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CUP 90-03D; Costco Cooler Addition; Conditional Use Permit (CUP) (2)
^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPUED FOR; (CHECK BOXES) Devaloomant Permits • Administrative Permit CoaaUl OeSelopmeTit Permit (*) Conditional Usa Pennit (*) inof CD Minor [U Extension Q Environmental Impact Assesamant 0 Habitat RAanagement Permit CU Minor n Hillside Development Permit (') 1 I Planned Development Permit CU Residential CD Non-Residential r~l Planned industrial Permit [^Planning Commission Detemiination Ql^ite Development Plan^4^'\7Vl^'^ D Special Use Permit CD Tentative Tract i\/iap CD Variance CD Administrative (FOR DEPT use ONtY) Legislative Permits CD General Plan Amendment CD Local Coastal Program Amendment (*) CD iWasterPlan CD Amendment CD Specific Plan CD Amendment O Zone Change (*) CD Zone Code Amendment (FOR DEPT. USE ONLY) South Cartsbad Coastal Review Area Permits Q Review Permit CD Administrative [_D Minor Q Major ^^^^Q Oh Wvillaaa Review Area Parmits CD Review Permit CD Administrative CD Minor CD Major (*) = eligible for 25% discount NOTE: A PROPOSED PRO^CT REQUIRINO MULTIPLE APPLICATIOMS MUST BE SUBMnTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BC aUBMITTEO PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: {^1 ^ I'W-^ OA-Q "'bi^ OO PROJECT NAME; BRIEF DESCRIPTION OF PROJECT: "2- P^^ft'^fc Peoj-gd To A Coo Logu A^MP BRIEF LEGAL DESCRIPTION: TWcBL^ ^ H^f llS^'l oF BAp . LOCATION OF PROJECT: ON THE: SIDE OF (NORTH, SOUTH, EAST. WEST) STREET ADDRESS (NAME OF STREET) BETWEEN FM^O XkX Ihr^ AND hfrfMKLrK Or". (NAME OF STREET) (NAME OF STREET) P-1 Pane 1 of 8 i OWNER NAME (Print): C^Dr^^ WaoU'S^LE MAILING ADDRESS: OiC{(\ IM^ PT CITY. STATE, ZIP: l/^AQa^l4 V^^^^i TELEPHONE: ijOJh ^<^[^f^0O EMAIL ADDRESS: va^ftTn-Qe^VCf .^ .c .^>^ APPLICANT NAME (Print): Gyb?rCO U}^k>LeSALg- MAILINGADDRESsCfc MUWATJM^ ^^^i^GCCts CITY.STATE.ZIP: 1826^ VIP4 ^^^^ilgf TELEPHONE: "^Xf^^lN^e . CA ^2U>\7. EMAIL ADDRESS: q^O^-loS-Cn\^ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AlW THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE 0^ DATE SIGNATURE DATE ^ APPLICANT'S REPRESENTATIVE (Print): ^Jttrx ^bWaLH-«k - HaLvjA<i^ljq Ca^ Koo^lXWCXy^QJE MAILING ADDRESS: \ftZOg> \(oA Vl/Vg.lA£Ni ^ ^[O CITY. STATE. ZIP: -X^g. , qT-G^j-Z- TELEPHONE: ^c^^ -lo&- (5^\g\ EMAIL ADDRESS: ^\vfy\ . Slra'(\a.'Ct^ g. yAaL.OayNy\v( <52. to'v^ THE LEGAL REPRESENTATIVE OF THE THE ABOVE INFORMATION IS TRUE AND MY KNOWLEDGE, DATE" IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. lAA/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPEfi^ OWNER SIGNATURE FOR CITY USE ONLY RECEIVED MAR 1 if 2C!3 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED 8Y: P-1 Page 2 of 6 Revised 06/12 ^ PROJECT Development Servicp^ <r DESCRIPTION ~" Planning Division CITY OF P.l/R) 1635 Faraday Avenue TAR I SRAD (760)602 4610 \.^rKr\\-J\-fr^iy www.carlsbadca.gov PROJECT NAME: C.O^CJO VJWole«ba\e Cooler- ftJci i Ai^^y-^ APPLICANT NAiy/IE: CO^THJO \<L2)W D\ee>o^^«g-. 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 an/ background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: A M6VU l6l^ ^v^<2^u^i^v> T=Lc?<p^ A"C>t>iTioj4 . TVA(S AvPli t-hc>(s4 vqiU^ "Be &1c.\w4C "tivAK^Di^^Q "^v^tfib TWe 12-E?:i<% Vv.\C4^g»^e- OF ^15t?F-. P-1(B) Pagel ofl Revised 07/10 DISCLOSURE Development Services <? STATEMENT planning Oiylslon CITY OF P AtAX 1635 Faraday Avenue r*ADl CRAH »W (760)602 4610 V^r\l\LODrAL/ 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 infonmation is completed. Please print. Note: Person is defined as "Any individual, firni, co-partnership, joint venture, association, social club, fratemal 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" Agent* may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETp. 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 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a Publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Co^rco toa<:>\6^<vijft r.-.tLOf>w^.'.vJ Title Title . Address Address W > ts\ft^aiv\^ uaft Hbo^•^J- 2 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e.. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part C cfSr( n \tfV:hiv,if'Sfv\ g r on/Pnvwn olO Title Title Address Address Uft^u^ Y^mue . \^iftv>>um4 ^^'W P-l(A) Page lof 2 Revised 07/10 NON-PROFtT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust _„ Non Profit/Trust Title Title Address Address 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? Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is tnje and correct to the best of my knowledge. Signature of 0|>^er/date Signature of apettcant/date Print or type name of owner Cjo*u>oA>*vT\orJ Print or type name of applicant Cjou*oYv«i\c>r-* Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 VICE PRESIDENTS Jeffrey Abadir Operations - Bay Area Region Sandi A. Babins GMM - Foods & Sundries - Western Canada Region Bryan Blank Operations - San Diego Region Christopher Bolves Operations - Northwest Region Alan Bubitz GIVIM - Balcery, Service Deli and Food Court Deborah Cain GIVIIVI - Foods - Northiwest Region Deborah Calhoun GIVIIVI - Foods - San Diego Region Patricia Cailans Human Resources & Risk Management Mike Casebier Operations - San Diego Region Richard Chang Country Manager - Taiwan Jeffrey M. Cole Gasoline, Car Wasii & 1-Hour Photo Julie L. Cruz Operations - Southeast Region Wendy Davis Operations - Midwest Region Richard Delie GMM - Corporate Non-Foods Gerard J. Dempsey Operations - Southeast Region Preston C. Draper Country Manager - Korea John T. Eagan GMM - Foods - Los Angeles Region Frank Farcone Operations - Los Angeles Region Timothy K. Farmer GMM - Corporate Non-Foods Christopher E. Fleming Operations - Western Canada Region Murray T. Fleming GMIVI - Hardllnes - Canadian Division Jack S. Frank Real Estate Development - West Lorelle S. Gilpin Marketing - Canadian Division Joseph Grachek Hi Merchandise Accounting Controller Darby Greek Operations - Bay Area Region Nancy Griese GMM - Corporate Foods Isaac Hamaoui GMM - Hardlines - Canadian Division William Hanson GMM - Foods - Midwest Region Doris E. Harley GMM - Foods - Southeast Region David Harruff Operations - Northwest Region Timothy Haser Information Systems James Hayes Operations - Northwest Region Graham E. Hillier GMM - Ecommerce - Canadian Division Daniel M. Hines Financial Accounting Controller Mitzi Hu GMM - Imports Ross A. Hunt Human Resources, Finance & IS - Canadian Division Jeff Ishida Real Estate - Eastern Division Arthur D. Jackson, Jr. Administration & Community Giving Harold E. Kaplan Corporate Treasurer James Klauer GMM - Corporate Non-Foods Gary Kotzen GMM - Corporate Foods Paul Latham Membership, Marketing, Services & Costco Travel Robert Leuck Operations - Northeast Region Gerry S. Liben GMM - Anclllarles - Canadian Division Phil Lind Business Centers Steve Mantanona GMM - Merchandising - Mexico Tracy Mauldin-Avery GMM - Corporate Foods - Global Sourcing Mark Maushund Operations - Los Angeles Region Susan McConnaha Operations - Bakery & Food Court Dan McMurray Operations - Midwest Region David Messner Real Estate Development John Minola Corporate Counsel Sarah Mogk Operations - Depots Tim Murphy GMM - Foods - Bay Area Region Robert Murvin GMM - Foods - Texas Region Robert E. Nelson Financial Planning & Investor Relations Pietro Nenci GMM - Corporate Foods - Canadian Division Court Newberry Ecommerce Merchandising Patrick J. Noone Country Manager-Australia Richard J. Olin Legal, General Counsel Mario Omoss Operations - San Diego Region Frank Padilla GMM - Corporate Produce & Fresh Meat Stephen M. Pappas Country Manager - United Kingdom Shawn Parks Operations - Los Angeles Region Michael Parrott GMM - Corporate Non-Foods Michael D. Pollard Ecommerce Operations Steven D. Powers Operations - Southeast Region Paul Pulver Operations - Northeast Region Aldyn J. Royes Operations - Southeast Region Yoram Rubanenko Operations - Northeast Region James Rutherford Information Systems Chris Rylance Information Systems Drew Sakuma Operations - Bay Area Region Janet Shanks GMM - Fresh Foods - Canadian Division Louie Sllveira Operations - Midwest Region David L. Skinner Operations - Eastern Canada Region James Stafford GMM - Foods - Northeast Region Richard Stephens Operations - Pharmacy Kimberley L. Suchomel GMM - International John Sullivan Associate General Counsel & Chief Compliance Officer Gary Swindells Country Manager - France Mauricio Talayero Chief Financial Officer - Mexico Ken J. Therlault Country Manager - Japan Keith H. Thompson Construction Adrian Thummler Operations - Mexico Diane Tucci Operations - Eastern Canada Region Scott H. Tyler Operations - Western Canada Region Azmina K. Virani GMM - Non-Foods - Canadian Division Richard Webb Operations - Texas Region Jack Weisbly GMM - Corporate Non-Foods Shannon West GMM - Corporate Non-Foods Rich Wilcox Operations - Northeast Region Craig Wilson Food Safety & Quality Assurance Charlie A. Winters Operations - Fresh Meat, Produce & Service Dell 76 DIRECTORS AND OFFICERS BOARD OF DIRECTORS Jeffrey H. Brotman Chairman of the Board, Costco Dr. Benjamin S. Carson, Sr., M.D.<i>)' Professor and Director of Pediatric Neurosurgery, Johns Hopkins Medicine Susan L. Decker*') Former President of Yahoo! Inc. Daniel J. EvanscX") Chairman, Daniel J. Evans Associates; Former U.S. Senator and Governor of the State of Washington Richard A. Galanti Executive Vice President and Chief Financial Officer, Costco William H. Gates<<=>' Co-Chair of the Bill and Melinda Gates Foundation Hamilton E. James President and Chief Operating Officer, The Blackstone Group W. Craig Jelinek President and Chief Executive Officer, Costco Richard M. Libenson A Founder, former Director and Executive Officer of The Price Company John W. Meisenbach President of MCM, A Meisenbach Company Charles T. MungerOH") Vice Chalman ofthe Board of Berkshire Hathaway, Inc.; Chairman of the Board of Dally Journal Corporation Jeffrey S. Raikes CEO of the Bill and Melinda Gates Foundation Jill S. Ruckelshaus<»)«=) Director, various non-profit organizations James D. Sinegal Co-Founder, former President and CEO, Costco Board Committees (a) Audit Committee (b) Compensation Committee (c) Nominating and Governance Committee * 2012 Committee Chair EXECUTIVE AND SENIOR OFFICERS Joel Benoliel Senior Vice President, Administration & Chief Legal Officer Andree T. Brien Senior Vice President, National Merchandising - Canadian Division Jeffrey H. Brotman Chairman of the Board Donald E. Burdick Senior Vice President, International Ecommerce Roger A. Campbell Senior Vice President, General Manager - Southeast Region Richard C. Chavez Senior Vice President, Costco Wholesale Industries & Business Development Victor A. Curtis Senior Vice President, Pharmacy John B. Gaherty Senior Vice President, General Manager - Midwest Region Richard A. Galanti Executive Vice President, Chief Financial Officer Jaime Gonzalez Senior Vice President, General Manager - Mexico Bruce Greenwood Senior Vice President, General Manager - Los Angeles Region Robert D. Hicok Senior Vice President, General Manager - San Diego Region Dennis A. Hoover Senior Vice President, General Manager - Bay Area Region W. Craig Jelinek President and Chief Executive Officer Dennis E. Knapp Senior Vice President, Merchandising - Non-Foods Franz E. Lazarus Executive Vice President, Administration Jeffrey R. Long Senior Vice President, General Manager - Northeast Region Jeffrey Lyons Senior Vice President, Merchandising - Fresh Foods John Matthews Senior Vice President, Human Resources & Risk Management John D. M<:Kay Executive Vice President, COO - Northern Division Russell 0. Miller Senior Vice President, General Manager - Western Canada Region Ali Moayerl Senior Vice President, Construction Paul G. Moulton Executive Vice President, Chief Information Officer James P. Murphy Executive Vice President, International David S. Petterson Senior Vice President, Corporate Controller Joseph P. Portera Executive Vice President, COO - Eastern & Canadian Divisions and Chief Diversity Officer Pierre Riel Senior Vice President, General Manager - Eastern Canada Region Ginnie Roeglln Senior Vice President, Ecommerce & Publishing Timothy L. Rose Senior Vice President, Merchandising - Foods & Sundries Douglas W. Schutt Executive Vice President - Merchandising John D. Thelan Senior Vice President, Operations - Depots Ron M. Vachris Senior Vice President, General Manager - Northwest Region Thomas K. Walker Executive Vice President, Construction, Distribution & Traffic Louise M. Wendling Senior Vice President, Country Manager - Canada Dennis R. Zook Executive Vice President, COO - Southwest Division & Mexico 75 C I T y O F CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.c3rlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962,5) Pursuant to State of California Govemment 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): 0^ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. Q The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 6S962.5 of the State Government Code. APPLICANT Cl PROPERTY OWNER iMame:v-^^-Tc;^ VAJ'^vjc-yp.uJc- Name: '^TEJO \A CA-O Le^^aU,^ Address:^^^ t4^LV<VKJMH ^"2 Ae^ftgrTOgg Address: U^yLe Vi Phone Number: ^^^-^c^ -ol^^ Phone Number ^ 4^ - ^\?>' feloQ Address of Site: 'F^LoHlMP-. ^e-pogr^ Local Agency (City and Countv): O.M:2-A'=b t^><0 ^ 'X^&Uo OH. Assessor's book, page, and parcel number:_ Specify list(s):. Regulatory Identification Number:_ Date of Ust t~^}N Applicanf Date Property Owner Si^ture/Date The HazaixJous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developera to comply with the California Environmental release sites. P-t(C) Page 1 of 2 Revised 07/10 y\ HAZARDOUS WASTE Development Ser.ir.. CIT Y O F V AND SUBSTANCES Planning Division CARLSBAD^>J> STATEMENT '''''^Z^'Z P-1(C) wv»w.carl$badca.gov Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [refenred to as the Cortese List] makes reference to the preparation of a "list." many changes have occurred related to vwb-based infonnation access since [the amended statute's effective date in] 1992 and this infonnation is now largely available on the Intemet sites of the responsible organizations. Those requesting a copy of the Cortese "list' are now referred directly to the appropriate infonnation resources contained on the Intemet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain infbmnation regarding hatardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.qov/sitecieanup/CorteseList/default.htm www, catepa. ca. qov/database/calsltes www, envirostor. dtsc. ca. aov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.aov/ County of San Diego Department of Environmental Health Services wvw.co.san-dieao.ca.us/deh Hazardous Materials Division wvyw.sdcountv.ca.aov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.aov/suDerfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/supert'und/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 07/10 City of Carlsbad Faraday Center Faraday Cashiering 001 1307301-2 03/14/2013 98 Thu, Mar 14, 2013 04:01 PM Receipt Ref Nbr: R1307301-2/0041 PERMITS - PERMITS Tran Ref Nbr: 130730102 0041 0045 Trans/Rcpt#: R0094054 SET #: CDP13005 Amount: 1 @ $956.00 Item Subtotal: $955.00 Item Total; $956.00 PERMITS - PERMITS Tran Ref Nbr: 130730102 0041 0047 Trans/Rcpt#; R0094055 SET #: CIJP9003D Amount: 1 i $2,328.00 Item Subtotal: $2,328.00 Item Total: $2,328.00 PERMITS - PERMITS Tran Ref Nbr: 130730102 0041 0048 Trans/Rcpt#: R0094056 SET #: SDP9005H Amount: 1 @ $3,205.68 Item Subtotal; $3,205.58 Item Total: $3,205.68 3 ITEM(S) TOTAL: $6,499,68 Check (Chk# 5573800) $5,499.58 Total Received: $6,499.68 Have a nice day! **:(:***********[;USTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Receipt Number: R0094054 Transaction ID: R0094054 Transaction Date: 03/14/2013 Pay Type Method Description Amount Payment Check 966.00 Transaction Amount: 966.00 Applicant: COSTCO WHOLESALE C/O MULVANNY G2 ARCHITECTS Description Amount CDP13005 966.00 951 PALOMAR AIRPORT RD CBAD City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Applicant: COSTCO WHOLESALE C/O MULVANNY G2 ARCHITECTS Description Amount CUP9003D 2,328.00 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0094055 Transaction ID: R0094055 Transaction Date: 03/14/2013 Pay Type Method Description Amount Payment Check 2,328.00 Transaction-Amount: 2, 328.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! 11 Applicant: COSTCO WHOLESALE Description Amount SDP9005H 3,205.68 951 PALOMAR AIRPORT RD CBAD Receipt Number: R0094056 Transaction ID: R0094056 Transaction Date: 03/14/2013 Pay Type Method Description Amount Payment Check 3,205.68 Transaction Amount: 3,205.68 Form No. 1068-2 ALTA Plain Language Commitment Hitment No.: NCS-CWP-462-WAl Page Number: 1 November 07, 2012, Updated First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800 Seattle, WA 98101 November 07, 2012 Gail Tsuboi Costco Wholesale 999 Lake Drive Issaquah, WA 98027 Phone:(425)313-8100 Fax: (425)313-8114 Customer Reference: WH#462 Carlsbad, CA Title Officer: Phone: Fax No.: E-Mail: Chantale A. Stiller-Anderson (206)448-6286 (866)678-0584 cstiller@firstam.com Buyer: Property: Costco Wholesale Corporation 951 Palomar Airport Road, Carlsbad, CA Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company Form No. 1068-2 CommitmWPWo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 2 First American Titie Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B-1 - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COI^MITMENT VERY CAREFULLY. If you have any questions about tlie Commitment, please contact the issuing office. First American Title Insurance Company Form No. 1068-2 Cliffiltment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Titie Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. First American Title Insurance Company Form No. 1068-2 ALTA Plain Language Commitment CommitmSWo.: NCS-CWP-462-WAl Page Number: 4 SCHEDULE A 1. Commitment Date: November 01, 2012 at 7:30 A.M. 2. Policy or Policies to be issued: Amount $To Be Determined $To Be Determined (A) To Be Determined Proposed Insured: To Be Determined (B) To Be Determined Proposed Insured: To Be Determined (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: Costco Wholesale Corporation, a Washington Corporation successor by merger to the Price Company, a California Corporation The land referred to in this Commitment is situated in the City of Carlsbad, County of San Diego , State of California, and is described as follows: First American Title Insurance Company Form No. 1068-2 Commitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 5 PARCEL B AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 499 AS EVIDENCED BY DOCUMENT RECORDED NOVEMBER 25, 1997 AS INSTRUMENT NO. 1997-0597508 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 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, EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID PARCEL MAP NO. 17542; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 SOUTH 02° 08' 33" WEST 136.08 FEET (NORTH 02° 10' 50" EAST 136.00 FEET PER SAID PARCEL MAP 195) TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 2 SOUTH 87° 54' 08" EAST 250.43 FEET; THENCE NORTH 02° 11' 15" WEST 133.85 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SAID PALOMAR AIRPORT ROAD; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 87° 50' 34" WEST 40.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2.325.00 FEET; THENCE WESTERLY ALONG SAID CURVE 88.68 FEET THROUGH A CENTRAL ANGLE OF 02° 11' 07" TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 260.00 FEET A RADIAL LINE OF SAID CURVE BEARS SOUTH 00° 00' 33" EAST; THENCE WESTERLY ALONG SAID CURVE 63.28 FEET THROUGH A CENTRAL ANGLE OF 13° 56' 43" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 240.00, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH 13° 56' 10" WEST; THENCE WESTERLY ALONG SAID CURVE 49.35 FEET THROUGH A CENTRAL ANGLE OF 11° 46' 53" TO THE POINT OF BEGINNING. APN: 211-040-36-00 First American Title Insurance Company Form No. 1068-2 CommitmennlB.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 6 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the Interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): None (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: None The following additional requirements, as indicated by "X", must be met: [X] (H) Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form(as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] (I) An ALTA/ACSM survey of recent date, which complies with the current minimum standard detail requirements for ALTA/ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. First American Title Insurance Company f Commi Form No. 1068-2 Commitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 7 [] (J) The following LLC documentation is required: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction [] (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [x] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [x] (M) Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. [] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. First American Title Insurance Company Form No. 1068-2 CommitmerirNo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 8 [] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [] (T) A copy of the construction contract must be submitted to the Company for review. [] (U) An inspection of the land must be performed by the Company for verification of the phase of construction. First American Title Insurance Company Form No. 1068-2 Commitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 9 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General and special taxes and assessments for the fiscal year 2012-2013. First Installment: $86,775.14, DUE Penalty: $0.00 Second Installment: $86,775.14, PAYABLE Penalty: $0.00 Tax Rate Area: 09034 A. P. No.: 211-040-36-00 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 4. An easement for pipeline or pipelines and incidental purposes, recorded May 15,1961 as Instrument No. 83959 of Official Records. In Favor of: Carlsbad Municipal Water District Affects: As described therein 5. An easement for a pipeline or pipelines, together with their necessary fixtures and appurtenances including, but not limited to conduits and cables for power transmission and communication purposes and incidental purposes, recorded October 2,1963 as Instrument No. 175383 of Official Records. In Favor of: Carlsbad Municipal Water District Affects: As described therein 6. An easement for sewer pipe lines and incidental purposes, recorded July 14, 1964 as Instrument No. 126861 of Official Records. In Favor of: Buena Sanitation District Affects: As described therein First American Title Insurance Company Form No. 1068-2 ^ CommitmeiWTo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 10 7. An easement for sewer pipeline and/or mains, manholes, sewer, lateral pipelines and incidental purposes, recorded November 20,1964 as Instrument No. 212128 of Official Records. In Favor of: Buena Sanitation District Affects: As described therein 8. An easement for sewer pipelines and/or mains, manholes, sewer lateral pipelines and incidental purposes, recorded January 4,1965 as Instrument No. 672 of Official Records. In Favor of: Buena Sanitation District Affects: As described therein 9. An easement for general utility and incidental purposes, recorded August 9,1974 as Instrument No. 74-216628 of Official Records. In Favor of: City of Carlsbad Affects: As described therein 10. An easement for general utility and incidental purposes, recorded August 9, 1974 as Instrument No. 74-216629 of Official Records. In Favor of: City of Carlsbad Affects: As described therein 11. The terms and provisions contained in the document entitled "Agreement Regarding Future Improvements" recorded August 9,1974 as Instrument No. 74-216631 of Official Records. Executed by and between Andrew McReynolds and the City of Carlsbad. 12. The terms and provisions contained in the document entitled "Agreement Regarding Payment of Public Facilities Fee" recorded November 16,1981 as Instrument No. 81-361913 of Official Records. Executed by and between Carltas Co. and the City of Carlsbad. 13. The terms, provisions and easement(s) contained in the document entitled "Agreement Regarding Joint Use for Utility Easement" recorded October 29, 1985 as Instrument No. 85- 404978 of Official Records. 14. An easement for pipelines, including but not limited to conduits and cables for power transmission and communication purposes together with the right of ingress and egress therefrom and incidental purposes, recorded June 10, 1986 as Instrument No. 86-230351 of Official Records. In Favor of: San Marcos County Water District Affects: As described therein 15. The terms and provisions contained in the document entitled "Deed Restriction" recorded July 11, 1989 as Instrument No. 89-363971 of Official Records. 16. The terms and provisions contained in the document entitled "Deed Restriction" recorded July 11, 1989 as Instrument No. 89-363972 of Official Records. First American Title Insurance Company (^Ifclit Form No. 1068-2 (SPffiitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 11 17. An easement for a pipeline together with ingress and egress and the right to spill water and incidental purposes, recorded August 17, 1989 as Instrument No. 89-442042 of Official Records. In Favor of: Vallecitos Water District Affects: As described therein 18. The terms and provisions contained in the document entitled "Agreement between Developer- Owner and the City of Carlsbad for the Payment of a Public Facilities Fee" recorded April 2, 1990 as Instrument No. 90-174536 of Official Records. Executed by and between the Price Company and the City of Carlsbad. 19. The terms and provisions contained in the document entitled "An Agreement Regarding Agreement to Pay Drainage Fees as required by the Growth Management Program and the Adopted Local Facilities Management Plan for Zone 5" recorded October 14, 1991 as Instrument No. 1991-0530619 of Official Records. Executed by and between the Price Company, a California Corporation, and the City of Carlsbad, a Municipal Corporation of the State of California. 20. The terms and provisions contained in the document entitled "An Agreement Regarding Hold Harmless Agreement Drainage" recorded October 14, 1991 as Instrument No. 1991-0530620 of Official Records. Executed by and between the Price Company, and City of Carlsbad. 21. Covenants, conditions, restrictions and easements in the document recorded December 5, 1991 as Instrument No. 1991-0627289 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California 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. 22. An easement for public utilities and incidental purposes, recorded February 20, 1992 as Instrument No. 1992-0090987 of Official Records. In Favor of: San Diego Gas and Electric Company As described therein The location of the easement cannot be determined from record information. 23. An easement for pipeline or pipelines together with the right of ingress thereto and egress therefrom together with the right and privilege to spill water in natural channels which cross said lands adjacent to the easement right of way and incidental purposes, recorded March 8, 1993 as Instrument No. 1993-0143947 of Official Records. In Favor of: Vallecitos Water District Affects: As described therein 24. An easement for water facilities and incidental purposes, recorded March 17,1993 as Instrument No. 1993-0165595 of Official Records. In Favor of: Carlsbad Municipal Water District, a Public Agency Affects: As described therein First American Title Insurance Company Form No. 1068-2 ^ CommltmalWlo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 12 25. An easement shown or dedicated on the map filed or recorded June 27, 1995 as Parcel Map No. 17542 of Parcel Maps For: Access, Public storm drain. Public water and Traffic signal and incidental purposes. 26. This item has been intentionally deleted. 27. This item has been intentionally deleted. 28. This item has been intentionally deleted. 29. This item has been intentionally deleted. 30. The terms, provisions and easement(s) contained in the document entitled "Covenant for Easement" recorded June 27,1995 as Instrument No. 1995-0267704 of Official Records. 31. The terms, provisions and easement(s) contained in the document entitled "Covenant for Easement" recorded June 27, 1995 as Instrument No. 1995-0267705 of Official Records. 32. Covenants, conditions, restrictions and easements in the document recorded June 28,1995 as Instrument No. 1995-0272061 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California 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. Document(s) declaring modifications thereof recorded October 25, 2001 as Instrument No. 2001- 0775291 of Official Records. 33. An easement for reclaimed water pipeline and incidental purposes, recorded July 5, 1995 as Instrument No. 1995-0284253 of Ofliciai Records. In Favor of: Carlsbad Municipal Water District, a Public Agency Affects: As described therein 34. An easement for temporary construction and incidental purposes, recorded August 17,1995 as Instrument No. 1995-0361135 of Official Records. In Favor of: Carlsbad Municipal Water District, a Public Agency Affects: As described therein 35. The terms, provisions and easement(s) contained in the document entitled "Covenant for Easement" recorded September 19,1996 as Instrument No. 1996-0477040 of Official Records. 36. The terms, provisions and easement(s) contained in the document entitled "Non-Exclusive Reciprocal Access Easement Agreement" recorded December 5, 1997 as Instrument No. 1997- 0615049 of Ofliciai Records. First American Title Insurance Company ^^li Form No. 1068-2 CSFmnitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 13 An easement as contained in the above document. For: Vehicular and pedestrian ingress and egress and incidental purposes. 37. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded December 29, 2000 as Instrument No. 2000-0718892 of Official Records. 38. This item has been intentionally deleted. 39. Rights of parties in possession. First American Title Insurance Company Form No. 1068-2 CommitmeHmo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 14 INFORMATIONAL NOTES 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 951 Palomar Airport Road, Carlsbad, California. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company Form No. 1068-2 CMrnitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 15 *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer. ***** CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. First American Title Insurance Company l^^^O, Form No. 1068-2 ^ CommitmenCTlo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 16 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or 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. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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 the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the 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. 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 taldng 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 l<nown to the Company, not recorded in the public reconjs 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Insurance Company Form No. 1068-2 Offlmitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 17 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area ofthe land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4 Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicabie "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Insurance Company Form No. 1068-2 ^ . Commitmertm).: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 18 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from ttie coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or 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 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 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 thereof has been recorded in the public records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse 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 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 aeated subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the 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 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 the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit 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 contrarted 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 has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction aeating 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 fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential fransfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Insurance Company Form No. 1068-2 CSmmitment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 19 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on tlie land; (ill) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or 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 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 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 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, 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 claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankmptcy, 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) the 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 the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2, Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5 Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental 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. First American Title Insurance Company Form No. 1068-2 CommitmeiWo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 20 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 for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use 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. The failure of Your existing structures, or any part of them, to be constructed in accordance 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: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not 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 does 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 specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED 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: First American Title Insurance Company . Form No. 1068-2 Cofflmtment No.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 21 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 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 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 the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15,16 and 24 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 insuring provisions 14,15,16 and 24 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, 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 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 (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); 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: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 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: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8 Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. 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 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 modification. This exdusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by malting inquiry of persons in possession thereof. First American Title Insurance Company Form No. 1068-2 ^ CommitmaTrNo.: NCS-CWP-462-WAl ALTA Plain Language Commitment Page Number: 22 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disdose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, daims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE First American Title Insurance Company PROOF OF PUBLICATIO (2010 & 2011 CCP.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a of the County aforesaid: I am over th€ eighteen years and not a party to or intei the above-entitled matter. I am the princi of the printer of UT - North County Formerly known as the North County Ti which newspaper has been adjudicatt newspaper of general circulation by the Court of the County of San Diego, California, for the City of Oceanside and tl Escondido, Court Decree numbers 1/ 172171, for the County of San Diego, notice of which the annexed is a printed • in type not smaller than nonpariel), f" published in each regular and entire issu newspaper and not in any supplement t\ the following dates, to-wit: September 20"", 2013 PLANNING MISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council ChamberSf 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.nn. on Wednes-day, October 2,2013, to consider the following: 1) CT 13-02/PUD 13-04 r COASTAL 10 - Request for approval of a Tentative Tract Map and Planned Development Pernnit to develop a 10-unIt multi-family residential air-space condominium proiect on a 0.49 acre infill site generally located on,the south side of Navarro Drive, vvest of Vieio Costilla Way, and in Local Facilities AAanagement<a^ne 6. The City Planner has determined that this proi-ect is exempt from the requirements of Wie California Environmental Quality Act (CEQA) pur-suant to Section 15332 "in-Fill Developnrient Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 2) CUP 13-6& - SAN DIEGO PREMIER TRAINING - Request for a Conditional Use Permit to al-low San Diego Premier Training to operate a Specialty fitness gym in a vacant 4,312 square foot suite located within an existing office/industrial building on property located at 6451 El Camino Real, in the P-M Zone and in Local Facilitiets Management Zone 5. The City Planner has deter-mined that this proiect is exempt from the requirements of the California Environmental Act (CEQA) per Section 15301, "Existing- Facilities," of the State CEQA Guidelines and have any adverse significant impact on th^ envirdnment. A Notice of Exemption shall with the County Cleric upon approval of this proiect. Quality vill not }e filed 3) CUP 8(A) - THE WOMAN'S CLUB OF CARLSBAD - A request for a recommendation ol appro-val to rescind a Special Use Permit granted by City Council Ordinance No. 9117 and the ai>proval of an amendment to Conditional Use Permit 8 (CUP 8) for the Woman's Club of Carlsbad to estab-lish additional restrictions on the use of property located at 3320 Monroe Street, between Bdsswood Avenue and Linda Lane in the R-1 zone and located in Local Facilities Managerpent Zone 1. The City Planner has determined that this proiect is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities' of! the State Guidelines and will not have any adverse significant impact on the environment. CEQA 4) COP 90-03(D)/SDP 90-05(H)/CDP 13-05 - COSTCO COOLER ADDITION - Request for the appro-val of a Conditional Use Permit Amendment CUP 90-03(D), o Site Development Plan Amendment SDP 90-05(H), and a Coastal Development Permit CDP 13-05 to demolish a 1,240 square foot cool-er, add 2,324 square feet of new cooler area, and 1,813 square feet of receiving area to an existing 148,231 square foot COSTCO Wholesale building on property located at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and In Local Facilities Monaijement Zone 5. The_City Planner has determined that this proiect is exempt from the retjuirements of the ~ • • ^ . - .. . . Facil ties" of environment. T t~ar+\f\/ (r\r Hprlarp'^ linrlPr nena tV of De California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing 1 Cerary \Q\ Uet-ldic; unuci pcnaiLy the State CEQA Guidelines and will not hav^e any adverse significant impact on the the foregoing is true and correct This proiect is not located within the appealable area of the California Coastal commission. Dated at Oceanside, California On This-202? day September 20i; Jane Allshouse NORTH COUNTY TIMES Legal Advertising If you challenge these projects 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 de-livered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00am to5:00pm Friday. Those persons wishing to specie on these proposals are cordially invited to attend the public hear-ing. Copies of the staff reports will be available online at http://carlsbad.granicus.com/ViewPubl isher.php?view id=6 on or after the Friday prior to the hearing dote. If you have any questions. Please call the Pfanning Division at (760) 602-4600. CITY OF CARLSBAD PLANNING DIVISION pub 9/20/13 '•-XW'P'' CITY OF FILE COPY CARLSBAD Community & Economic Development www.carisbadca.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, October 2, 2013, to consider a request for the following: CASE NAIVIE: CUP 90-03(D)/SDP 90-05(H)/CDP 13-05 - COSTCO COOLER ADDITION PUBUSH DATE: September 20, 2013 DESCRIPTION: Request for the approval of a Conditional Use Permit Amendment CUP 90-03(D), a Site Development Plan Amendment SDP 90-05(1-1), and a Coastal Development Permit CDP 13-05 to demolish a 1,240 square foot cooler, add 2,324 square feet of new cooler area, and 1,813 square feet of receiving area to an existing 148,231 square foot COSTCO Wholesale building on property located at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing Facilities" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. This project is not located within the appealable area of the California Coastal Commission. 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://carlsbad.granicus.com/ViewPublisher.php7view id=6 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 Christer Westman in the Planning Division at (760) 602-4614, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.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. • Appeals to the Citv 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. • Coastal Commission Appealable Project: /\ This site is not located within the Coastal Zone Appealable Area. ^ Application deemed compiete: 4/15/2013 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 Ave. I Carlsbad, CA 92008 i 760-602-4600 I 760-602-8558 fax NOT TO SCALE SITEMAP Costco Wholesale (Cooler Addition) CUP 90-03(D) / SDP 90-05(H) / CDP 13-05 • • ! SENDER: COMPLETE THIS SECTION 1 COMPLETE THIS SECTION ON DELIVERY | • Complete Items 1,2, and 3. Mso 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. X (1 jflU-^ • Mdtessee • Complete Items 1,2, and 3. Mso complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B. ReceWed by C Printed NameJ C. Date of Celivery • Complete Items 1,2, and 3. Mso 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. D'. Is delivery address different from item 1 ? LJ Yea^ If YES, enter delivery address below: • No i 1. /\rtiole Addressed to: 1 California Coastal Commission ! 7575 Metropolitan JD rive, Suite "ItB ' San Diego, CA 92108-4402 D'. Is delivery address different from item 1 ? LJ Yea^ If YES, enter delivery address below: • No i 1. /\rtiole Addressed to: 1 California Coastal Commission ! 7575 Metropolitan JD rive, Suite "ItB ' San Diego, CA 92108-4402 3. Service lype • CertlfledMall •ExpressMaH • Registered • Return Receipt (tor Merchandise • Insured Mall • CCD. i 1. /\rtiole Addressed to: 1 California Coastal Commission ! 7575 Metropolitan JD rive, Suite "ItB ' San Diego, CA 92108-4402 4. Restricted Delivery? (Extra Fee) OYes 2. Article Number (fransjiji; from sen//ce fabej) 7D11 £^70 DDD3 67L1_4547_ PS Form 3811, Febaiary 2004 Domestic Retum Receipt U.S. Postal Service™ CERTIFIED IVIAIL™ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) IT Hi JO CO C3 o • o tr ru HI o For delivery information visit our website at www.usps.comjj Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees /'O Postmark lr'.:: Here Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees /'O Postmark lr'.:: Here Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees /'O Postmark lr'.:: Here Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees /'O Postmark lr'.:: Here Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees /'O Postmark lr'.:: Here California Coastal Commission 7575 Metropolitan Drive, Suite 103 c/iy;stete,z;ft San Diego, CA 92108-4402 Streer, Apt. No.; or PO Box No. PS Form 3800, August 2006 See Reverse for Instructions ^ - - FILE copy €^ CITY OF ViCARLSBAD Community & Economic Development www.carlsbadca.gov September 10, 2013 Jim Stanard MulvannvG2 Architecture 18200 Von Karman#910 Irvine CA 92612 SUBJECT: CUP 90-03(D)/SDP 90-05(H)/CDP 13-05 - COSTCO COOLER ADDITION The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, September 18, 2013, 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 September 23, 2013. A twenty (20) minute appointment has been set aside for you at 10:30 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. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; 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, vour proiect 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 60 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, Christer Westman at (760) 602-4614. Sincerely, DON NEU, AlCP City Planner DN:CW:bd c: File Copy Steve Bobbett, Project Engineer Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © V (CARLSBAD Community & Economic Development www.carlsbadca.gov June 3, 2013 Mulvanny G2 Architecture Attn: Jim Stanard 18200 Von Karman, Suite 910 Irvine, CA 92612 SUBJECT: CUP 90-03(D)/SDP 90-05{H)/CDP 13-05 - COSTCO (COOLER ADDITION) - CALIFORNIA ENVIRONIVIENTAL QUALITY Aa (CEQA) APPUCABILITY/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: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing Facilities (15301). The addition will not result in an increase of more than 10,000 square feet; all public services and facilities are available; and, the project area is not environmentally sensitive. No environmental review is required for the project. A Notice of Exemption will be filed after approval ofthe 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 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Christer Westman, at (760) 602-4614 or christer.westman(a)carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CW:sm c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CUP 9Q-03(D) / SDP 90-05(H) / CDP 13-05 BUILDING ADDRESS: 951 PALOMAR AIRPORT RD PROJECT DESCRIPTION: ADDITION OF COOLER SPACE ASSESSOR'S PARCEL NUMBER: 211-040-36-00 FIRE DEPARTMENT APPROVAL Tlie item you have submitted for review lias been approved. Thie approval is based on plans, information and/or specifications provided in your submittal; tfierefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with 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: G. RYAN Date: 05.26.2013 DENIAL Please see the attached report of deficiencies marked with 13. Mal<.e necessary corrections to plans or specification^ for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: If :> Faraday Ave C^^i£bad^CA^2008 50) 602-4665 REVIEW CHECKLIST FIRE SPRINKLERS .|ST 3RD 0 • • 1. An automatic fire sprinkler system is required for th . project. 0 • • 2. Provide notes on all plans submitted for review that indicale that fire sprinklers are required. 0 • • 3. Submit fire sprinkler plans to the Fire Department for review. r CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 14. 2013 PROJECT NO(S): SDP 90-05(H)/CDP 13-05/CUP 90-03(D) glilP^ « REVIEW NO: 1 m PROJECT TITLE: COSTCO WHOLESALE APPLICANT: MULVANNY G2 ARCHITEaURE/JIM STANARD TO: • • • • • • • • Land Development Engineering-Administration Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or cond[^ipns to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv'4^/13. If you have "No Comments," please so state. If vou determine that there are Itenff^that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Z Signature Date PLANS ATTACHED Review & Comment 12/12 Cu/ CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 14. 2013 PROJECT NO(S): SDP 90-05(H)/CDP 13-05/CUP 90-03(D) • REVIEW NO: 1^ , PROJECTTITLE: COSTCO WHOLESALE APPLICANT: MULVANNY G2 ARCHITECTURE/JIM STANARD TO: ^ Land Development Engineering-Administration Police Department - J. Sasway 1X1 Fire Department-Greg Ryan ^ Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District ^ Landscape Plancheck Consultant - PELA I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management • Calt rans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION liNiTRACKiN&DESK Please review and submit written comments and/or conditifins to the! in the Planning Division at 1635 Faraday Avenue, bv^/4/13. If you have "No Comments," please so state. If vou determine that there are iten^fliat need to be submitted to deem the application "complete" for processing, please Immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 12/12 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 14. 2013 PROJECT NO(S): SDP 90-05(H)/CDP 13-05/CUP 90-03(D) ffP REVIEW NO: 1 PROJECTTITLE: COSTCO WHOLESALE APPLICANT: MULVANNY G2 ARCHITECTURE/JIM STANARD TO: • • • • • • • • Land Development Engineering-Administration Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant - PELA ^School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the l^l'ilKilNG TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bvAlA/li. If you have "No Comments," please so state. If vou determine that there are itenvs that iiieed to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Date PLANS ATTACHED Review & Comment 12/12 CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: SDP 90-05(H) / CDP 13-05 / CUP 90-03(D) BUILDING ADDRESS: 951 PALOMAR AIRPORT RD PROJECT DESCRIPTION: 2 PHASE !=^ROJECTTO ADD ADDITIONAL COCER, NEW SALES AREA EXPAND RECEIVING AREA AND ADDITIONAL STORAGE AREA. ASSESSOR'S PARCEL NUMBER: 211-040-36-00 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 thia date, including field modifications, must be reviewed 'Liy this office to insure continued conformance with 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: G.RYAN Date: 3.15.2013 DENIAL Please see the attached report of deficiencies marked with El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/c specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS SEE PAGE 2 FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carl&::,ad, CA 92008 (760) 602-4665 COMMENTS _ REVIEW CHECKLIST PLAN • • • 1: The following note shall be included on all submittals. These notes are specific to the scope and phasing of this project and shall be included in any review or discussion relative to this project. Add the Foilowing note to all submittals under the heading of Fire Departnnent notes: Fire Department Access Roadways: All construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather driving surface of not less than 20 feet of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus, and have a minimum 13 feet 6 inches of vertical clearance. Dead end fire access roads in excess of 150 feet in length shall be provided with approved turnarounds. CoMbusfjble debris: Wood, cardboard, packing material, framing lumber and similar combustible debris shall not be accumulated within buildings. Such debris, rubbish and waste material shall be removed from .buildings on a daily basis. Vehicle parkirig: All vehicles shall be parked a minimum of 20 from new buildings under construction. Exceptions: 1. Vehicles that are temporarily parked for loading/unloading or other construction jelated operations. Such vehicles shall not be left unattended Fir^ Sprinkler Systems: A separate plan submittal is required in all instances. For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary. Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The General contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service. An automatic fire sprinkler system shall be installed throughout all building areas in compliance with 2010 NFPA 13, Section 1003 of the 2010 CFC and Section 904 of the 2010 CBC. Modification to the fire sprinkler system shall comply with 2010 NFPA 13. Warehouse fire sprinkler systems shall be designed to Figure 7-4.2.2.1.1 (d) curve "G" of 2010 NFPA 13 Fireixtinguishers: Portable fire extinguishers shall be provided and shall be mounted on a wall or post such that the travel distance to any extinguisher does not exceed 75 ft. Mounting height to the top of the extinguisher shall not exceed 5 feet. Extinguishers shall not have less than a 2A10BC rating or as otherwise directed by the fire department. The general contractor shall ensure that an adequate number of individuals are trained in the proper use of portable fire extinguishers. FIRE ALARII SYSTEMS A separate plan submittal is required. The proposed modifications to the fire detection or alarm system(s) shall be approved by the CFD prior to modification. Fire alarm systems shall be maintained operational at all times during building alterations. When an alteration requires modification to a p - tion ofthe fire alarm system, the portion of :-.e system requiring work shall be isolated and the remainder of the system shall be kept in service whenever practical. When it is necessary to shut down an entire fire alarm system a fire watch or other mitigation approved by the fire department shall be implemented by the general contractor until the system is returned to full aervice. STORAGE A Third-party Technical Opinion report shall be prepared at time of plan submittal unless approved otherwise. A seporote plan submittal is required in all instances. REFRIGERATION SYSTEMS Buildings containing refrigeration systems shall comply with Chapter 6 and 35 of the 2010 CFC. Refrigerant types shall not be changed without prior approval from the CFD. Control boxes shall be provided with a permanent label on the outside reading "Fire Department—Emergency Control Box." EMERGENCY OR STANDBY GENERATORS An installation permit is required from Fire and Building Department to install an emergency or standby generator tank, piping, and associated equipment; A new or modified Hazardous Materials Business Plan (HMBP) is required before placing the ta k(s) in service; VICARLSBAD Community & Economic Development www.carisbadca.gov PLANNING COMMISSION NOTICE OF DECISION October 3, 2013 Jim Stanard MulvannyG2 Architecture 18200 Von Karman #910 Irvine, CA 92612 SUBJECT: CUP 90-03(D)/SDP 90-05(H)/CDP 13-05 - COSTCO COOLER ADDITION At the October 2, 2013 Planning Commission meeting, your application was considered. The Commission voted 5-0 to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Christer Westman at (760) 602-4614 or christer.westmang)carlsbadca.gov. Sincerely, ^Hi DON NEU, AlCP City Planner DN:CW:bd c: Data Entry File enc: Planning Commission Resolution No. 7015 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 <9|>c.TvoF FII F COPY VCARLSBAD ^^^^ Community & Economic Development www.carlsbadca.gov August 26, 2013 Jim Stanard Mulvanny G2 Architecture 18200 Von Karman #910 Irvine CA 92612 SUBJECT: CUP 90-03(D)/SDP 90-05(H)/CDP 13-05 - COSTCO WHOLESALE (COOLER ADDITION) Your application has been tentatively scheduled for a hearing by the Planning Commission on October 2, 2013. However, for this to occur, you must submit the additional items listed below. If the required items are not received by September 13, 2013, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. 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 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. Labels should be prepared in ALL CAPS using block or sans serif typeface. A sample label is as follows: ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE Planning Division CARLSBAD CA 92008 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 /*- S'P^O-JOajDj/SDP 90-05(H)/CDP 13-05 - COSTCO WHOLESALE (COOLER ADDITION) •'fv^gatP2013 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 ofthe map may be reduced to a scale acceptable to the City Planner if the 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, Christer Westman Senior Planner CW:fn Attachment c: File I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED 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: VICARLSBAD L_irii-i- Community & Economic Development www.carlsbadca.gov April 15, 2013 Jim Stanard Mulvanny G2 Architecture 18200 Von Karman, Suite 910 Irvine, CA 92612 SUBJECT: 1ST REVIEW FOR CUP 90-03(D)/SDP 90-05(H)/CDP 13-05 - COSTCO (COOLER ADDITION) Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal Development Permit, application no. CUP 90-03(D)/SDP 90-05(H)/CDP 13-05, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 10 complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Christer Westman, at (760) 602-4614, 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: Steve Bobbett, Associate Engineer, at (760) 602-2729. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CW:sm Costco Wholesale, 999 Lake Drive, Issaquah, WA 98028 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CUP90-03(D)/SDP 90-05( April 13, 2013 Page 2 ^1 DP 13-05-COSTCO Planning: None Engineering: None UST OF ITEMS NEEDED TO COMPLETE THE APPUCATION ISSUES OF CONCERN Planning: None Engineering: None