. 4. The rear doors of all building should have address numbers not less than six inches in height and be of a color contrasting to the background to which they are affixed. Doors 1. Use hollow steel doors that are a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed. 2. Use only glass doors with fully tempered glass or rated burglary resistant glazing. Protect all exterior doors with security hardware. 3. Equip all doors with a latch cover constructed of steel. Ensure the latch cover is a minimum of .125 inch thick. Attach the latch cover to the outside by welding or with non-removable bolts spaced apart on not more than ten-inch centers. 4. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of pressure in both a vertical distance of three inches and horizontal distance of one inch each side of the strike, to prevent violation of the strike. 5. Equip rear doors used for shipping and receiving and employee entrances with a viewer. 6. Equip a single or double door with a double cylinder deadbolt with a bolt projection exceeding one inch or a hook-shaped or expanding dead bolt that engages the strike sufficiently to prevent spreading. The dead bolt lock shall have a minimum of five-pin tumblers and a cylinder guard. • Windows 1. Equip movable windows with security hardware and burglar resistant glazing. 2. Cover other vulnerable non-movable windows with burglar resistant glazing. Windows of commercial buildings are vulnerable to breakage during the hours of darkness when the business is non-operational especially windows within 40 inches of any door locking mechanism 3. Glaze should be constructed of either two part laminated glazing with a 0.60 inch inner layer or burglary resistant glazing Roofs 1. All skylights on the roof of any building should be provided with rated burglary resistant glazing material securely fastened with bolts that are non-removable from the exterior. 2. All hatchway openings on the roof of any building should be secured as follows: a. If the hatchway cover is of wooded material, it should be covered on the inside with at least sixteen (16) gauge steel metal or its equivalent and attached with screws. 3. All air duct or air vent opening exceeding ninety-six (96) square inches on the roof, exterior doors, or exterior walls of any building should be secured by covering the same with the following: a. Iron bars of a least number four (4) steel or equivalent, spaced no more that five (5) inches apart on center, at each direction, welded at all point of intersection, or one by one-fourth (1 X).{) inch flat steel or equivalent, spaced no more the five (5) inches apart on center, welded at all points of intersection. Alarm Systems 1. When considering an alarm system, the police department recommends a "verified system" in an effort to eliminate false alarm activations and increase breach detection. A verified system is verified through audio or visual components. 2. If considering electronic assess as a security feature, consider managed electronic access. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. Reviewed by: Jodeene R. Sasway Crime Prevention Specialist Carlsbad Police Department Shannon Werneke From: Sent: To: Cc: Subject: Attachments: David, Shannon Werneke Tuesday, November 20, 2012 5:26 PM 'daveyuw@sbcglobal. net' Don Neu; Hap L'Heureux; Glen Van Peski; Steve Bobbett; Bryan Jones Palomar Place Retail Center at Costco center SDP 90-0SG Internal Circulation 11-20-12.pdf I understand that you contacted Hap L'Heureux with traffic circulation concerns regarding the Palomar Place Retail Center (SOP 90-0SG, CUP 12-08, COP 12-14) project located within the Costco shopping center. I've consulted with the Engineering Department and attached a memo i~ response to your concerns. Please note that the project will be considered by City Council for final approval on December 4th. You are welcome to attend the hearing and voice any concerns you may have at that time. In the interim, if you have any additional questions please feel free to contact me at the number provided below. Thank you, Shannon <~if' '¥ CITY OF CARLSBAD Planning Division Shannon Werneke Associate Planner 1635 Faraday Avenue Carlsbad,CA 92008 www .carlsbadca .gov P: 760-602-4621 Shannon.Werneke@carlsbadca.gov 1 (~~ CITY OF ¥CARLSBAD Memorandum November 20, 2012 To: From: Shannon Werneke, Associate Planner Glen Van Peski, Engineering Manager Re: SOP 90-0SG/CDP 12-14/CUP 12-08, PALOMAR PLACE RETAIL CENTER- INTERNAL CIRCULATION Engineering Department staff cor~sulted with the Traffic Division of the Transportation Department regarding the internal circulation at the Costco shopping center. • Traffic engineers Darnell & Associates prepared a study dated July 3, 2012 which demonstrated that the proposed Palomar Place development will generate less traffic than the previous use as a Pat and Oscar's restaurant. • Palomar Airport Road is classified as a Prime Arterial in the circulation element of the city's General Plan. Prime arterial roads have limited access due to the need to carry large volumes of vehicular traffic. Per city standards, intersection spacing on prime arterials should be 2,600 feet or greater. The existing distance between Paseo del Norte and Armada Drive (the entrance to the Costco shopping center) is already less than 2,600 feet, so there is no room for an additional intersection on Palomar Airport Road. • The Costco shopping center has used traffic calming devices such as speed humps to slow their onsite traffic in potential conflict areas. City staff is not aware of any significant history of accidents on the Costco site. • A review of collisions at the intersection of Palomar Airport Road and Armada Drive showed minimal accidents in what is considered a safe intersection, and none of the reported accidents involved vehicles turning into the Costco shopping center. See separate memo dated November 7, 2012 for more details. • Typically with private parking lots, the retailers take the necessary steps to manage onsite circulation issues as they arise. Based on complaints they receive, any claims made for damages suffered in the parking lot, and potential loss of business by customers who refuse to navigate the parking lot, the retailers take measures to improve the situation. Staff checked with the Costco warehouse manager, who said he had not received any complaints from customers about traffic, or any reports of accidents in the Costco parking lot. Costco is a successful retailer providing goods and services in demand by Carlsbad residents. Their business provides significant sales tax and property taxes, which help fund the many amenities that residents enjoy. While Costco's success may result in some onsite traffic congestion during peak periods, it does not appear to be affecting their customers' experience significantly. If you have any further questions, please contact me at (760) 602-2783 or by email glen. va npeski @ca rlsbadca .gov. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 November 15, 2012 Re: Proposed Palomar Place Retail Center Dear Sir/Madam: CITY OF CARLSBAD NOV 19 2012 PLANNING DEPARTMENT I read in the Union Tribune on November 12, 2012 about the proposed commercial center proposed for the Costco shopping center on Palomar Airport Road. The article mentioned there was strong opposition voiced by several of the commissioners, however, several other commissioners felt it was a good idea to go forward with the development. It would seem to me those who are in favor of the development should take the time to visit that area at various times of the day. The traffic into and out of the Costco parking area is now almost impossible at times. If you add another nine tenants to the area and the traffic that will bring (if it is more successful than Pat & Oscar's), getting into and out of the area would be a major triumph. Please reconsider this development at least with the traffic situation as it is now. Carlsbad has made some very good decisions with regard to development, and it has made a few not so good. This would be a "not so good." Thank you for your consideration. Sincerely, // . ~ Je n Milam C;--n 5163 Don Ricardo Drive Carlsbad, CA 92010 (~~ CITY OF • CARLSBAD Memorandum November 7, 2012 To: From: Shannon Werneke, Associate Planner Glen Van Peski, Engineering Manager Re: SOP 90-05G/CDP 12-14/CUP 12-0SN 12-01 PALOMAR PLACE RETAIL CENTER-ACCIDENT HISTORY Engineering Department staff consulted with the Traffic Division ofthe Transportation Department regarding reported accidents at the Armada Drive/Palomar Airport Road intersection. • Between January 1, 2008 and September 30, 2012, there were four accidents in this intersection (less than one per year). );> Three of the accidents involved injuries, all classified as "Complaint of Pain", none rose to the next level of "Other Visible Injury". One of the accidents involved property damage only. );> Three of the accidents were broadside impacts, one was a rear-end impact. );> None of the accidents involved the westbound left-turn movement into the Costco center. );> The Primary Collision Factor (PCF) for three of the accidents was "Running Red Light", and the PCF for the fourth accident was "Exceeding Safe Speed." • Intersection collision rates are measured in number of collisions occurring per one million vehicles entering the intersection per year. The collision rates for the intersection are as follows: 2008 0.00 2009 0.00 2010 0.05 2011 0.05 2012 (to date) 0.10 );> An intersection is considered to be operating in an acceptable manner when the collision rate is 1.5 or below. The observed collision rate for this intersection is an order of magnitude below what is considered safe. If you have any further questions, please contact me at (760) 602-2783 or by email glen.vanpeski@carlsbadca.gov. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov ,------------------------------------- _4~.A_ C I T Y 0 F VcARLSBAD Planning Division October 16, 2012 Nick Foussaines Mission Equities 2081 Faraday Avenue Carlsbad CA 92008 SUBJECT: SOP 90-0S(G)/CUP 12-08/CDP 12-14-PALOMAR PLACE RETAIL CENTER {\,'\ ev&x d I 0 }I~ I 12-- r tl.l: ~\.lr I www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, October 24, 2012, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on October 29, 2012. A twenty (20) minute appointment has been set aside for you at 9:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least GO days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Shannon Werneke at (760) 602-4621. ['Yt DON NEU, AICP City Planner DN:SW:bd c: File Copy Frank Jimeno, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 STUDIOJe ~~CH lcCTUf'E l"ltcf'!IOHS ~L!,NNINC; Response notification to City Planning comment letters October 9, 2012 Architectural Items: 14. Please provide an existing site plan or more clearly define the existing footprint Response: We previously removed all reference to the existing building as requested by the city and we are now adding back a colored existing site plan on sheet PD100 and showing the extent of the covered outdoor dining area to be removed on the site plan. 15. Please refine the colored elevations to more accurately reflect the warmer beige stucco proposed. Response: The color has been matched to the Benjamin Moore exact color on the computer. Every printer will print the final color differently and we cannot calibrate the color to each Individual printer. We have an actual color chip on the finish board and that is the actual proposed color sample. 16. Please revise keynote #4 to note that the stucco will have a smooth finish. Response: The note has been changed as requested. 17. Please consider the incorporation of metal coping along the top edge of the stucco to tie in with the metal cap for the tower and the metal awnings Response: We have added metal cap flashing. 18. Please submit a sample of the metal proposed for the awnings and the cap of the architectural tower. Response: We are submitting a sample here in. The metal will match the metal sample previously submitted as the storefront for texture and color. 19. Please revise the cover sheet (GOO 1) as follows: a. Repeat comment. As the parking requirement changes for restaurants in excess of 2,ooo square feet (i.e. more parking required per CMC Section 21.208.100A.4) please 6568 Bluebonnet Drive Carlsbad CA 92011 t 760 994 1800 f 760 994 1820 !bcstua,o1e.corr breakdown the parking for each separate restaurant use for each building so as to avoid triggering the additional parking. Response: As this is a speculative retail development we can only show what our intent is at this time as no formal leases are signed because no approvals are in place with the city. In addition, these could change at any given time. We showed the potential location and size on sheet PD100 in the previous submittal and we also showed and calculated the Deli space. We meet the parking requirement at this time per the code and our preferred tenant layout. b. Please add wheel stops to the parking stalls in front of Building C so the cars do not project over the curb and into the walkway Response: We have added wheel stops to the drawings. c. In order to take advantage of the vehicle overhang for the central/double row of standard parking stalls, the wheel stops should be shifted to the edge of the pavement Response: The wheel stops have been moved as requested. In addition, via separate letter, the City has requested Ownership and mailing labels per section 65091 of the California Government Code; Response: It is our belief and understanding we signed and submitted all this information with the initial application and paid mailing fees at that time also. Please check your records. AHLffLANDSCAPE ARCH/TECiJRE Steven M. Ahles, CA#2538 P.O. Box 1503 Rancho Santa Fe California 92067 CITY COMMENT RESPONSES 9-14-2012, by Michael Elliot Project: Palomar Place Responses by: Ahles landscape Architecture Prepared: 10-28-12 Landscape 1-Civil background has been updated and is believed current. 2-C-Sight lines have been updated. PAR line is indicated, but not precisely engineered. Armada sight line is show, although impacted by the building location, which is set per other disciplines. 3- 4- 5- 6-Symbol indicated (some revisions to locations made). See Plan and legend. 7- 8- 9- 10~ Sight lines and affected plantings have been updated. 11~ Bio retention areas planting has been revised. 12~ Additional planting has been indicated for these areas. 13~ 14~ 15~ 16~ Trees have been added. 17~ 18~ 19~ 20~ 21~ Hatching shown on l-2. Additional colored map also provided. 22~ 23~ 24~ 25- 26- 27- 28-Informational. 1A-Additonal planting is indicated for this area. 2A-Additional tree is indicated for this area. 3A-2 additional palms provided for this area. 4A-Light standard area indicated and tress adjusted as necessary to avoid conflicts. :'v\(}t~: co I c .( I l \ 7- 1 ' LJ FILE _4~A._ CITY OF VcARLSBAD Planning Division www.carlsbadca.gov September 28, 2012 Mr. Nick Foussianes MERI Palomar Place, LLC 2081 Faraday Avenue Carlsbad, CA 92008 SUBJECT: SOP 90-0S(G)/CUP 12-08/CDP 12-14-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY /PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: [8] The project is exempt from the provisions of CEQA, pursuant to CEQA Section 15332, In-fill Development Projects. Therefore, no environmental review is required for the project. [8] A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 payable to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing tentatively scheduled for November 7, 2012. For additional information related to this CEQA applicability/process determination, please contact the project planner, Shannon Werneke, at (760) 602-4621 or shannon.werneke@carlsbadca.gov. [l?t DON NEU, AICP City Planner DN:SW:bd c: Chris DeCerbo Frank Jimeno, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® LJ FILE Planning Division September 28, 2012 Mr. Nick Foussianes MERI Palomar Place, LLC 2081 Faraday Avenue Carlsbad, CA 92008 SUBJECT: SOP 90-0S(G}/CUP 12-08/CDP 12-14-PALOMAR PLACE RETAIL CENTER Mr. Foussianes, www.carlsbadca.gov Your application has been tentatively scheduled for a hearing by the Planning Commission on November 7, 2012. However, for this to occur, you must submit the additional items listed below. If the required items are not received by October 17, 2012, your project will be rescheduled for a later hearing. 1. Please submit the following plans: A) 12 copies of your (civil and architectural site plans, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One SW' x 11" copy of the full set of plans (for attachment to staff report). These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. C) An electronic copy of the plans (civil, landscape and architectural, including colored renderings of elevations and existing and proposed site plan) in PDF format. D) One un-mounted color copy of the elevations and the existing and proposed site/landscape plan. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners list - a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot 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 equalized assessment rolls. B) 100' Occupant list -(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. C) Mailing Labels-If the number of owners within the 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 SDP 90-05(G)/CUP 12-08/CD~-14-PALOMAR PLACE RETAIL CENTER e September 28, 2012 Pa e 2 direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 100 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 ONLY. Acceptable fonts are: Arial11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 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 APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map maybe reduced to a scale acceptable to the City Planner ifthe required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that is 1,000 or greater, the fee is equal to the current cost of publishing an 1/8 page ad in two newspapers of general circulation. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, ~~ SHANNON WERNEKE Associate Planner SW:bd Att: Mailing label certification c: Oscar's Carlsbad, LLC, P.O. Box 455, Carlsbad, CA 92018 Jeff Causey, Studio i.e., 6568 Bluebonnet Drive, Carlsbad, CA 92011 Clint Fowler, Lusardi Construction, 1570 Linda Vista Drive, San Marcos, CA 92069 Steve Ahles, Ahles Landscape Architecture, 2410 Manchester Avenue, Rancho Santa Fe, CA 92091 Kamal Sweiss, K&S Engineering, 7801 Mission Center Ct., Ste. 100, San Diego, CA 92108 File Data entry • ,. I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITIED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ---------------------------- DATE:------------------------ RECEIVED BY DATE:------------------------ ML~:.£Gi q 1z g \ \ Q__ ( 1(~~ CITY OF ~~r CARLSBAD LJ FILE Planning Division September 28, 2012 Mr. Nick Foussianes MERI Palomar Place, LLC 2081 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov SUBJECT: 2nd REVIEW FOR SOP 90-0S(G)/CUP 12-08/CDP 12-14-PALOMAR PLACE RETAIL CENTER The items requested from you earlier to make your Site Development Plan Amendment, Conditional Use Permit and Coastal Development Permit, application nos. SDP 90-05(G), CUP 12-08 and CDP 12-14, complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. At this time, the City asks that you provide 4 complete sets of the development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Shannon Werneke, at (760) 602-4621, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Frank Jimeno, Associate Engineer, at (760) 602-2758. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4663. Sincerely, ~fkGJo CHRIS DeCERBO Principal Planner CD:SW:sm c: Oscar's Carlsbad, LLC, P.O. Box 455, Carlsbad, CA 92018 Jeff Causey, Studio i.e., 6568 Bluebonnet Drive, Carlsbad, CA 92011 Clint Fowler, Lusardi Construction, 1570 Linda Vista Drive, San Marcos, CA 92069 Steve Ahles, Ahles Landscape Architecture, 2410 Manchester Avenue, Rancho Santa Fe, CA 92091 Kamal Sweiss, K&S Engineering, 7801 Mission Center Ct., Ste. 100, San Diego, CA 92108 Don Neu, City Planner Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer Gregory Ryan, Fire Prevention File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ··SOP 90-ClS(G)/CUP 12-08/CD~-14-PALOMAR PLACE RETAIL CENTER e ·september 28,,2012 Pa e 2 ,. ISSUES OF CONCERN Planning: Comprehensive Sign Program: 1. Please add the addresses and APNs of the Costco and Palomar Place parcels. In addition, please add PS 99-46(A). 2. Please add names for each of the contacts listed under "Contact Information." In addition, please add Costco to the list as the company is a co-applicant for the modifications to the signage (include contact name/number as well). 3. Please revise the Purpose & Intent to identify that PS 99-46(A) is an amendment to the Costco Sign Program to incorporate signage for Palomar Place. As part of this Amendment, the monument signage for Costco will be modified to accommodate signage for Palomar Place and new wall signage will be proposed. In addition, the Costco wall signage will be included as part of the amended sign program as it was approved as part of the original sign program, but will have a legal nonconforming status. 4. The allocation for wall signage is 150 square feet per building (based on lineal building frontage facing Palomar Airport Road for Building 1 and the entrance driveway for Building 2). Please revise the tables accordingly. Please note that the "Palomar Place" awning sign counts towards the 150 square foot allocation for Building 2. The proposed area is 43.62 square feet which is deducted from 150 square feet. Please consider reducing the length and/or height of this sign to allow for a larger sign for each of the 5 anticipated tenants. 5. Pursuant to the Sign Ordinance (Table B, note 6), only two wall signs are permitted on the north elevation of Building 1 (i.e. facing Palomar Airport Road) and each sign must be spaced 75' apart. One sign is allowed on the elevation facing Palomar Airport Road for Building 2. Please revise the plans accordingly. 6. Please revise the monument signs to address previous discussions. Please note that the combined area for both signs cannot exceed 125 square feet. 7. Please revise the tables and locations of signage on Page 4 and 5 to reflect the above-noted requirements. 8. Please remove reference to actual dimensions of signage on Sheet 9 as it is unknown what the length will be for each wall sign. Please retain the reference to the 75% store frontage and the 2'0 letter height. 9. Please add additional details on Page 9 regarding the location of the signage in relationship to the top of the parapet. Specifically, all wall signs should be located a minimum of 2 feet from the top of parapet and noted on the plans. In addition, please revise the plans to reflect this as the signage is currently too close to the top of the parapet. 10. On Page 4, please delete the current reference for the Costco wall signage and replace with the following: e e SDP 90-0S(G)/CUP 12-08/CDP 12-14-PALOMAR PLACE RETAIL CENTER September 28, 2012 Pa e 3 Costco wall signage is considered to be legal non-conforming as it was approved pursuant to PS 99-46. No changes are proposed to the Costco wall signage as part of the subject amendment to PS 99-46. Please note that because the Costco monument signage is being modified, it is a part of the proposed amendment to the sign program for the shopping center. 11. Page 8, 2"d example for "Gina's Coffee", each row of letters can be 24 inches; therefore, the allowable height for two rows of words is 48 inches (instead of 24 inches which is currently shown for the overall height). 12. Please clarify whether the wall signage will be located on the wood plank siding. Is it the owner's desire that all signage be affixed to stucco? The sign program should provide instruction to prospective tenants as to where the signage should be placed. 13. Please provide a more detailed cut-out of the site plan for each monument sign and indicate on the site plan that the monument signs are existing and are proposed to be modified. In addition, please identify the distance from the driveways and demonstrate how the site distance requirements will be met for each of the revised monument signs. The increase in height and proximity to each driveway entry may adversely impact the site distance. Architectural plans: 14. Please provide an existing site plan or more clearly define the existing footprint. 15. Please refine the colored elevations to more accurately reflect the warmer beige stucco proposed. 16. Please revise Keynote #4 to note that the stucco will have a smooth finish. 17. Please consider the incorporation of metal coping along the top edge of the stucco to tie in with the metal cap for the tower and the metal awnings. 18. Please submit a sample of the metal proposed for the awnings and the cap of the architectural tower. 19. Please revise the cover page (Sheet G001) as follows: a. Repeat comment. As the parking requirement changes for restaurants in excess of 2,000 square feet (i.e. more parking required per CMC Section 21.208.100A.4), please break down the parking for each separate restaurant use for each building so as to avoid triggering the additional parking; b. Please add wheel stops to the parking stalls in front of Building C so the cars do not project over the curb and into the walkway; and c. In order to take advantage of the vehicle overhang for the central/double row of standard parking stalls, the wheel stops should be shifted to the edge of the pavement. Engineering plans 20. Please remove reference to the Variance on Sheet C-1. SDP 90-0S(G)/CUP 12-08/CDfl-14-PALOMAR PLACE RETAIL CENTER e September 28, 2012 Pa e 4 Engineering: Comments to be provided under a separate cover. Landscaping: Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern (redlines previously provided) REPEAT COMMENTS 1. Please prepare landscape plans on a 50% screen of the civil engineering plans. All grading information is to be shown along with all street names. 2nd Review: The applicant has responded: "Revised Landscape Concept Plan (CLP} is based upon digital background provided by civil engineer." It appears that the civil and architectural plans were revised and the landscape plans do not match. Please update the site plan base and revise landscaping as appropriate. 2. At a minimum, landscape plans shall include the following items: a. Completed. b. Completed. c. All vehicular sight lines, including intersection site distance corridors (see Figures 3-A and 3-B) and CaiTrans sight distance standards (i.e.: stopping sight distance). See comment 10 below. Show the vehicular sight lines at the southwest corner of Palomar Airport Road and Armada Drive along with curb line. d. Completed. e. Completed. 3-5 Completed. 6. Please identify this symbol in the legend. 7-9 Completed. 10. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. a. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. 2nd Review: The applicant has responded: "Sight lines are indicated and standards note don plan." Please revise the sight lines as appropriate staring the 25' from the beginning of curve. b. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. 2nd Review: Please revise plantings to species that will grow no higher than 30" (i.e. Callistemon 'Little John' and Dietes grow to 36"). c. Ensure that landscape elements at interior private driveway intersections do not obstruct sight lines, so that circulation and pedestrian safety can be maintained. d. Completed. e e SDP 90-05(G)/CUP 12-08/CDP 12-14-PALOMAR PLACE RETAIL CENTER September 28, 2012 Pa e 5 e. Completed. Please show and label all vehicular sight lines and insure the above requirements are met. 11. Please label tl:le Re'N bio reteRtioR treatmeRt coRtrol areas. Please Rote tl:lat tl:le civiiJ:~IaRs label tl:lese areas as FAl:llcl:l/grass. Please J:lro·.•ilite coRfirmatioR tl:lat J:lrOJ:loselit J:llaRtiRgs will J:lrovilite filteriRg as reetl:lirelit. Please Rote tl:lat tl:lese strl:lctl:lres are to be iR fl:lll workiRg orliter 13rior to obtaiRiRg ocCl:IJ:laR€'f', tl:lerefore all J:~laRtiRgs 'Nitl:liR tl:lese areas will Reelit to be fl:lll'l kRittelit iR aRlit co•JeriRg. IRsl:lre J:llaRt sizes aRlit SJ:laCiRgs are sl:lcl:l tl:lat tl:lis will be accomJ:~Iisl:lelit 13rier to reetl:lestiRg occl:IJ:laRC'/. 2nd Review: The applicant has responded: "Bio retention areas noted and treatment provided." A hybrid Bermuda grass is proposed. Bermuda grass is listed as an invasive species and is not consistent with other adjacent landscaping. Please revise to another non-invasive and compatible species (i.e. Carex, etc.) 12. It is unclear why several planting areas are specified to receive decomposed granite versus planting. It appears that the design would benefit from plantings in these areas. Please review. 13-15 Completed. 16. The Landscape Manual requires that landscaping shall be used to accentuate and enhance architecture. It is further required to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Landscaping to include shrubs and trees is Reelitelit aloRg tl:le west eRiit of tl:le Rortl:lerl'l b1:1illitiRg; a miRiFAl:IFA of 1 tree is Reelitelit aloRg tl:le 'Nest silite of tl:le easterl'l bl:lillitiRg; and a minimum of 4 additional evergreen trees are needed along the north side of the project to both soften and enhance these elevations. Please address. 2nd Review: Please provide a minimum of 4 additional evergreen trees as noted above and shown on the plans. If this cannot be accomplished off-site then it will need to be addressed on-site with site plan changes. 17-20 Completed. 21. Please indicate the existing and/or future recycled water systems. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single-family . residence or front yard irrigation on individually metered condos, shall be designed to use non- potable, treated recycled water, unless an exemption is approved by the City Utilities Department. Please address. 2nd Review: The applicant has responded: "Use of recycled water is noted on CLP, to be utilized for all landscape areas." Please provide the colored or hatched plan showing where recycled water is to be used as previously requested. This colored/hatched plan will be forwarded to CMWD for review. Any comments will be returned to the applicant. 22-27 Completed. 28. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored/hatched water use plan) on the next submittal. NEW COMMENTS SOP 90-0S(G)/CUP 12-08/CD"-14-PALOMAR PlACE RETAIL CENTER e September 28, 2012 Pa e 6 1A. The Landscape Manual requires that landscaping shall be used to accentuate and enhance architecture. It is further required to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Trees and or palms are needed in this entry/dining courtyard to enhance architectural elevations and to provide shade and softening to the pedestrian use areas. Please address. 2A. The Landscape Manual requires that landscaping shall be used to accentuate and enhance architecture. It is further required to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Please provide an additional tree in the location shown. 3A. The Landscape Manual requires that landscaping shall be used to accentuate and enhance architecture. It is further required .to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Please provide 2 additional trees and or palms along the east side of building 'B'. 4A. Please locate all light poles on the landscape plans and insure no conflicts with trees/palms or other landscaping. •• CITY OF CARLSBAD Planning Division August 1, 2012 Mr. Nick Foussianes MERI Palomar Place, LLC 2081 Faraday Avenue carlsbad, CA 92008 www .carlsbadca.gov SUBJECT: 1st REVIEW FOR SDP 90-0S(G)/CUP 3.2-08/CDP 12·14/V 12·01 -PALOMAR PLACE RETAIL CENTER Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Site Development Plan Amendment, Conditional Use Permit, Coast I Development Permit and Variance, application nos. SOP 90-0S(G), CUP 12-08, COP 12-14, and V 12-01 as to the completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project isisues of concern to staff. In order to expedite the processing of your application, the "incomplete' items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of Our application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, July 3, 2012, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Shannon Wemeke, at (760) 602-4621, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: \ \ • 1635 Faraday Avenue, carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ED ~DP 90-05(G)/CUP 12-08/CDP -4/V 12-01 -PALOMAR PLACE RETAIL &R August 1, 2012 P a 2 • Land Development Engineering Division: Frank Jimeno, Associate Engineer, at (760) 602- 2758. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4663. Sincerely, CHRIS DeCERBO Prindpal Planner CD:SW:sm Enc: Landscape redlines Fire Department comments Police Department comments Site distance exhibit Equipment screening exhibit c: Oscar's Carlsbad, LLC, P.O. Box 455, Carlsbad, CA 92018 Jeff Causey, Studio i.e., 6568 Bluebonnet Drive, Carlsbad, CA 92011 Clint Fowler, Lusardi Construction, 1570 Linda Vista Drive, San Marcos, CA 92069 Steve Ahles, Ahles Landscape Architecture, 2410 Manchester Avenue, Rancho Santa Fe, CA 92091 Kamal Sweiss, K&S Engineering, 7801 Mission Center Ct., Ste. 100, San Diego, CA 92108 Don Neu, City Planner Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer Gregory Ryan, Fire Prevention File Copy Data Entry ,------------------------------------- ~ 90-05(G)/CUP 12-08/CDP &N 12-01 -PALOMAR PLACE RETAIL c:AtR August 1, 2012 P a e 3 LIST OF ITEMS NEEDED TO COMPLETE THE APPUCATION Planning: 2. Staff has made the following determinations regarding the signage: a. Please submit a request to withdraw the proposed Variance application (V 12-01) and a refund of any unused applicable fees. Upon further discussion regarding the proposal for the Variance for offsite signage, it has been detemiined that the proposed addition to the two freestanding Costco signs does not need a Variance. The Palomar Place Retail Center will be considered part of the Costco shopping center and the proposed modifications to the signage will, therefore, be consideried on-premise signs. However, staff will only support a total combined area of 125 stivare feet (i.e. total for both monument signs, per CMC Section 21.208.1008). Please note that some flexibility may be granted as to how the sign area is measured if the wall supporting the signage is aest e I ·ve,. appropriately integrated and in iscale with the surroundings; and Completed and re unde b. Please submit a re uest to w raw e proposed Sign Program for Pa mar Place, PS 12-60, and a refund of the any unused applicable fees. It has been d termined that the only Sign Program that is needed is the amendment to the COstc9 Sign Program (PS 99-46A)) to incorporate the Palomar Place signage and modifications to the existing freestanding Costco signage. Please note that staff will consider the existing wall signage for Costco as legal nonconforming (i.e. since the current standards are more restrictive with respect to the allocation of signage). It should, h wever, still be included in the sign program. In addition, the current standards for t e freestanding signage (i.e. per Commercial Visitor-Serving Overlay Zone) will be pplied to the proposal, which includes the al ti fo 125 square feet of freestanding signage at a maximum height of 10 feet. Completed an refunded 3. The following additional information is needed for the amendment to the Costco Sign Program, PS 99-46(A). Please note that the comments pertain to both wall and freestanding signage. a. Add all information associated with the approved Costco Sign Program (i.e., including wall signs, site plan, etc.); b. Provide a more detailed/focused site plan, drawn to scale, which I identifies the location of the signage, site distance requirements, and setbacks from1the driveways and Palomar Airport Road. c. Provide photo or graphic simulations of the proposed wall and free,nding signage which more accurately reflect the proposed materials (i.e., wood, metal, stucco and overall size/dimensions of the sign. Currently the plans indicate that either wood or ~ 90-05(G)/OJP 12-o8/aA2-14N CENTER August 1, 2012 12-01 P e 4 4. metal will be utilized as a backdrop to the Costco sign. Please provide photo simulations for both options; c. Revise the elevations on Sheet SS-2 and SS-3 to clarify how the proposed area for each of the signs was arrived at. For instance, on Sheet SS-2 not all dimensions have been included on the elevations. On Sheet SS-3, it appears that the area for the "Palomar Place" wall signage is incorrectly measured. Please ensure that dimensions are included in all areas of the signs; d. If the 125 square foot limitation is exceeded for the two monument signs, please consider reducing the length of the existing freestanding Costco sign at the corner of Palomar Airport Road and Armada Drive; e. Identify which portion of the proposed freestanding signs is existing area and which is proposed; and ease s all wall signage to below the main structural roof featur redesigned the entire signage package and it is included in this resubmission 5. Please include a separate site plan (or modify the existing site plan) which shows how the circulation/drive aisles tie in with the Costco shopping center. Please also identify the location of the parking stalls (striped and shown on the plan with drive aisles) on the Costco property, which have been designated for use b .• Palomar Place. · elude a 6. 7. 8. ~aa:~~o...t~the recorded a reement on the site lan. This has been included on t e site ~-~--.. ,_~--.--/'--= Please include a separate plan which details the outdoor dinin rea ~a,n~=.,..-.~=~ , QfJ~b.~.~t is sho n on e floor plan. e do not have tables layouts from flie. potential tenants at this time ~--...._~ ~~~ -~./'-------· Please include the ~~riate.c.~rtifieati~~-§ta s o he architectural, landscape and engineering plans. All drawings are signed and stamped \,_ ' r~ . r-. -.. ""'-.·· / Please revise the cover page (Sheet G001) as follows: a. As the photos are not clear, please remove them from the cover page. Please submit the photos separately. In addition, if the quality of the site rna photo cannot be improved, please also remove this from the cover page Photos rem b. Please · rove the quality of the vicinity map and include a mor '-.....-....--....r--area; Larger and clearer c. ~as~ a · ri · i ., isting, proposed, hei$;,t, square footage, etc.); Adde~ this to drawings, was on the original application for~ als 1 d. ase'add ra _ s ~f~artd water (in GPO) facility impacts; Added to the cover sheet) e. The gross r~iidinQsA-C are provided in two different areas and the f. ~DP 90-05(G)/OJP 12-08/.2-14/V CENTER August 1, 2012 P a g e 12-01 PALOMAR PLACE &L 5 g. The square footage for the proposed project is noted in three locations on the cover page. Please clarify whether the proposed building area is 15,700 or15,900 square feet and reconcile the area on the cover page accordingly. In addition, if the project is 15,900 square feet, please revise the parking calculation accordingly.1 Assuming the number of existing stalls is accurate, there may be a ~hortage in parking (by 1 stall) if an ~di~ion~l 2~ s~~are feet n:ed: to t>E:_ parked5. Cover she~t has"been re~ised fo ,/ read 15,160 sf _ ~ ~--.. ..---. ./ /'---...,/' . ' . h. e parking requirement changes for restaurants in excess of 2,000 square feet (i.e. more parking required per CMC Section 21.208.100A.4), please breakdown the parking for each separ estaurant use for each building so as to avoid triggering the additional parkin Breakouts on cover sheet i. Please breakdown the rl< g 1 e ttl n mber of accessible, standard and compact parking stalls; and (see site P.lan and cover sheet) j. Please verify the existing o rl<t~ ed on a review of the proposed site plan, including the 16 stalls located on the Costco parcel, there are a ~ 97 exis · · s h er ee · i es that there are 96 stalls. ~-~~~=-h~e~n r~~-~: ~~~rki~g spaces 9. Please revise the floor plans to identify the anticipated location and square footage of the proposed restaurants. As there are no surplus parking spaces, pi note that ~U-be._!~o. pro ed s foo a e of estau se· The potential ( Locations indicated on Floor Plan, final tenant layout is not complete. \ .... , ___ ~--.........___~_ ~-----------------~-~- 10. Please revise the site plan as follows: a. Dimension the setbacks~_,_ ea_:~ build in at the closest and farthest point) to the closest property line~E!fi to site plan --..-----...r----~ b. Please identify the location of the compa stalls See site plan added c. The minimum area for standard parking stalls is 7 afl eet mtnimum width is 8.5 feet). Please revise the site plan to demonstrate compliance with the requirement as the current area proposed is 149.94 and 167.94 square feet. Please note that a maximum 2.5 foot overhang is allowed but it cannot encroach into any required landscaping. If an o~_~ _ _il_mu~~--~n ~ lan and the landsca e n· All space are dimensioncif 9 x 18'-11" t()'-; 1 (-~to 170 sf.~=~~ang shown o~~~ . --~ _ -~ -----~ d~ttcr~stops tn'tne--a--feawnere a zero eufl~is-proposed (see comment above which may impact placement of wheel stop).~~~~ advised t el (-::~:~~~e~tted fo~com a~ parking s~-~11-s· and Wheel s~~s adde~s/ e>-Add the freestanding signage details ( added HC signage to site plan) .•. __....___ ,---lJ,~~ evise the elevatio folio (the entire elevations are redesigned based on city ( comments see r~drawings) ----~---../"-.....-~.------~-~..-....___..---~ __ / ~-/(to Staffnas so~ab~e use of the large metal panels on the north elevation of Building C as they appear out of place and are not integrated with the building design. ese consider integrating wood pia-siding and/or additional stone to the north elevation of Building C to tie the architectural features of the development together; b. To more accurately reflect the scale of each of the design elements, including the stone and metal panels, please indicate the size of each of the metal panels and stone . SOP 90-05(G)/OJP 12-08/d14N 12-01 -PALOMAR PLACE RETAIL &R Augu& 1, 2012 P a g e 6 detail and revise the elevations to more closely represent the scale/design layout of each element; c. Consider a warmer tone for the wood, similar to the wood utilized in the Newport Beach project; d. On the south elevation, Building A/B, please ensure that all wood plank siding is colored brown as one of the features is without color; and e. Reduce the height of the wood plank features affixed to the north and west elevations of Building A/B by 2 feet and reduce the height of the signage locations accordingly as it should be located below the roofline of the building (not the architectural feature). 12. Please submit the cross sections that are referred to on the site plan. Please ensure that the cross sections include the rooftop equipment. In addition, please also demonstrate with additional cross sections and visual simulations how the rooftop equipment will be screened from Armada Drive, north of the intersection with Palomar Airport Road (i.e., as traveling south on Armada towards Palomar Airport Road). ·__..;r---~ see the attached exhibit for details on how the equipment should be screened sections added with potential HVAC equipment. __ ----~/·~ .... ___ ---------------------------__ /~ -~ -~ ... =-......-----~ 13. Please revise the landscape plan as follows: (See landscape architects comments attached) ~-----""-----__........._.~ ... ________ ----...,_ ~ -- a. Note the location of the monument sign the corn-er of Palomar Airport ROad and Armada Drive and add landscaping around the base of the sign to complement the new design of the design and the proposed Palomar Place project. Please see also see the attached Street Comer Site Clearance Exhibit from the City's Landscape Manual for details on height of landscaping as well as site distance setbacks for the sign; and b. Please coordinate with the project architect regarding the depth of the parking stall overhang needed to comply with the parking requirements and Identify it on the landscape plan. Please ensure that the overhang does not encroach within the minimum landscape requirements for planter width. In addition, please ensure that low-growing vegetation is included in the area of where the cars will be overhanging. Engineering: Comments to be provided under a separate cover. ISSUES OF CONCERN c---..,---~-------. ....r-------.......--~,·-.oons ~r ha~~.,;grej -, ~txnitta~ 1. While it is recognized and appreciated that the height of the tower has been reduced, the tower remains out of place in design and scale and does not complement the project. It appears that it is designed solely for the placement of signage, which is not permitted in the Sign Ordinance. As first presented to staff, it was noted that the tower would incorporate Kalwall blocks, similar to the photos provided for the commercial/retail development in Newport Beach. Currently, a tower is proposed with synthetic stucco, without any articulation, change in material, roof/architectural cap, stone or Kalwall. Staff ~DP 90-05(G)/OJP 12-08/~2-14N CENTER August 1, 2012 P a 12-01 7 is not opposed to the proposal for the tower; however, significant enhncements are needed to ensure that the architecture complements the design of the and it is an attractive anchor for the project. In addition, staff will consider the tower without a setback from the main footprint of Building C. However, it should be an attractive design element. Staff is supportive of what is shown in the photo for the development in Newport Beach and you are encouraged to revise the tower to resemble this tower, while still complementing the proposed design elements of Buildings A-C. In addition, staff strongly suggests that the tower should be reduced an additional 2 feet to bring the overall maximum height of the architectural features of the development to 35 feet. 2. You are encouraged to work with a professional sign company to prepae the exhibits associated with the sign program. Staff can also provide examples of mere recent s· ,..-,."""""~~m~s~__;a~s o w at it should incl de and look like. ( A professional sign company has been retained and their drawings arte attached) "·'-._. "-.... ""'--~ ,.--__.--..__ -~--./"-.__ 3. Pursuant to CMC Section 21.21.208.100(B) (1), the maximum wall sign area allowance for each of the buildings shall not exceed one square foot per lineal foot of bUilding frontage located on the lot. Per the Preliminary Review completed for this project (IRE 11-25), the lineal building frontage for the building parallel to Palomar Airport Road (i.e. Building C) shall be defined as the northern elevation; and the building frontage for the building parallel to the main access driveway (i.e., Building A/B) shall be defined as the eastern elevation. Based on the scaled floor plan provided on Sheet PD100 of thf architectural plans (floor plan), it appears that the lineal building frontage of Buildings A/Band C, which face the main access driveway and Palomar Airport Road, respectively, each have a linear building frontage of approximately 148 feet, respectively. However, the dimensions on the plans indicate a length of 150 feet. Please revise the plans to reconcile the difference and -ensure~ that all plans are drawn to ~he ~;;y---signage drawings haveheen\ -------' '\.,..----....._ -~-- ' resubmitted. Written dimensions are true. Do not scale drawings as copy machine can + not guarantee dimensions. Graphic scale may change due to copy machine all drawings J aredrawntoscale. A -.__ ~ ...------~---~ .--~ Assuming the lineal frontage is 150 feet for each building, a total of 300 square feet of wall sign area is permitted. Please note that a total of 342 square feet is currently proposed. Further, there are outstanding questions regarding how the area was calculated for two of the wall signs (see 3c above). Please revise the wall slgnage to comply with the limit of 300 square feet. Engineering: Comments to be provided under a separate (:SB& ~N~S c::pUA.It/IIT ~) Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. cover.---- · • ~ 90-0S(G)/OJP 12-08/CDP .4N 12-Q1 -PALOMAR PLACE RETAIL CE.R August 1, 2012 P a g e 8 1. Please prepare landscape plans on a SO% screen of the civil engineering plans. All grading information is to be shown along with all street names. 2. At a minimum, landscape plans shall include the following items: a. Existing conditions (grades, plants, property lines, easements, right-of-ways, drainage elements, utilities, etc.). Please label all elements; b. Potable and reclaimed service locations and lines; c. All vehicular sight lines, including Intersection site distance corridors (see Figures 3- A and 3-B) and CaiTrans sight distance standards (i.e.: stopping sight distance). See comment 10 below. Show the vehicular sight lines at the southwest corner of Palomar Airport Road and Armada Drive along with curb line; d. Proposed grading consistent with grading plans for the project; e. Indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 3. Architectural plans show this area as landscaped. Please address. 4. Architectural plans show these areas as planters. Please address. 5. Architectural plans show a walk in this location. Please coordinate architectural, civil and landscape plans. Check all areas. 6. Please identify this symbol in the legend. 7. It is recommended that a substitute be provided for the Myoporum Pacificum as this species is having problems with a thrip in the Carlsbad area. 8. Please better clarify which existing trees are to remain and which are to be removed. It is assumed that trees along Palomar Airport Road will remain. Please add a letter "R" adjacent to any tree to be removed and indicate that all other trees shall remain protected in place. 9. Please clarify that existing landscaping is to remain and to be enhanced along Palomar Airport Road to meet Landscape Manual requirements. 10. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. a. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. b. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. August 28,2012 MERI Palomar Place LLC Attn: Mr. Nick Foussianes. Principal Mission Equities Real Estate. Inc. 2081 faraday A venue Carlsbad, CA 92008 [Sent Via Email PDF] RE: #462 Carlsbad Costco Wholesale Warehouse. 951 Palomar Airport Rd. CA 92009 Palomar Place Development, 965 Palomar Airport Rd., CA 92009 MONUMENT SlGNAGE Dear Nick. Per our conversation, Costco Wholesale Corporation ("'Costco") hereby issues this statement of purpose which addresses the MERI Palomar Place, LLC ("Palomar") proposal to retrofit Costco's two existing monument signs located on Costco property. i.e., at the comer of Palomar Airport Road/ Armada Drive and at the west entryway ofCostco's property. Though Costco and Palomar need to discuss and memorialize details related to the design, maintenance, etc ofthe signs into the future, Costco generally supports the design as shown on the attached signage sketches prepared by J. Bowen Causey Studio. Sincerely. -;z:;-~ Bob Rivet. Real Estate Manager Legal Department (o) 425-313-6773 (f) 425-427-3004 (email) brivetriilcostco.com - 999 Lake Drive • Issaquah, WA 98027 • 425/313-8100 • www.costco.com ·~ l ·. \ J \ I I ! I ---_--_---.•. r< [··~~r.=:,:[[ __ ~-~~~~~_Jr' . :::::::::::::::==s:=;_;_] r:>e_ --{'-- "b-?-' --- ,;, ,.,. -----·-.. _...,:...,._ ____ _ ..=/ ;1 ir:=:::::::::r --~:::::::= __ -_i9_ --:].j I ... c___ Lc;:;:::::; -----'<--.::.J ___ ) ;:.."'E...:.U~r:e e~:w.J:N;~'\1(..,. ..;.a-..v l'f~v:;; APP ;;71.;.-..J•?~~ A-;fll'l .t"!!J;:,. ;)/:r.Ati/C· !2A"1".. ,.en>tt-, ,\$.~1/ I#OP:O ..... h' --~- t:.\'7/l.'/ ~~v .-:-· -~>'-'·'Z.~I!-~~ i· '· .·"·.:·~./~ .• :-..... -.~f!.~:f A:•:"' ;i;.-Vt!!>E; ~f..rl' .:~ ('t!:,.IV.f.•'- ~ ~,. ,{E_,"Jt,'. .. .:.'t':; ;,!- +.··. -;.'! ,:f" (£, t? ;_-:f"• I I 3 >!~f ._ A/2.F.~ t'"f'o!•151 ,.,,.~K.c-t/ff"-' .~/f' .:; /..,... 1ft"-F-t~~.;,(',.. ') .!>f'.IGtNJiL. ' I r;: ~ ri §j~ ~~ C·{ 1--f ~ -- ')o':»'-"'flo.A"l';r.,_.,, ... ~ ~' .~., :A fi ·r·1 ' , t-~"" /',J \1;& • ~·JO '•• 1 ~;: ·~l• u;r. ~:~I';~~~~~;~~; ~ h .,. ~~~~ -·'"' ~ .. 'l'llll.IC.'f1C"oo ~ .... ,,.,::.;:•; .. -;w;;- II 5 ~ ~ 3 (i! &IGNAGJ • CQ8NI8 INTIIUIICTION ~JS!.I!.,.._~ @ ~-i~_'f'G' ~ ·~INJRY ·e ~ I S. ~ ] ---... . . . c -Si-~ -~-~-~--~~~-----------------------------------------------------~-~~~-----------------~--~~~~~~--~~~~~~);;~--- ...... ~u ~-"':·~,.,.,~· e·~~ -----·----·---. '" .· '·' ~ . ' ' ITEM #l SOUTH El£VATION (PROPOSED UNDER C.U.P.) ITEM 12 ENTRY MONUMENT ITEM #4 WAll ENTRY SIGN (REMOVED) -------------------- ,: ; J ITEM IPI CORNER MONUMENT r --..:MD .-. -.· .. ·-c::· '•/. .: . : ~ : ' ·~ ' ihlltltt117~::;t.__:=._..:::::::-. ITEM #6 ITEM •a GAS STATION CANOPY 1.0. nRE CENTER (ENTRY SICN) Case No. ITEM'" TIRE CENTER (WALL SIGN) --------------------------- Exhibit No. -...JC...r::.. __ Date_ @ ;\.''--'?~8~~ ---- F!d''1:~6B . IJUl;. A/6 f'At-D~i'.. 54' A/lM#tM J!je> e,l./>l. c:. PAI..OM4f', t5t::' . S!~ ,A.t.UW'f-1./a (ti/J/41! F~,;t:.) HtWUM/!)'if' R.-.Nla · :2 6/bN8 At.UWeD :; :'J;.-1-'' i'i d"' ·'< Co;;'f"_.o S!<A'flt'd: . ------- /:Jb s.r. I:-; ', "£ • 14/PFOJED ~N /UM!Nt/«. N-.'D ~JICJL. I <11'/ I • ff.Ofi:Jt;/At'. e.v HA.'J:V1Mq':: /?) £.~($f}JJ6 ~tWtJMrfi../T" Slbti<-;; e:'»Jt'f· {S~E SS·2) ~~t._.I..,~P<·w •;•<U~.-: CJ. G~JI I :•t'I<,...TII!:fliA'$01: , .. , T~Q ,.,. tll}t il>t"/':',l>£111'1;-~.,...._Lflfl' • ._.,..j~>ei!'u~IDr.<lf!' <> > c. Q w 8 0 E <( L .. I . ! fl lr "" I)" <( i} ,, ,, I: ~~ 0 t:... ~) \' I ll <( ' 0 >{ n r " t) u --~--- <SC-:>·1 II -- -------· ------------'-=---\ ~ K~cS ENGINEERING, IN~. ~ Planning Engineering Survey1ng Responses to city comments dated July 31, 2012 by Frank Jimeno, Associate Engineer Project: Palomar Place Retail Center Project#: SOP 90-05G I COP 12-14 I CUP 12-08 IV 12-01 1. Application numbers have been added to the revised conceptual grading plan 2. Property bearings and information have been added to the revised conceptual grading plan 3. See included copy of Title Report dated March 29, 2012. 4. All easements have been reflected on the conceptual grading plan 5. Easement has been revised on conceptual grading plan 6. New site plan provided by the architect reflects the 5' offsets and its reflected on the conceptual grading plan 7. Pad elevation and earthwork information have been added to the conceptual grading plan 8. Drainage study has been revised to reflect entire project and contributing areas 9. New conceptual grading plan reflects existing improvements at the comer of property fronting Palomar Airport Road 10. To be provided by others (SEE4v.e.At 6Nar.) 11. SWMP has been revised accordingly Engineering issues 1 . To be provided by others 2. All existing and proposed water, sewer and fire services are shown on the conceptual grading plan 3. All existing FH are shown on the conceptual grading plan 4. To be provided by others. (SSE ~v• SHI!el) 780 I Mission Center Court, Suite I 00 . San Diego, California 92108 . ( 619)296-5565 . Fax ( 619)296-5564 AHLES LANDSCAPE ARCHITECTURE Steven M. Ahles, CA#2538 P.O. Box 1503 Rancho Santa Fe California 92067 CITY COMMENT RESPONSES 7-12-2012, by Michael Elliot Project: Palomar Place Responses by: Ahles Landscape Architecture Prepared: 8-28-12 Landscape 1-Revised Landscape Concept Plan (CLP} is based upon digital background provided by civil engineer. 2-All minimum requirements are believed shown. 3-This area is concrete patio. 4-Planting provided (Arctotis). 5-Walk indicated. 6-Area is existing landscape to main, to be renovated as necessary. 7-This note has been removed as the slope along Palomar Airport Road is not within the boundaries of this project. 8-Existing trees are noted to be removed unless specifically indicated to be transplanted (noted with a 'T' and numbered) or remain (noted with an 'R'). Trees near Palomar Airport Road are not shown as this area is not within the boundaries of this project. 9-No enhancement or renovation of PAR landscape proposed shown as this area is not within the boundaries of this project. 10-Sight lines are indicated and standards noted on plan. 11-Bio retention areas noted and treatment provided. 12-Shrubs are proposed for these areas. 13-See legend note. 50% 5 gallon specified. 14-New waterlines avoid existing and proposed trees. 15-New and existing utilities shown on plan. Trees and large shrubs not planted above or near utilities. 16-Planting, including trees and shrubs have been added to west side of building and throughout. 17-Vines and shrubs have been provided surrounding trash enclosure. 18-Trees, including palm transplants, have been added at parking lot rate of 1 per 4 spaces, distributed throughout the parking areas. 19-Parking lot and parking lot landscape area calculation noted. Plan exceeds 3% requirement. 20-Parking lot island provided throughout, with maximum row of 16 spaces. 21-Use of recycled water is noted on CLP, to be utilized for all landscape areas. 22-ETO revised to 44.0, water use calculation updated. 23-Worksheet with formula noted, sheet l.2. 24-Worksheet with formula noted, sheet L.2. 25-Provided. 26-Noted on ClP, L.2. Irrigation plan will address. 27-Note revised-also noted that PAR slope is not a part of property and no graded slopes are anticipated. 28-Informational. " Ai~.A_ CITY OF VcARLSBAD &(bfup ro/i~ LJ FILE Planning Division August 1, 2012 Mr. Nick Foussianes MERI Palomar Place, LLC 2081 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov SUBJECT: 1st REVIEW FOR SOP 90-0S(G)/CUP 12-08/CDP 12-14/V 12-01 -PALOMAR PLACE RETAIL CENTER Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Site Development Plan Amendment, Conditional Use Permit, Coastal Development Permit and Variance, application nos. SOP 90-0S(G), CUP 12-08, COP 12-14, and V 12-01 as to the completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, July 3, 2012, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Shannon Werneke, at (760) 602-4621, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ~DP 90-QS(G)/CUP 12-08/CD--14/V 12-01-PALOMAR PLACE RETAIL !TER August 1,, 2012 Pa e 2 • Land Development Engineering Division: Frank Jimeno, Associate Engineer, at (760) 602- 2758. • Fire Department: Gregory Ryan, Fire Inspections, at {760) 602-4663. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:sm Enc: Landscape redlines Fire Department comments Police Department comments Site distance exhibit Equipment screening exhibit c: Oscar's Carlsbad, LLC, P.O. Box 455, Carlsbad, CA 92018 Jeff Causey, Studio i.e., 6568 Bluebonnet Drive, Carlsbad, CA 92011 Clint Fowler, Lusardi Construction, 1570 Linda Vista Drive, San Marcos, CA 92069 Steve Ahles, Ahles Landscape Architecture, 2410 Manchester Avenue, Rancho Santa Fe, CA 92091 Kamal Sweiss, K&S Engineering, 7801 Mission Center Ct., Ste. 100, San Diego, CA 92108 Don Neu, City Planner Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer Gregory Ryan, Fire Prevention File Copy Data Entry .• SDP 90-0S{G)/CUP 12-08/CDP,-14/V 12-01-PALOMAR PLACE RETAIL ci-ER August 1, 2012 Pa e 3 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning:· 1. Please submit two copies of a current title report (i.e., dated within last 6 months) for the subject property. 2. Staff has made the following determinations regarding the signage: a. Please submit a request to withdraw the proposed Variance application (V 12-01} and a refund of any unused applicable fees. Upon further discussion regarding the proposal for the Variance for offsite signage, it has been determined that the proposed addition to the two freesta.nding Costco signs does not need a Variance. The Palomar Place Retail Center will be considered part of the Costco shopping center and the proposed modifications to the signage will, therefore, be considered on-premise signs. However, staff will only support a total combined area of 125 square feet (i.e. total for both monument signs, per CMC Section 21.208.1008}. Please note that some flexibility may be granted as to how the sign area is measured if the wall supporting the signage is aesthetically attractive, appropriately integrated and in scale with the surroundings; and b. Please submit a request to withdraw the proposed Sign Program for Palomar Place, PS 12-60, and a refund of the any unused applicable fees. It has been determined that the only Sign Program that is needed is the amendment to the Costco Sign Program (PS 99-46A)) to incorporate the Palomar Place signage and modifications to the existing freestanding Costco signage. Please note that staff will consider the existing wall signage for Costco as legal nonconforming (i.e. since the current standards are more restrictive with respect to the allocation of signage). It should, however, still be included in the sign program. In addition, the current standards for the freestanding signage (i.e. per Commercial Visitor-Serving Overlay Zone) will be applied to the proposal, which includes the allocation for 125 square feet of freestanding signage at a maximum height of 10 feet. 3. The following additional information is needed for the amendment to the Costco Sign Program, PS 99-46(A). Please note that the comments pertain to both wall and freestanding signage. a. Add all information associated with the approved Costco Sign Program (i.e., including wall signs, site plan, etc.); b. Provide a more detailed/focused site plan, drawn to scale, which identifies the location of the signage, site distance requirements, and setbacks from the driveways and Palomar Airport Road. c. Provide photo or graphic simulations of the proposed wall and freestanding signage which more accurately reflect the proposed materials (i.e., wood, metal, stucco and overall size/dimensions of the sign. Currently the plans indicate that either wood or SDP 90-0S(G)/CUP 12-08/CD"-14/V 12-01-PALOMAR PLACE RETAIL ci-ER August 1, 2012 Pa e 4 metal will be utilized as a backdrop to the Costco sign. Please provide photo simulations for both options; c. Revise the elevations on Sheet SS-2 and SS-3 to clarify how the proposed area for each of the signs was arrived at. For instance, on Sheet SS-2 not all dimensions have been included on the elevations. On Sheet SS-3, it appears that the area for the "Palomar Place" wall signage is incorrectly measured. Please ensure that dimensions are included in all areas of the signs; d. If the 125 square foot limitation is exceeded for the two monument signs, please consider reducing the length of the existing freestanding Costco sign at the corner of Palomar Airport Road and Armada Drive; e. Identify which portion of the proposed freestanding signs is existing area and which is proposed; and f. Please shift all wall sign age to below the main structural roof feature. 4. As development (i.e., modification to signage) is proposed on the Costco property, please submit an owner authorization letter indicating their permission to process modifications to the signage. In addition, please submit verification that the person who signs the letter is authorized to sign on behalf of Costco. 5. Please include a separate site plan (or modify the existing site plan) which shows how the circulation/drive aisles tie in with the Costco shopping center. Please also identify the location of the parking stalls (striped and shown on the plan with drive aisles) on the Costco property, which have been designated for use by Palomar Place. Please include a reference to the recorded agreement on the site plan. 6. Please include a separate plan which details the outdoor dining area and note the location of tables, etc. 7. Please include the appropriate certification stamps on the architectural, landscape and engineering plans. 8. Please revise the cover page (Sheet GOOl) as follows: a. As the photos are not clear, please remove them from the cover page. Please submit the photos separately. In addition, if the quality of the site map photo cannot be improved, please also remove this from the cover page; b. Please improve the quality of the vicinity map and include a more focused/legible area; c. Please add a project description (i.e., existing, proposed, height, square footage, etc.); d. Please add the traffic (in ADTs), waste water (in EDU) and water (in GPO) facility impacts; e. The gross floor areas for Buildings A-C are provided in two different areas and the numbers do not match; please revise the plans accordingly; f. Add the project numbers to each page of the plans; please note that the Variance is no longer required. .. SDP 90-05(G)/CUP 12-08/CDP,14/V 12-01-PALOMAR PLACE RETAIL ciTER August 1, 2012 Pa e 5 g. The square footage for the proposed project is noted in three locations on the cover page. Please clarify whether the proposed building area is 15,700 or 15,900 square feet and reconcile the area on the cover page accordingly. In addition, if the project is 15,900 square feet, please revise the parking calculation accordingly. Assuming the number of existing stalls is accurate, there may be a shortage in parking (by 1 stall) if an additional 200 square feet needs to be parked; h. As the parking requirement changes for restaurants in excess of 2,000 square feet (i.e. more parking required per CMC Section 21.208.100A.4), please breakdown the parking for each separate restaurant use for each building so as to avoid triggering the additional parking; i. Please breakdown the parking to identify the number of accessible, standard and compact parking stalls; and j. Please verify the existing number of parking stalls. Based on a review of the proposed site plan, including the 16 stalls located on the Costco parcel, there are a total of 97 existing parking stalls. The cover sheet indicates that there are 96 stalls. 9. Please revise the floor plans to identify the anticipated location and square footage of the proposed restaurants. As there are no surplus parking spaces, please note that you will be limited to the proposed square footage of restaurant use. 10. Please revise the site plan as follows: a. Dimension the setbacks from each building (at the closest and farthest point) to the closest property line; b. Please identify the location of the compact stalls; c. The minimum area for standard parking stalls is 170 square feet (minimum width is 8.5 feet). Please revise the site plan to demonstrate compliance with the requirement as the current area proposed is 149.94 and 167.94 square feet. Please note that a maximum 2.5 foot overhang is allowed but it cannot encroach into any required landscaping. If an overhang is proposed, it must be shown on the site plan and the landscape plan; d. Please add wheel stops in the area where a zero curb is proposed (see comment above which may impact placement of wheel stop). Please be advised that wheel stops are not permitted for compact parking stalls; and e. Add the freestanding signage details. 11. Please revise the elevations as follows: a. Staff has some concerns about the use of the large metal panels on the north elevation of Building C as they appear out of place and are not integrated with the building design. Please consider integrating wood plank siding and/or additional stone to the north elevation of Building C to tie the architectural features of the development together; b. To more accurately reflect the scale of each of the design elements, including the stone and metal panels, please indicate the size of each of the metal panels and stone e e SDP 90-0S(G)/CUP 12-08/CDP 12-14/V 12-01-PALOMAR PLACE RETAIL CENTER August 1, 2012 Pa e 6 detail and revise the elevations to more closely represent the scale/design layout of each element; c. Consider a warmer tone for the wood, similar to the wood utilized in the Newport Beach project; d. On the south elevation, Building A/B, please ensure that all wood plank siding is colored brown as one of the features is without color; and e. Reduce the height of the wood plank features affixed to the north and west elevations of Building A/B by 2 feet and reduce the height of the sign age locations accordingly as it should be located below the roofline of the building (not the architectural feature). 12. Please submit the cross sections that are referred to on the site plan. Please ensure that the cross sections include the rooftop equipment. In addition, please also demonstrate with additional cross sections and visual simulations how the rooftop equipment will be screened from Armada Drive, north of the intersection with Palomar Airport Road (i.e., as traveling south on Armada towards Palomar Airport Road). Please see the attached exhibit for details on how the equipment should be screened. 13. Please revise the landscape plan as follows: a. Note the location of the monument sign on the corner of Palomar Airport Road and Armada Drive and add landscaping around the base of the sign to complement the new design of the design and the proposed Palomar Place project. Please see also see the attached Street Corner Site Clearance Exhibit from the City's Landscape Manual for details on height of landscaping as well as site distance setbacks for the sign; and b. Please coordinate with the project architect regarding the depth of the parking stall overhang needed to comply with the parking requirements and identify it on the landscape plan. Please ensure that the overhang does not encroach within the minimum landscape requirements for planter width. In addition, please ensure that low-growing vegetation is included in the area of where the cars will be overhanging. Engineering: Comments to be provided under a separate cover. ISSUES OF CONCERN Planning: 1. While it is recognized and appreciated that the height of the tower has been reduced, the tower remains out of place in design and scale and does not complement the project. It appears that it is designed solely for the placement of signage, which is not permitted in the Sign Ordinance. As first presented to staff, it was noted that the tower would incorporate Kalwall blocks, similar to the photos provided for the commercial/retail development in Newport Beach. Currently, a tower is proposed with synthetic stucco, without any articulation, change in material, roof/architectural cap, stone or Kalwall. Staff J e e SOP 90-0S(G)/CUP 12-08/CDP 12-14/V 12-01-PALOMAR PLACE RETAIL CENTER August 1, 2012 Pa e 7 is not opposed to the proposal for the tower; however, significant enhancements are needed to ensure that the architecture complements the design of the development and it is an attractive anchor for the project. In addition, staff will consider the tower without a setback from the main footprint of Building C. However, it should be an attractive design element. Staff is supportive of what is shown in the photo for the development in Newport Beach and you are encouraged to revise the tower to resemble this tower, while still complementing the proposed design elements of Buildings A-C. In addition, staff strongly suggests that the tower should be reduced an additional 2 feet to bring the overall maximum height of the architectural features of the development to 35 feet. 2. You are encouraged to work with a professional sign company to prepare the exhibits associated with the sign program. Staff can also provide examples of more recent sign programs as examples of what it should include and look like. 3. Pursuant to CMC Section 21.21.208.100{B) (1), the maximum wall sign area allowance for each of the buildings shall not exceed one square foot per lineal foot of building frontage located on the lot. Per the Preliminary Review completed for this project (PRE 11-25), the lineal building frontage for the building parallel to Palomar Airport Road (i.e. Building C) shall be defined as the northern elevation; and the building frontage for the building parallel to the main access driveway (i.e., Building A/B) shall be defined as the eastern elevation. Based on the scaled floor plan provided on Sheet PD100 of the architectural plans (floor pia~), it appears that the lineal building frontage of Buildings A/Band C, which face the main access driveway and Palomar Airport Road, respectively, each have a linear building frontage of approximately 148 feet, respectively. However, the dimensions on the plans indicate a length of 150 feet. Please·revise the plans to reconcile the difference and ensure that all plans are drawn to scale. Assuming the lineal frontage is 150 feet for each building, a total of 300 square feet of wall sign area is permitted. Please note that a total of 342 square feet is currently proposed. Further, there are outstanding questions regarding how the area was calculated for two of the wall signs (see 3c above). Please revise the wall signage to comply with the limit of 300 square feet. Engineering: Comments to be provided under a separate cover. Landscaping: Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. e e SDP 90-0S(G)/CUP 12-08/CDP 12-14/V 12-01-PALOMAR PL~CE RETAIL CENTER August 1, 2012 Pa e 8 1. Please prepare landscape plans on a 50% screen of the civil engineering plans. All grading information is to be shown along with all street names. 2. At a minimum, landscape plans shall include the following items: a. Existing conditions (grades, plants, property lines, easements, right-of-ways, drainage elements, utilities, etc.). Please label all elements; b. Potable and reclaimed service locations and lines; c. All vehicular sight lines, including intersection site distance corridors (see Figures 3-A and 3-B) and CaiTrans sight distance standards (i.e.: stopping sight distance). See comment 10 below. Show the vehicular sight lines at the southwest corner of Palomar Airport Road and Armada Drive along with curb line; d. Proposed grading consistent with grading plans for the project; e. Indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 3. Architectural plans show this area as landscaped. Please address. 4. Architectural plans show these areas as planters. Please address. 5. Architectural plans show a walk in this location. Please coordinate architectural, civil and landscape plans. Check all areas. 6. Please identify this symbol in the legend. 7. It is recommended that a substitute be provided for the Myoporum Pacificum as this species is having problems with a thrip in the Carlsbad area. 8. Please better clarify which existing trees are to remain and which are to be removed. It is assumed that trees along Palomar Airport Road will remain. Please add a letter "R" adjacent to any tree to be removed and indicate that all other trees shall remain protected in place. 9. Please clarify that existing landscaping is to remain and to be enhanced along Palomar Airport Road to meet Landscape Manual requirements. 10. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. a. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. b. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. e e SDP 90-0S(G)/CUP 12-08/CDP 12-14/V 12-01-PALOMAR PLACE RETAil CENTER August 1, 2012 Pa e 9 c. Ensure that landscape elements at interior private driveway intersections do not obstruct sight lines, so that circulation and pedestrian safety can be maintained. d. landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the CaiTrans sight distance lines. e. CaiTrans sight distance lines have a horizontal and vertical component (profile). Coordinate with the civil engineer to determine the location and height restrictions within the required sight distance area. Please show and label all vehicular sight lines and insure the above requirements are met. 11. Please label the new bio-retention treatment control areas. Please note that the civil plans label these areas as mulch/grass. Please provide confirmation that proposed plantings will provide filtering as required. Please note that these structures are to be in full working order prior to obtaining occupancy, therefore all plantings within these areas will need to be fully knitted in and covering. Insure plant sizes and spacings are such that this will be accomplished prior to requesting occupancy. 12. It is unclear why several planting areas are specified to receive decomposed granite versus planting. It appears that the design would benefit from plantings in these areas. Please review. 13. Please indicate the proposed plant sizes either by number or percentage of the total quantity. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. 14. Please coordinate with civil plans, relocating the new water lines as appropriate to be installed around the existing palm trees to remain. 15. Please avoid planting trees and large shrubs above or near sewer laterals, water mains, meter boxes and other utilities. Check all areas. 16. The Landscape Manual requires that landscaping shall be used to accentuate and enhance architecture. It is further required to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Landscaping to include shrubs and trees is needed along the west end of the northerly building; a minimum of 1 tree is needed along the west side of the easterly building; and a minimum of 3 additional evergreen trees are needed along the north side of the project to both soften and enhance these elevations. Please address. 17. Evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide a planter with appropriate shrubs and tree on the west side of the trash enclosure and provide wall vines on the north side to screen the enclosure. e e SOP 90-0S(G)/CUP 12-08/CDP 12-14/V 12-01-PALOMAR PLACE RETAIL CENTER August 1, 2012 Pa e 10 18. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please address. 19. A minimum of 3% of the parking area shall be landscaped. The "parking area" includes all parking spaces and drive aisles. The plantings shall be contained in planting areas with a minimum dimension of 4' and bounded by a concrete or masonry curb of a minimum of 6" in height. The plantings shall be located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. Please provide a calculation proving the percentage of landscape area provided in the parking area. 20. Long rows of parking should be broken up with landscaped islands. Landscaped islands should be provided at intervals of one island for approximately every 12 to 15 parking spaces. Please address. 21. Please indicate the existing and/or future recycled water systems. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. Please address. 22. Please revise the Eto to 44.0. 23. It is unclear how the MAWA total was determined. Please use the following formula with an Eto of 44.0: MAWA = (ETo)(0.62)[(0.7 x LA)+ {0.3 x SLA)]. 24. Please provide a worksheet for the ETWU for review to show how the total estimated water use was determined. Please use the following formula: ETWU = (ETo)(0.62{ PF~HA + SLA) 25. Please sign the statement. 26. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. 27. Please modify the slope notes as follows: Slopes-6:1 or steeper and: SDP 90-0S{G)/CUP 12-08/CD"-14/V 12-01-PALOMAR PLACE RETAIL C~ER August 1, 2012 Pa e 11 a) 3 feet or less in vertical height and adjacent to public walks or streets require at a minimum Standard #1 (cover crop or erosion control matting.). b) Greater than 3 feet to 8 feet in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c) In excess of 8 feet in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3 and #4. Listing the plants to be used may remain. 28. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored/hatched water use plan) on the next submittal. MoiQ.Qct l )4\J'L ·FILE COPY Planning Division www.carlsbadca.gov January 4, 2012 Mr. Nick Foussianes Mission Equities 12838 Stebick Court San Diego, CA 92130 SUBJECT: PRE 11-25-PALOMAR PLACE RETAIL CENTER APN: 211-040-34 Thank you for submitting a preliminary review application to renovate and expand an existing, vacant 5,250 square foot building with a mixture of retail and restaurant uses as well as add a 7,000 square foot mixed-use building on a site located in the Costco shopping center, specifically addressed as 951 Palomar Airport Road, and more generally located on the south side of Palomar Airport Road, east of the intersection of Palomar Airport Road and Paseo del Norte. The 1.75-acre site is currently developed with a 5,250 square foot vacant structure previously-occupied by a Pat & Oscar's restaurant. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review .. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: Regional Commercial (R); b. Zoning: General Commercial with a Qualified Development Overlay (C-2-Q); c. The property is located within the Commerciai/Visitor-Ser\iing Overlay Zone, and therefore is subject to the provisions contained in Chapter 21.208 of the Zoning Ordinance; and d. The property is located within the boundaries of the Coastal Zone and is subject to the Mello II Segment of the local Coastal Program. The local Coastal Program land Use is Regional Commercial (R) and the local Coastal Program Zoning is General Commercial with a Qualified Development Overlay (C-2-Q) Zone. 2. The project requires the following permits: a. Site Development Plan (SOP) Amendment. Requires City Council approval; b. Conditional Use Permit (CUP). Requires City Council approval; c. Coastal Development Permit (COP). Requires City Council approval; and d. Sign Program-reviewed in conjunction with the Conditional Use Permit and requires City Council approval; 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ' p'~E,i:l-75 ~PALOMAR PLACIRETAIL CENTER Jcfnuary4, 2012 Page 2 3. The City is supportive of your interest in renovating the property and expanding the variety of uses at the site. Please note that the project is subject to the architectural styles outlined pursuant to CMC Chapter 21.208(F), Commercial/Visitor-Serving Overlay Zone. Although the current design does not comply with one of the two primary/suggested architectural styles (Village or Contemporary Southwest), it may qualify as an Alternative Architectural Style. Pursuant to CMC Section 21.208(F)(3}, alternative architectural styles require the approval of City Council. However, as currently proposed, staff is unable to provide clear support for this Alternative style. It is understood and appreciated that the intent of the preliminary design is to better contextually complement the existing Costco warehouse building and accessory gas station as well as maximize the visibility. However, as the property is situated adjacent to a heavily-traveled intersection and the existing and proposed buildings are located at the minimum-required setback, which is generally ideal for retail uses, staff must emphasize the importance of the incorporation of a high-quality architectural design with equal treatment, articulation, and enhancements on each of the proposed elevations. Further, because of the significant linear distance located between Costco and the proposed uses, it is not paramount that the two designs complement one another. Therefore, the current preliminary renderings of the proposed project should be redesigned to better fit the high architectural expectations of the community. The City strongly encourages you to enhance the architectural design to add additional interest, including differing roof forms, building massing, building relief/undulating facades and fenestration. Special attention should be given to the elevations which face Palomar Airport Road as well as the shared driveway. In addition, a mixture of materials and a warmer earth tone color scheme is encouraged. 4. Pursuant to Carlsbad Municipal Code (C.M.c.} Section 21.28.030, no building in the C-2 zone shall exceed a height of 35 feet and allowed architectural protrusions pursuant to C.M.C. Section 21.46.020 shall not exceed 45 feet. Additional building height up to 45 feet may be considered through the approval of a Site Development Plan approved by City Council provided the findings pursuant to C.M.C. Section 21.28.030 (a-d) can be made. In addition, please note that limitations exist with respect to the size and location of signage (please see additional discussion below). 5. All rooftop equipment shall be entirely screened from public view. As the elevation of Palomar Airport Road adjacent to the project site is approxiiY]ately 15 feet above the existing pad elevation, special attention should be given to the screening of the rooftop equipment from the street. It is recommended that all rooftop equipment be located within the allowable height as well as within a structure architecturally integrated with the design of each of the buildings. Cross sections from Palom<;~r Airport Road through the subject site demonstrating compliance with this requirement shall be submitted with the project. In addition, please ensure that the elevations take into account any anticipated ventilation features associated with the roof equipment. 6. While it appears that the proposed project may be consistent with the required setbacks, since a scaled site plan has not been provided, staff is unable to verify compliance pursuant to C.M.C. Section 21.208.100(0}. For your reference, please note that the following setbacks apply: a. Palomar Airport Road: minimum SO-foot building setback; and b. Side and rear yard: minimum 10-foot-wide landscape setback. 7. Although it is unknown at this time which restaurant tenants may occupy the proposed tenant suites, the extent of seating provided inside, or if the uses will share the same peak hours, it is staff's experience, particularly with the more recently-developed Bressi Ranch shopping center, which . -PRE 11-25-PAlOMAR PlAd KETAil CENTER January 4, 2012 Page 3 incorporates a number of restaurant uses, that the outdoor dining areas are highly utilized since the indoor seating areas are limited. Therefore, please consider increasing the size of the proposed 650 square foot outdoor dining area. Due to the parking limitations on-site and the requirement that 1 parking stall/100 square feet of gross outdoor dining area be provided, please be advised that this will result in a minor reduction in retail space. 8. The design (i.e. colors, materials, and finish) of the trash enclosures should complement the design of the proposed additions/remodel. Please include details of the enclosures with the project submittal. In addition, the location of the southern trash enclosure is located at the primary entrance into the development. From aesthetic perspective, you may wish to explore alternate locations. 9. If any outdoor employee eating/break areas are anticipated, please identify the areas on the site plan. 10. Please indicate on the site plan what will be located in the 5-foot-wide setback between the western building and the north property line. Will the area be landscaped or paved? Will additional area be needed to access the rear of the building for maintenance or will it be used by employees as a break area? 11. As no landscape details have been provided, detailed comments have not been included as part of this review. However, please be aware that additional landscaping requirements exist for properties located within the Commercial/Visitor-Serving Overlay Zone as discussed in C.M.C. Section 21.208.100(G). In addition to the requirements of the overlay zone, the project will also need to be found in compliance with the City of Carlsbad's landscape Manual. Existing landscaping will be required to be upgraded to complement the proposed additions and fa~ade remodel. Please submit a landscape and irrigation plan with the project submittal. In addition, city staff has the following comments with respect to the landscape concept: a. Due to the visibility and the highly-traveled nature of the driveways adjacent to this project, special attention should be paid to the landscaping adjacent to the east and south elevation of the existing (proposed to be expanded) pad building; b. Additional tree wells will be required throughout the parking lot, including the rows of parking stalls adjacent to the buildings. To ensure accessibility requirements are met, please include tree grates for the tree wells located adjacent to the pedestrian walkways; c. A minimum 3-foot-wide landscape planter incorporating a mixture of groundcover, shrubs and vines should be provided around all sides of the trash enclosures; and d. The Bressi Ranch shopping center and Paseo Carlsbad are good points of reference for acceptable landscape concepts. 12. Pursuant to C.M.C. Section 21.208.100(A)(4), please be advised that the parking ratio for restaurants in excess of 2,000 square feet (exclusive of outdoor dining areas) increases from one space/one hundred square feet of gross floor area to 20 spaces plus one space/fifty square feet. Therefore, due to the lack of e:xcess parking stalls on-site (i.e., only 79 parkipg stalls are provided on-site), the size of the restaurant proposed as part of the existing vacant buildihg renovation should be limited to 2,000 square feet (or the gross floor area of the retail uses should be reduced to offset the required number of parking stalls). However, should a financial institution be included in the mix of uses with the center, 13. If deemed necessary, up to 25% of the parking provided on-site can be designated as compact parking stalls (8 feet wide x 15 feet deep). PRE 11-25-PALOMAR PLA.ETAIL CENTER January 4, 2012 Page 4 14. Please be aware that the project's location within the Commercial/Visitor-Serving Overlay Zone subjects it to special project site notification requirements. Please review C.M.C. Section 21.208.090 to become familiarized with these special noticing requirements. 15. Pursuant to CMC Section C.M.C. Section 21.208.100(8), a Sign Program for the wall and monument signage shall be processed as part of the Conditional Use Permit. Please refer to C.MC. Section 21.41.060 for the requirements and details on Sign Programs. In addition, please note that the following criteria apply: a. Pursuant to CMC Section 21.21.208.100(8) (1), the maximum wall sign area allowance for each of the buildings shall not exceed one square foot per lineal foot of building frontage located on the lot. Building frontage for the 7,000 square foot building parallel to Palomar Airport Road shall be defined as the western elevation of the building; building frontage for the 7,700 square foot building parallel to the main access driveway shall be defined as the eastern elevation. b. Pursuant to CMC Chapter 21.41, the maximum wall signage letter height for buildings which range in size from 3,500-10,000 square feet is 30 inches; c. Pursuant to CMC Chapter 21.41, wall signs shall be located below the roof eaveline and are not allowed on any parapet or equipment enclosure; d. Pursuant to CMC Chapter 21.41, the width of any wall sign shall not exceed 75% of the width of the building frontage or lease space which the sign is associated with; e. In the preliminary review meeting with you on December 15, 2011, the possibility of modifying/expanding the existing Costco monument sign located offsite at the easterly entrance to accommodate freestanding signage for the proposed retail buildings was discussed. Upon further research, it has been determined that the request can be considered as a component of the proposed Sign Program for this project. However, please note that the Costco sign area will be limited to 20 square feet to comply with the sign program for Costco. In addition, the overall area of the sign cannot exceed 125 square feet and the overall height of the sign cannot exceed 10 feet (current dimensions of sign is 8 feet wide x 6 feet tall); and f. Approval from a representative authorized to sign on behalf of Costco shall be submitted for the modifications to the freestanding sign with the application for the Sign Program. 16. Please note that in accordance with C.M.C. Section 21.208.100(E), building materials and colors are part of the discretionary review process. As such, a color materials sample board no larger than 9" x 12" will need to be submitted with any formal submittal. In addition, please be advised that metal awnings or canopies are not allowed. 17. Decorative paving for an area of at least 900 square feet (30' x 30' area) will need to be included in each primary approach driveway per C.M.C. Section 21.208.100(D). The decorative paving shall be depicted on the landscape plans submitted with the project. 18. The site plan submitted with the application shall identify the location of the 16 parking stalls identified as being available to utilize on the Costco property (identified as "Price Parcel") pursuant to Exhibit D of the Covenant, Conditions and Restrictions Agreement recorded on June 28, 1995, (Doc# 1995-0272061). 19. Review of the project against the McClellan-Palomar Airport Land Use Compatibility Plan (Adopted January 25, 2010, Amended March 4, 2010) revealed the following: a. Project site is located inside of the 60-65 db CNEL noise exposure range per Exhibit 111-1 - Compatibility Policy Map: Noise. Commercial retail sales and restaurants are considered compatible inside of the 60-65 db CNEL noise exposure range. e PRE 11-25-PALOMAR PLAd. KETAIL CENTER ~- January 4, 2012 Page 5 b. Project site is located entirely outside of the Zone 6 -Traffic Pattern Zone per Exhibit 111-2 - Compatibility Policy Map: Safety. · Commercial retail sales and restaurant uses would be considered compatible outside of Safety Zone 6. There are no floor area ratio (F.A.R.) restrictions. c. Project site is located within the Federal Aviation Administration (FAA) Height Notification Boundary. More specifically, the project site is located within the 481' MSL horizontal surface elevation contour and the 525' MSL conical surface elevation contour of Exhibit 111-3 - Compatibility Policy Map: Part 77 Airspace Protection. A FAA FAR Part 77 will be required. d. Project site is located within the Overflight Notification Area per Exhibit 111-4 -Compatibility Policy Map: Overflight. However, pursuant to the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) Policy 3.6.3(c), "recordation of an overflight notification document is not required for non-residential development." e. Project site is located within Review Area #1 of the Airport Influence Area per Exhibit 111-5 - Compatibility Policy Map: Airport Influence Area. Review Area #1 consists of locations where noise and/or safety concerns may necessitate limitations on the types of land use actions. As noted in subsections a) and b) above, commercial retail sales and restaurants are considered compatible with no restrictions or special requirements. f. Project is located outside of the Avigation Easement Area, but is within the Overflight Notification Area per Exhibit 111-6 -Compatibility Policy Map: Avigation Easement Area and Overflight Notification Areas. However, as noted in subsection d) above, pursuant to the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) Policy 3.6.3(c), "recordation of an overflight notification document is not required for non-residential development." g. In accordance with the McClellan-Palomar ALUCP Chapter 2 -Policy 2.6.2, the project will require an Airport Land Use Commission review and determination of consistency. A copy of a completed FAA Part 77 shall accompany an "Application for Determination of Consistency". 20. This preliminary review does not constitute a complete review of the proposed project and additional items. of concern may be identified upon formal project application submittal. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or on line at www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. Land Development Engineering: Land Development Engineering Division staff has completed a preliminary review of the above-referenced project. Prior to formal application submittal the following items must be adequately resolved/addressed: 1. The formal project must demonstrate compliance with city's Standard Urban Storm Water Mitigation Plan (SUSMP) requirements. The application will require completion of a Stormwater Standards Questionnaire. This questionnaire will guide you and the City in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire can be printed from the following website link: http://www.carlsbadca.gov/engineering/chklstpdf/stormwater-qstnn.pdf. A cursory staff review of the checklist suggests that the project may not be a Priority Development Project, and only be subject to standard stormwater requirements. This is from a preliminary review and must be validated by filling out the questionnaire mentioned above, and assumes that new development is completely within existing impervious areas. · I PRE 11-25-PALOMAR PLA.ETAIL CENTER January 4, 2012 Page 6 2. Additional Low Impact Design should be considered. Flow thru planters, filter type tree wells or landscape islands should be used to comply with current SUSMP requirements. 3. On the formal site plan indicate the ADT (traffic), EDU's (sewer), GPM (potable water), and GPM (recycled water) generated or required by the proposed development. If this project proposes increases in traffic (per SANTEC guidelines), a traffic study may be necessary to. address capacities to adjacent roadway segments and intersections. As discussed in our meeting with the applicant, the proposed project volume of traffic appears to be less than the existing volume approved more than 10 years ago. 4. On the site plan, indicate the volume of grading (cut, fill, import, export, remedial) proposed for the project in cubic yards. 5. Additional sewer services, water laterals, meters, fire hydrants and grease interceptors may be required. Anticipating these facilities will, in the long run, expedite the processing of final design plans and permits. 6. Revise the site plan (or include an additional sheet to the exhibits) to show the path for delivery and fire trucks. Show how the vehicles enter and exit the site. Show inside and outside tracks throughout the project at critical turns. For these large vehicles, use a 40-foot turning radius per Figure 404.5F of the California Department Highway Design Manual. 7. Revise the site plan to show/callout the location of all trash bins, and design bin enclosures per City Standard GS-16. 8. Revise the ninety degree corner parking stalls so they include a 5-foot offset to allow cars to back-up in the event the other car overhangs the stall. 9. Show the use of reclaimed water for irrigation purposes. There is a reclaimed water main stubbed to this property from the Costco driveway near Palomar.Airport Road. 10. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinklers, etc.). All proposed fire hydrants must be served by public water mains. 11. A recent Preliminary Title Report (PR) issued within 6 months of formal application submittal will be required for the proposed project. If there are existing easements that are not plotted on these plans, there may be significant changes to this proposed concept in order to avoid conflicts. All easements and encumbrances as identified in Schedule "B" of the PR must be indicated on the site plan. This preliminary review does not constitute a complete review of the proposed project and additional items of concern may be identified upon formal project application submittal. Fire Department: Please note that Fire Qepartment comments will follow under.separate cover. e PRE 11-25-PALOMAR PLAcE KETAIL CENTER (. January 4, 2012 Page 7 · If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Shannon Werneke at the number below. You may also contact each department individually as follows: • Planning Division: Shannon Werneke, Associate Planner, at (760) 602-4621. • Land Development Engineering: Clyde Wickham, Associate Engineer, at (760) 602-2742. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4663. Sincerely, CHRIS OeCERBO Principal Planner CD:SW:bd c: Oscar's Carlsbad, LLC, P.O. Box 455, Carlsbad, CA 92018 Gary Barberio, Community & Economic Development Director Don Neu, City Planner Chris DeCerbo, Principal Planner Clyde Wickham, Project Engineer Gregory Ryan, Fire Prevention Bill Plummer File Copy Data Entry