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Home My WebLink AboutCUP 99-30A; Cannon Court; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) I I Administrative Permit - 2nd Dwelling Unit I I Administrative Variance (FOR DEPARTMENT USE ONLY) • Coastal Development Permit Conditional Use Permit I I Condominium Permit I I Environmental Impact Assessment I I General Plan Amendment I I Hillside Development Permit I I Local Coastal Plan Amendment I I Master Plan I I Non-Residential Planned Development I I Planned Development Permit I I Planned Industrial Permit I I Planning Commission Determination I I Precise Development Plan I I Redevelopment Permit I I Site Development Plan I I Special Use Permit I I Specific Plan I I Tentative Parcol Map Obtain from Engineering Department I I Tentative Tract Map I I Variance I I Zone Change I I List other applications not specified (FOR DEPARTMENT USE ONLY) 2) 3) 4) ASSESSOR PARCEL N0(S). PROJECT NAME: (1 BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) xToH'^z A> (&ut^ MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE LAfi^Ls&ko LA ^ZOO^ va/- ^/'lo CITY AND STATE ZIP TELEPHONE ^ C7&> o ) I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGMATURE DATE ' 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 Rev. 05/03 PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE BETWEEN (fiSRTH^OUTH. EAST, VtfEST) (NAME OF STREET) STREET ADDRESS SIDE OF AND (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ kA^ SQUARE FOOTAGE I* 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF GITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE J l6(^ 4 8>/2^ FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEiVED FEB 1 8 200^ CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 Rev. 05/03 PAGE 2 OF 2 Citv of Carlsbacl Planning Department DISCLOSURE STATEME.NT I .A.ppiicant"s suiemcni or disclosure of cenain ownership interests on all appiicaiion.? which u iii require I discretionar>' action on the pan oflhe Cin.- Council or any appointed Board. Commission or Comm:nec Tns following information MUST be disclosed at the time of application submiaai. Your proieci car.no; be reviewed unlil this information is completed. Please pnnt. Note: Person is defmed as "Any individual, firm, co-panncrship. joint vennirc. associarion. social ciub. I'raiemal organization, corporation, estate, trust, receiver, syndicate, in this and any other county. cii> and county. cir\- municipalit\'. distnct or other poiiticai subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and propert)- o^^'ncr must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of .ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include thc names, title, addresses of all individuals owTung more than 10% of thc 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 ZJoHN A. SoZA Corp/Pan Title P/ttS <T^A- AiJZa CtOp Title Address ^165 ^ ^to t>tc. /Jc/yTt Address 2. OWTVER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of .ALL persons having any ownership interest in the propeny involved. .Also, provide the nature of the legal ownership (i.c, parmership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe 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 ofthe corporate officers. (A separate page may be anached if necessary.) Person OAH^ L. Uj£&r Corp/Pan_ Title Pkf:S. tMJk'Sr T>L/kUp/»t^rJZitJ\i\c Address 6//^Jfeta 'btC Alo^e. Address_ 3. NON-PROFIT OROKNIZATION 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 ofthe. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commis^ons, Committees and/or Cotmcil within the past twelve (12) months? I I Yes 7_ No If yes, please indicate person(s): ' NOTE: Attach additional sheets if necessary. I certify that all the above infonnation is true and correct to the best of my knowledge. iatiu4 of owner/date ' Signature of owner/date ' ' Signature of applicant/date G/H^v^ L. IAJEST' Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMiN\COUNTER\DISCLOSURE STATEIVIENT 5/98 Page 2 Of 2 POWER OF ATTORNEY SPECIAL KNOW ALL MEN BY THESE PRESENTS: That I Gary West, President of West Development, Inc., on behalf of West Development, Inc., hereby make, constitute and appoint John Buza as West Development, Inc.'s true and lawful attorney in fact to act for West Development, Inc. and in West Development, Inc.'s name, place and stead and for West Development, Inc.'s use and benefit limited to the following matters pertaining to the development and construction of a commercial development (approximately 6.6 acres) located at the northwest corner of Cannon Road and Interstate 5, in the City of Carlsbad, California, APN #210-010-38: A) To enter into contracts with architects, engineers, and various consultants. B) To apply for and obtain any required applications, permits, etc., from: 1. City of Carlsbad 2. County of San Diego 3. California Coastal Commission 4. State of California 5. San Diego Gas and Electric, or any necessary Utility Company West Development, Inc. hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessary, or convenient, in connection with any of the foregoing, as fully, to all intents and purposes, as West Development, Inc. might or could do if personally present, hereby ratifying and confirming all that its said attorney in fact shall lawfully do or cause to be done by authority hereof. Wherever the context so requires, the singular number includes the plural. WEST DEVELOPMENT, INC. Dated: /o/nj^l By: f\M^ [J^^ GARY WEST, President STATE OF NEBRASKA COUNTY OF DOUGLAS } SS. On /0//9/79 before me, /^^ ^ Personally appreared_ Personally know to me (or proved^o me on the basis of satisfactory evidence) to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. GENEflAL NOTARY-State of Nebruka RTTA ft BAKER MyCon)ffl.Exp.DM.29,2a01 Signature SUBDIVISION GUARANTEE CLTAi 14 (i 1 STEWART TITLE GUARANTY COMPANY Subdivision Guarantee Issued for the benefit and protection of the County of San Diego within which said subdivision is located. No. 01-172534 Fee: $400.00 Subdivision Map of Tract No.Prelim 99-52 Consisting of Sheet (s) and of any City After an examination of the Public Records which, under the .recording laws, impart constructive notice of matters affecting the titie to the land hereinafter described, S T EWA R^TT IT I TLE GUA R A N T X; P O U'VA N Y a corporation, of Galveston, Texas*-, hereby guarantees, for the benefit of said county an^ cify.'In a sum hot to exceed $1,000.00, that as shown by said records the only parties having any record title interest in said, land, and whose signatures are necessary, under the requirements of the Subdivision Map Act,, on the certificates, consenting to the recordation of the Subdivision Map of said land and offering for dedication aiiy streets, roads, avenues and other easements offered for dedication by said Subdivision Map are: -%•! ." N; See Attached • ' r, • The Tract hereinbefore referred to is a subdivision of lands described as: See Attached Legal Description IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused it corporate name and seal to be affixed, on May 12, ?0n3 Countersigned: ' STEWART TITLE OF CALIFORNIA, INC. |#^S>^H>^^ SAN DIEGO DIVISION ~ ~ '-^ STEWART TITLE GUARANTY COMPANY i*;^'*. 13 0 8 .-i^i '^-"mmiiiiil" Chairman v^iiaiMiiaii M aw Authorized Countersignature President Subdivision « , Guarantee 1% ,'5 iJ 01-172534 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS PARCEL A: / THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLS;BADV^"">G.OUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO^^ETITION^MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY ""I^ECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE WHICH IS PARALLEL WITH AND DISTANT 2000.00 FEET AT RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF WHICH PARALLEL LINE IS RECORDED AS NORTH 72°25'00" EAST ON SAID MAP OF SAID PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET; THENCE PARALLEL WITH A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREINAFTER DESCRIBED NORTH 66°54'10" EAST, 50.00 FEET TO THE CENTER LINE OF SAID RAILWAY RIGHT OF WAY; THENCE ALONG SAID CENTER LINE SOUTH 23°06'00" EAST, 60,00 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN, ET AL, . RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43667 IN BOOK 2778 AT PAGE 341 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY OF SAID LANDS SO DESCRIBED NORTH 66°54'10" EAST, 110.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO A POINT ON A LINE THAT IS PARALLEL WITH AND 60.00 FEET EASTERLY OF THE EASTERLY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING AND NORTHERLY ALONG SAID PARALLEL LINE AND THE BOUNDARY LINE OF THE LAND CONVEYED TO SAN DIEGO GAS AND ELECTRIC COMPANY BY DEED RECORDED JANUARY 21, 1953 IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS, 708.00 FEET; THENCE LEAVING SAID PARALLEL LINE AND CONTINUING ALONG SAID BOUNDARY LINE NORTH 66°54'10" EAST, 517.66 FEET TO THE WESTERLY LINE OF CALIFORNIA STATE HIGHWAY ll-SD-5, P.M. 47.4 AS SHOWN ON SHEET NO. L.O. 3 778 OF THE RIGHT OF WAY MAP OF SAID HIGHWAY ON FILE WITH THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS, SACRAMENTO, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID HIGHWAY AS FOLLOWS: SOUTH 01°07'27" EAST, 21.16 FEET; SOUTH 14°14'32" EAST, 132.21 FEET; SOUTH 05°38'48" EAST, 191.48 FEET; SOUTH 04°34'06" EAST 300.17 FEET; SOUTH 41°28'35" WEST, 87.64 FEET; 01-172534 SOUTH 60°35'50" WEST, 82.88 FEET SOUTH 22°28'20" EAST, 40.00 FEET TO A POINT WHICH BEARS NORTH 67°54'10" EAST, 182.07 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66°54'10" WEST, 182.07 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO CITY OF CARLSBAD RECORDED NOVEMBER 13, 1972 AS DOCUMENT NO. 3 0334 9 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. PARCEL B: AN EASEMENT FOR INGRESS, EGRESS, UNDERGROUND UTILITIES AND INCIDENTAL LANDSCAPING, IRRIGATION AND VEHICULAR PARKING PURPOSES, THROUGH, OVER, UNDER AND ACROSS THE PROPERTY DESCRIBED IN THE EASEMENT GRANT DEED AND AGREEMENT RECORDED APRIL 1, 1999 AS FILE NO. 1999-0217138 OF OFFICIAL RECORDS, AS AMENDED BY THAT CERTAIN AMENDED AND RESTATED EASEMENT GRANT DEED AND AGREEMENT RECORDED MAY 7, 1999 AS FILE NO. 1999-0313275 OF OFFICIAL RECORDS. C ONSENT STATEMENT The following are the owners of or are have an interest in the land subdivided by this map and must consent to the preparation and recordation of the map as shown: West Development, Inc., a Nebraska Corporation, as Owner; Cabrillo Power I, LLC, a Delaware Limited Liability Company, as Beneficiary by Assigrmient recorded May 21, 1999 as File No. 1999-0347269 of Official Records, and/or Stewart Title of California, Inc., as Trustee, under the Deed of Trust Recorded April 1, 1999 as File No. 1999- 0217140 of Official Records. Title Order No. 01-172534 Subdivision Map Guarantee May 12,2003 OMISSIONS STATEMENT The signatures of the following holders of easements as listed below have been omitted under the provisions of Section 66436, Subsection (a)(3)(A) (i-viii) of the Subdivision Map Act; Their interest is such that it cannot ripen into a fee title and said signatures are not required by the governing body: 1. San Diego Gas & Electric Company, holder of easements recorded October 20, 1949 in Book 3358, Page 85; June 30,1998 as File No. 1998-0403114; June 30, 1998 as File No. 1998- 0403115; June 30, 1998 as File No. 1998-0403116; April 1, 1999 as File No. 1999- 0217139, and Joint Use Agreement recorded April 6, 1962 as File No. 1962- 059611, all of Official Records. 2. Southem Califomia Telephone Company, holder of an easement recorded August 2, 1941 in Book 1200, Page 421 of Official Records. 3. W.D. Cannon, holder of an easement recorded January 21, 1953 in Book 4722, page 361 of Official Records. 4. City of Carlsbad, holder of an easement recorded January 20, 1969 as File No. 1969- 11275 of Official Records. 5. State of CalifopniaA holder of fhe relinquished access rights set forth in Condemnation recorded(4E3^1 30, J952 in Book 4456, Page 192 of Official Records; and set forth in the Grant Deed rec^rdfed January 5, 1967 as File No. 1967-1233 of Official Records. Titie Order No. 01-172534 Subdivision Map Guarantee May 12,2003 STEWART TITLE OF CALIFORNIA, INC. , SAN DIEGO DIVISION 3111 CAMINO DEL RIO N. #900 SAN DIEGO, CA. 92108 (619) 692-1600 www.stewartad.com SIXTH SUPERSEDING PRELIMINARY REPORT MAY 12, 2003 O'DAY CONSULTANTS 5900 PASTEUR COURT, CARLSBAD, CA 92 009 #100 YOUR NO. PRELIM 99-52 OUR NO. 01-172534 LOAN REF: WEST DEVELOPMENT COMPANY ATTENTION: MEG CARROLL IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE OF CALIFORNIA, INC., SAN DIEGO DIVISION HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OP TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF APRIL 28, 2003 AT 7:30 A.M. JK GRE TITLE OF Thank you for using STEWART TITLE OF CALIFORNIA, INC. SAN DIEGO DIVISION For matters regarding this report please contact the following: Frank Green, Manager/Advisory Title Officer Danette Starling, Commercial Title Officer David Biggin, Subdivision Title Officer Laura Heath, Commercial Title Assistant. . Debbie Britza, Title Assistant-Subdivision (619) 243-1671 (619) 243-1672 (619) 243-1677 (619) 243-1673 (619) 692-1600 Ext. 3063 WIRING INSTRUCTIONS FOR SUB-ESCROW 1. Union Bank of California 530 "B" Street San Diego, CA 92101 2. ABA #122-000-496 3. Credit: Stewart Title of California, Inc. San Diego Division 4. Account #9120054632 5. Reference Title Officer: FRANK GREEN and Order Number: 01-172534 NOTE: If this Company is to payoff a Deed of Trust securing a Line of Credit, Additional Advance, Construction Loan or any other type of loan with future advance capabilities, we require that these accounts be frozen at least 48 hours prior to closing. Failure to freeze such accounts may delay closing and payoff disbursements. If we are to payoff a Deed of Trust which contains any type of Foreclosure Costs, please advise your Title Dept. as these must be verified prior to closing. If you have any questions regarding payoffs please contact the Title Unit or the Payoff Dept. "For Information regarding the Stability and Financial Statistics for Stewart Title of California, Inc. San Diego Division, please contact: Loretta Granger-Medrano, (619) 692-1600 01-172534 THE FOFiM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 5. CLTA/ALTA HOMEOWNER'S POLICY 6. "GOLD" COMPREHENSIVE PROTECTION LOAN POLICY 7. LITIGATION GUARANTEE SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AS TO PARCEL A AND AN EASEMENT AS TO PARCEL B 2, TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION 01-172534 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL A: ,., |-4f/ f ( jf >/ ^ THAT PORTIG^ OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLS^ADr-f^COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TOC;PETITIONJVIAP THEREOF NO. 823, FILED IN THE OFFICE OF THE C0UN1?Y'^ RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 .00 FEET AT RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF WHICH PARALLEL LINE IS RECORDED AS NORTH 72°25'00" EAST ON SAID MAP OF SAID PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET; THENCE PARALLEL WITH A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREINAFTER DESCRIBED NORTH 66°54'10" EAST, 50,00 FEET TO THE CENTER LINE OF SAID RAILWAY RIGHT OF WAY; THENCE ALONG SAID CENTER LINE SOUTH 23°06'00" EAST, 60.00 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN, ET AL, . RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43667 IN BOOK 2778 AT PAGE 341 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY OF SAID LANDS SO DESCRIBED NORTH 66''54'10" EAST, 110.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO A POINT ON A LINE THAT IS PARALLEL WITH AND 60.00 FEET EASTERLY OF THE EASTERLY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING AND NORTHERLY ALONG SAID PARALLEL LINE AND THE BOUNDARY LINE OF THE LAND CONVEYED TO SAN DIEGO GAS AND ELECTRIC COMPANY BY DEED RECORDED JANUARY 21, 1953 IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS, 708.00 FEET; THENCE LEAVING SAID PARALLEL LINE AND CONTINUING ALONG SAID BOUNDARY LINE NORTH 66°54'10" EAST, 517.66 FEET TO THE WESTERLY LINE OF CALIFORNIA STATE HIGHWAY ll-SD-5, P.M. 47.4 AS SHOWN ON SHEET NO. L.O. 3 778 OF THE RIGHT OF WAY MAP OF SAID HIGHWAY ON FILE WITH THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS, SACRAMENTO, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID HIGHWAY AS FOLLOWS: SOUTH 01°07'27" EAST, 21.16 FEET; SOUTH 14°14'32" EAST, 132.21 FEET; SOUTH 05°38'48" EAST, 191.48 FEET; SOUTH 04°34'06" EAST 300.17 FEET; SOUTH 41°28'35" WEST, 87.64 FEET; 01-172534 SOUTH 60°35'50" WEST, 82.88 FEET SOUTH 22°28'20" EAST, 40.00 FEET TO A POINT WHICH BEARS NORTH 67°54'10" EAST, 182.07 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66°54'10" WEST, 182.07 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO CITY OF CARLSBAD RECORDED NOVEMBER 13, 1972 AS DOCUMENT NO. 30334 9 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. PARCEL B: AN EASEMENT FOR INGRESS, EGRESS, UNDERGROUND UTILITIES AND INCIDENTAL LANDSCAPING, IRRIGATION AND VEHICULAR PARKING PURPOSES, THROUGH, OVER, UNDER AND ACROSS THE PROPERTY DESCRIBED IN THE EASEMENT GRANT DEED AND AGREEMENT RECORDED APRIL 1, 1999 AS FILE NO. 1999-0217138 OF OFFICIAL RECORDS, AS AMENDED BY THAT CERTAIN AMENDED AND RESTATED EASEMENT GRANT DEED AND AGREEMENT RECORDED MAY 7, 1999 AS FILE NO, 1999-0313275 OF OFFICIAL RECORDS. 01-172534 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE AS FOLLOWS: 1, GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2003-2004, A LIEN NOT YET PAYABLE. lA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2002-2 003 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: CODE AREA: PARCEL NO. $ 25,821.16 PAID $ 25,821,16 PAID $4,987,677,00 09000 210-010-38-00 IB, THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A COMMUNITY FACILITIES ASSESSMENT. THE AMOUNT OF ASSESSMENT, IF ANY, ATTRIBUTABLE TO THIS PARCEL IS CURRENTLY OR WILL BE COLLECTED AS A PART OF THE TAX BILL. IC. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SOUTHERN CALIFORNIA TELEPHONE COMPANY FOR: A RIGHT OF WAY RECORDED: AUGUST 2, 1941 IN BOOK 1200, PAGE 421 OF OFFICIAL RECORDS SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. 3 . AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES SAN DIEGO GAS AND ELECTRIC COMPANY POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY OCTOBER 20, 1949 IN BOOK 3358, PAGE 85 OF OFFICIAL RECORDS IN FAVOR OF FOR: RECORDED: SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 4. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM FREEWAY, ADJACENT THERETO SAID RIGHTS HAVING BEEN RELINQUISHED MAY 2, 1952 IN BOOK 4456, PAGE 192 OF OFFICIAL RECORDS, AND JANUARY 5, 1967 AS FILE NO. 1233 OF OFFICIAL RECORDS, 5. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: SCHEDULE B W. D. CANNON WATER PIPE LINE PURPOSES JANUARY 21, 1953 IN BOOK 4722, OF OFFICIAL RECORDS 01-172534 PAGE 361 ALSO, THE RIGHT, TITLE AND INTEREST OF GRANTOR IN ANY PIPE IN THE GROUND WITHIN SAID WATER PIPE LINE RIGHTS OF WAY GRANTED HEREIN, GRANTEE, HOWEVER, TO REMOVE THE SAME OR SUCH PORTION THEREOF AS MAY CEASE TO BE USED WITHIN TWELVE MONTHS FROM DATE OF CESSATION OF USE, OTHERWISE TITLE TO SUCH PIPE TO REVERT TO THE GRANTOR, ITS SUCCESSORS OR ASSIGNS. SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 24, 1952 BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC COMPANY AND STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS JOINT USE APRIL 6, 1962 AS FILE NO. 59611 OF OFFICIAL RECORDS REGARDING; RECORDED: 7. AN EASEMENT AFFECTING SAID HEREIN AND INCIDENTAL PURPOSES LAND FOR THE PURPOSES STATED IN FAVOR OF; FOR: RECORDED: CITY OF CARLSBAD WATER LINE PURPOSES JANUARY 20, 1969 AS FILE NO. OF OFFICIAL RECORDS 11275 SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE DESCRIBED IN SAID DOCUMENT. PARTICULARLY 8. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT NO, 1, CITY OF CARLSBAD AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO, 90-0674118, MAY 20, 1991 AS FILE NO. 1991-0236959 AND AS AMENDED JANUARY 16, 1996 AS FILE NO. 1996-0020213, ALL OF OFFICIAL RECORDS. 9. AN EASEMENT AFFECTING SAID HEREIN AND INCIDENTAL PURPOSES LAND FOR THE PURPOSES STATED IN FAVOR OF; FOR: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION AN EASEMENT AND RIGHT OF WAY TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF (1) ELECTRIC FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, (2) COMMUNICATION SCHEDULE B 01-172534 RECORDED: AFFECTS: COMMENCING A DEED TO 6, 1979 AS ALONG THE (SOUTH 23° BEGINNING; 67°17'31" POINT "A"; FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM OVER SAID EASEMENT JUNE 30, 1998 AS FILE NO. 1998-0403114 OF OFFICIAL RECORDS THE EASEMENTS DESCRIBED IN THE AFORESAID LANDS SHALL BE 12.00 FEET IN WIDTH, THE CENTERLINES OF WHICH ARE DESCRIBED AS FOLLOWS AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED DECEMBER FILE/PAGE NO, 79-512497 OF OFFICIAL RECORDS; THENCE SOUTHWESTERLY LINE THEREOF SOUTH 22°30'13" EAST 06'00" EAST RECORD) 293,12 FEET TO THE TRUE POINT OF THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH EAST, 20,13 FEET TO A POINT HEREIN DESIGNATED AS THENCE CONTINUING NORTH 67°17'31" EAST 60,00 FEET. ALSO BEGINNING AT SAID POINT A; THENCE NORTH 72°35'41" WEST, 15.42 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 34.00 FEET; THENCE NORTHWESTERLY 29,49 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°41'15"; THENCE NORTH 22°54'26" WEST, 19,41; THENCE NORTH 25°51'53" WEST, 105.18 FEET. 10. AN EASEMENT AFFECTING SAID LAND HEREIN AND INCIDENTAL PURPOSES FOR THE PURPOSES STATED IN FAVOR OF: FOR: RECORDED; SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION AN EASEMENT AND RIGHT OF WAY, UPON, OVER, UNDER AND ACROSS LANDS HEREINAFTER DESCRIBED, TO EXCAVATE FOR, PLACE, LAY, CONSTRUCT, OPERATE USE, MAINTAIN REPAIR, REPLACE, RECONSTRUCT AND/ OR REMOVE AT ANY TIME AND FROM TIME TO TIME STORM DRAINS AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THERE- FROM, TO AND ALONG THE DESCRIBED FACILITIES JUNE 30, 1998 AS FILE NO. 1998-0403115 OF OFFICIAL RECORDS 11. AN EASEMENT AFFECTING SAID LAND HEREIN AND INCIDENTAL PURPOSES FOR THE PURPOSES STATED IN FAVOR OF: FOR: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF IMPROVE, RECONSTRUCT, RELOCATE, REPLACE, REPAIR, INSPECT, PATROL, MAINTAIN AND USE ONE OR MORE LINES OF TOWERS AND/OR POLES, WITH, WIRES AND CABLES SUSPENDED THERON AND SUPPORTED THEREBY, INCLUDING FOUNDATIONS, GUYS, ANCHORAGE, CROSSARMS, BRACES, INSULATORS, GROUNDING WIRES AND ALL OTHER APPLIANCES, FIXTURES AND APPURTENANCES FOR USE IN CONNECTION THEREWITH; ALSO, UNDERGROUND FACILITIES CONSISTING OF, BUT NOT LIMITED TO, CONDUITS, PADS, MANHOLES, HANDHOLES, AND JUNCTION BOXES WITH WIRES AND SCHEDULE B 01-172534 RECORDED: CABLES PLACED THEREIN OR THEREON FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICTY AND FOR GRANTEE'S TELEPHONE, SIGNAL AND COMMUNICA- TION PURPOSES, AND ALSO FOR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES (ALL HEREINAFTER REFERRED TO AS GRANTEE'S FACILITIES) AT SUCH LOCATIONS AND ELEVATIONS AS GRANTEE MAY NOW OR OR HEREAFTER DEEM CONVENIENT OR NECESSARY AT ANY TIME OR FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO, FROM, ALONG AND WITHIN SAID EASEMENT BY A PRACTICAL ROUTE OR ROUTES, IN, UPON, OVER AND ACROSS THE HEREINAFTER DESCRIBED LANDS, TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID EASEMENT FROM STRUCTURES, INCLUDING BUT NOT LIMITED TO BUILDINGS, EXPLOSIVES, BRUSH, COMBUSTIBLES AND MATERIALS, AND TO CONSTRUCT AND MAINTAIN ROADS AS ARE NECESSARY AND APPROPRIATE HERETO JUNE 30, 1998 AS FILE NO. 1998-0403116 OFFICIAL RECORDS 12, AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: MARCH 29, 1999 SAN DIEGO GAS & ELECTRIC COMPANY AND WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION EASEMENT GRANT DEED AND AGREEMENT APRIL 1, 1999 AS FILE NO, 1999-217138 OF OFFICIAL RECORDS AN AMENDED AND RESTATED EASEMENT GRANT DEED AND AGREEMENT DATED APRIL 7, 1999, EXECUTED BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND WEST DEVELOPMENT, INC., TO CORRECT THE LEGAL DESCRIPTION OF THE SERVIENT TENENMENT DEFINED IN THE ORIGINAL AGREEMENT. SAID AMENDED AND RESTATED AGREEMENT RECORDED MAY 7, 1999 AS FILE NO. 1999-0313275 OF OFFICIAL RECORDS. 13. AN EASEMENT AFFECTING SAID LAND HEREIN AND INCIDENTAL PURPOSES FOR THE PURPOSES STATED IN FAVOR OF: FOR: RECORDED: SAN DIEGO GAS & ELECTRIC COMPANY INGRESS, EGRESS FOR TOJDERGROUND UTILITIES AND INCIDENTAL PURPOSES THERETO APRIL 1, 1999 AS FILE NO, 1999-0217139 OF OFFICIAL RECORDS 14, AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 29, 1999 BY AND BETWEEN: WEST DEVELOPMENT, INC. AND SAN DIEGO GAS REGARDING: EASEMENT GRANT DEED AND AGREEMENT RECORDED: APRIL 1, 1999 AS FILE NO, 1999-0217139 OF OFFICIAL RECORDS Sc ELECTRIC 15, A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN, AND ANY OTHER OBLIGATIONS SECURED THEREBY SCHEDULE B 01-172534 DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: MARCH 29, 1999 WEST DEVELOPMENT, INC. STEWART TITLE OF CALIFORNIA, INC. SAN DIEGO GAS & ELECTRIC COMPANY APRIL 1, 1999 AS FILE NO. 1999-0217140 OF OFFICIAL RECORDS. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO: RECORDED; CABRILLO POWER I, LLC, A DELAWARE LIMITED LIABILITY COMPANY MAY 21, 1999 AS FILE NO. 1999-0347269 OF OFFICIAL RECORDS 16. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 16546 RECORDED APRIL 14, 2000 AS FILE NO. 2000-192624 OF OFFICIAL RECORDS, WHICH SETS FORTH, OR PURPORTS TO SET FORTH CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 17. A NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING CANNON ROAD, INTERSTATE 5, AND SAN DIEGO NORTHERN RAILROAD TRANSPORTATION CORRIDOR(S), CASE NO, CUP 99-30/PUD 00-109/MS99-16-CANNON COURT, FILED BY WEST DEVELOPMENT, INC, A CORPORATION, AS OWNER, RECORDED MARCH 21, 2 002 AS FILE NO. 2002-0238473 OF OFFICIAL RECORDS, REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS, 18, A NOTICE AND WAIVER CONCERNING PROXIMITY OF PLANNED OR ESISTING UTILITY DISTRIBUTION FACILITIES FILED BY WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION, AS OWNER, RECORDED MARCH 21, 2002 AS FILE NO, 2002-0238474 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 19, CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT PERMIT NO,(S) CUP99-30 AND PUD 00-109 ISSUED BY THE CITY OF CARLSBAD ON JUNE 26, 2001 AND JANUARY 7, 2002, RESPECTIVELY, FILED BY THE CITY OF CARLSBAD AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 21, 2002 AS FILE NO, 2002-0238476 OF OFFICIAL RECORDS, REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 20 . AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: SEPTEMBER 11, 2002 CITY OF CARLSBAD AND WEST DEVELOPMENT, INC, HOLD HARMLESS AGREEMENT FOR DRAINAGE NOVEMBER 22, 2002 AS FILE NO. 2002-1076954 OF OFFICIAL RECORDS 21. AN AGREEMENT PARTICULARS TO WHICH REFERENCE IS HEREBY MADE FOR FULL DATED: BY AND BETWEEN: REGARDING: SEPTEMBER 11, 2002 CITY OF CARLSBAD AND WEST DEVELOPMENT INC, HOLD HARMLESS AGREEMENT REGARDING RECORDED: SCHEDULE B 01-172534 GEOLOGICAL FAILURE NOVEMBER 27, 2002 AS FILE NO, 2002-1076955 OF OFFICIAL RECORDS 22, A DECLARATION OF JOINT USE PARKING AGREEMENT FOR CANNON COURT, DATED MARCH 10, 2 003, EXECUTED BY WEST DEVELOPMENT, INC. RECORDED MARCH 12, 2003 AS FILE NO. 2003-0279554 OF OFFICIAL RECORDS 23, A DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL EASEMENTS FOR CANNON COURT, DATED MARCH 10, 2 003, EXECUTED BY WEST DEVELOPMENT, INC, RECORDED MARCH 12, 2 003 AS FILE NO. 2003-0279555 OF OFFICIAL RECORDS. 01-172534 REQUIREMENTS A. IT IS OUR COMPANY POLICY THAT ALL TITLE FEES DUE ARE DEDUCTED FROM AVAILABLE PROCEEDS. IN ADDITION, ALL TITLE CHARGES ARE DUE AND PAYABLE AT THE TIME OF RECORDING, B, ALL FUNDS NECESSARY TO FULFILL PAYOFF REQUIREMENTS, INCLUDING OF TAXES, MUST BE RECEIVED AND AVAILABLE FOR DISBURSEMENT AT THE TIME OF CLOSING, CLTA PRELIMINARY REPOJIF FORM EXHIBIT A CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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 OR 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 OR POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED 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. UNENFORCEABLILITY 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 OR 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 INStJRED 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. S. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS 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. 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 NOTICES 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 SHOMN 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. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLB GUARANTY COMPANY PAGE 1 OP 6 CLTA PRELIMINARY REPORT FORM 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSTTRANCE POLICY (6-1-87) 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 GOVERNMENTAL REGULATION. THIS INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING: * LAND USE * IMPROVEMENTS ON THE LAND * LAND DIVISION * ENVIRONMENTAL PROTECTION THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS WHICH APPEAR IN THE PUBLIC RECORDS AT POLICY DATE. THIS EXCLUSION DOES NOT LIMIT THE ZONING COVERAGE DESCRIBED IN ITEMS 12 AND 13 OF COVERED TITLE RISKS. 2. THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS: * A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS ON THE POLICY DATE * THE TAKING HAPPENED PRIOR TO THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT KNOWING OF THE TAKING 3. TITLE RISICS: * 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 THK 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. 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. ANY RIGHTS, INTERESTS, OR CLAIMS OP PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS. 3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS. 4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 2 OF 6 CLTA PRELIMINARY REPOjj^ FORM 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEY'S 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 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 POTLIC 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, StIFFERED, 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 (EXCEPT TO THE EXTENT THAT THIS POLICY INSTOES THE PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIAL OR TO THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO THE 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 APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED. 5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INStJRED 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 LAlTO WHICH IS CONTRACTED FOR AND COMMENCED SUBSEQUENT TO DATE OF POLICY AND IS NOT FINANCED IN WHOLE OR IN PART BY PROCEEDS OF THE INDEBTEDNESS SECURED BY THE INSURED MORTGAGE WHICH AT DATE OF POLICY THE INSURED HAS ADVANCED OR IS OBLIGATED TO ADVANCE. 7. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (ID THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OR EQUITABLE SUBORDINATION; OR (III) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER REStJLTS FROM THE FAILURE: (A) TO TIMELY RECORDED THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PtJRCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 3 OF 6 CLTA PRELIMINARY REPOl^FORM THE ABOVE POLICY FORMS MAY BE ISStKD TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: 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 REStILT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PtTOLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IM POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOIMDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOtJLD 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. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLtTOING 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 PtJBLIC 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 tJNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PtJBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OP POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOtTT 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 INStJRED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INStJRED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INStJRED 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 INStJRED THE ESTATE OR INTEREST 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 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 INSTRtJMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 4 OF S CLTA PRELIMINARY REPQ^ FORM THE ABOVE POLICY FORMS MAY BE ISStJED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OH 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 PtJBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES 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 PtJBLIC RECORDS BUT WHICH COtJLD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PtJBLIC RECORDS. 4. DISCREPANCIES, CONFLIICTS 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. 5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INStiRED 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 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, tJNLESS: 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 PtJBLIC RECORDS; B. THAT ARE KNOWN TO YOU AT THE POLICY DATE, BUT NOT TO US, UNLESS THEY APPEAR IN THE PtJBLIC RECORDS AT THE POLICY DATE; C. THAT RESULT IN NO LOSS TO YOU; OR D. THAT FIRST OCCtJR AFTER THE POLICY DATE - THIS DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 7, B.D, 22, 23, 24 OR 25. 5. FAILURE TO PAY VALUE FOR YOUR TITLE. 6. LACK OF A RIGHT: A. TO ANY LAND OtJTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IH PARAGRAPH 3 OF SCHEDtJLE 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. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 5 OF 6 GOLD" COMPREHENSIVE PROTECTIOJj lAN POLICY OF TITLE INSURANCE EXCLUSIONS PROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLtJDED FROM THE COVERAGE OF THIS POLICY AND THE COMPJiNY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH MLISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BtJT 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 FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INStJRING PROVISIONS NtJMBER 14, 15, 15, 17, 34, AND 41. (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 FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INStJRING PROVISIONS NtJMBER 14, 15, 16, 17, 34, AND 41. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PtJBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCtJRRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KN0WLEIX3E. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) CREATED, StJFFERED, ASSUMED OR AGREED TO BY THE INStJRED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INStJRED 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 EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35, 38, 39, AND 40); (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INStJRED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE. 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILtJRE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY StJBSEQUENT 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 INStJRED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON ANY CONSUMER CREDIT PROTECTION OR TRUTH-IN-LENDING LAW. 6. 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 ESTATE 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 StIBORDINATION; OR (C) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER REStJLTS 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. 7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE COVERAGE OF INStJRING PROVISION 34. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 6 OF 6 c o T S Transmittal Letter To: Cunningham Consulting 5835 Avenida Encinas Suite 112 Carlsbad, CA 92008 Dafe: 2-18-04 Project: Cannon Court Re: Title Report Job Wo: 99-1004 Attention: Dennis Cunningham Transmitted Pick up Email: decc@nctimes.net TM: M.S. 99-16, SDP 00-09, CUP 99-30, CUP 99-31, PUD 00-109 DWG: Phone No: (760) 931-6619 Fax No: (760) 931 -6681 Ext: Enclosed, please find the following: 2- Title Report dated May 12, 2003 Remarks: Dennis- I am sending you enclosed per your request. Should you have any questions or comments, please let me know. By: Thomas L Guinn Project Engineer For: Meg Carroll Project Manager CC: John Buza, J.A. Buza Corporation 2710 Loker Avenue West Civil Engineering Suite 100 Planning Carlsbad, California 92008-6603 Processing (760) 931-7700 Surveying Fax: (760) 931-8680 E-mail: tomg@odayconsultants.com J.A. BUZA CORP. Construction • Development February 17, 2004 RECEIVED Ms. Barbara Kennedy Planning Dept. FES 1 8 2004 City of Carlsbad r»i-rw ^^ 1635 Faraday Avenue ^'OF CARLSBAD Carlsbad, Ca. 92008 PLANNING DEPT. Re: Cannon Court, Amendment to CUP 99-30, requesting to be allowed to sell beer and wine at" Westmart". Dear Barbara, As you are aware, from our conversations, we would iike to begin the process to amend our CUP. I don't know if you have had an opportunity to go into our store, but if you have, you saw how just how limited our available space is. This limitation will allow us to have a 3 door cooler for beer, and a small display of room temperature wines. I mention this only because in many convenience stores you see entire walls of beer coolers, and that will not be possible in our store. To confirm that both the ABC and the Carlsbad Police would give their eventual approvals, we completed the following. Our store manager, Boland Davari (long time Carlsbad resident), met with the ABC in San Marcos. In their discussion, they saw no reason our location would not be granted their approval. As for the Carlsbad Police, Dennis Cunningham met Officer Chris Boyd. Per Dennis, Officer Boyd, after reviewing our location, and the Departments criteria, felt our request was reasonable, and saw no reason why we would not be granted their approval. As I mentioned in earlier correspondences, we realize how serious a responsibility the sales of beer and wine is, and first as a parent, and second as a developer with nearly six years invested, we will be extremely careful if given this approval. In conclusion, I felt it might be of interest to give you an approximate timeline for the two restaurants, and our Hotel. Restaurant A, (4,700 sq.ft.) should be breaking ground within 2 to 3 weeks. Hotel working drawings should be ready to submit to the City in approximately 90 days, and we are 100% ready to break ground as soon as the permits are final. Restaurant B, (7,700 sq. ft.) will have working drawings follow right behind the Phone: 760.431.9190 - Fax: 760.431.9195 6185 Paseo Del Norte, Suite 170 • Carlsbacl, CA 92009 Hotel, and break ground as soon as the underground parking garage is complete and backfilled. Our interest is getting all our buildings complete and operational, as soon as possible. Dennis Cunningham will be assisting me in this processing; so don't hesitate to contact Dennis (cell 760.801.4767) or me, with any questions. We have continual requests, many of whom come from our neighbors, so any assistance you could offer in getting the process started, would be very much appreciated. Sincerely, John A. Buza City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 0 0! Applicant: BUZA JOHN A Description CUP9930A Amount 5 . li Receipt Number: R0042242 Transaction Date: 05/10/2004 Pay Type Method Description Amount Payment Check 9454 5.18 Transaction Amount: 5.18 A99 .mi city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: BUZA JOHN A Description CUP9930A Amount 5 . li Receipt Number: R0042279 Transaction Date: 05/10/2004 Pay Type Method Description Amount Payment Check 2 53 9 5.18 Transaction Amount: 5.18 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: BUZA JOHN A Description CUP9930A Amount 1,585.00 5566 02/18/04 0002 01 02 CGF" 1585-00 Receipt Number: R0040456 Transaction Date: 02/18/2004 Pay Type Method Description Amount Payment Check 2348 1,585.00 Transaction Amount: 1,585.00 Citv of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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, June 2, 2004, to consider a request for an amendment to CUP 99-30 to ailow alcohol sales at the Westmart gas station/mini-mart within the Cannon Court project located on the northwest corner of Cannon Road and Interstate 5 at 4990 Avenida Encinas, in the C-T-Q zone, the CommercialA/isitor Serving Overlay Zone, and Local Facilities Management Zone 3 and more particularly described as: Parcel 1 of Parcel Map No. 19380, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 2, 2003 as File No. 03- 1430564 of Official Records Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after May 27, 2004. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. If you challenge the amendment to a Conditional Use Permit 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. CASE FILE: CUP 99-30(A) CASE NAME: CANNON COURT PUBLISH: MAY 20, 2004 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SITE CANNON COURT CUP 99-30(A) -Smooth Feed Sheets^ Use template for 5160^ PRENTISS PROPERTIES ACQUISIT: 38 90 W NORTHWEST HWY 4 00 DALLAS TX 75220-5166 LIETTE SHARP 8 38 OAKWOOD AVE GLENDORA CA 91741-2850 JAMES GRANT 5051 AVENIDA ENCINAS CARLSBAD CA 92008-4363 BART & SUSAN STOTLER 5090 EL ARBOL DR CARLSBAD CA 92008-4 312 BETTY TODD 5100 EL ARBOL DR CARLSBAD CA 92008-4314 CANNON ROAD L L C\ 755 RAINTREE DR 200 CARLSBAD CA 92009-3298 WEST DEVELOPMENT INC PO BOX 8 617 RANCHO SANTA CA 92067-8617 CANNON ROAD LLC 174 5 ROCKY RD FULLERTON CA 92831-1233 CABRILLO POWER 4600 CARLSBAD BLVD CARLSBAD CA 92008 CA DEPT OF PARKS OF REC P O BOX 942896 SACRAMENTO CA 94296 TERRAMAR HOA P O BOX 860 CARLSBAD CA 92018 ^ AVERY® Address Labels notice has been mailed to ..iil property owners/occupants listed herein. ^ , Date; <r-/r'0^ Signature^^ / Laser 5160® • (1,091 S JBSBT siaqE"! ssajppv CURRENT RESIDENT 5050 AVENIDA ENCINAS CARLSBAD CA 92008-4381 CURRENT RESIDENT 5051 AVENIDA ENCINAS CARLSBAD CA 92008-4363 CURRENT RESIDENT 5010 AVENIDA ENCINAS CARLSBAD CA 92008-4371 CURRENT RESIDENT 5090 EL ARBOL DR CARLSBAD CA 92008-4312 CURRENT RESIDENT 5100 EL ARBOL DR CARLSBAD CA 92008-4314 CURRENT RESIDENT 5080 EL ARBOL DR CARLSBAD CA 92008-4312 *** 6 Printed *** ,5189115 psaj MJOOLUc; .®091S J9SB1 ill PRENTISS PROPERTIES ACQUISIT: 38 90 W NORTHWEST HWY 4 00 DALLAS TX 75220-5166 LIETTE SHARP 838 OAKWOOD AVE GLENDORA CA 91741-2850 JAMES GRANT 5051 AVENIDA ENCINAS CARLSBAD CA 92008-4363 BART & SUSAN STOTLER 5090 EL ARBOL DR CARLSBAD CA 92008-4312 BETTY TODD 5100 EL ARBOL DR CARLSBAD CA 92008-4314 CANNON ROAD L L C\ 755 RAINTREE DR 200 CARLSBAD CA 92009-3298 WEST DEVELOPMENT INC PO BOX 8 617 RANCHO SANTA CA 92067-8617 CANNON ROAD LLC 17 45 ROCKY RD FULLERTON CA 92831-1233 CABRILLO POWER 4600 CARLSBAD BLVD CARLSBAD CA 92008 CA DEPT OF PARKS AND REC P O BOX 942896 SACRAMENTO CA 94296 TERRAMAR HOA P O BOX 860 CARLSBAD CA 92018 ®09lSJOiaiBidujai3sn i^yxSiaaMS P99J MIOGLUS jasBT siaqen ssajppv CURRENT RESIDENT 5050 AVENIDA ENCINAS CARLSBAD CA 92008-4381 CURRENT RESIDENT 5051 AVENIDA ENCINAS CARLSBAD CA 92008-4363 CURRENT RESIDENT 5010 AVENIDA ENCINAS CARLSBAD CA 92008-4371 CURRENT RESIDENT 5090 EL ARBOL DR CARLSBAD CA 92008-4312 CURRENT RESIDENT 5100 EL ARBOL DR CARLSBAD CA 92008-4314 CURRENT RESIDENT 5080 EL ARBOL DR CARLSBAD CA 92008-4312 *** 6 Printed *** ®09lSJOjajBiduiaiasn i^^siaaqs paaj iljoouis TITLE PRO INFORMATION SYSTEMS I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND ASSESSORS PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN:^'?....-.<^r.r-Z^^f^^Z5^^THE^^EQl^ OF .^^.O....FT. TITLE PRO INFORMA TION SYSTEMS — Prepaared for: WEST DEVELOPMENT CO. ROBIN GULP 6185 PASEO DEL NORTE #170 CARLSBAD. CA 92009 Phone: 760-431-9190 Fax: 760-431-9195 E-mail: Prepared by: J-'frO/ Referenoe: PROJECT MAWA<3ER Account Rep: Phone: 619 339-4253 Fax: 619 339-4253 E-mail: ronald Cogswell® aoi.com Format: Output: All Records (1 to 11) (11 of 11 Records) Search Criteria Parcel 21016010, 21016011, 21016025, 21001040, 21001038, 21101024, 21009017, 21009024, 21009036, Niunber 21009043, 21009052 Research All Records 11 matching property/properties were found. Tue May 04 17:20:20 2004 **This Information is sourced from public documents and is not guaranteed* Use Code Zone YrBIt Units SaFt SaleAmt Phone SaleDt 1 Parcel: 210-010-38 Privacy: Owner: WEST DEVELOPMENT INC VACANT LAND-RESIDENTIAL C Site: * CARLSBAD CA Mail: PO BOX 8617*RANCHO SANTA FE CA $470,OOOF 92067 09/29/199E 2 Parcel: 210-010-40 Privacy: Owner: CABRILLO POWER I L L C\ Site: CANNON RD*CARLSBAD CA Mail: CALIFORNIA STATE ASSESSED 05/21/1999 Parcel: 210-090-17 Privacy: Owner: CITY OF CARLSBAD 00 Site: *CARLSBAD CA Mail: PUBLIC AGENCY* 11/23/1976 4 Parcel: 210-090-24 Privacy: Owner: CANNON ROAD LLC VACANT LAND-INDUSTRIAL M Site: CANNON RD*CARLSBAD CA Mail: 1745 ROCKY RD* FULLERTON CA 92831 03/22/1984 5 Parcel: 210-090-36 Privacy: Owner: PRENTISS PROPERTIES ACQUISITION 1-3 STORY OFFICE OR STORE M 1987 1 Site: 5050 AVENIDA ENCINAS*CARLSBAD CA 92008 Mail: 3890 W NORTHWEST HWY 400*DALLAS TX 75220 51,571 $7,550,OOOF 02/05/1998 6 Parcel: 210-090-43 Privacy: Owner: GRANT, JAMES E TR 1-3 STORY OFFICE OR STORE M Site: 5051 AVENIDA ENCINAS*CARLSBAD CA 92008 Mail: 5051 AVENIDA ENCINAS*CARLSBAD CA 92008 $1,610,OOOF 02/07/2003 7 Parcel: 210-090-52 Privacy: Owner: CANNON ROAD L L C\ HOTEL-MOTEL M 2002 9f Site: 5010 AVENIDA ENCINAS*CARLSBAD CA 92008 Mail: 755 RAINTREE DR 200*CARLSBAD CA 92009 65,763 09/28/2000 8 Parcel: 210-160-10 Privacy: Site: 5090 EL ARBOL DR*CARLSBAD CA 92008 Owner: STOTLER, BART & SUSAN Mail: 5090 EL ARBOL DR*CARLSBAD CA 92008 SINGLE RESIDENCE Rl 1970 1 1,632 $640,000 09/23/2003 9 Parcel: 210-160-11 Privacy: Site: 5100 EL ARBOL DR*CARLSBAD CA 92008 Owner: TODD, BETTY M TR Mail: 5100 EL ARBOL DR*CARLSBAD CA 92008 SINGLE RESIDENCE Rl 1970 1 1,597 (760)438-3120 09/24/1970 10 Parcel: 210-160-25 Privacy: Site: 5080 EL ARBOL DR*CARLSBAD CA 92008 Owner: SHARP, LIETTE C TR Mail: 838 OAKWOOD AVE*GLENDORA CA 91741 SINGLE RESIDENCE Rl 1970 1 1, 632 01/22/2002 11 Parcel: 211-010-24 Privacy: Owner: STATE OF CALIFORNIA 00 Site: * CARLSBAD CA Mail: 12/08/1997 Copyright DataQuick Information Systems 1998-2000. The atiove Information Is sourced from public Information and Is not guaranteed. Fanns - 3 Une CURRENT RESIDENT 5050 AVENIDA ENCINAS CARLSBAD CA 92008-4381 CURRENT RESIDENT 5051 AVENIDA ENCINAS CARLSBAD CA 92008-4363 CURRENT RESIDENT 5010 AVENIDA ENCINAS CARLSBAD CA 92008-4371 CURRENT RESIDENT 5090 EL ARBOL DR CARLSBAD CA 92008-4312 CURRENT RESIDENT 5100 EL ARBOL DR CARLSBAD CA 92008-4314 CURRENT RESIDENT 5080 EL ARBOL DR CARLSBAD CA 92008-4312 *** 6 Printed **' PRENTISS PROPERTIES ACQUISIT: 3890 W NORTHWEST HWY 400 DALLAS TX 75220-5166 LIETTE SHARP 838 OAKWOOD AVE GLENDORA CA 91741-2850 JAMES GRANT 5051 AVENIDA ENCINAS CARLSBAD CA 92008-4363 BART & SUSAN STOTLER 5090 EL ARBOL DR CARLSBAD CA 92008-4312 BETTY TODD 5100 EL ARBOL DR CARLSBAD CA 92008-4314 CANNON ROAD L L C\ 755 RAINTREE DR 200 CARLSBAD CA 92009-3298 WEST DEVELOPMENT INC PO BOX 8617 RANCHO SANTA CA 92067-8617 CANNON ROAD LLC 174 5 ROCKY RD FULLERTON CA 92831-1233 *** 8 Printed *** 09 39.27 182.42 533.08 210-09 SHT 1 OF 30654- 3 1"=400' 7/23/01 DJB CHANGES BLK OLD NEWjYI^ CUT // /3^eA 7C /3 oii IB /UC IT 73 3SS3 /8 78 /Ot /9 78 ZS34 81 2833 Zo st.mW.% BZ /ae? 2\ 2S-4Z ^2 Z.Z B/L 82 5790 3>& 33 32Z3 54-J4as 47f4e i797 87 /BBS 47 <?; 18^2 45 ST teip yz i}'74e> So SAME < ST miO 32 4749 51 52 475? 23 S2 * ST OP 98 U3B CANC 52 SAME k ACC RTS 02 5525 52 SAME Ic ACC RTS 02 4665 i 1* PARS 21A ic 22A SBE MAP 804-37-8L 2* NO ACCESS 3* SEE DETAIL "E' SAN DIFRO COrHTY ASSESSOR'S MAP BK 210 PG 09 SHT. I OF 2 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACT Of THE DATA SHOWN. ASSESSOR'S PARCELS MAY N3T COMPLY WITH LOCAL SUBDIVISON OR BUILDNG ORDIsWNCES. MAP 823 - RHO AGUA HEDIONDA - POR LOT H ROS 1806,7050,13036,16192 0 ft 210-09 SHT 2. I SEE PM 11133 FOR I* PAR 2 PER 2* 3 3* •' 4 4* " 5 5# •• 6 6* 7 7* 8 8« '• 10 9* •• II „ I0» 12 ... II* PAR r3 PER SAN DIEGO COUNTY ASSESSOR'S MAP BOOK.210 PAGE 09 MAPPED FQR ASSESSMtNT PURPOSES ONLY MAP 823-RHO AGUA HEDIONDA-POR LOT H = 200' 09 3 N83°00'15"W N82° 56'47"W N38°25"26"W S88° 06'01"E N67° 31"44"E 322° 28'16"E S67°33'26"W 71.08 21.678 M 5.108 M 11.463 M 25.665 M 10.873 M 15.840 M 211-01 3 2/28/02 JES 1"=800' CHANGES BLK OLD NEW YR CUT o/o S^iZ,/^ /9. 2/ 70 •2. 1 73 22 Z3f24 J743 1 1 PS f( 89 2/5 25-•4/fo/ P«s 4 uo b xrZ-OM-"f J 1155 24 SAME & HWY OP 98 4722 27 28&29 99 1226 29 POR -100-14 99 1214 26 30&31 02 2067 PAR 9 SBE MAP 141-37-73J THIS MAP WAS PREPARED K)R ASSESS»»CNT PURPOSES ONLY. NO LWBirTY IS ASSIACD FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISDN OR BUILDING ORDNANCES EGO COUNTY ASSESSOR'S MAP BK 211 PG 01 MAP 823 - RHO AGUA HEDIONDA-POR LOT H&F-MM209 MM 209 ROS 1806. 11737. 12462. 13995. 16331 r 09C6L m •5^ ua M somiu «-m~ MM m IUI MM \0 Z AOZ IHS 10 —0L3 dvn s,iDSS3ssv kimo (XQIO NVS M O £ o oa id cn tfl u THIS MAP SHOULBlBE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLYWITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 60 0 Q) 0^ o H M 0 to to Q) to to 0 q tn <D d) I •^1 to bq CO H « t! 0 ft, •H •• V4 M 0 0) to "a Q) M Q O 09 m a. S gig uuz: _j iii <— "E: SAN DIEGO 210-16 ^ _ 1"= IOO' 2/2/2000 AW CHANGES OLD NEW YR CUT 160 1 SAME & ST OP 00 4756 USi ft 3^ Vei COUNTY ASSESSOR ® MAP 6347-TERRAMAR MAP 2867 -TERRAMAR UNIT NO. 7 UNIT NO.3 09 \ THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS fiwY NOT CO»^LY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. eo 0 210-01 SHT 1 OF 2 I HANGES 1 'to IN 1 S •i M 1^- t- O CM •* 2033 1 Kl ID m 1272 1 1830 1 HANGES 1 o CN o> o> o o o o •«(• o HANGES 1 1 •n CO 5 •* IO Ji IO o •* «u <o (/>< 1 •.»• •<i-1 — HANGES 1 Ck % Al *> w CJ Kl to K) CD Kl oo CB Kl Ji Kl — O o o 1"=400' I-CARLSBAD STATE BEACH CANNON PARK PACIFIC OCEAN ^MAP 823 - RHO AGUA HEDIONDA POR LOT H MM 200 ^ROS 1806,16154.16192.16418.16546.1735C City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Applicant: BUZA JOHN A Description CUP9930A Amount 5 . li Receipt Number: R0042242 Transaction Date: 05/10/2004 Pay Type Method Description Amount Payment Check 9454 5.18 Transaction Amount: 5.18 PROOF OF PUBLIC AON (2010 & 2011 C.C.P.) This space is ^^^fj^^ County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS Califomia This MENT NOTIOf 18 HMBrrifnO^ »» Plwvikig commis-sion of the Clly of Cbrsbatl hold a puMcTiearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad. California, at 6:00 p.m. on Wednesday, June 2, 2004, to consider a request for an amendment to CUP 99-30 to allow aico^oi sales at the Westmart gas sta-tion/mini-mart within the Cannon Court project located on the northwest cofner of Cannon Road and Interstate 5 at 4990 Avenida Encinas, in tie C-T-Q zone, the Com-mercial/Visitor Sarvjrig Overiay Zone, and Local Facili-ties Managament Zone 3 and more particulatly de-scribsd AS* Parcel 1 of Parcel Map No. 19380, in the City of Carls-bad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, De-cember 2, 2003 as File No. 03- 1430564 df Oftlcial Records Those persons wishing to speak on this proposal are cordiaiiy invited to Attend the public hearing. Copies of the staff report will be avaiiabie oh and afler May 27, 2004. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. If you challenge the amendment to a Conditional Use Permit in court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In ttiis notice or in written correspondence de-livered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CUP 99-30(A) CASE NAME: CANNON COURT PUBLISH: MAY 20,2004 CiTY OF CARLSBAD PLAIWiNG DEPARTMENT NCT 1642573 May 20, 2004 CANNON COURT CUP 99-30(A) Day of May, 2004 / Signature NORTH COUNTY TIMES Legal Advertising CARLSBAD FIRE DEPARTMENT Fire Protection Services PRELIMINARY REVIEW REPORT PROJECT NAME: Cannon Court (Westmart) Date: 8 March 2004 Project number: CUP 99-30 (A) Preliminary comments; (Note: This commentary identifies missing information that must be included with the official project submittal. It may also identify fire protection issues associated with the project.) FIRE - has no comments or conditions regarding this application. OP i City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION June 23, 2004 John Buza 6185 Paseo Del Norte, Ste. 170 Carlsbad, CA 92009 SUBJECT: CUP 99-30(A) - CANNON COURT At the Planning Commission meeting of June 16, 2004, your application was considered. The Commission voted 5-0 to RECOMMEND DENIAL. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the fmal dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J. HOL5 Planning Director ILLER IVIJH:BK:mh Enclosed: Planning Commission Resolution No. 5640 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department May 27, 2004 John Buza 6185 Paseo Del Norte, Suite 170 Carlsbad, CA 92009 SUBJECT: PRE 04-30 - CANNON COURT CONSISTENCY DETERMINATION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Consistency Determination, application no. PRE 04-30, 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 appiication. in addition, you shouid 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 Department will begin processing your application as of the date of this communication. At this time, the City asks that you provide two complete sets of the revised development plans so that the project can continue to be reviewed. Please contact your staff planner, Barbara Kennedy, at (760) 602-4626, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:BK:bd c: Gary Barberio, Team Leader Frank Jimeno, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ISSUES OF CONCERN No. PRE 04-30 Cannon Court Consistency Determination Planning: Several minor changes need to be made to the plans in order for staff to support the consistency determination. Please revise the plans as follows: 1. Include the "Project Data" information on the revised site plan. Please modify the square footage of the restaurant and the number of parking spaces required to reflect your new proposal. 2. The parking garage floor plan needs to be revised as follows: a. Show the backup distance between the stairway/raised concrete pad and the three parking spaces in the southeast corner of the parking garage. b. Show the required 5' off-set between the perpendicular parking spaces at the northeast and southwest corners of the parking garage (see previous plan). Engineering: None. Majled 5-/i//iicj City of Carlsbad Planning Department May 11, 2004 Mr. John A. Buza Ste 170 6185 Paseo Del Norte Carlsbad CA 92009 SUBJECT: CUP 99-30(A) - CANNON COURT The preliminary staff report for the above referenced project will be mailed to you on Friday, May 14, 2004. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on May 24, 2004. 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 your required unmounted colored exhlbit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your 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 project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Barbara Kennedy at (760) 602-4626. Sincerely, DON NEU Assistant Planning Director DN:BK:bd c: File Copy Frank Jimeno, Project Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department April 26, 2004 Mr. John A. Buza 6185 Paseo Del Norte, Suite 170 Carlsbad, CA 92009 Post-it* Fax Note 7671 ^° ('/tty if rA'^kA Phone # ^5^_^^^2i. Fax# Fax* SUBJECT: CUP 99-30(A) - CANNON COURT Your application has been tentatively scheduled for a hearing by the Planning Commission on June 2, 2004. However, for this to occur, you must submit the additional items listed below. If the required items are not received by Mav 10. 2004. 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. Please submit the foliowing plans: A) 10 copies of your 11x17 colored site plan. B) One 872" x 11" copy of your reduced site plan (uncolored). 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners 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) Mailing Labels - two (2) separate sets of mailing labels of the PROPERTY OWNERS within a 600 foot radius of the subject property. 'Please note that the project boundary is considered to be the perimeter of the entire Cannon Court project. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® CUP 99-30(A) - CANNOT^ COURT April 26, 2004 Page 2 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 C) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. D) 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. Cash check (payable to the City of Carlsbad) and credit cards are accepted. 3) Pursuant to Chapter 21.208J390 of the Carlsbad Municipal Code, a project notification sign must be posted upon the City's determination of completeness of the application. Please refer to the above referenced ordinance section for the specific requirements for the sign. Since the hearing date has been set, the "notice of public hearing" sign should be posted, rather than an "application in process" sign. Submit a draft of the copy, size and color of the proposed sign and the proposed sign location for staff approval prior to posting the sign. Please contact me if you have any questions. Sincerely, BARBARA KENNEDY, AlCP Associate Planner BK:mh Attachment 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: City of Carlsbad Planning Department April 26, 2004 Mr. John A. Buza 6185 Paseo Del Norte, Suite 170 Carlsbad, CA 92009 SUBJECT: CUP 99-30{A) - CANNON COURT The items requested from you earlier to make your Conditional Use Permit Amendment, application no. CUP 99-30(A) complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Barbara Kennedy, at (760) 602-4626, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:BK:mh c: Gary Barberio, Team Leader Frank Jimeno, Project Engineer * File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us J.A. BUZA C^P. Construction • Development March 23, 2004 l"" -^- • C • • Cli Ms. Barbara Kennedy Planning Department City of Carlsbad - -^i- 1635 Faraday Ave. Carlsbad Ca. 92008 Re: "Cannon Court" CUP 99-30 (A) Dear Barbara, I received the enclosed letter from Michael Holzmiller, dated March 17,2004, requesting additional information. I also had a conversation with Dennis Cunningham on March 10, where Dennis relayed details of his conversation with you. Dennis explained that if I could supply you some additional information it might be helpful. Dennis informed me that the protocol for the staff would include reviewing the City Resolution, then research reasons why the staff could support our request. I feel I have additional information regarding our meeting with the Department of Alcoholic Beverage Control (ABC) and the Carlsbad Police Department, which should be helpful. I also will elaborate on the reasons for our request. Before that, I would like to make a few comments on the City resolution, which I realize would not be included in your staff report, but I felt important to mention. I realize you have processed dozens of projects since our meeting with the Planning Commission in May 2001, and City Council in June of 2001, so please allow me to refresh your memory. In our May hearing with Planning, as with the dozens of meetings and correspondences with the City prior, no mention of our store being prohibited from selling beer and wine was ever mentioned. During your report the night of our hearing with City Council, neither you, nor any member of City Council initiated the idea of prohibiting this sale. This idea came from one of our neighbors, with the reason stated that this person felt we would sell beer to young people, and they would be drinking on the beach, and breaking bottles. At this point of the hearing, after only a handful of our hundreds of neighbors had addressed the Council, some asking for no development ever, making the property a fish farm or a tree farm, the idea of prohibiting us from selling beer or Phone: 760.431.9190 'Fax: 760.431.9195 6185 Paseo Del Norte, Suite 170 • Carlsbad, CA 92009 wine started to catch on, since it appeared the Council agreed with Planning's recommendation, and liked our project. I apologize for going into such detail, but the fact is that the list of reasons, which someone carefully authored in the resolution, in my recollection, was not discussed at our hearing. The resolution also lists the " City-wide trail system" and our "Proposed Park" as additional reasons for this prohibition. Considering I was requested to grant an easement for the trail, which caused months of delays, and very high costs, plus I planned, designed, and constructed a park that was not mandated by anyone, I hope these are not used against us. As I will explain neither the ABC or Cartsbad police saw any reason for our store being prohibited from being allowed to sell beer and wine, from the reasons mentioned in the resolution, or any other reasons. I realize the letter from Mr. Holzmiller directs we to provide the information directly to you by appointment, but considering how bnef the information requested is; I enclosed a copy for your review. Per the letter, I'm requesting you call 858.395.1908 or email me iabuza(S).iabuza.com. with a meeting time convenient to you. Sincerely, John A. Buza Cannon Court- CUP 99-30 (A) Research into the approval process with the Carlsbad Police Department Per my previous letter, Dennis Cunningham spoke with Officer Chris Boyd of the Carlsbad Police Department. Officer Boyd informed Dennis that Officer Mike Cook would be the person who handles the processing in co-ordination with ABC. Officer Boyd proceeded to discuss our project and the criteria the Department uses. Per Dennis, he mentioned that the Department looks at Crime Index, and License permitting vs. existing establishments. Officer Boyd told Dennis that Carisbad does not have a " Crime Index "; therefore this would not discourage their approval. The next was looking at existing facilities, which Officer Boyd told Dennis was not an issue considering no such facilities are at our intersection. Officer Boyd did ask Dennis whether or not our Development would have similar requests; Dennis explained we were permitted for 2 restaurants and a Hotel. Per Dennis, Officer Boyd stated that although our future restaurants may Include bars, that our request seemed very reasonable. Officer Boyd saw no potential problem. Officer Boyd can be reached at 760.931.2195. For additional information regarding their meeting, please don't hesitate to contact Dennis Cunningham at 760.801.4767 Cannon Court- CUP 99-30(A) Research into the approval process with the Department of Alcoholic Beverage Control To investigate the position of the ABC, our store manager, Boland Davari, met with Vickie Martin at the ABC's San Marcos office. In Boland's meeting, they discussed our stores proximity to residences, and public parks. They determined we were at an allowable distance from both. They also discussed the fact that there were no other similar stores at our intersection. Ms. Martin felt our request was reasonable, and had no reason to see that our future application would not be approved. They discussed that no application would be accepted without the approval of the Carisbad Police Department. Should you have any further questions, Boland Davari, our store manager can be reached at 858.395.1591. The technician with ABC, whom Boland met with, Vickie Martin, can be contacted at 760.471.4237. Cannon Court - CUP 99-30 (A) Developers reasons for requested amendment The next area to discuss Is why Planning should support our request. First and foremost I would again like to say that as a Developer who has spent six years to Develop Cannon Court, we would manage the responsibility as thoroughly as any establishment in Carisbad. The primary reason for our request Is that we always felt It would be an important convenience for serving our customers, as confirmed by the number of requests, many of who have stated they are neighbors. The other part of our reasoning was to serve the guests of both our future Hotel, and the Inns of America guests, across Cannon. From our research, we feel that some travelers enjoy having an alcoholic beverage in their hotel room, and although there are other convenience stores In the area, this would eliminate people having to drive to Palomar Airport, Poinsettia, or Tamarac. Another point I would ask you to consider. Is the size of our store, and that we will be limited to only a three door freestanding refrigerator, and a very small display of room temperature wines. I realize when you walk Into many local convenience stores, you see up to 10 doors dedicated to alcohol sales, and our space prohibits anything near that type of operation. City of Carlsbad Planning Department March 17, 2004 Mr. John A. Buza 6185 Paseo Del Norte, Suite 170 Carlsbad, CA 92009 SUBJECT: CUP 99-30(A) - CANNON COURT Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your conditional use permit amendment, application no. CUP 99-03(A), as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment All list items must be submitted simultaneously and a copy of this list must be included with your submittal. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 18, 2004, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Barbara Kennedy, at (760) 602-4626, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:BK:bd c: Gary Barberio, Team Leader Frank Jimeno, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CUP 99-30 (A) - CANNON COURT Planning: City Council resolution 2001-209 states that, "Any future proposal for retail sale of alcoholic beverages at the gas station/mini-mart shall require an amendment to the CUP by the City Council after a report and recommendation by the Planning Department and Planning Commission. Any such future proposal for the retail sale of alcoholic beverages shall also require review and recommendation by the Police Chief in accordance with law." In order for staff to prepare the report and recommendation, please submit documentation of your discussions with ABC and Carlsbad Police regarding their support of your proposal. Please include the criteria used to evaluate liquor license requests from these two entities and their reasons for supporting your request. Engineenng: None Fire: None ISSUES OF CONCERN Planning: None Engineering: None Fire: None ERRATA SHEET June 16, 2004 TO: PLANNING COMMISSION FROM: Planning Department CANNON COURT - CUP 99-30(A) Staff requests that the following amendments be made to Planning Commission Resolution No. 5640: Title: Line 2 - change from DENIAL to "...RECOMMENDING DENIAL OF CONDITIONAL USE PERMIT AMENDMENT..." Page 2 - Delete Finding No. 1 and renumber remaining Findings. Tbe City of Carlsbad Planning Department A REPORT TO THE PLANNING GOMMISSION Item No. P.C. AGENDA OF: June 16, 2004 Application complete date: April 22, 2004 Project Planner: Barbara Kennedy Project Engineer: Frank Jimeno SUBJECT: CUP 99-30(A) - CANNON COURT - Request for an amendment to CUP 99-30 to allow alcohol sales at the Westmart gas station/mini-mart within the Cannon Court project located on the northwest comer of Cannon Road and Interstate 5 at 4990 Avenida Encinas, in the C-T-Q zone, the Commercial/Visitor Serving Overlay Zone, and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5640, DENYING Conditional Use Permit Amendment CUP 99-30(A), based on the findings contained therein. II. BACKGROUND The project was presented to the Planning Commission at the June 2, 2004 public hearing. The neighborhood residents voiced concems about alcohol sales in close proximity to the residences, beach and park. The Planning Commission also discussed the request and determined that alcohol sales at this location would not be a public convenience or necessity and they agreed with the neighbor's concems. The Planning Commission voted to deny the requested Conditional Use Permit Amendment and directed staff to retum with a resolution of denial. The resolution is attached for the Planning Commission's consideration. The resolution will not go forward for the City Council's consideration since the applicant has submitted a letter stating that in light of the Planning Commission's decision they wish to withdraw the application. ATTACHMENTS: 1, Planning Commission Resolution No. 5640 2. Letter from applicant dated June 4, 2004 ^6-04-04 08:52 From-JA BUZA CORP/JEST DEVELOPMENT, INC 7604319195 ^ T-585 P.02/02 F-071 J.A. BUZA CORP. Construction • Developmenl June 4, 2004 Ms. Barbara Kennedy Planning Department City of Cartsbad 1635 Faraday Ave. Cartsbad Ca. 92008 Re: Cannon Court - CUP 99-30 (A) Dear Barbara, I appreciate all your efforts on our behalf. In light of the vote by the Planning Commission, 1 have decided to withdraw my application for the amendment to our current CUP. Sincerely, John A. Buza Phone: 760.431.9190 'Fax: 760.431.9195 6185 feeo Del Norte, Suite 170 • Carlsbad, CA 92009 Tne City of Carlsbad Planning Department A REPORT TO THE PLANNING GOMMISSION Item No. ® P.C. AGENDA OF: June 2, 2004 Application complete date: April 22, 2004 Project Planner: Barbara Kennedy Project Engineer: Frank Jimeno SUBJECT: CUP 99-30(A) - CANNON COURT - Request for an amendment to CUP 99-30 to allow alcohol sales at the Westmart gas station/mini-mart within the Cannon Court project located on the northwest comer of Cannon Road and Interstate 5 at 4990 Avenida Encinas, in the C-T-Q zone, the Commercial/Visitor Serving Overlay Zone, and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5640, RECOMMENDING APPROVAL of Conditional Use Permit Amendment CUP 99-30(A), based on the fmdings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting that the Planning Commission recommend approval of Conditional Use Permit (CUP) amendment CUP 99-30(A) to allow for the retail sales ofbeer and wine at the Westmart gas station/mini-mart located at the northwest comer of Caimon Road and Interstate 5 in the C-T-Q zone. Since the project is located in the CommercialA/isitor Serving Overlay Zone, the City Council will make the fmal decision on the proposal. III. PROJECT DESCRIPTION AND BACKGROUND The site is zoned C-T-Q (Commercial-Tourist-Qualified Development Overlay Zone) with a General Plan Land Use Designation of T-R (Travel-Recreation/Commercial). The approved Cannon Court project includes a gas station/mini mart, two restaurants and a hotel. The gas station/mini-mart was recently completed in January 2004 and restaurant "A" is currently under construction. Constmction documents are being developed for the remaining buildings and the developer anticipates submitting building permit plans this year in May for the hotel and possibly early June for restaurant "B." The site is bordered by Interstate 5 to the east, and the railroad right-of-way and Encina power plant are located to the west. The SDG&E storage yard, substation, and high-tension power lines lie to the north of the Cannon Court project area. To the south of the project site, a car storage lot was recently approved on the southwest comer of Caimon Road and Avenida Encinas, and the Inns of America hotel is located on the southeast comer of this intersection. The closest residential property is located southwest ofthe site in the Terra Mar development, approximately 700' from the gas station/mini-mart. Cannon Lake Park is situated between the residential CUP 99-30(A) - CANNON ^URT June 2, 2004 Page 2 development and the west side of the railroad right-of-way, with the nearest point being approximately 350' away from the subject site. Gas stations require approval of a CUP, and a CUP was also required for the entire project since it is located in the Commercial-Visitor Serving Overlay Zone. The project was originally recommended for approval by the Planning Commission on May 16, 2001. The City Council subsequently approved the CUP for the project on June 26, 2001 for an initial period of ten years from the date ofthe Planning Commission hearing (expires May 15, 2011). The City Council added several additional conditions as shown in the attached Resolution 2001-209. One of those conditions required that any future proposal for the retail sales of alcoholic beverages at the gas station/mini-mart would require an amendment to the CUP by the City Council after a report and recommendation by the Planning Department and Planning Commission. The City Council voiced strong opposition to the proposed alcohol sales as did many of the neighbors who were concemed about alcohol sales in close proximity to the beach and the potential for an increase in crime and general nuisance associated with alcohol sales. The applicant expressed the desire to show that beer and wine sales would be an appropriate and convenient use and to demonstrate the quality ofthe project. A request has been submitted for an amendment to the CUP for approval of off-site sales for beer and wine at the gas station/mini-mart. It is important to note that if the CUP amendment is approved, the applicant must still obtain an off-sale beer and wine license from the Department of Alcoholic Beverage Control (ABC). The applicant has indicated that providing beer and wine would be an important convenience to their customers, many of whom they state are neighbors. The second reason would be to serve the guests of the future hotel and the guests at the neighboring hotel across the street. This location would be more convenient than driving to an altemative location on Tamarack Avenue or on Palomar Airport Road to purchase alcoholic beverages. The final point that the applicant makes is that the size of the store is quite small and would only offer a small display of room temperature wines and the area for cold beverages is limited to only a three door refrigerator. Staff discussed the proposal with a representative from ABC and found that the site is located in an area with a low crime rate of 69% (compared with an average city crime rate of 120%). The site is also located in a census tract (Census Tract 178.05 - Attachment 6) with an over- concentration of off-sale licenses. Two licenses are permitted in the census tract and four licenses exist, although only three are active. Ralphs has two licenses with one inactive, and Palomar Shell and Thrifty/Payless (Rite-Aid) both have one license each. In areas with an over- concentration of licenses, the ABC requires the City to make a finding of public convenience and necessity to allow any additional off-sale licenses. The Carlsbad Police Department acts on behalfofthe City to make this finding. Staff discussed the proposal with Officer Mike Cook ofthe Carlsbad Police Department. Officer Cook indicated that the Police Department, acting on behalf of the City, could make the required finding of public convenience and necessity for this site based on the lack of other establishments in the immediate vicinity and because the surrounding residents and hotel tourists would benefit from the convenient location. As previously mentioned, the site is in a very low crime area and is located over 700' from the nearest residential property. CUP 99-30(A) - CANNON COURT June 2, 2004 Page 3 After verifying that the finding for public convenience and necessity can be made, the ABC sends notices to various City Departments and property owners within 500'of the site. If the off-sale license application is protested, the ABC would hold a hearing prior to making a decision to issue or deny a license. Officer Cook indicated that the Police Department typically protests off- sale license requests during the City and public review period, even though a public convenience and necessity finding was made previously. A protest would require an application to go back to the ABC to recommend additional conditions of approval to be placed on the license. Conditions are added on a case-by-case basis and could include items such as limiting the areas for sales of alcoholic beverages, prohibiting fortified wines, setting limits for maximum alcohol content, or limiting the hours for sales. These types of conditions could also be added if neighbors protested the off-sale license application. Similarly, specific conditions could be added to the license by the ABC to alleviate concems for projects located in areas of special consideration. As defined by the ABC, areas of special consideration include, but are not limited to, sites located within 600' of a park, school, or hospital. Since the site is located within 350' feet of Cannon Lake Park, it is included in this category. The park-like amenity within the Cannon Court development would not be considered a park since it is privately owned and maintained as part of the development. Califomia Business and Professions Code Secfion 23790.5 also includes regulations for the concurrent retailing of motor vehicle fluid and beer and wine. These regulations restrict the location of displays and advertising of alcoholic beverages. This code section is included as Attachment "9" of this report. As a final note, retail alcohol sales are allowed between the hours of 6:00 am and 2:00 am, unless further restricted by a discretionary approval such as the CUP amendment or by any additional conditions placed on the license by the ABC. City Ordinances restricts anyone from having glass containers or alcoholic beverages of any kind on the beach, or on a street, sidewalk, alley, highway, blufftop, or parking lot adjacent to a beach. Staff is not recommending any additional conditions of approval for the proposal since the license will be subject to Police Department review and conditions would be added as deemed appropriate by the ABC. Should the Planning Commission or City Council desire to add conditions restricting certain aspects of the off-site sale of alcohol, enforcement would be the responsibility of the City. ABC will enforce their conditions, but cannot guarantee the enforcement of any City conditions. The applicant would need to abide by the most restrictive conditions regardless ofwhether or not the requirement was a City condition of approval or an ABC condition. IV. ANALYSIS A. The proposed amendment would continue to be consistent with all applicable policies, plans, and regulations analyzed in the original project approval and described below: 1. General Plan - T-R (Travel-Recreation); CUP 99-30(A) - CANNON ^JRT June 2, 2004 Page 4 2. Commercial/Visitor-Serving Overlay Zone/C-T-Q Zone (Commercial-Tourist Zone-Qualified Development Overlay) (Carlsbad Municipal Code Chapters 21.208,21.29, and 21.06); 3. Condifional Uses (Carlsbad Municipal Code Chapter 21.42); 4. Nonresidential Planned Developments (Carlsbad Municipal Code Chapter 21.47); 5. Local Coastal Program Compliance; and 6. Growth Management (Local Facilities Management Zone 3) B. The adopted project fmdings for CUP 99-30, which are contained in Planning Commission Resolutions No. 4977 and 4978, would still apply to this project (CUP 99- 30(A)). C. The adopted finding in City Council Resolution 2001-209 can be amended to allow the retail sale of beer and wine at the gas station/mini-mart since it would provide a convenient location to serve the public. Although the ABC indicates that there is an over- concentration of licenses within the census tract, the existing off-sale sites are not conveniently located. This is due to the unusual configuration of the census tract, which is long and narrow, in that it extends west of Interstate 5 to the Pacific Ocean, from the north shore of Agua Hedionda Lagoon to the north shore of Batiquitos Lagoon. The nearest convenience store with an off-sale license is approximately one mile away. The crime rate is low in the area and the nearest residences are over 700' away. The Police Department protest of the ABC license will ensure that appropriate conditions are added to reduce the potential for increased crime or nuisances in the area. Neighboring residents will also have an opportunity to protest the license with ABC. D. The adopted project conditions for CUP 99-30, which are contained in City Council Resolufion No. 2001-209 would apply to this project (CUP 99-30(A)) with the excepfion of Condifion No. 2a which would be amended by Condition No. 4 in Planning Commission Resolution No. 5640 allowing retail sales ofbeer and wine at the Westmart gas station/mini-mart. E. Annual reviews have been conducted for CUP 99-30 and the project is in compliance with all conditions of approval. F. Approval of CUP 99-03(A) would not alter the expirafion date of May 16, 2011 associated with the original 10-year approval for CUP 99-30. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this request is exempt from the requirements of the Califomia Environmental Quality Act (CEQA) per Secfion 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. CUP 99-30(A) - CANNON (^RT June 2, 2004 Page 5 ATTACHMENTS: 1. Planning Commission Resolution No. 5640 2. Locafion Map 3. Disclosure Form 4. Background Data Sheet 5. Planning Commission Resolufion No. 4977 6. Planning Commission Resolufion No. 4978 7. City Council Resolution 2001-209 8. Map of Census Tract 178.05 9. CaHfomia Business and Professions Code Section 23790.5 10. Exhibit "A" - Site Plan SITE CANNON COURT CUP 99-30(A) Citv of Carlsbad Planning Departinent DISCLOSURE STATE.ME.NT I .A.pplicanrs siaicmcni or disclosure of cenain ownership imerests on all applicalion? w hich will requirc I discretionary action on the pan ofthe Cit>" Council or an>' appointed Board. Commission or Commiiici.' The following mrormadon MUST be disclosed ax Mie ome e>f application submina:. Your pro.ifrl jsnno". bs reviewed unul this infomanon is coropleicd. Please prim. Note: Person is defiocd as "Any individual, fmn. co-pannnship. joini venture, asfoeanan. joc»l club, fraicmj) orgmtzstion. cocporaiioo. esutc. ini<b reeeiver. sj/odieatc. io tbu and any oiher couni)', cii>' and couni>. ein' municipalit)'. dislrict or other polincal subdivisioo or aay other eroU|> or combisaaon snine ts a uoil." Ageau may lign ibis document; however, the legal name aad eatitjr ot the appliuoi and propert)- oft-ner must be provided below, 1. AFrUCAST (Not lhe applicant's asenl) • Provide the COMPT .ETF. LEGAL names and addresses of ALL persons ha>-inB a rinanciat~^ interest in the application. If the applicant includes a Corporatirm or MTTngrshin. include the C ^ names, title, addreseec of all individuals owning mure than \0% ef Ihe shares. IF NO C INDIVIDUALS OWN MORE THAN mi OF THE SHARES. PLEASE INDICATE NON- ^ APPLICABLE (NVA) IK THE SPACE BELOW.If a nublitlv-owned corporation, include lhe names, litleS; and addresses of the coiporau ofHcers. (A scparitic page may bc anached if necessaiy.) Title AZ^J Addrcssi^Slafil e V Person UotiN A. &\)2.A Title Puts. KTTji, AxJt^ ^^flP Address, OWNER (Noi Ihe owner's aBcni) Provide the rnMPT.LEGAL names and addresses of ALL persons having any ownership interest in the properiy involved. Also, provide the nature ©r the legal ownership (i.e. partnership, tenants in cpmmon, non-prorii, cofporation, etc.). If the ownership includes > C ^ corporation or parmership^ include the names, liilc, addmaes of all individuals o^ing more ) than lpV« oflhe shares. IF NO INDrVlDUALS'OWN MORE THAN 10% OF THE SHAKES J PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owmed corporation, include the names^ titles, and addresses orthe coiporate oniccrs. (A separate page may be anaehed if necessary.) Person GAK*J L. UJ$^r Cam/Pan ttJtST ^hf/tUfi/n^T- Address iifBS" /^Jfa. 7>tC A/acre. Address &IM1^] 9Zo Of >Pfe^ AJ^n .^II^ZAl NON-PROFIT ORORMZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a tmst. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as tmstee or beneficiary ofthe. Non Frofit/Trast Non Profit/Trust Title Title Address Address Have you had more than $250 worfli of business transacted with any member of City staff. Boards, ConBnissj.ons, Committees and/or Council within the past twelve (12) months? I I Yes 7_ No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is tme and correct to the best of my knowledge. Jignatur^ of owner/date ' Signature of owner/date ' ' Signature of applicant/date Print or type name of owner Print or type name of applicant Signatiire of owner/applicant's agent if aH>licable/date Print or type name of owner/apphcant's agent H:ADMIN\C0UNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 POWER OF ATTORNEY SPECIAL KNOW ALL MEN BY THESE PRESENTS: That I Gary West, President of West Development, Inc., on behalf of West Deveiopment, inc., hereby mal<e, constitute and appoint John Buza as West Development, inc.'s true and lawful attorney in fact to act for West Development, Inc. and in West Development, inc.'s name, place and stead and for West Deveiopment, inc.'s use and benefit iimited to the foiiowing matters pertaining to the deveiopment and construction of a commerciai development (approximately 6.6 acres) located at the northwest corner of Cannon Road and interstate 5, in the City of Carlsbad, California, APN #210-010-38: A) To enter into contracts with architects, engineers, and various consultants. B) To appiy for and obtain any required appiications, permits, etc., from: 1. City of Carlsbad 2. County of San Diego 3. California Coastai Commission 4. State of Caiifornia 5. San Diego Gas and Electric, or any necessary Utility Company West Development, Inc. hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessary, or convenient, in connection with any of the foregoing, as fully, to all intents and purposes, as West Development, Inc. might or could do if personaiiy present, hereby ratifying and confirming all that its said attorney in fact shall lawfully do or cause to be done by authority hereof. Wherever the context so requires, the singular number includes the plural. Dated: I ) ^ j WEST gt^VELOPMENT. INC. GARY WEST, President STATE OF NEBRASKA COUNTY OF DOUGLAS } SS. On /o//?/?"? before me, J^S^ ^J^ic^J^^^ Personaiiy appreared_ Personaiiy know to me (or proved/^o me on the basis of satisfactory evidence) to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument. WITNESS my hand and officiai seal. ^ y I A fiENEHALNdMY^tattol Nebruka Signature jC/jL^ i^;^..^^ i RITAa BAKER My Comm. Exp. DK. 29.2001 ACKGROUND DATA SHEET CASE NO: CUP 99-30(A) CASENAME: Cannon Court APPLICANT: J. A. Buza. Corp. REQUEST AND LOCATION: Request for approval ofa Condifional Use Permit Amendment to allow the off-site sales of beer and wine at the gas station/mini-mart located with the Cannon Court proiect located on the north side of Cannon Road between 1-5 and the AT & SF Railroad right-of-wav. LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 19380. in the City of Carlsbad. Countv of San Diego. State of Califomia, filed in the Office of the Countv Recorder of San Diego Countv. December 2. 2003 as File No. 03-1430564 of Official Records. APN: 210-010-38 Acres: 6^ Proposed No. of LotsAJnits: N/A GENERAL PLAN AND ZONING Land Use Designation: T-R (Travel/Recreation Commercial) Density Allowed: N/A Density Proposed: N/A Exisfing Zone: C-T-Q - Commercial-Tourist/Qualified Development Overlav Zone Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning General Plan Current Land Use Site C-T-Q T-R Vacant North P-U U SDGE Storage Yard/High Tension Lines/Vacant South P-M PI Hotel/ Future Auto Storage Lot East TC TC Interstate 5 West TC & P-U TC&U AT & SF Railroad r.o.w. & Encina Power Plant PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A • • ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued Certified Environmental Impact Report, dated_ Other, Categorical Exemption. Section 15301, Existing Facilities 5 ^ PLANNING COMMISSION RESOLUTION NO. 4977 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW THE DEVELOPMENT OF A GAS STATION, MINI-MART, HOTEL AND TWO RESTAURANTS 6 ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CANNON ROAD AND 7 INTERSTATE 5 IN LOCAL FACILITIES MANAGEMENT ZONE 3. ^ CASE NAME: CANNON COURT 9 CASE NO.: CUP 99-30 10 WHEREAS, J. A. Buza Corp, "Developer," has filed a verified application with 11 the City of Carlsbad regarding property ovmed by West Development, Inc., "Owner," described as 12 13 That portion of Lot "H" of Rancho Agua Hedionda, in the City 14 of Carisbad, County of San Diego, State of California, according to Petition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 (APN 210-010-38) 17 ("the Property"); and 18 WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with 19 said project; and 20 WHEREAS, the Planning Commission did on the 16th day of May, 2001, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, examining the initial study, analyzing the information submitted by staff, and 25 considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program according to Exhibit "ND" dated February 26, 2001, and "PII" dated February 6, 2001, attached hereto and made a part hereof, based on the following findings: Findings: The Planning Commission of the City of Carlsbad does hereby find: A. It has reviewed, analyzed and considered Mitigated Negative Declaration and the Cannon Court Mitigation Monitoring and Reporting Program the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL ofthe project; and The Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. B. C. D. Conditions: 1. Developer shall implement or cause the implementation of the Cannon Court Mitigation Monitoring and Reporting Program. PC RESO NO. 4977 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on the 16th day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L'Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: JEFFte^. SEGALL, ClS^rson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOtZMIKLER Planning Director PC RESO NO. 4977 Citv of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION Project Address/Location: Project Description: APN 210-010-38 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of Califomia, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Development proposal for an 86 room hotel, two restaurants, and a gas station/food mart on a 6.51 acre site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mifigated Negative Declarafion is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments fi-om the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. DATED: FEBRUARY 26, 2001 CASE NO: SDP 00-09/CUP 99-30/CUP 99-31/PUD 00-109/MS 99-16 CASE NAME: CANNON COURT PUBLISH DATE: FEBRUARY 26, 2001 MICHAEL J. HOL Planning Director ILI 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • vwvw.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: SDP 00-09/CUP 99-30/CUP 99-31/PUD 00-1Q9/MS 99-16 DATE: Februarv 6. 2001 BACKGROUND 1. 2. 3. CASE NAME: CANNON COURT APPLICANT: West Development. Inc. ADDRESS AND PHONE NUMBER OF APPLICANT: P. O. Box 676066 Rancho Santa Fe. CA 92067 (619) 756-5338 DATE EIA FORM PART I SUBMITTED: December 17. 1999 5. PROJECT DESCRIPTION: Request for approval of a site development plan, conditional use permits, minor subdivision, and non-residential planned development permit to allow grading and constmction of two restaurants, a hotel, and a gas station/food mart on a 6.51 acre lot located on the north side of Cannon Road between 1-5 and the AT & SF Railroad right-of-wav. (APN 210-010-38). SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Land Use and Planning Population and Housing • Geological Problems • water Air Quality Transportation/Circulation •] Public Services I I Biological Resources Q Utilities & Service Systems I I Energy & Mineral Resources | | Aesthetics Hazards •] Cultural Resources Noise •! Recreation I I Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I I I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. AI I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I I I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier Master Environmental Impact Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. ^XyG-^t/UL- 4^*^^^ ^jisjo Planner Signature ' Date Planning DirectOT*S Signatiue Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELEMES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no soiu-ce document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigafion Incorporated" applies where the incorporation of mitigation measures has reduced an effect fi'om "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigafion, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mifigated Negative Declarafion pursuant to applicable standards and (b) have been avoided or mitigated pmsuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental dociunent is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earUer EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or detennine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potenfial impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-1 - 5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 - 5.6-18 c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 -5.6-18) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-1 - 5.6-18) e) Dismpt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-1 - 5.6-18) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-1 - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal resuh in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-1 -5.1-15; #4, Pgs 4-21) b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-5; #4, Pgs 4-21) c) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1 -5.1.-15; #4, Pgs 4-21) d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15; #4, Pgs 4-21) e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #4, Pgs 4-21) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 -5.1-15; #4, Pgs 4-215) g) Subsidence ofthe land?(#l:Pgs 5.1-1 - 5.1-15; #4, Pgs 4-21) h) Expansive soils? (#l:Pgs 5.1-1 -5.1-15; #4, Pgs 4-21) i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15; #4, Pgs 4-21) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface mnoff? (#l:Pgs 5.2-1 - 5..2- 11; #5, Pgs 1-7) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-1 - 5..2-11) Potentially Significant Impact Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • • • • X X • • • X • • • X • • • X • • • X • • • X 11 II • • X X • • X • • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-1 - 5..2-I1; #5, Pgs 1-7) d) Changes in the amount of surface water in any water body? (#1 :Pgs 5.2-1 -5..2-I1) e) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-1 - 5..2-11) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-1 - 5..2-1I) g) Altered direction or rate of flow of groundwater? (#I:Pgs 5.2-1 -5..2-I1) h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5..2- 11; #5, Pgs 1-7) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1 -5..2-11) AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1-5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 -5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-1 - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#I:Pgs 5.7-1 - 5.7.22; # 6) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 -5.7.22) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-1 -5.7.22) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1-5.7.22) f) Conflicts with adopted policies supporting altemative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-1 -5.7.22) g) Rail, waterbome or air traffic impacts? (#l:Pgs 5.7-1 - 5.7.22) VII. BIOLOGICAL RESOURCES. Would the proposal resuh in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#1 :Pgs 5.4-1 - 5.4-24; #2, Pg 2) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless - Impact Mitigation Incorporated • • • Kl • • • X • • • X • • • X • • • X • • • X • • • X X • • • • • • X • • • X • • • X • • • • • • 1 Ei • • • X • • • X • • • X • • • X • • • X • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-1 - 5.4-24; #2, Pg 2) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24) d) Wetland habitat (e.g. marsh, riparian and vemal pool)? (#l:Pgs 5.4-1 -5.4-24) e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1 - 5.4-24) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) b) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1-5.13-9 7) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5; #3, Pgs 1-3) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5;) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; # 2, Pgs 1- 10) e) Increase fire hazard in areas with flammable brash, grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 -5.9-15; #7, Pgs. 1-7) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (#1, pgs 5.12.1-1-5.12.8-7) e) Other govemmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact No Impact • m • • • X • • • X • • • X • • • X • • • X • • • X • • X • • • • X • • m • • • • 1 • • • X • • • 1 • • • • • • X • • • X • • • X • • • X • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal resuh in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) b) Commimications systems? (#1: pgs 5.12.1-1 - 5.12.8-7) c) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (#1 :Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1-5.11-5) b) Have a demonstrated negative aesthetic effect? (#l:Pgs 5.11-1-5.11-5) c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8- 10) b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10) c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-1-5.8-10) e) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-1 - 5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1-5.12.8-7) XVI. MANDATORY FEvfDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • n X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X 8 Rev. 03/28/96 Issues (and Supporting Information Sources). b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable fiiture projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on himian beings, either directly or indirectly? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact No Impact • M • • • S XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects fi-om the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined firom the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING Environmental Setting/Site Description The project site is a 6.51 acre lot designated T-R (Travel/Recreation Commercial) by the General Plan. The rectangular shaped site is generally flat and is bordered by Cannon Road on the south, the 1-5 Freeway to the east, the AT & SF Raihoad right-of-way to the west with the Encinas Power Plant beyond, and the SDG&E storage yard, substation, and high tension power lines to the north. Eucalyptus trees border the perimeter of the site and the majority of the property is vacant and undeveloped. About 10% of the property was formerly developed with stmctures located near the southwest comer. Concrete foundations and a concrete driveway currently remain at the southwest comer. The property was used for agricultural purposes until about 1967 and since that fime has been used to store equipment and materials for SDG&E. For a short time, the property was also used to store new automobiles for a local dealership. Proiect Descripfion The development proposal will result in the constmction of an 86 room hotel with 105 space underground parking garage located near the north end of the site, a 7,770 square foot restaurant located west of the hotel, a 4,800 square foot restaurant located near the center of the site, and a 16 pump gas station and with a 1,500 square foot food mart located at the south end of the site. The entrance to the project will be via a new signalized intersection at Cannon Road and Avenida Encinas. The north extension of Avenida Encinas will be constmcted as a private road and the various uses will be accessed by three entrance points off this private street. The project is proposed as non-residential planned development with individual ownership of the buildings and joint use and ownership of on-grade and imdergroimd parking spaces. Associated landscape improvements are included as part of the development proposal. Grading for the project will consist of 28,800 cubic yards of cut, 1,800 cubic yards of fill, and 27,000 cubic yards of export. The proposed grades are within 0 to 3 feet of the existing grades. I. ENVIRONMENTAL ANALYSIS 1. Land Use and Planning The site's C-T-Q (Commercial-Tourist/QuaUfied Development Overlay) zone designation would allow the restaurant and hotel uses with approval of a Site Development Plan. The gas station use requires approval of a Conditional Use Pennit. In addition, due to the site's inclusion in the Commercial/Visitor-Serving Overlay Zone, approval of a Conditional Use Permit will be required for the project. The site is located in the Agua Hedionda Land Use Plan Area and will require approval of a Coastal Development Permit by the Califomia Coastal Commission. 2. Population and Housing The project will not impact or affect population pattems, projections, or affordable housing provisions. 10 Rev. 03/28/96 3. Geologic Problems A preliminary Geotechnical Report was prepared by Constmction Testing & Engineering, Inc. for the project site. This study concluded that the project site is appropriate for the proposed development, subject to the recommendations included in the study. Since no fault crosses the subject site, the risk of ground mpture was considered remote. Due to the soils types present, the potential for liquefaction was found to be low. The site contains no known or suspected landslides. The site does not contain any unique geologic or physical features. Grading activities for the proposed project would be subject to the City's adopted grading regulations and the Landscape Guidelines Manual, which would include requirements for implementation for all necessary erosion control methods. In addition, because of the site's location within the Coastal Zone, a mitigation measure has been included which will prohibit grading activities during the winter months (October - April T'). 4. Water The project is located approximately 1,700 feet south of the Agua Hedionda Lagoon and 1,800 feet east of the Pacific Ocean. The Geotechnical Report indicated that groundwater was discovered approximately 16 feet below grade in two locations. Groundwater is not expected to affect the proposed development if proper drainage controls are implemented and maintained. The project will result in increased surface mnoff due to the addition of impervious surfaces required for the development ofthe stractures and pavement areas. The fuel dispensing area will be designed to ensure clean storm water discharge fi-om fuel dispensing areas and will minimize the potential for gasoline ranoff Development of the site will be required to comply with all applicable City regulations regarding drainage and ranoff, including compliance with NPDES regulations/requirements and Best Management Practices. The site is not within a flood hazard area and will not result in exposure to water related hazards. The site currently receives drainage fi-om the parcel to the north and a 24" RCP drainage outlet pipe at the CalTrans r.o.w. The flow from the CalTrans pipe is conveyed across the property via a drainage swale and a shallow steel pipe. The entire site (and off-site contributing) drains to a 5' X 5' railroad tie culvert at the AT & SF railroad. The proposed drainage will be coimected to the existing outlet via a series of pipes/inlets. The proposed development will not, impact groundwater flow or quality; or change the flow of surface ran-off; or impact public water supplies. 5. Air Quality In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. 11 Rev. 03/28/96 To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage altemative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design ofthe project or are included as conditions of project approval. Operafion-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation ofan EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all projects covered by the General Plan's Final Master EIR. This project is within the scope of that MEIR. This document is available at the Planning Department. 6. Transportation/Circulafion A traffic report was submitted for the proposed development. The report addresses two circulation issues that need to be analyzed. First, the report analyzes the impact of the project traffic on existing city streets. Additionally, the report analyzes the access requirements of the 45-acre parcel directly north ofthe project. When the vacant 45-acre parcel north of the project is developed, it will take access through the project site. Accordingly, the access road needs to be designed to handle the potenfial fiiture traffic. In order to establish the ultimate width of this access road, and since uses are not currently planned for the 45 acres, two altemative land use assumptions were made. Altemative 1 assumed 15 acres for a high technology power plant plus 30 acres for the utility corporate headquarters. This altemative results in a fraffic generation of 3,450 ADT. Altemative 2 assumed 15 acres for a high technology power plant, 17.5 acres for corporate headquarters, and 12.5 acres of visitor commercial use. This altemative resulted in a traffic generation of 7,200 ADT. To accommodate both altematives, the project proposes to build two lane improvements through the project, with widening to four lanes at the intersecfion with Cannon Road. These improvements would meet the requirements of altemative 1. To meet the requirements of altemative 2, additional right-of-way would be reserved for the potential widening of the sfreet to a four-lane road. The project itself will generate a total of 4,793 ADT; including 308 AM peak-hour trips and 401 PM peak-hour trips. The fraffic analysis indicates that the additional fraffic generated by the project does not significantly affect the levels of service of the exisfing streets. However, the intersection of Cannon Road and Avenida Encinas will need to be signalized once project occupancy occurs. Additionally, due to the proximity of the 1-5 Cannon Road freeway ramps to the east and the railroad crossing to the west, some fraffic operations measures need to be implemented. The following specific measures will be incorporated in the design of the intersection: 1. Interconnect the new Cannon Road/Avenida Encinas fraffic signal with the existing 12 Rev. 03/28/96 freeway ramp signals. 2. Railroad preemption for the new Avenida Encinas fraffic signal. 3. Signing and striping with "KEEP CLEAR" notices to assure intersections are not blocked during railroad signal preemption. 4. Special preemption phasing for the new Avenida Encinas traffic signal to permit south to east, west to south, and north to east movements during preemption. 5. Dual west to southbound left tums on Cannon Road at Avenida Encinas. With all the above measures incorporated into the project design, the fraffic analysis shows that the project fraffic does not significantly affect the levels of service of the streets or intersections in the existing, short-term (year 2005) and build-out (year 2020) conditions. In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concunent with need; 2) provisions to develop altemative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-fraffic from a failing Interstate or State Highway onto City sfreets creates impacts that are not within the jurisdiction of the City to confrol. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all projects covered by the General Plan's Master EIR. This project is within the scope of that MEIR. This document is available at the Planning Department. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's preliminary review of its adequacy finds that no substantial changes have occuned with respect to the circumstances under which the MEIR was 13 Rev. 03/28/96 certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not knovm and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. 7. Biological Resources The site will not result in an impact to biological resources. The site does not contain any identified sensitive resources. It contains no designated natural communities or wetland habitat and does not serve as a migration corridor. 8. Energy and Mineral Resources The site contains no identified natural resources and will not conflict with any energy conservation plans. There are no known mineral resources on the site. 9. Hazards Compliance with the Califomia Health and Safety Code and Rule 20 of the Air Pollution Confrol District Rules and Regulations as stated in the required regulatory permits for the constraction and operation of a gasoline dispensing facility will reduce the risk of explosion and release of hazardous substances to a level of insignificance. Engineering and Fire Department review of the project will ensure that typical safety features and provisions are designed into the project. There will be no interference with emergency response or evacuation plans as the site will be developed in accordance with all applicable City regulations, including placement of the stractures on the site and public/private improvements sidewalks, drainage facilities). Therefore, the proposed development of the site will not result in the creation of any hazards. Since the property had previously been used for agricultural uses, a limited Phase II Environmental Assessment was conducted to evaluate the possibility of agricultural chemical residue in the soils. The analysis detected the presence of toxaphene, however, it is anticipated that grading activities (mixing and blending of the soil) will further reduce the levels of toxaphene to a level of insignificance. Once grading is completed, it was recommended that additional soil samples be collected an analyzed to detennine their concentrations of toxaphene. If additional actions are required, they can be implemented at that time. Examples of additional actions would include thicker concrete slabs or the placement of vapor barriers. 10. Noise The project is subject to the City of Carlsbad adopted interior noise standards of 45 CNEL for the hotel use and 55 CNEL for the commercial uses which include the restaurants and food mart. The City does not have exterior noise standards which apply to these uses. The site is subject to noise impacts from 1-5 and the Amfrack, Coaster, and freight train operations on the AT & SF railroad. An acoustical analysis was submitted for the project which analyzed the impacts from these noise sources on the proposed development. The report indicates that the building surfaces of the hotel will be exposed to worst case noise levels of 77.7 CNEL, and will therefore require at least a 32.7 dB exterior to interior noise reduction in order to meet the 45 CNEL interior noise standard. The recommended mitigation measures include building upgrades for a number of units within the hotel. The area of most concem is the east end of the building that faces the freeway. The building upgrades consist of upgraded windows, attachment of an additional layer 14 Rev. 03/28/96 of gypsum board to walls of specified units, and baffled attic vents, and mechanical ventilation. Standard constmctions methods will provide adequate noise attenuation for the restaurants and food mart, with the condition that all buildings are required to have mechanical ventilation in order to assume that windows can remain closed to achieve the required interior noise attenuation. The future development of the site is not anticipated to increase noise levels or expose people to severe noise levels. When constraction is proposed, there will be temporary increases in noise as building occurs. However, these activities will be regulated by the City's constraction activity regulations and will be temporary in nature and not severe. 11. Public Services The eventual development of the subject site will not result in a need for new or altered govemment services beyond what was already anticipated by the City's General plan. The project will be conditioned to comply with all applicable requirements of the Local Facilities Management Plan for Zone 3 to ensure that all necessary facilities are provided prior to or concunent with development. 12. Utilifies and Service Systems The eventual development ofthe subject site will not result in a need for new systems or supplies or substantial alterations. The site is an infill site readily serviced by existing systems. The project will be conditioned to comply with all applicable requirements of the Local Facilities Management Plan for Zone 3 to ensure that all necessary facilities/systems are provided prior to or concurrent with development. 13. Aesthetics The project site is located within the Commercial/Visitor-Serving Overlay Zone and is subject to standards which insure that the development will adhere to a high quality of architectural design. The project utilizes a "Village" architectural style, and is consistent with the overlay zone standards. The project observes a 30 foot landscape setback from Cannon Road and the setback area is landscaped consistent with the Scenic Corridor Guidelines for Cannon Road. In addition, the Scenic Corridor Guidelines apply to the railroad corridor, and the project has been designed with pleasant building facades and landscaping which faces the raifroad right-of-way. The proposed hotel is the tallest building with a height of 45 feet to the peak of the roof The peak elevation will be approximately 28 feet above the elevation of the freeway. The height of the restaurants are approximately 26 feet to the roof peaks and the highest points of the food mart and gas station canopy, respectively, are 23.5 feet and 33.5 feet. Since no views of the coastline are present from the freeway in either a north or southbound direction, the primary aesthetic concems are in regard to any negative visual impacts of exposed roof equipment or utility areas. The roof equipment for the hotel will be ground mounted in an equipment room. The roof equipment on the restaurants will be located within a mechanical equipment well and screened with trellis screen panels painted to match the building. The food mart mechanical equipment will be ground mounted and screened by an enclosure to complement the building. Views of trash areas will also be screened from view with decorative enclosures and landscaping. Standard conditions of approval also require submittal of a lighting plan with future submittal of building plans. The lighting plans will be reviewed to insure that light fixmres are shielded so 15 Rev. 03/28/96 that there is no spillover of light or glare onto adjacent properties. The perimeter of the site is sunounded primarily by Eucalyptus frees, with additional species including Acacia, Pepper, Myopomm and Palm trees intermixed among the Eucalyptus. The trees were evaluated by a certified arborist and the majority of the trees were found to be suffering from either insect borer activity and damaged root systems, or were found to be hazardous due to prior pruning activities. The majority of the frees will be removed due to the poor health of the frees or potentially hazardous condition. New landscaping around the perimeter of the site will consist of a more suitable mixture of frees and shrabs for screening or enhancing the appearance ofthe site. Therefore, no significant negafive visual impacts will result from the proposed project. 14. Cultural Resources No cultural resources (paleontological, archaeological, or historical) have been identified on the project site. The site also does not serve as a site for religious or sacred uses. Therefore, there will be no impact to cultural resources. 15. Recreational The project will not affect existing recreational opportunities, as it does not currently serve as a recreation site. The project will also be conditioned to comply with the requirements of the Local Facilities Management Plan for Zone 3 for park and recreation facilities. 16 Rev. 03/28/96 EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Plarming Department located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008, (760) 602-4600. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. Phase I Environmental Site Assessment Report for proposed Cannon Court Development, dated June 18, 1998, Converse Consultants. 3. Limited Phase II Environmental Site Assessment for proposed Cannon Court Development, dated December 10, 1999, Constmction Testing & Engineering, Inc. 4. Geotechnical Investigation for proposed Cannon Court Development, dated December 10, 1999, Constraction Testing & Engineering, Inc. 5. Hydrology and HydrauHc Calculafions Cannon Court # 210-010-38, dated December 8, 1999, O'Day Consultants, Inc. 6. Transportation Analysis for Cannon Court, dated revised January 4, 2001 Urban Systems Associates, Inc. 7. Noise Analvsis for Cannon Court, dated Febraary 11,2000, Mestre Greve Associates. 8. Letter from Jim Thompson, Certified Arborist, dated January 29, 1999, Bufiers Mill, Inc. 17 Rev. 03/28/96 LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Grading activities shall be limited to the "dry season", April 1 to October 1. The City Engineer may permit an extension ofthe grading season until November 15 if all precautionary measures regarding erosion, consistent with the City's grading ordinance, have been put into place by October 1. 2. Prior to completion of grading acfivifies, additional soil samples shall be collected and analyzed to determine their concentrations of toxaphene. If additional actions are required, implementation ofthese mitigation measures shall occur prior to issuance of a building permit. 3. Prior to the issuance of a building permit for any stracture, the Developer shall submit a letter from the acousfical engineer attesting that the recoinmended noise mifigation measures have been incorporated into the constraction documents. 4. Design and build a two-lane sfreet through the project site for access to the property to the north. Widen the sfreet to four lanes at its intersection with Cannon Road. 5. Reserve additional right-of-way for the potential widening of the street through the project to a four-lane road. 6. Design and build a traffic signal at the intersection of Cannon Road and Avenida Encinas. 7. Interconnect the Cannon Road/Avenida Encinas traffic signal with the existing 1-5 freeway ramp signals. Coordinate with Caltrans. 8. Incorporate and coordinate the railroad preemption for the new traffic signal. 9. Incorporate fraffic signal phasing, signing and striping measures to assure the free flow of traffic during signal preemption. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) See Attached. 18 Rev. 03/28/96 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 19 Rev. 03/28/96 1 PROJECTNAME: CANNON COURT APPROVAL DATE: FILE NUMBERS: SDP 00-09/CUP 99-30/CUP 99-31/PUD 00-109 MS 99-16 MITIGATED NEG. DEC: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type IVlonitoring Department Shown on Plans Verified Implementation Remarks 1. Grading activities shall be limited to the "dry season", April 1 to October 1. The City Engineer may permit an extension of the grading season until November 15 if all precautionary measures regarding erosion, consistent with the City's grading ordinance, have been put into place by October 1. Prior to issuance of grading permit Planning/ Engineering 2. Prior to completion of grading activities, additional soil samples shall be collected and analyzed to determine their concentrations of toxaphene. If additional actions are required, implementation of these mitigation measures shall occur priorto issuance ofa building permit. Prior to completion of grading Planning/ Engineering 3. Prior to the issuance of a building permit for any structure, the Developer shall submit a letter from the acoustical engineer attesting that the recommended noise mitigation measures have been incorporated into the construction documents Prior to issuance of building permit Planning/ Building m z < TJ O Z s m z H r o z H O z o o m o r; (/) (Q Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Information. Shown on Plans = When mitigation measure Is shown on plans, this column will be Initialed and dated. Verified Implementation = When mitigation measure has been Implemented, this column will be Initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 4. Design and build a two-lane street through the project site for access to the property to the north. Widen the street to four lanes at its intersection with Cannon Road. Prior to issuance of grading/ building permit Engineering 5. Reserve additional right-of-way for the potential widening of the street through the project to a four- lane road. Prior to issuance of grading/ building permit Engineering 6. Design and build a traffic signal at the intersection of Cannon Road and Avenida Encinas Prior to issuance of grading/ building permit Engineering 7. Interconnect the Cannon Road/Avenida Encinas traffic signal with the existing 1-5 freeway ramp signals. Coordinate with Caltrans. Prior to issuance of grading/ building permit Engineering 8. Incorporate and coordinate the railroad preemption for the new traffic signal. Prior to issuance of grading/ building permit Engineering 9. Incorporate traffic signal phasing, signing and striping measures to assure the free flow of traffic during signal preemption. Prior to issuance of grading/ building permit Engineering m z < TJ O Z m z r" m o z o o z o o X m o r; (D Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Information. Shown on Plans = When mitigation measure is shown on plans, this column will be Initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be Initialed and dated. Remarics = Area for desaibing status of ongoing mitigation measure, or for other RD - Appendix P. MAR-27-0I TUE 4:14 PM CALTP'||| UELIC TRANS FAX NO. STATE OF CAUFORNIA . BUSINESS, TRANSPORTATION AND HOUSING AGENCV 61^(P 4299 F. GRAY DAVIS. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 P.O. BOX 86406, M.S. 50 SAN DIEGO, CA 92186-5406 PHONE: 1619) 688-6954 FAX: 1619) 688-4299 March 27, 2001 Mr. Scott Morgan State Clearinghouse 1400 Tenth Street Sacramento, CA 95814 Dear Mr. Morgan: Draft ND for Cannon Court - SCH 2001021109 Caltrans District 11 comments are as follows: General Comments ll-SD-005 PM 47.8 (K.P. 76.5) ECEIVED MAR 2 7 200J • The Traffic Study should assess the cumulative impacts of all existing and future projects in the vicinity of the proposed project. • Caltrans requires Level of Service (LOS) C or better at State owned facilities, including intersections. If an intersection is currently below LOS C, any increase in delay from project generated traffic must he analyzed and mitigated. • If certain tiaffic mitigation projects are identified as appropriate, then Caltrans supports the concept of "fair share" contributions on the part of the developer. Specific Comments • Paee 7-6 Table 7-2, Note 4; Dual right tum lanes WB to NB assumed. Please explain the basis of this assumption. • Page 8-2 Table 8-1; LOS for AM and PM Peak Hours differs from Table 7-2. Please explain, • Seclion 9 Conclusions and Recommendations; Mitigation measures must be included in the Traffic Study. If the impact is completely mitigated, please describe how. Our contact person for 1-5 is Erwin Gojuangco, Route Manager, at (619) 688-6610. Sincerely, BILL FIGGE. Chief Development Review and Public Transportation Branch Citv of Carlsbad Planning Department April 10,2001 Calfrans, District 11 Erwin Gojuangco, Route Manager P. O. Box 85406, M.S. 50 San Diego, CA 92186-5406 RE: DRAFT ND FOR CANNON COURT - SCH 2001021109 Dear Mr. Gojuangco: Thank you for your comments regarding the fraffic study for Cannon Court - CUP 99-30. I asked the traffic consultant to address your comments and thefr response is included as an attachment to this letter. In addition, David Stilhnan, City of Carlsbad Traffic Engineering Department, reviewed the response from USA and feels that it adequately responds to your concems. Should you have any addifional questions, please feel free to contact me at 760-602- 4626. Sincerely, Barbara Kennedy, AlCP Associate Planner BKxs Attachment: Response from Urban Systems Associates dated 4/6/01 c: Bill Figge, Chief Development Review and Public Transportation Branch 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • vwvw.ci.carlsbad.ca.us Rpr 06 01 02:00p UrjM>^ Sastems Rssoc. Ine-(8; ,560-9734 P- 1 URBAN SYSTEMS ASSOCIATES, INC QmoLTJum TobOMnrMio OoieiMisn- ATTW: Barbara Kennedy COMPANY: CityofCarlsbad FROM: Jim Lundquist, Senior Project Mana DATE: April 6,2001 TIME: 1:56 p WHITE TD AOOMSSEI; YtUOW TO FlU; nuK TO MAfVietn phone: f fax: »" (760) 602-4626 (760) 602-8559 TOTAL PACES : 21 TRANSMTTTBD VIA: Fax SUBJECT: CALTRANS COMMENT LETTER - CANNON COURT We are sending you the following information foryour: W use o for submittal ^ as requested O approval O review Br comment iPEXRimON jLetter iLetter fi-om Caltrans dated March 27, 2001 Barbara: We have reviewed the Caltrans comment letter and offer the following comments: 1. See Page 1-1. The report examines Existing, Short Term and Buildout scenarios. The SANDAG traffic forecast model was used for thc Short Term and Buildout scenarios which account for all future projects in the vicinity of the proposed project. 2. See pages 3-8, 5-6, 6-7, 7-1 and 7-6. The City of Carlsbad follows the procedures outlined in the "SANTEC/ITE Guidelines for Traffic ImpactStudies (TIS) in thc San Diego Region", dated March 2, 2000. That report, reviewed by Bill Figge of Caltrans, states: "In general, the region wide goal for an acceptable level of service (LOS) on all freeways, roadway segments and intersections is D". The project does not significantly increase the delays at any intersection examined. 3. See pages 5-1, 5-7, 5-8,6-4 and 6-8. The project proposes to install a traffic signal at Cannon Road/Avenida Encinas, the widening of Avenida Encinas at Cannon Road to four lanes, signal inter-connect with Caltrans ramp signal, railroad preemption, keep clear signing and striping, preemption phasing and dual west to south bound tef^ tum lanes on Cannon Road at Avenida Encinas. 1(2598 If enclosures are not as noted, please notify us at once. 1 C:\OFFICe.Z000\2598-W601(ips/disk 4540 KEAMT VEU ROm SVOE 106 • SAN DOGO. CA 92123-1373 • dtSM !USOU011 Apr OS 01 02:00p U^n Sastems Rssoc. Inc. tr||^) 560-9734 P-2 Barbara Kennedy Urban Systems Associates, Inc. April 6, 2001 4. See Page 7-6. Tliis improvement is required as traffic volumes approach buildout forecasts, Thc project adds zero additional trips for this movement. Without the improvement, the LOS is F with or without the project. Tlie improvement is planned to bc done with development of the SDGfrE property located to the northeast ofthe ramp signal. 5. See Page 2-2, Section 2-4; Intersection Level of Service Los Procedures. To determine an intersection peak hour level of service (LOS) as required by the City of Carlsbad Growth Management Plan Guidelines, the Intersection Capacity Utilization (ICU) method was used (summarized in Table 7-2). For Congestion Management Program evaluation purposes, intersection levels of service were calcuiated using the latest Highway Capacity Manual (HCM) computer software methodology (the 1997 update to the 1994 HCM) as summarized in Table 8-1. The two different analysis methods vary in assumptions and do not always yield exactly the same results; acceptable levels of service are achieved however. 6. See responses to question/comment #3 above. The project docs fvilly mitigate the significant traffic impacts with these mitigation measures. Please let us know ifyou have any questions or need any other information. Cc: John Buza, j.A. Buza Corporation (858) 756-2891 Dennis Cunningham, Planning Systems (760) 931-5744 If enclosures are not as noted, please notify us at once, #2598 2 C\OFFICE.2O00\2S98-W60l-aps/dhk Department of Toxic Substances Control Edwin F. Lowry, Director 5796 Corporate Avenue , u i_f 1 Cypress, Califomia 90630 ^ ^ . Winston H. Hickox • Gray Davis Agency Secretary Governor Califomia Environmental Protection Agency March 19,2001 nO/niAy !|n Ms. Barbara Kennedy VJL fBlfi.^'^ -;vCifSE City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 NEGATIVE DECLARATION FOR THE CANNON COURT - SDP 00-09/CUP 99- 31/PUD 00-109/MS 99-16 - 2001021109 Dear Ms. Kennedy: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1) The ND needs to identify and detennine whether cun'ent or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and which govemment agency will provide appropriate regulatory oversight. 5) The ND indicates that the property had previously been used for agricultural uses and the Phase II Environmental Assessment conducted at the site detected the presence of Toxaphene. The ND proposes the grading activities (mixing and blending ofthe soii), and if needed, additional actions such as thicker concrete slabs or the placement of vapor barriers. Pursuant to the Califomia Code of Regulations, Title 22, Section 66268.3, no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a The energy challenge fadng Califomia is real. Every Califomian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our IVeb-s/fe at www.dtsc.ca.gov. ® Printed on Recycled Paper Ms. Barbara Kennedy March 19, 2001 Page Two substitute for adequate treatment to achieve acceptable standards. The treatment measure proposed at the site, mixing and blending ofthe soil, is a form of dilution and that it is not acceptable to DTSC. Therefore, DTSC recommends further assessment and a removal/remediation of the site. Further remedial action proposed such as capping or placement of vapor barriers shall be implemented after a Remedial Investigation/Feasibility Study, which includes a Human and Environmental Health Risk Assessment. After the Risk Assessment, if the proposed remedial measure is feasible, it can be implemented with the approval of a regulatory agency. Therefore, proper investigation and remedial actions should be conducted at the site before initiating grading activities. 6) If during construction of the project, soil contamination is suspected, stop construction in the area and appropriate Health and Safety procedures should be implemented. If it is determined that contaminated soil exists, the ND should identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangemnent Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP or to meet/discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714) 484-5479.. Sincerely, Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: Govemor's Office of Planning and Research State Clearinghouse 1400 Tenth Street Sacramento, Califomia 95814 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 Citv of Carlsbad Planning Departnnent April 19, 2001 Department of Toxic Substances Control Haissam Y. Salloum, P.E. 5796 Corporate Avenue Cypress, CA 90630 RE: DRAFT ND FOR CANNON COURT - SCH 2001021109 Dear Mr. ^quangco: Thank you for your comments regarding the Mitigated Negative Declaration for Cannon Court. I asked the consultant to address your comments and their response is included as an attachment to this letter. Regarding comments #3, 5, and 6, the project will be conditioned to submit a detailed soils testing and analysis report to the City and County of San Diego Department of Environmental Health for review and approval prior to issuance of a grading permit. The condition will read as follows: Prior to issuance of a grading permit, a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City and County Department of Environmental Health for review and approval. This report shall evaluate the potential for soil contamination due to historic uses, handling, or storage of agricultural chemicals restricted by the San Diego County Department of Health Services. The report shall also identify a range of possible mitigation measures designed to remediate any significant public health impacts if hazardous chemicals are detected in the soils at concentrations which would have a significantly adverse effect on human health. The Developer shall implement one of the mitigation measures identified in the report prior to the issuance of building permits should mitigation be necessary so as to reduce the impact to below a level of significance. The City and County Department of Health Services will provide the appropriate regulatory oversite to monitor the required soil remediation for the project. Should you have any additional questions, please feel free to contact me at 760-602-4626. Sincerely, Barbara Kennedy, AlCP Associate Planner BKxs Attachment: Responses from Construction Testing and Engineering, Inc. dated 4/12/Oland 4/18/01. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us •5S^S^7:52fl FROM:PLONNING SYSTB1S 760 931 5744 . 04^12 '01 17:25 ID'-CTT ^pNDIDO FftX:760-746- TQ:6aSB559 PAGE 1 ENGINEERINO. INC. CONSTRUCTION IksnNG & ENGINEERING, INC. SANOICCO,CA tutkC bamiUo,CA9a» nM>74M(NM A|)rill2,2001 • Mvr.R.qoK.CA c«i«tM,CAnn9 StiU MS inf>4M«Htni mcv.CA liK^CAMM • LANCA{nT.B,CA tWtK SAUMMENTQiCA }«3IMt«waMt. SyttlU N.Ui^du<hCA«« CTEJobNo. 1W713 Kfr, Den&ui CuDnuigtum Planniiig Systems 1530 Fanday Avenue, Suite 100 Carlsbad, Califomia 92008 Subject: Additionat bifimnation Requested by DTSC PrqKMed Caimoa Court Development AFN223^>SM2 Corisbad, California Refoence: Review by State of California, Dcpartmcm of Toidc Sul^^ Negative Dedantion die Camicai Coutt SDP^)0-09yCUP 99-31/nJC OO.I09AfS 99-16 - 2001021109 Dated Much 19.2001 Mr, gmwrffti^Mnn At your tequest, we have leviewed die DTSC letter reviewing the N^ptive Dedantion (ND) for diis site issued by die of Caclrind. To clariQr our re^nse to dieir eonceros ive have retted dte nuinbering i^stem used i)y die DTSC in dieir 1. The DTSC wrote: "The ND need* to ideodiy and detennine wbedier conoit or liisttKic vaa at die Pioject dte have resulted in any release of hazudous wastes/substanoes as die Profect area." Our refuse: We liave reviewed die Phase I Environmental Site AMessment fer tiiis site (Converse ConsuliBitfs, 1998). Based on dils deeumenl; h die site was used for agrieoltuml purposes fixmi an undetennined dale in dte jwst diroosh die 1970s. Historical^ agricultural uses of sites have resulted in accumulations of Oiganodikinne pesdcides ot odier agricultural chemicab. 2. lhe DTSC wrote: me ND needs to identify any know or potentially contaminated site widi die pioposed Project area. For all idendfied sites, die ND needs to evahiate whedier condlHons at die site pose a dueat to human healdi or the atvironment" Our leqionse: Re^on 9 of dte Unhed States Enviroomentil Protection Agency has issued PreUndnaiy Remediation Goals (MLO*) as toob cvahiating and mr GEOTECHNICAl. AND CONSTRUCTION ENGINEERIN!^ TEfTTlNG ANO INSPECTION PlPR-13-2001 07:50ft FROM:PLONNING SYSTB1S 760 931 5744 TO:6028559 P:3/3 ^M/i<i Ui if 'i^ iu:^,it t^^NUiUJ F-flX:760-746-9^'^^ PAGE 2 Additional Infonnation Requested by DTSC Proposed Cannon Court Development Carlsba4 Califonua CTEiobNo. 10-3715 ^^^fJ^.S^ ™" •« concentiaUons derived ""SS??^ ^0^0" -ssumpti<rS EPA toxicity data. PRQs are regulatory guidelines. TTie PRO for toxanW concentnrtions hi soil for industrial sites Is 2J2 V^^^ \^ toxaphene this site toxaphene concemraS^i^l^ ^T^^T^ JI^^ ^ommend duit a sampling of die site be conducted using die newly issued DTCC 3. No comment by CTE. 4. There is no comment 4. 5. I>rSC (paraphrBsed) wrote: Grading activities are pioposed as a femediatu» mediodoloi^ and diis is unacceptable to die DTOC "Sle iScdS recommended conducting fordier assessments of die site, Owrc^se: CHB did nj ro^mmend gnwiing as a means of diluting die site ^^^^^^''^^^^^^^''^^'^^^^^ Duringdie Mo^on process, diese upper soil materials are generally removed STSften TT T"* "^^"^ " imacceptable hi building S^ioiJo^hSS ^Z.^'^'IL^' the upper foot to diree feei of ^iSv^dS ^ved. CTE caa provide addidonal assessments as requested bv die DTOC We «e cua«idy woridng wid. the DTSC on shnihr p«,J^X Z 6. No Gommoit by CTE. Respectfolly sidMutted, CONSTRUCTION TESTING & ENGINEERING. INC. Goodmaoher, RO, REA II #20137 Geologist 04/19 '01 14:39 ID:CTE ESCONDIDO FAX:760-746-9806 PAGE ENGINEERING, INC. CONSTRUCTION IfenNG & ENGINEERING, INC. &\NWEGO,CA 2414 Vintjird Ave. Suilt 0 17(0)746-495.1 (7tO)74»-»«MfAX April 18.2001 • RIVFKSIDE, CA 4901. PflBcelud a Sult(7 UPMU.CA9I7J9 1909) J7W148 FAX VE\n'RA,CA IMSrarintAvt Suilt IOS OxMnl.CA9.W? (KS) 4iU4l!. (n5l4t6.90U|.«x TRACy.CA 142W.Liidi rr»ty.CA 95304 l»19t&}9ja90 <109l m2KS tAX U.\CASTFJ,CA 4llj4IOlhSl.W. L«iKBtcr,CA9JSm (Ml) 726-9676 (661) 7264)246 »A> CTEJobNo. 10-3715 SACRAMKMXJ. CA .U»MtdiHuAn. Siitc22 fi. Hi) h|(MkCA9$t«(l (916IJJ1.60.W (9161 J.t|4037 FA\ Mr. Dennis Cunningham Planning Systems 1530 Paraday Avenue, Suite 100 Carlsbad, Califomia 92008 Via Facsimile; 760.931.S744 Subject: ResponsetoMemoof April 17,2001 From Dennis Cunningham Proposed Cannon Court Development APN 223-051-12 Carlsbad. Califomia Mr. Cunningham: llgmii To clariiy. organic-containing soils are anticipated to be removed. However, based on our observations organic-containing soils are not present diioughout die site As explamed previously, die depdi of diese soils is variable across die site. Locally, some areas may require only blading oflT. However, odier areas may require removals of up to diree feet. I anticipate dwt an average of six mches of soil needs to removed. If you have any questions regarding dils tnmsmlttal, please do not hesitate to contact dus omce. i he opportunity to be of service is appreciated. Respectfolly submitted, CONSTRUCTION TESTING & ENGINEERING, INC, an Goodmacher, RG, REA II #20137 GEOTECHNICAl. AND CONSTRUCTION FNGINEERljifCJ TESTING AND INSPECTION I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4978 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITONAL USE PERMIT CUP 99-30 TO ALLOW THE DEVELOPMENT OF A GAS STATION, MINI- MART, HOTEL AND TWO RESTAURANTS ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CANNON ROAD AND INTERSTATE 5 IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CANNON COURT CASE NO.: CUP 99-30 WHEREAS, J. A. Buza Corp, "Developer", has filed a verified application with the City of Carlsbad regarding property ovraed by West Development, Inc, "Owner", described as That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Petition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 (APN 210-010-38) ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) "A" - "CC" dated May 16, 2001, on file in the Planning Department CANNON COURT - CUP 00-30, as provided by Chapter/Sections 21.42, 21.50, 21.29.060, and 21.208 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Comniission did, on the 16th day of May, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 .. B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of CANNON COURT - CUP 99-30, based on the following findings and subject to the following conditions: 4 " 5 12 Findings: B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance ofbuilding permit. 5 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements ofthe City's General Plan, based on the facts set forth in 7 the staff report dated May 16, 2001 and recognizing that the project will provide needed services for the surrounding residential and business community, as well as ^ the traveling public. 9 2. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 10 Facilities Management Plan for Zone 3 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 11 provide funding to ensure that all facilities and improvements regarding: sewer collection and tieatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administiative facilities; and open space, related to the Y2 project will be installed to serve new development prior to or concurrent with need. 14 A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 15 16 17 CONDITIONAL USE PERMIT - (SECTION 21.42 and 21.50) 18 3. That the requested use is necessary or desirable for the development ofthe commimity, is essentially in harmony with the various elements and objectives ofthe General Plan, and 19 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that: 21 A. The requested use is necessary and desirable for the development of the community in that the project is considered to be a Freeway Service Facility 22 due to its proximity to the freeway interchange, and the proposed gas station, mini-mart, hotel, and restaurant uses are appropriate uses for Freeway 23 Service Facilities. 24 B. The project is in harmony with various elements of the General Plan in that 25 the underlying Travel Recreation (T-R) land use designation ensures that commercial uses will be available to the surrounding business and residential 26 community as well as the traveling public. 2^ C. The project is not detrimental to the existing and future uses specifically 2g permitted in the area in that the street and circulation improvements are designed to minimize potential traffic circulation conflicts; an access road has been designed to serve existing and future uses for the parcel north of the PC RESO NO. 4978 -2- project site; visual impacts are reduced through landscaping, building 2 placement, and screen walls; and the architectural style complies with the Commercial Visitor Serving Overlay Zone requirements. 3 That the site for the intended use is adequate in size and shape to accommodate the use, in ^ that the site design and other elements of the project have been designed in ^ compliance with applicable development standards, including parking, circulation aisles, and setbacks. 6 5. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to 7 adjust the requested use to existing or permitted fiiture uses in the neighborhood will be provided and maintained, in that all development standards required by the C-T zone ^ and Commercial'Visitor Serving Overlay Zone have been provided, including g special development standards for gas stations, and special conditions for buildings with heights over 35 feet. 10 That the street system serving the proposed use is adequate to properly handle all traffic 11 generated by the proposed use, in that with the incorporation of the required roadway and intersection improvements, the additional 4,793 ADT generated by the project will not significantly reduce the levels of service of the surrounding roadways and J3 key intersections. 12 16 14 AUTOMOBILE SERVICE STATION (SECTION 21.42.010(7)(A) and (B) 7. That the service station is to be developed as part of a freeway-service facility, 15 containing a minimum of two fi-eeway oriented uses, in that the site is located at the apex of a freeway interchange quadrant and contains three freeway-oriented uses (hotel and two restaurants) in addition to the automobile service station use and that 17 the required standards of development are either incorporated into the plans or will be satisfied through the conditions of approval. 18 COMMERCIALmSITOR SERVING OVERLAY ZONE (SECTION 21.208.110) 19 8. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/altemative transportation users anticipated given the proposed use and site location within the overlay zone in that the site design includes 21 passenger drop-off zones, clear pedestrian pathways between uses, RV and bus parking, and an NCTD bus stop on Cannon Road. 22 9. That the building forms, building colors and building materials combine to provide an 23 architectural style of development that will add to the objective of high quality 2^ architecture and building design within the overlay zone in that the building complies with the Village Architectural Style and features gabled roof elements, a variety of 25 roof peaks, interesting building forms, and high quality surface and detail elements. 20 26 10. That the project complies with all development and design criteria ofthe overlay zone in that the project complies with the parking requirements, sign allowances, building height, building setback, architectural style, landscaping, and use separation 27 2g requirements of the overlay zone. PC RESO NO. 4978 -3- 11. That the additional building height for the proposed hotel, to a maximum height of 2 45 feet, can be approved per Section 21.29.060 ofthe Carlsbad Municipal Code since the building does not contain more than three levels; all required setbacks have 3 been increased at a ratio of one horizontal foot for every one foot of vertical construction above 35 feet and the setbacks will be maintained as landscaped open ^ space; and the building is required to conform to the requirements of Section ^ 18.04.170 of the Carlsbad Municipal Code. g 12. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 7 13. That the proposed development is in conformance with the Agua Hedionda Land 8 Use Plan and all applicable policies in that the project has been reviewed for consistency with relevant coastal policies including land use, development ^ standards, grading and drainage, stormwater management, shoreline access polices, and visual resources. The project has been conditioned to obtain its coastal development permit from the Coastal Commission. 10 11 14. The Planning Commission has reviewed each of the exactions imposed on the Developer 12 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 13 degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 14 15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 16 gradingpermit. 1^ General 18 If any of the following conditions fail to occur; or if they are, by their terms, to be 19 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 20 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy 21 issued under the authority of approvals herein granted; institute and prosecute litigation to 22 compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of 23 this Conditional Use Permit. 24 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development 2g shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 27 The Developer shall comply with all applicable provisions of federal, state, zind local 28 laws and regulations in effect at the time ofbuilding permit issuance. PC RESO NO. 4978 12 4. If any condition for constmction of any public improvements or facilities, or the payment 2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 3 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with 4 all requirements of law. ^ 5. The Developer shall implement, or cause the implementation of, the Cannon Court - 5 CUP 99-30 Project Mitigation Monitoring and Reporting Program. 7 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Coimcil members, officers, employees, agents, and ^ representatives, firom and against any and all liabiUties, losses, damages, demands, claims ^ and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) 10 City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) 11 Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation J2 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 7. The Developer shall submit to the Planning Department a reproducible 24" x 36", 15 mylar copy of the Tentative Parcel Map and Site Plan reflecting the conditions . , approved by the final decision making body. 16 17 8. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 18 format (including any applicable Coastal Commission approvals). 1^ 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 2Q Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 21 10. This project shall comply with all conditions and mitigation measures which are required 22 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance ofbuilding permits. 24 11. This approval is granted subject to the approval of PUD 00-109 and MS 99-16 and is subject to all conditions contained in PUD 00-109 and MS 99-16 for the Nonresidential 25 Planned Development Permit and Minor Subdivision. 26 12. This approval shall become null and void if the first building permit is not issued for this 2^ project within 18 months fi-om the date of Final Parcel Map approval. 2g 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the PC RESO NO. 4978 -5- time of the application for the building permit, and that water and sewer capacity and 2 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Parcel Map. 3 14. Prior to issuance of a certificate of occupancy for the gas station/mini-mart, the ^ Developer shall obtain and maintain in good standing all licenses, permits, or ^ approvals required by state law to operate as a gas station and food mart. g Coastal 7 15. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the "dry season", April ^ 1st to October 1st of each year. Grading activities may be extended to November 15th g upon written approval ofthe City Engineer and only if all erosion contiol measures are in place by October 1st. 10 16. Prior to approval of the Final Parcel Map, the Developer shall apply for and obtain 11 approval of a Coastal Development Permit issued by the Califomia Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the 12 approval is substantially different, an amendment to CUP 99-30, PUD 00-109, and MS 99-16 shall be required. 14 " 15 16 12 27 CommercialA^isitor-Serving Overlay Zone 17. If, at any time, the City Council, Plarming Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this conditional 17 use permit, or ofthe Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional 18 conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of 1^ the CommercialA^isitor-Serving Overlay Zone, and to provide for the health, safety and 2Q general welfare of the City. 21 Housing (Non-Residential) 22 18. The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have 24 to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Coimcil ordinance and/or resolution 25 and this project becomes subject to a linkage fee pursuant to said ordinance md/ov resolution, then the Developer, or his/her/their successor(s) in interest shall pay the 26 linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential plaimed development for an existing development, in which case, the fee shall be paid on approval of the final map, 28 parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this PC RESO NO. 4978 -6- 5 ^ project will not be consistent with the General Plan and approval for this project will 2 become null and void. 3 Landscape ^ 19. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall constmct and install all 5 landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, fi-ee fi-om weeds, trash, and debris. 7 20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the ^ landscape plan check process on file in the Planning Department and accompanied by the p project's building, improvement, and grading plans. 10 Conditional Use Permit 12 11 21. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If ^2 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 14 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 15 16 22. This Conditional Use Permit is granted for a period of ten (10) years from May 16, 2001 through May 16, 2011. This permit may be revoked at any time after a public hearing, if 17 it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This 18 permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. 1^ The Planning Commission may not grant such extension, unless it finds that there are no 20 substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare 21 is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the 22 Planning Commission may grant. 23 23. Any future proposal for the retail sale of alcoholic beverages shall be subject to 24 review by the City of Carlsbad Police Department. 25 24. This approval is granted only for the sale of ready-to-eat food and canned or bottled beverages within the mini-mart. Food shall be pre-cooked or prepared at another 26 location and only heated on the site. No stoves or ovens for the cooking or preparation of food, nor tableware or dishwashing facilities (other than a standard sink) shall be permitted. This business shall operate as a take-out business only. No 28 tables or chairs shall be provided for the consumption of food on the premises. Any future proposal to locate a hot food/fast food vendor(s) within the mini-mart shall be PC RESO NO. 4978 -7- 27 5 ^ considered an intensification of use and will require an amendment to the 2 Conditional Use Permit. 3 25. The Developer shall establish an owner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the 4 Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscaped areas, parking areas, and circulation aisles. Prior to issuance of a building permit the Developer shall provide the Planning 5 Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall 7 contain the following provisions: ^ A. General Enforcement by the City. The City shall have the right, but not the g obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 10 " 12 11 B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be 2 2 transmitted to City within 30 days for the official record. 14 C. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the 15 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give 17 written notice to the Association, with a copy thereof to the Ovraers in the Project, setting forth with particularity the maintenance which the City finds to be required 18 and requesting the same be carried out by the Association within a period of thirty (30) days fi-om the giving of such notice. In the event that the Association fails to 19 carry out such maintenance of the Common Area Lots and/or Association's 2Q Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to 21 reimbursement with respect thereto fi-om the Owners as provided herein. 16 23 22 D. Special Assessments Levied by the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs 24 incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to 25 each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection 26 against the Ovraers in the Project pursuant to the provisions ofthis Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in fiill 28 within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) ofthe amount of the invoice. Thereafter the City may pursue collection from the Association by PC RESO NO. 4978 -8- 27 means of any remedies available at law or in equity. Without limiting the 2 generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Ovraers of each Lot 3 in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing ^ lien upon each Lot against which the special assessment is levied. Each Owner in ^ the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal Q actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in 7 accordance with the procedures set forth in Article _ of this Declaration. ^ E. Landscape Maintenance Responsibilities. The Owners Association and g individual lot owner landscape maintenance responsibilities shall be as set forth in Exhibit 16 27 Notice 26. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 10 II 12 13 27. Prior to issuance of the grading permit. Developer shall submit to the City a Notice of 14 Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the 15 City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4978 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of 17 approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment 18 to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 19 2Q 28. Prior to the recordation of the Final Parcel Map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 21 may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attomey (see Noise Form 22 #1 on file in the Planning Department). Onsite Conditions - Specific 23 24 29. Prior to issuance of a grading permit, a detailed soils testing and analysis report 25 shall be prepared by a registered soils engineer, and submitted to the City and County Department of Environmental Health for review and approvaL This report 26 shall evaluate the potential for soil contamination due to historic uses, handling, or storage of agricultural chemicals restricted by the San Diego County Department of Health Services. The report shall also identify a range of possible mitigation 23 measures designed to remediate any significant public health impacts if hazardous chemicals are detected in the soils at concentrations which would have a significantly adverse effect on human health. The Developer shall implement one of PC RESO NO. 4978 -9- the mitigation measures identified in the report prior to the issuance of building 2 permits should mitigation be necessary so as to reduce the impact to below a level of significance. 3 30. Prior to recordation ofthe Final Parcel Map, a joint use parking agreement shall be 4 submitted for review and approval by the Planning Director, City Engineer, and ^ City Attorney. The agreement shall provide for the following: 6 A. The sharing in perpetuity of all parking and access aisles/driveways onsite, including within the underground parking garage, and between all the uses 7 proposed for the Cannon Court project. ^ B. The agreement shall not be modified without the prior written approval of g the Planning Director, City Engineer, and City Attorney. 10 C. A copy of the joint use parking agreement shall be recorded in the Office of the County Recorder and copies filed with the Planning Director prior to 11 issuance of building permits for the project. 12 31. No future development, other than the installation of a portion of the Coastal Rail Y2 Trail and sidewalks and/or other related improvements to serve future development north of the site (if required), shall be permitted on the landscaped "park" area 14 located at the southwest corner of the project site. 15 32. Prior to occupancy of the first building, the Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, 17 shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with 18 basic architectural theme of the project. 1^ 33. The Developer shall constmct trash receptacle and recycling areas enclosed by a six-foot 2Q high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 21 Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 22 " 23 24 The approximate location, type, and number of containers to be used to 25 collect refuse and recyclables. B. Refuse and recyclable collection methods to be used. 26 c. A description and site plan for any planned onsite processing facilities or equipment (balers/compactors). D. A description of the types of recycling services to be provided and 28 contractual relationships with vendors to provide these services. E. The estimated quantity of waste generated and estimated quantities of recyclable materials. PC RESO NO. 4978 -10- 16 27 34. The Developer shall submit a solid waste management plan for review and approval by the City of Carlsbad. The plan shall provide the following: ^ The plan shall also evaluate the feasibility of the following diversion 2 programs/measures: i) Source separated green waste collection. 3 n) Cardboard recycling. iii) Programs which provide for the separation of wet (disposable) and ^ dry (recoverable) materials. iv) Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities. 6 v) Glass recycling in restaurants. 5 7 35. No outdoor storage of materials or display of materials or merchandise shall occur onsite unless required by the Fire Chief When so required, the Developer shall submit ^ and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage g Plan, and thereafter comply with the approved plan. 10 36. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect dovraward and 11 avoid any impacts on adjacent homes or property. The maximum height of the light poles shall not exceed 20 feet. A lighting plan for the gas station canopy shall also be submitted for approval by the Planning Department. 13 37. The hotel building shall be designed to comply with Title 18 - Building Codes and 14 Regulations, Section 18.04.170 (Special provisions for buildings between thirty-five and fifty-five feet in height) of the Carlsbad Municipal Code. 15 38. Development shall occur in conformance with the proposed "Construction Phasing Plan." The Developer shall constmct, install and stripe not less than the required 17 number of parking spaces for each phase of construction, as shovra on Attachment 8 - Construction Phasing Plan. Landscape and site improvements shown for each 18 phase of construction shall be completed prior to occupancy of the building in any given phase. Modifications to the Construction Phasing Plan may be approved by 1^ the Planning Director provided that the required number of parking spaces for each 2Q building are installed and accessible prior to occupancy of any individual building. 21 39. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 22 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Conimunity Development and Planning. 24 40. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section 25 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 26 Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance ofbuilding permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 28 " PC RESO NO. 4978 -11- 41. Approval ofthis request shall not excuse compliance with all applicable sections ofthe 2 Zoning Ordinance and all other appHcable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 42. The project shall comply with the latest non-residential disabled access requirements ^ pursuant to Title 24 of the State Building Code. ^ 43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 44. Any signs proposed for this development shall at a minimum be designed in confomiance with the City's Sign Ordinance and Sign Program for Cannon Court PS 00-67 and ^ shall require review and approval of the Plaiming Director prior to installation of such g signs. 10 Engineering 11 General 45. Prior to hauling dirt or constmction materials to or from any proposed constmction site j2 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 14 46. Prior to issuance of any building permit. Developer shall comply with the requirements of 15 the City's anti-graffiti program for wall treatments if and when such a program is , . formally established by the City. 16 17 47. Developer shall provide to the City Engineer an acceptable means, CC&Rs and/or other recorded document for maintaining the private easements within the project and all the 18 private improvements: streets, sidewalks, street lights, sewer and storm drain faciUties located therein and to distribute the costs of such maintenance in an equitable manner 1^ among the owners of the properties within the project. 20 48. Prior to occupancy. Developer shall install rain gutters to convey roof drainage to an 21 approved drainage course or street to the satisfaction ofthe City Engineer. 22 49. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. 24 Fees/Agreements 25 50. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Geologic Failure Hold Harmless Agreement. 26 51. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding 28 drainage across the adjacent property. 52. Developer shall cause property owner to execute, record and submit a recorded copy to PC RESO NO. 4978 -12- 23 26 27 A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property ovraer; and the City Engineer, a deed restriction on the property which relates to the proposed cross 2 lot drainage as shown on the site plan. The deed restriction document shall be in a form acceptable to the City Engineer and shall: 3 " 4 5 6 D. State that all future use of the property along the drainage course will not restrict, 7 impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public ^ nuisance. 9 53. Prior to approval of any grading or building permits for this project. Developer shall 10 cause Ovraer to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the project into the existing City of Carlsbad Street 11 Lighting and Landscaping District No. 1, on a form provided by the City Engineer. 12 54. The Developer shall pay a landscape plan check and inspection fee as required by Section j3 20.08.050 ofthe Carlsbad Municipal Code. 14 Grading 15 55. Prior to the issuance of a grading permit or building permit, whichever occurs first. Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 17 56. Upon completion of grading. Developer shall file an "as-graded" geologic plan with the 18 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constmcted and must be based on 1^ a contour map which represents both the pre and post site grading. The plan shall be 20 signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" X 36" mylar or similar drafting film format suitable for a permanent record. 21 57. This project requires off site grading. No grading for private improvements shall occur 22 outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope 24 easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading 25 will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Plarming Director. 58. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a 28 grading permit from the City Engineer prior to issuance of a building permit for the project. PC RESO NO. 4978 -13- 1 2 Coastal Conditions 59. All grading activities shall comply with all the conditions of the Coastal 3 Development Permit. Dedications/Improvements 4 5 60. Developer shall cause Owner to make an irrevocable offer of dedication to the City 6 for the following: ^ A. An easement for public access and public utility purposes for the prolongation of Avenida Encinas through the project site as shown on the site plan. 8 9 B. An easement for the construction of a portion of the Coastal Rail Trail 10 system through the project site adjacent to Cannon Road westerly of the prolongation of Avenida Encinas, its location to be determined in 11 coordination with the City. 12 All land so offered shall be offered free and clear of all liens and encumbrances and 13 without cost. 14 61. Developer shall cause adjacent Owner to make an irrevocable offer of dedication to the City for an easement for public access and public utility purposes over and ^5 across that portion of the parcel westerly of the project site. Said easement shall be for the purpose of the prolongation of Avenida Encinas, for emergency access from Cannon Road, and for the construction of a portion ofthe Coastal Rail Trail system. 17 All land so offered shall be offered free and clear of all liens and encumbrances and without cost. 18 19 62. Developer shall cause Ovraer to execute a covenant for easement for reciprocal access and maintenance over all driveway aisles and parking areas, including the hotel 20 underground parking, all as shovra on the site plan. The obligation to execute and record the covenant for easement shall be shovra and recording information called out on 21 the site plan. Developer shall provide City Engineer with proof of recordation prior to issuance ofbuilding permit. 22 22 63. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public easements as shovra on the site plan and/or 24 required after final design of the site plan. The offer shall be made by a certificate on the final parcel map for MS 99-16. All land so offered shall be offered free and clear of 25 all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. 26 27 64. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage stmctures, as may be required by the City Engineer, prior to or concurrent 28 with any grading or building permit. PC RESO NO. 4978 -14- 65. Developer shall provide the design of all private streets and drainage systems to the 2 satisfaction of the City Engineer. The stmctural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage 3 systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 4 ^ 66. Developer shall execute a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shovra on 5 the site plan and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, grading, clearing and gmbbing, undergrounding or 7 relocation of utilities, sewer, water, storm drain system, fire hydrants, street lights, signing and striping, retaining walls and reclaimed water, to City Standards to the ^ satisfaction of the City Engineer. 9 Half street improvements of Cannon Road to major arterial standards along 10 the project frontage. 11 B. Traffic signal at the intersection of Cannon Road and Avenida Encinas, with an interconnect to the existing traffic signal at Cannon Road and the 1-5 off and on-ramps. Work to be coordinated with Caltrans. 13 Improvements to Avenida Encinas southerly of its intersection with Cannon 14 Road in order to ensure alignment with the proposed onsite street. 15 Improvements listed above shall be constmcted within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 17 67. Prior to issuance of building permits. Developer shall underground all existing overhead 18 utilities along the project boundary. 1^ 68. Developer shall have the entire drainage system designed, submitted to and approved by 20 the City Engineer, to ensure that mnoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the 21 mnoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the 22 detention basin capacities necessary to accomplish the desired results. 69. Developer shall comply with the City's requirements of the National Pollutant Discharge 24 Elimination System (NPDES) permit. Developer shall provide improvements constmcted pursuant to best management practices as referenced in the "Califomia Storm Water Best 25 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 26 and subject to the approval of the City Engineer. Said plans shall include but not be 2^ limited to notifying prospective owners and tenants ofthe following: 28 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. PC RESO NO. 4978 -15- ^ B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 2 antifreeze, solvents, paints, paint thiimers, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 3 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 4 Federal, State, Coimty and City requirements as prescribed in their respective ^ containers. 5 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 7 70. Prior To Occupancy, Developer shall install street lights along all public and private 8 street frontages abutting and/or within the project site in conformance with City of g Carlsbad Standards. 10 71. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the project site in conformance with City of Carlsbad Standards. U 12 13 73. Prior to building permit or grading permit issuance, whichever occurs first Developer 14 shall have design, apply for and obtain approval of the City Engineer, for the stmctural section for the access aisles with a traffic index of 5.0 in accordance with City Standards 15 due to tmck access through the parking area and/or aisles with an ADT greater than 500. The stmctural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the 17 building or grading plan review whichever occurs first. 16 72. Prior to occupancy. Developer shall install wheelchair ramps at the public stieet comers abutting the project site in conformance with City of Carlsbad Standards. 18 Utilities 1^ 74. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 20 Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 21 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 22 75. The Developer shall design and constmct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. 24 At the discretion of the Deputy City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes 25 76. Prior to issuance ofbuilding permits, Developer shall pay all fees, deposits, and charges 26 for connection to public faciUties. Developer shall pay the San Diego County Water 2^ Authoritv capacity charge(s) prior to issuance of Building Permits. 28 77. The Developer shall prepare a colored recycled water use map and submit it to the Plarming Department for processing and approval by the Deputy City Engineer. PC RESO NO. 4978 -16- 78. The Developer shall design landscape and irrigation plans utilizing recycled water as a 2 source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer - Utilities. 3 79. The Developer shall install potable water and recycled water services and meters at a ^ location approved by the Deputy City Engineer - Utilities. The locations of said services ^ shall be reflected on public improvement plans. 6 80. The Developer shall install sewer laterals and clean-outs at a location approved by the Deputy City Engineer - Utilities. The locations of sewer laterals shall be reflected on 7 public improvement plans. 81. The Developer shall design and constmct public water, sewer, and recycled water ^ facilities substantially as shown on the site plan to the satisfaction of the Deputy City g Engineer - Utilities. Proposed public facilities shall be reflected on public improvement plans. 10 82. This project is approved upon the express condition that building permits will not be 11 issued for the development of the subject property, unless the Deputy City Engineer has determined that adequate water and sewer facilities are available at the time of 12 occupancy. 13 83. Prior to Final Map approval or issuance ofbuilding permits, whichever is first, the entire 14 potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the 15 Deputy City Engineer. 84. The Developer shall submit a detailed sewer study, prepared by a Registered 17 Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing 18 infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the 1^ District Engineer. 20 85. The Developer shall submit a detailed potable water study, prepared by a 21 Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, 22 and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 24 86. The Developer shall submit a detailed recycled water study, prepared by a 25 Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be 26 submitted concurrently with the improvement plans for the project and the study 2^ shall be prepared to the satisfaction ofthe District Engineer. 28 PC RESO NO. 4978 -17- ^ Fire 2 87. Four additional on-site fire hydrants must be provided. Consult with the Fire 3 Department to determine precise locations. 4 88. Fire flow requirement is 3000 gallons per minute and may be delivered from 2 fire 5 16 hydrant sources. Engineering: 5 Code Reminders 7 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 8 9 10 .. 89. Developer shall exercise special care during the constmction phase of this project to 11 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code (the Grading Ordinance) to the satisfaction of the City Engineer. 13 90. Some improvements shown on the site plan and/or required by these conditions are 14 located offsite on property which neither the City nor the ovraer has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 15 The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessfiil. Developer shall apply and obtain an amendment of this approval or modify the plans 17 so improvements will not occur outside the project and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 18 19 20 21 .. 92. The sprinkler system protecting the hotel must be a combination type which provides 2 22 and one-half inch gated hose outlets at all stair landings and at appropriate locations in the basement parking areas per Carlsbad Mimicipal Code Section 17.04.010. 24 93. AutomatOc fire sprinkler protection of restaurant A will be required if its area exceeds 5000 square feet per Carlsbad Municipal Code Section 17.04.010. 25 " 26 Fire Department 91. The hotel and restaurant B must be protected by automatic fire sprinkler systems per Carlsbad Municipal Code Section 17.04.030. NOTICE 27 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 28 "fees/exactions." PC RESO NO. 4978 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on the 16th day of May 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Compas, Heineman, L'Heureux, and Trigas Commissioner Nielsen JBF^^E^. SEGALL, Cttailperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 4978 -19- < m cc < CM 5 O CE t Q " -J i o z cc cc o J: s » UJ a > T oc ~ Q UJ o 3! si m ^ 53 o 32 8 H ~ < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 oa RESOLUTION NO. 2001-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A GAS STATION, MINI-MART, HOTEL AND TWO RESTAURANTS ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CANNON ROAD AND INTERSTATE 5 IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: CANNON COURT CASE NO.: CUP 99-30 WHEREAS, on June 26, 2001, the City Council received the report of the Planning department and the recommendation ofthe Planning Commission and held a duly noticed public hearing receiving the testimony of all persons interested in this matter; and WHEREAS, on May 16, 2001, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration and Conditional Use Permit to allow for the development of a 16-pump gas station, mini- mart, 86 room hotel, and two restaurants, and it adopted Planning Commission Resolution Nos. 4977 and 4978 recommending to the City Councii that the Mitigated Negative Declaration be adopted and the Conditional Use Permit be approved; and WHEREAS, after careful consideration of the report ofthe Planning Department, the recommendation of the Planning Commission and after carefully weighing all the evidence and documents received from any person interested in this matter who testified at the public hearing; and WHEREAS, the City Council recognizes that this site is adjacent to a number of locations that are not compatible with the sale of alcohol from a gas Resolution No. 2001- 209 Page 1 of 4 O < CD m O Ul _| ^ Vlf S ° 3 5 •1^ cc ^ >- OJ 4 g ^ CO 5 cc I 5 Q < § !3 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Station/mini-mart at all hours of the day and night including the proximity to the proposed trail that will be part of the City-wide trail system, the proposed park, the existing Cannon Park and the beach where the use of alcohol is already prohibited by Carlsbad Municipal Code section 11.32.040; and WHEREAS, a number of retail alcoholic beverage sales outlets are available within a reasonable distance of the proposed development, NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation ofthe Planning Commission forthe adoption of the Mitigated Negative Declaration and approval of Conditional Use Permit 99-30 is accepted and the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 4977 and 4978 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council except as expressly stated beiow: a. Any future proposal for the retail sale of alcoholic beverages at the gas station/mini-mart shall require an amendment to the CUP by the City Council after a report and recommendation by the Planning Department and Planning Commission. Any such future proposal for the retail sale of alcoholic beverages shall also require review and recommendation by the Police Chief in accordance with law. b. Prior to the recordation of the final parcel map or issuance of grading permits, whichever occurs first, the developer shall prepare, record and notice that this property may be subject to noise, air quality, water quality, and other environmental impacts from the future construction of a power plant or other utility uses to the north in a form meeting the approval of the Planning Director and City Attorney. c. The developer has proposed this development in phases. If constmction ofthe improvements in any phase is not promptly begun following grading ofthe site forthe proposed use, then the developer shall be required to hydroseed and Resolution No. 2001- 209 Page 2 of 4 UJ cn ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 landscape that graded area to the satisfaction of the Planning Director. d. The hours of operation of the gas station/mini-mart are not restricted at this time. However, the City Council retains jurisdiction to do so by amending this conditional use permit following a report and recommendation by the Planning Department and Planning Commission should the facts and circumstances change indicating a need for such future restriction. e. The improvements required by Condition No. 66 of Planning Commission Resolution No. 4978 shall be constnjcted concurrently with the construction of the gas station/mini-mart and accepted pursuant to City standards to the satisfaction of the City Engineer prior to the issuance of occupancy permits. 3. Except as expressly stated herein, all terms and conditions of Planning Commission Resolution Nos. 4977 and 4978 are adopted by the City Council and incorporated herein by reference. 4. That this action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, 'Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carisbad, 1200 Carisbad Village Drive, Carisbad, California 92008." Resolution No. 2001- 209 Page 3 of 4 < i m LiJ A a: £ S < o 8 , o Ul S d u. C5 °° £: ^ I oc t > oc Q" s e cc ec 5 Q o ,i < b 2 c < S -I ^ cv I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting ofthe City Council of the City of Carisbad held on the lOth day of JULY , 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None Resolution No. 2001-209 Page 4 of 4 Page 2 of4 ATTACHMENT 9 Page 1 West's Aim.Cal.Bus. & Pipf.Code § 23790.5 C West's Annotated Califomia Codes Currentness Business and Professions Code (Refs & Annos) Division 9. Alcoholic Beverages (Refs & Annos) Chapter 5. Restrictions on Issuance of Licenses (Refs & Annos) Article 1. In General (Refs & Aimos) ->§ 23790.5. Concurrent retailing of motor vehicle fuel and beer and wine; local regulation; conditional use permits; conditions on retailers; sale to minors (a) It is the intent ofthe Legislature in enacting this section to ensure that local govemment shall not be preempted in the valid exercise of its land use authority pursuant to Section 23790, including, but not limited to, enacting an ordinance requiring a conditional use pemiit. It is also the intent of the Legislature to prevent the legislated prohibition of the concurrent retailing ofbeer and wine for ofT-premises consumption and motor vehicle fuel where the retailing of each is otherwise allowable. (b)(1) No city, county, or city and county shall, by ordinance or resolution adopted on or after January 1, 1988, legislatively prohibit the concurrent retailing of motor vehicle fuel and beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows motor vehicle fuel and off- sale beer and wine to be retailed on separate sites. (2) On and after January 1, 1989, no city, county, or city and county ordinance or resolution adopted prior to May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites. (3) On and afler July 1, 1988, no city, county, or city and county ordinance or resolution adopted on or after May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites. (4) This section shall not apply to a prohibition by a city, county, or city and county of the sale ofbeer and wine in conjunction with the sale of motor vehicle fuel if that prohih)ition (Kcurs as a result of the prohibition of the combining of the sale of motor vehicle fuel with a broader class of products or uses which includes alcoholic beverages or beer and wine as a named or unnamed part of that larger class, if that prohibition was enacted before August 1, 1985. Copr. © West 2004 No Claim to Orig. U.S. Govt Works http://print.westiaw.cora/delivery.html?dest=atp&dataid=B0055800000029970002138168... 05/19/2004 Page 3 of4 Page 2 West's Ann.Cal.Bus. & Prof.Code § 23790.5 (c) Subject to the restrictions and limitations of subdivision (b), this section shall not prevent a city, county, or city and county from denying permission, or granting conditional permission, to an individual applicant to engage in the concurrent retailing of motor vehicle fiiel with beer and wine for off-preinises consun^tion pursuant to a valid conditional use permit ordinance based on appropriate health, safety, or general welfare standards contained in the ordinance if that conditional use permit ordinance contains all of the following; (1) A requirement for written findings. (2) A provision for an administrative appeal if the goveming body has delegated its power to issue or deny a conditional use peimit. (3) Procedures for notice of a hearing, conduct of a hearing, and an opportunity for all paities to present testimony. (4) A requirement that the fmdings be based on substantial evidence in view of the whole record to justify the ultimate decision. (d) Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consunq)tion shall abide by the following conditions: (1) No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1,1988. (2) No advertisement of alcoholic beverages shall be displayed at motor fuel islands. (3) No sale of alcoholic beverages shall be made from a drive-in window. (4) No display or sale ofbeer or wine shall be made from an ice tub. (5) No beer or wine advertising shall be located on motor fuel islands and no self-iUiuninated advertising for beer or wine shall be located on buildings or windows. Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.westlaw.coni/delivery.html?dest=atp&dataid=B0055800000029970002138168... 05/19/2004 t5 — U —U ^ Page 4 of 4 Page 3 West's Ann.Cal.Bus. & Prof Code § 23790.5 (6) Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. The standards contained in this subdivision are minimum state standards which do not linoit local regulation otherwise pennitted imder this section. (e) If there is a fmding that a licensee or his or her employee has sold any alcoholic beverages to a minor at an establishment engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption, the alcoholic beverage license at the establishment shall be suspended for a ininimum period of 72 hours. For purposes of Section 23790, the effect of such a license suspension shall not constitute a break in the continuous operation of the establishment nor a substantial change in the mode or character of operatioii. (f) The provisions of this section apply to charter cities. CREDIT(S) (Added by Stats.1987, c. 176, § 1. Amended by Stats.1991, c. 108 (A.B.140), § 1, eff. July 11, 1991; Stats.1994, c. 627(A.B.463),§3.) Wesfs Ann. Cal. Bus. & Prof Code § 23790.5, CA BUS & PROF § 23790.5 Current with urgency legislation through Ch. 39 & Res. Ch. 1 of 2004 Reg.Sess., Ch. I (end) of 3rd Ex.Sess., Chs. 1 & 2 (Prop. 57) & Res. Ch. I (Prop. 58) of Sth Ex.Sess., & Props. 55 & 56 Copr. © 2004 West, a Thomson business END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.westiaw.com/deliveiy.htinI?dest=atp&dataid=B0055800000029970002138168... 05/19/2004 4 4 Mi'\r CANNON ROAD "CANNON COURT" CUP 99-30 WESTMART ( Existing Gas Station / Mini-mart) NORTH 0 20' 40' 80' r RECEIVED FE3 1 0 20W CITY OF CARLSBAD PLANNING DEPT 5/7"f PMN KMX. r-w 0 20' <0' so" iTMmnAfimtf. CANNON ROAD CONCEPTL. iL SITE PLAN 0 20' 40' 80' Ca.se No. CI I Y OF CAIiLSR.AD I'lniiniiii: Ci.i!iniiis^i(in H\hibii No