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PUD 15-05; 165 Pine Avenue; Planned Unit Development - Non-Residential (PUD)
^ Cily of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPUCATIONS APPUED FOR: (CHECK BOXES) Develooment Pemlts (FOR DEPT. USE ONLY) Legislative P^rmlt^ (FOR DEPT. USE ONLY) 0 Coastal Development Permit (*) Q Minor 0 General Plan Amendment • Conditional Use Pennit (*) O Minor Q Extension 0 Local Coastal Program Amendment (*) • Day Care (Large) 0 Master Plan 0 Amendment • Environmental Impact Assessment 0 Specific Plan 0 Amendment • Habitat Management Permit 0 Minor 0 Zone Change (*) • Hillside Development Permit (*) 0 Minor 0 Zone Code Amendment • Nonconforming Construction Permit Smith Carlsbad Coastal Rwlew Area Permits Planned Development Permtt 0 Minor 0 Residential 0 Non-Residential 0 Review Permtt 0 Administrative 0 Minor 0 Major • Planning Commission Determination 0 Site Devetopment Pian 0 Minor Villaae Review Area Permits • Special Use Permit 0 Review Permtt 0 Administrative 0 Minor 0 Major 0 Tentative Parcel Map (Minor Subdivision) • Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor (*) = eligible for 2S% discount NOTE: A PROPOSED PROJECT REQUIRING MILTIPLE APPLICATIONS MUST BE SUBMnTED PRIOR TO 3:30 PJU. A PROPOSEO PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMrTTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL N0(S).: 204-123-01 PROJECT NAME: PRE 10^165 PINE AVE BRIEF DESCRIPTION OF PROJECT: TWO UNIT CONOMINIUM PROCT AT 165 PINE AVE, CALSBAD, LOATED IN THE MELLO II SEGMENT APPOX. 5281 SQ FT BRIEF LEGAL DESCRIPTION' ™^ '"''^^ °^ THUMS LANDS, IN THE cmr OF cARLseAO, COUNTY OF SAN OIEGO, STATE OF CA ACCORDING TO MAP THEREOF NO LOCATION OF PROJECT: 165 PINE AVENUE, CARLSBAD. CA ON THE: WEST QT GAKriLLU STREET ADDRESS SIDEOF PINE AVENUE (NORTH, SOUTH, EAST, WEST) BETWEEN GARFIELD (NAME OF STREET) AND (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 12/13 CITY. STATE ZIP r / A .Td:^ ^ , /^^ ^f^C OWNER NAME (Print): MAIUNG ADDf^ TaSPHONE BiflAIL ADDRESS: APPLICANT NAME (Print): STEVE PROPHET MAILING ADDRESS SUITE lOeA-349 300 CARLSBAD VILIAGE OR CITY, STATE. ZIP: CARLSBAD. CA 92008 TELEPHONE: 760-468-7063 EMAIL ADDRESS: STEVEPROPHET@ICL0UD.COM I CERTFY THAT ( AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE A^a^ CCWRECT TO THE BEST OF MY KNOWLEI I CERTIFY THAT I AM THE LESAL REPRESENTATIVE OF THE OWNER Ah© THAT AU. THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): STEVE PROPHET MAlLiNGADDRESS: SUITE 108A-349 300 CARLSBAD VILLAGE DR CITY. STATE. ZIP CARLSBAD, CA 92006 TELEPHONE: 760-468-7063 EMAILADDRESS: STEVEPROPHET@ICL0UD.COM I CERTIFY THAT I AM TKffi LEGAL REPRESENTATIVE OF THE APPLICANT ANO THAT ALL THE ABOVE INR3RMATI0N IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMWSSIONEBS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY TMAT IS THE SUBJECT OF THIS APPLICATION. WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECOROED ON THE TITLE TO HIS PRCM'ERTY IF CONDITIONED FOR TFE APPUCANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AJslD.BWIXW'ft'-SOCCESSORS IN INTEREST. RTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-l Page 2 of 6 Revised 12/13 I Development Services i City of DISCLOSURE STATEMENT planning Division Carlsbad P-^W ""^Srr6:o www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications vvhich will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following infonnation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information Is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social dub, fratemal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; hovi«ver, the legal name and entity of the applicant and property owner must be provided beiow. 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 partnershio. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-ovyffied corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person RONALD RASAK Corp/Part TitlePWNER Title Address'™ ""^^ CALABASAS. CA 91302 Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Aiso, provide the nature of the legal ownership (i.e.. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses ofthe corporate officers. (A separate page may be attached if necessary.) Person RONALD RASAK Corp/Part TitlePWNER Title AddressrZZIZIlz:rZZ!! Address p-1 (A) Page lof 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oraanization or a trust, list the names and addresses of ANY person sen/ing as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A Non Profit/Trust N/A Title Title Address ddress Have you had more than $500 worth of business transacted vwth any member of City slaff. Boards. Commlssiais, Committees and/or Council within the past tvwlve (12) months? I I Yes ^ No Ifyes. please indicate person(s): NOTE: Atfach additional sheets if necessary. I certify that aii the above information is true and correct to the best of my knowledge. Signaf{«% of ovwier/date Print ortypeliamBiSf^wner Signature of appAcanf/dafe Print or type name of applicant Signature of (Mmer/appycant's agent if appficable/date Print lor type name of owflner/applicant's agent P-KA) Page 2 of 2 Reviseo 07/10 if r\Ur nf PROJECT DESCRIPTION Development services TI QilPiri ^ ' ^^^^ Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: PRE15-04-165 Pine Avenue APPUCANTNAME: Ronald and Tammy Rasak Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also Include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed development is to redevelop the two existing residential units on this one lot located at the corner of 165 Pine Avenue and Garfield Street, Carisbad, CA. The new construction consists of building two stacl<ed flat condominium units over a 4 car subterranean garage. The lot is in the R-3 zone and the lot area is 5,280 sf. Lot coverage here is allowed to be 60%. The proposed building has a total living area of 5,728 sf with a lot area coverage of 3,022 sf for a 57.23% coverage. There will be a 749 sf. roof deck. A guest parking space will be located at the current driveway location along Garfield Street. The power lines along Pine Ave are intended to be placed underground by the property owner. The building will be a contemporary style with artfully placed stucco, glass and stone veneer. A sloped metal roof located adjacent to the residential property lines and a flat roof deck along Pine Ave that takes advantage of the ocean view. Landscaping that enhances the structure, street frontage and pedestrian experience will open up the current fenced property. The surrounding neighborhood is comprised of a mix of eclectic aesthetics. A mid century contemporary multi-family project, with an inverted sloped roof is located across the street to the east, to a mixture of styles and non-descript styles along the neighboring properties. The following describes the lot with a number of existing constraints: 1. The lot is a substandard lot at 5,280 square feet, which falls below the 7500 sf minimums. 2. The lot is adjacent to an extremely wide street right-of-way on Pine Avenue, which is 80 feet. Normally curb face to property line is 10 feet. At this property 165 Pine Street is 18 feet. 3. The property is encumbered by the adjacent Tamarack Inn building, which is 3 stories in height and is observing a lessor setback than 165 Pine Avenue is required to have. This reduced setback and physical scale and bulk ofthe building encumbers 165 Pine Ave. This Design submittal is requesting an administrative Minor Variance for a slight reduction in the 10-foot setback along Pine Avenue by 25% to an average of 8.5-foot setback. The setback variance will step back along Pine Avenue from the required 10ft at the Northeast corner to Sft and then to 6ft, which is closest to the Tamarack Inn at the Northwest corner of the building. Again the average setback would result in an average setback of 8.5ft from 10ft. The building will still fit with in or below the allowable maximum lot coverage of 60%. P-1(B) Pagelofi Revised 07/10 i HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) yf ./og m ent Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certificafion of CompKance with Govemment Code Section 65962.5) Puj^suant to State of Califomia Govemment Code Section 65962.5. I have consulted the Hazardous Waste and Substances Sites Ust compiled by the Califomia Environmental Protedion Agency and hereby certify that (check one): • The development project and any altemalives proposed in this applrcalion are not contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. The development project and any altematives proposed in this application are contained on the Ists compiled pursuant to Section 65962.5 ofthe State Govemment Code. Narne APPLICANT STEVE PROPHET SUITE 108A-349 300 CARLSBAD VILLAGE DR Name PROPERTY OWNER .RONALD RASAK Address CARLSBAD, CA92008 3778 AVENIDA CALLADA, Address., CALABASAS. CA 91302 Phone Number: Phor« Numt>er: Address Of Site: P'^E AVENUE. CARLSBAD. CA Locdl Agency (City and County):, Assessor's book, page, and parcel number:. Specify list(s): Regulatory ide.ntification Number. Date of Lisl: Property Owner Signature/Date The Hazardous Waste and Sutistances Sites List (Cortese Ust) is used by the State, local agencies and developers to comply with the Caiifonr«a Environmental Quality Act requin^ents in providing information about the location of hazardous materials release sites. P-1(C) Page i 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): f5"-o4 - F^Mtf Av«r General Information 1. Name of project: |(bt) P|rU|g A^Vlg: 2. Name of developer or project sponsor: t^-ohl ^ TAt^i-^y P-A^/\Je^ Address: 3>77<5 AvgM-iC^ «cA.l-i-Aj:?A City, State, Zip Code: A/-/^feASA.^ . <^ '^^I'bOT^ Phone Number: fbi A - 3. Name of person to be contacted concerning this project: 'STtSVfe pfZ^FM-^T Address: SoiTg lQaA-^4q c:^R.u^ 6A,<g AVu-LAqg City, State, Zip Code: ^(2-LJSg^Q.rO ^ ^"ZjOOg Phone Number: 7foO- 4(gfi- "Igg^B 4. Address of Project: | (g5" P/Mg . ^A^S 6A. ^Z^^S Assessor's Parcel Number: SjO>^- O^-OO 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: • 6>obO»Wi<9,(on , •jA iiAO|2L PLA-Ni»-AiaiO Oi*v/a t_£v^i*i.»a»«-7l~ P*(i->^ fT I ' v/«-g.iA.^ca: 6. Existing General Plan Land Use Designation: ^g5.-Ut^U -Qesu&i-x^ {^'tC) 7. Existing zoning district: HuLTlfL^ - F^aMiL-*^ ^gsip^g-TfyM^ "ZoiatS 8. Existing land use(s); gge.ioa/u.-rywi-~^)>^)a \ T<. 9. Proposed use of site (Project for which this form is filed): (i^ tz^g-g, togy-Ti A-i- 6ouOo^^> rv>0)>^ g> Project Description 10. Site size: ^X. g)0 'ST= 11. Proposed Building square footage: 12: Number of floors of construction: (}) ^TTL-OVA/ ^g.<fl^05. <<^g-AorS ^^ A(S>QI/I5-Aizy^ ^^^^ 13. Amount of off-street parking provided: ^ •^•pAiC-B*=» 14. Associated projects: . A - p.1(0) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate cleariy why the application is required: K.'o^o^^1^ MiMQfl— 'V-^sz-i/^t-ia^ P-l(D) Page 3 of 4 Reviseci 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial Cl alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • ^ roads. 22. Change in pattern, scale or character of general area of project. • 23. Significant amounts of solid waste or litter. C] 24. Change in dust, ash, smoke, fumes or odors in vicinity. • iP( 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or []]] ^ alteration of existing drainage pattems. 26. Substantial change in existing noise or vibration levels in the vicinity. [U ^ 27. Site on filled land or on slope of 10 percent or more. • ^ 28. Use of disposal of potentially hazardous materials, such as toxic substances, Q ^ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • ^ etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). Q 31. Relationship to a larger project or series of projects. • ^ Environmental Setting Attach sheets that Include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the stmctures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. ^•*-*0«^<^^^ 33. Describe the surrounding properties, including infomnation on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. so/-.-ou,A«ort^ a^-^io-^i-Y-D^X/ALO^ ^y.'"^**^ V»M^<aHvv«^ VHo C*—1=.»».^ii-v BLC ^ I o*t*-^nMw l^t^O S>•/•<.<, I >t5p*-—' - _7 , . . Certification u,^<L Snapshots or polaroid photos will be accepted. so/-.-ou,A«ort^ A-/s>-^ia.v.^T v^y;«.Lof^a/ >*"Ttv 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Rf2^//^ Slgn3tu^^^^^^i__ For: I/) >UAM. P-l (D) Page 4 of 4 Reviseci 07/10 W>7 C Cityof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) Development Services Planning Division 1635 Faradav Avenue (760) 602-4610 www.carlst>adca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state iaw do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to detennine whether an application is complete or incomplete. Within 30 days of submittal of this appllcatton you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this appiication complete. When the application is complete, the processing period wilt start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular appiication) piease cail (760) 602-4610. ^^-^^^ Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1{E) Page 1 of 1 Revised 07/10 <^ City of Carlsbad TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1(F) Development Services Planning Division 1635 Faradav Avenue 760-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.:. Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time Smit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1. fhis time limit may be extended by mutual consent pf the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g.. Environmental Infonmation Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is oflen exceeded. For the city to process a tentative parcel map appfication concurrently, the property owner or applteant must sign this agreement. If this agreement is not signed, the city vwB accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Signature Print Name S^er is (check one): f-f^-^S jTfProoertv Owner (IjAppliGant Date f ^ Signerjs-^check one^: A ^property Owner (JApplicant )ighature P-1fF) Rev 04/13 TENTATIVE PARCEL MAP TENANT A! ^.^ r NOTIFICATION STATEMENT Development Services Vl^liyOI (Statement of Compliance with Plannmg Division r^orlcl^arl Subdivision Map Act S©CL 66427.1) 1655 Farariay Avonup V^d-IloUd-Li P-1{G) 750-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.;. I hereby certify that! have read Subdivision Map Act Section 66427.1 (provided below) and that I will make a I notifications to the tenants required therein. Signature Print Name Date •Property Owner nApplicant 'rint Name Date / " Subdivision Map Act Saction 66427.1 (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential rea: properly into a condominium project, a community apartment project, or a stock cooperative project, unless finds es foltows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each perso.i applying for the rental of a unit in the residential real property, has received or will have received aii applicable notices ana rights now or hereafter required tsy this chapter or Chapter 3 (commencing with Section 66451). (2) Each of the tenants of the proposed condominium, community apartment project, or stocK cooperative project has received or wiH receive each of the foltowing notices: (A) Written notlfteation, pursuant to Section 68452.9, of intention to convert provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department ot Real Estate, that the period for each tenant's rtght to purchase begins with the issuance of the final public report, end that the report will be avaitable on request. (0) Written notification that the subdivider has received the public repori from the Department of Real Estate. This notice Shall be provtded within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notitication within 10 days after approval of a final map for the proposed conversion (E) One hundred eighty days' written notice of Intention to convert, provided prior to temrunation ot tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority hae approved a tentative map for the conversion. The notice giv^ pursuant to this paragraph shall not alter or abridge 0ie rights or obligations of the parties in pertormance of their covenants, inckiding, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941. 1941 1. and 1941.2 of the Civil Code. (F) Notic:e of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially oflered to the general public or temns more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and stiall xyx\ for a period of not less than 90 days, unless the tenant gives prior written notice of his or hei intention not to exercise the r^ht. (b) The written notices to tenants required t>y subparagraphs (A) and (6) of paragraph (2) of subdivision (a) shali oe deemec satisfied if those notices comply vwth Itie legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, oi city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish. Chinese. Tagalog. Vietnamese, or Korean, ail required written notices regarding the conversion of residential leal property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in th^ language. P-1(G) Page 1 of 1 Revised ii;i2 Variance P-4 Project: PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03 -165 PINE AVE, APN: 204-123-01-00 Answers to Justification Questions 1. Special circumstances or constraints that deprive this property of privileges of others in the area: The lot is a substandard lot at 5,280 square feet, which falls below the 7500 square foot minimum lot size. The lot is adjacent to an extremely wide street right-of-way on Pine Avenue, which is 80 feet. Normally curb face to property line is 10 feet. At this property 165 Pine Street is 18 feet. This results in a very large side-yard building setback from the street. This property has unsightly power poles and lines along Pine Avenue. The property is encumbered by the adjacent Tamarack Inn building, which is 3 stories in height and is observing a lessor setback than 165 Pine Avenue is required to have. This reduced setback and physical scale and bulk ofthe building encumbers 165 Pine Ave. as this large building dwarfs the 165 Pine site. The granting of a slightly reduced side yard setback, to an average of 8.5 foot setback, as well as stepping the building back along the side yard, is not a special privilege based on the substandard lot size, extremely wide street right of way along Pine Ave on this short block. Blocks to the east of this site along Pine Ave have varied right of ways that fluctuate from 80' to 70' to 60' in widths. These reduced right of ways allow for better view corridors and closer to street building placements as opposed to 165 Pine site with a wide setback and the large bulky building to the West. 3. The granting of this variance does not change the use or activity on this site. It is currently zoned for Multiple Family Residential with two existing residential homes on it and we are replacing the two existing homes with two new residential units in one building with underground parking. 4. The granting ofthis variance is still in conformance and consistent with the intent ofthe General Plan. The variance is only for a slight encroachment of 15% into the side yard setback. The full 10-foot setback is observed at the northeast corner and then steps back in three increments to the northwest corner for an average setback of 8.5 feet along Pine Ave. As it steps back it begins to relate to the Tamarack Inn setback. Although the Tamarack Inn is a large three-story hotel that has a scale and bulk that dwarfs everything behind or around it. We are asking for this variance to at least be able to come closer to the Tamarack Inns setback at the rear corner so to hide some of the Inn's large massive back walls and dumpsters, thus creating a more pleasant building relationship, enjoyable view and street edge. 5. This variance does not adversely affect the protection of the coastal resources. This minor setback variance as designed will probably not be recognized because ofthe wide existing right of way and also the sidewalk is located adjacent to the curb. This adjacency creates an even larger landscape parkway and added to the building setback line, the result is an even greater landscape parkway. In fact, this will enhance the resources with an attractive building and landscaping. It will also open up the scenic view corridor along Pine Ave. by undergrounding unsightly overhead power poles and lines, remove parked cars from driveways and create additional parking for the residential units below grade and out of site. This application creates a pleasant landscaped parkway free of garage doors for a wonderful pedestrian experience as you walk towards the coastal amenities. C City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevetopment priority projects incorporate Pennanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4. Chapter 2). Initially this questionnaire must be completed by the applk:ant in advance of submitting for a development applicatton (subdivision, discrettonary permits and/or constructton permits). The results of the questionnaire determine the level of stomi water stand ante that must be applied to a proposed development or redevelopment projedt. Depending on ttie outcome, your prpject will either be subject to 'Standard Stomiwater Requirements' or be subject to additional criteria called 'Priority Oevetopment Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a prpject. Your responses to the questtonnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility fbr making the final assessment after submlsston of tfie development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards ttian initially assessed by you, this will result in the retum of the development application as incomplete In this case, please make the changes to the questionnaire and resutxnit to the City. If you are unsure about the meaning of a question or need help in detenmining how to respond to one or more of the questions, ptoase seek assistance from L^nd Devetopment Engineering staff A separate completed and signed questtonnaire must t>e submitted for each new development application sut>mission. Only one completed and signed questionnaire is required when mulUpto development applications fbr the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with constructton permits for the project Please sfa/t by completing Step 1 and follow the instructions When completed, sign the fbrm at the end and submit this with your applicaVon to the dty. 8TEP1 TO BE COMPLETED FOR ALL PROJECTS To detemiine if your prpject is a priority devetopment prpject, ptoase answer ttie fbllowing questions: YES NO 1. Is your prpject LIMITED TO constmcting new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constnicted to direct storm water runoff to at^acent vegetated areas, or other non-erodit>le permeabto areas: OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads: OR (3) designed and constructed with permeabto pavements or surfeces in accordance with USEPA Green Streets gutoance? X 2. Is your prpject LIMITED TO retrofitting or redeveloping existing paved altoys, streets, or roads that are designed and constructed in accordance vinth ttie USEPA Green Streets guidance? X If you answered 'yes' to one or more of the above questions, then your project is NOT a prtority development prpject and therefore is NOT subject to the storm water criteria required fbr priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant Information. If you answered "no' to both questions, then go to Step 2 E-34 Page 1 of 3 Eflective 6/27/13 City of risbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Deveiopment Engineering 1635 Faraday Avenue 760-602-2750 WMnw.carisbadca.gov STEP 2 TO BE COimJETB) 1^ AIX NEW (« RB)EVEljOPIEIiT PR^ To determine if your project is a priority development project, piease answer the following questtons: yES NO 1. Is your project a new development that creates 10,000 square feet or more of impervtous suriiaces collectively over the entire project site? This mchides commercial, industial, residential, mixed-use, and publk: development projects on publk: or private land. X 2. Is your project creating or replacing 5,000 square feet or more of impen/ious surface collectively over ttie entire project site on an existing site of 10,000 square feet or more of impervious suriiace? This includes commercial, industrial, resklential, mbced-use, and pubBc development prefects on pubfic or private land. X 3 Is your project a new or redevelopment project that creates 5,000 square feet or more of impenrious surfaoe coltoctively over the entire project site and supports a restaurant? A restaurant is a fadlity that sells prepared foods and drinks fbr consi/mptfon, indu<Sng statkmary lunch counters and reheshment stands selling prepared foods and drinks for immediate consunvrikyi. X 4. is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside devetopment project? A hillskJe development prefect includes development on any natural stope ttiat is twenty-five peroent or greater X 5 Is your prpject a new or redevelopment prciject that creates 5,000 square fset or more of impervtous suriiace collectively over the entire prpject site and supports a paridng lot. A paridng tot is a land area or faciUty for ttte temporary parking wstorage of motor vehkdes used personally for business or for conmerce. X 6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervtots surfece collectiyely over tfte entire pnsject site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transpatatton of automobiles, trucks, rrKtorcydes, and ottter vehicles. X 7. Is your pn^ect a new or redevetopment project that creates or replaces 2,500 square feet or more of impen/tous surfece collectivety over the entire site, and disc^harges directly to an Environmentelly Sensitive Area (ESA)7 'Discharging Directly to' indudes flaw that is conveyed overiand a distance of 200 foet or less from ttie project to the ESA. or conveyed in a ppe or open channel any distance as an isolated fiow from the prefect to the ESA (i.e. not conmungles wittt flows from adjacertt lands).' X 8. Is your prpject a new devetopment that supports an automotive repair shop? An autmnottve repair shop is a fadlity ttiat is categorized in any one of ttie folkmng Standard Industrial ClasdfKatton (SIC) codes: 5013, 5014. 5541. 7532-7534. or 7536-7539. X 9. Is your prpject a new devetopment that supporis a retell gasoline outiet (RGO)? This category indudes RGO's that meet the foBowing criteria: (a) 5,000 square feef or more or (b) a projed Average Daily Traffic (ADT) of 100 or more vehtoles per day. X 10. Is your prqject a new or redevelopment prpject that resulte in the disturbance of one or more acres of land and are expected to generate poltotente post construction? X 11.1s your project tocated within 200 feet of the Pacific Ocean and (1) creates 2.500 square feet or more of impen/tous surfece or (2) increases impervious surfece on ttie property by more than 10%? X If you answered "yes* to one or more of the al>ove questions, you ARE a priority devetopment project and are therefore sutiject to Implementing structural Best Management Practices (BMP's) in addition to imptomenting Standard Storm Water Requiremente such as source control and tow impact devetopment BMP's. A Storm Water Management Plan (SWMP) must be submitted with your application(s) for development Go to step 3 for redevelopment projecte. For new projecte, go to step 4 at the end of this questionnaire, check tlie "my project meete PDP requiremente" t>ox and complete applicant information. If you answered 'no' to all of the above questions, you ARE NOT a priority devetopment project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact devetopment BMP's required for all development projects A Storm Water Management Plan (SWMP) is not required with your applicatton(s) for development Go to step 4 at the end of this questionnaire, check the "my project does not meet PDP requiremente" box and completo applicant information. E-34 Page 2 of 3 EfTective 6/27/13 City of 'arlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov STEPS TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY Complete the questions beiow regarding your redevelopment project: YES NO Does the redevelopment project result in the creation or replacement of impen/ious surface in an amount of less than 50% ofthe surface area ofthe previously existing development? Ifyou answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of impervious surfece and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4. check the "my project meete PDP requirements" box and compiete applicant Information. STEP 4 CHECK THE APPROPRIATE BOX AND COMPLETE APPUCANT INFORMATiON My project meete PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understend flow control (hydromcxiification) requiremente may apply to my prqject. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part ofthese requirements, I will incorporate low impact development strategies throughout my project. Applicant Infomiatkin and Signature Box Address: ^^$(^"7^ Acc^so^Parcel^wntie^^ This Box for City Use Only City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biotogtoal Signiftoance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) artd amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendmente); areas designated as presen/es or their quivalent urtder the Multi Spedes Consen/ation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (619) 209-3489 ^0 June 18, 2014 RONALD RASAK AND TAMI4Y RASAK 3778 AVENIDA CALLADA, CALABASAS CALIFORNIA 91302 YOUR REF: SDL50478-LT147-LM OUR NO.: 314315900 POLICY NO.: CA-FXDC-ICL-81067-1-14-314315900 Property: 165-175 Pine Avenue, Carisbad, California Dear Customer: On behalf of Lawyers Title Company, please find your CLTA Standard Owners Policy of title insurance. NOTE: Your policy Is a Computer Generated Product. Although lacking color and "live" signatures, it is the original of your policy. Thank you for selecting Lawyers Title Company for your transactional management needs. Enclosure Poiicy No.: CA-FXDC-ICL-81067-1-14-314315900 This policy has been issued through the offices of Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone; (858) 650-3900 Fax: (619) 209-3489 We wish to take this opportunity to thank you for allowing us to assist you in your recent real estate transaction. We appreciate your confidence in us and take pride in our ability to service all your title needs. The enclosed title poiicy was carefully prepared in accordance with your agent's instruction and should be kept in a safe place with your other important documents as it continues to protect you as long as you have an interest in the subject real property. We hope we can be of assistance to you in all your future real estate transactions. Cordially, James M. John Commonwealth LAND TITLE INSURANCE COMPANY POUCY NO.: CA-FXDC-ICL-81067-1-14-314315900 STANDARD COVERAGE POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Commonwealth Land Title Insurance Company, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown In Schedule A against loss or damage, not exceeding the Amount of Insurance stated m Schedule A sustained or incurred by the insured by reason of 1. Title to the estate or Interest described in Schedule A being vested other than as stated therein; 2. Any defect in or Hen or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of right of access to and from the land; and in addition, as to an insured lender only 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over ihe lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priorify; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the feilure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and dear of all liens. The Company will also pay the costs, attorneys' fees and expenses incuned in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Commonwoalth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by Its duly authorized officers, the Policy to beoome valid when countersigned by an authorized officer or agent of the Company. Lawyers Title, A Division of Commonwealth Commonwealth Land Title Insurance Company Land Title Insurance Company By: ^EALp Countersigned ^x*fiiiiS*v!''^ ATTEST Secretary EXCLUSIONS FROM COVERAGE The fbllowing matters sre expressly exduded from the coverage of this policy and the Company wHI not pay loss or damage, costs, attorneys' fee* are expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regutations (including t>ut not limited to building or zoning laws, ordinances, or rsgulatiom) restricting, regulating, prohibiting or relating to 0) Ifie occupancy, use. or enjoyment of the land; Oi) the character, dimensions or location of any improvement now or hereafter erected on the land: (iH) a separation in ownership or a change in the dimensions or area of the land or any parcel of which Ihe land is or wras a part or (Iv) environmental protection, or the effect of any violation of ttiese laws, ordinances or governmental regulations, except to ttie extent that a notice of ttie enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aftocting the land has been recorded In the public records at Date of Policy. (b) tv\y govemmental poiice power not excluded by (a) above, except to ttie extent that a nolice of the exercise ttiereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land haa 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 Dats of Policy, but not exduding from coverage any taking which has occuned prtor to Date of Poltoy which wouM be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims or other matteis: (a) whether or not recorded In the publto records at Oate of Poltoy, but created, suffered, assumed or agreed to by the insured daimant (b) not known to the Company, not recorded in the publto records at Dato of Policy, but known to the insured daimant and not disdosed in writing to the Company by the insured daimant prtor to the dato ttie insursd daimant became an insured under this poltoy; (c) resulting in no loss or damage to ttie insured daimant; (d) attaching or created sul>sequent to Date of Poltoy; or (e) resulting in loss or damage which would not have been sustained if the insured daimant had pato value for the insursd moitgage or fbr the estate or interest insured by this poltoy. 4. Unenforceability of the lien of the insured mortgage because of the Inability or faNure of the insured at Date of Poltoy. or the Inability or failure of any subsequent owner of the indebtedness, to comply with the appltoabte doing business laws of the stete in whtoh the land is situated. 5. Invalklity or unenfbrceabHity of the lien of the insured mortgage, or daim thereof, whtoh arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or trutti-in^ending law. 6. /Viy daim, whtoh arises out of the transactton vesting in the Insured the estete of interest insured by this poltoy or the transaction creating the interest of the insured lender, by reason of ttie operation of federal banknjptcy, stete insolvency or similar creditors' rights laws. POLICY NO.: CA-FXDC-ICL-81067-1-14-314315900 CONDITIONS AND STIPULATIONS 1 Definitian of Terms The fdlowing terms 'ttttn usad in tNs poltoy mean: (a) "insured": Ihe insurad named in Sd«dUe A. end. subjeci to sny fights or defenses Ife Company would have had againsl Itw named insured, those who succeed to (he interest of the named insured by operation of law es distinguished from purchase indudng. but not limited to, heirs, distributees, devisees, survivors, personal represenlatives, nexl of Mn, or corporate or riduciary successors. The tenm Insured" also Includes: (i) the owner of the tndelitedness secured by the Insured mortgage and each successor in ownership of the indebtedness except a successor who Is an obligor under lhe provisions of Seclion 12(c) of these Conditions and Stipulalicns (reserving, however, ali rights and defenses as to any successor that ths Company would have had against any predecessor insured, unless the suoosssor acqured the Indeblaitness as a purchaser for value without knowledge of Ihe asserted defect ten, encumbrance, adverse deim or other inatter insured egainst by this policy as affeding titte to the estate or Inlerest in Ihe land); (U) any governmental agency or govemmental Instnjmentality which is an Insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereot whether named as an insured herein or not; (iH) the paities designated in Sedian 2(a) of these CondWons and SHpUaiions (b) Insursd cMmanr an Insurad claiming loss or damage (c) 'insured lender": Ihe mvner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Scheduie B, the owner of which is named as an insured in Schedule A. (e) "kmwledge" or Imown": aclual mowtedge, not consUudive Knowledge or notice which may be imputed lo an Insured by reason of the public rsconts as defined in this policy or any ottier reconls wHch impart cansfeucUve noUoe of matters affecting the land (f) "land": the land desalbed or referred to in Schedule A and improvements sffixed thereto vMch by law constituls real property. The term land" does not indude any propeity beyond the lines of the arsa described or referred to in Schedule A nor any right, title, interest estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or watenvays, but notNng herein shafl modify or Hmit ttie extent to which a right of access to and from the land is insured by this policy (g) "mortcmie": mortgage, deed of trus), tmst deed, or other security instrument (h) -publto records": raoonjs estaUished under slate statutes at Date of Policy for the purpose of Imparting consUudive noioe ot matters relating to real property to purcttesers for value and without knowledge. (i) "unmaiKetabilHy of ttie titte": an sieged or apparent matter affecting ttie ttte to lhe land, not exduded or excepted from coverage, which would enltte a purchaser of ttie estate or interest desalbed in Schedule A or ttie insured mortgage to be released ttom ttw obtgellon to puichase by vfrtueof a contt'adual oondKion requinng ttw deliveiy of marketable titte. 2. ConHnuaUanorinaunnce. (a) Alter Aoquialtton of TMe by Insured Lender. If ttiis poUcy inswas ttw owner of ttw indebtedness secured by ttw insured mortgage, ttw covarage of ttiis policy shan contnue in force as of Oata of PaRcy in tovor of (I) such insured lender who acqiires at or any part of ttw estate or inlerest in ttw land by faradoaura, ttuslears sals, conveyance in leu of foredosure, or ottwr legal manner wMch discharges ttw lan oT ttw insursd mortgage; (H) a ttansferee of ttw estate or interest so aoqdiad from an insursd coporstlan, pmvided (w ttansfsrse is ttw parent or vnhoHyxMwwd subsidary of ttw Insurad eoiporaton, aiKl ttwir coiporale successors by operalion of law and not by purctiase. subfed to any rights or defenses ttw Company mey hava against any predsoessor Insureds; and (W) any govemmenlai agency or govemmenial inslnimenlality which aoiuiias stl or any part 01 ttw estate or mterest pursuani to a conlrad a< insurance or guaranty insuring or guaranteeing ttw Indebtedness sscuad by ttw insursd mortgage. |b) Alter Conveyance of Tile by an insurad The coverage of ttiis policy she! continue in force as of Dale of Policy in (aw of an insured only so tong aa ttw inaured retains an estate or Interest m ttw land, or hdds an indsMedness secured by a pudiase money mortgage given by e puichassr ftom ttw Insured, or only so long as ttw Insured ihal have Ilability by reason of covenenis of warranty made by ttw Insurad in any ttanstsr or conveyance of Sw estate or interest. This poltoy shan not conlnue In force in favor of any purchaser from an insursd of eitwr 0) an estate or interest in ttw land, or (1) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insuranoe after ttw acquisition or after ttw conveyance by an insured lender ShaH in neittier event exceed me least ot 0) Tlw amount of msurance stated hSdiadiie A; (K) TTw amounl of ttw principal of tw indebtedness secured by ttw insured mortgage as of Dale of Policy, interest ttwreon, expanses of foredosuie. amounts advanced pursuant to ttw inaured mortgage to assurs oomplancs wHh laws or to prated ttw lan of Iw insured mortgage prior to ttw ttnw of acquisilton of ttw estate or interest in ttw iand and secured Uwreby and reasonable amounts expended to prevent deterioretton of Improvemenls. but reduced by ttw amount of ail payments made; or (i) The amounl pato by an govemmental agency or govemmental Insttumenlality, if ttw agency or ttw insttumenlalily is ttw insured daimanl, in ttw acqUslton of ttw estate or inlerest in sattsfacllon of Its insuranoe conkad or guaranty. i. NoOca of Claim to be Oiven by kiewad Claimant An ms^nd shad nottfy ttw Company promptty m wrtting 0) in case of any utigation as set rorth in 4(e) below, (1) in casa knowledge shall come to en insurad hereurxMr of any daim of itte or intsrest viMch Is adverse to ttw titte to ttw estate or interest or ttw lien of ttw insurad mortgage, as Insured, end which might cause toes or damage tor wMch ttw Ckxnpany may be iieble by virtue of ttils policy, or (III) If Itte to ttw estate or Inlerest or ttw Han of ttw Insursd mongage, as Insured. Is rejected as unmadiaiable. If prompt nottoe shal not ba ghMn to ttw Company, ttwn as to ttiat insured all liability of ttw Company shal tenninate viMi regard to ttw matter or matters (or wMch prompt noUca is raquired. providad, however, ttial failura to notify ttw Company sliall in no case prejudice ttw rights of any insured under ttils poltoy unless ttw Company shall be prejudiced by ttw failure and ttwn only lo ttw extent of ttw prejudice. 4. Defense and Prosecution of/tedora; Duty of Insursd Claimanl lo Cooperate. (a) Upon written request by an insurad and subifad to ttw options contained in Section 6 d ttwse Condittons and Stipdattons, ttw Company, at its OMI cost end wittiout unreasonable delay, shsl provide tor ttw defense of such insursd in IttgaCon in whtoh any ttilrd party assarts a daim adverse to ttw lie or Inlerest es insurad, but only as lo ttiose staled causes of adton aHaging a defect Hen cr encumbrence or ottier matter instfad against by ttis pdicy. Tha Company shall have ttw right to seled counsel of its choioe (subjed to ttw right of such insuiad to object for reasonable cause) to repcasent ttw inswad as to ttiose staled causes of acfion and shall not be liable for and will not pay ttw fees of any ottwr counsel. The company win nol pay any fees, costs or expenses incuned by an insured in ttw defense of ttiose causes of adion which allage matters nol insured againsl by ttis policy. Conditions and Stipulations Continued (b) The Company shsH have ttw right at Ks own cost, to institute and prosecute any adion or proceeding or to do any ottier ad whk:h in Its opinion may be necessary or desirable to establish tlw lille to the estate or interest or ttw len of ttw insured mortgage, as insurad, or to prevent or reduce toss or damage to an insursd The Company may t^e eny appropriate actton under ttw terms of ttils pdicy, whettier or nd it shall be labto hereunder, and shan not ttwrsby concede liablHty or waive any provision of ttils policy If ttw Company shall exerciss its rights under ttis paragraph, it shall do so dUgentty. (c) V\Aieiiever ths Company stwH have brought an aclion or interposed a defense as required or permitted by ttw provisians of ttiis policy, ttw Company may pursue any Nttgation to linal determination by a court of competent jurisdidton and expressly reserves ttw right in its sde discretion, to appeal from any adverse judgment or order (d) In an cases where ttils policy pemiils or requires ttw Company to prosecute or provide fdr ttw defense of any adion or proceeding, en insuied shall seose to ttw Con\pany ttie right lo so prosecute or provide defense In ttw adton or prooaedng, end aH appeals ttwrain, and permit ttw Company to use, at its optton. ttw name of such Insured fbr Siis puipose. Vi/nenever requested by ttw Company, an insursd, at ttw Company's eifiense, shan give ttw Company al reasonable ato (i) in any action or proceeding, securing evtoenca, obtaining wfttwsses, praseculing or defending ttw action or proceeding, or affeding saMament and (ii) in any ottier lawful ad which In ttw opinion of ttw Company may be necessaiy or dsslraUe to establish Sw titte to ttw estate or interesl or ttw lien of ttw insured nxxtgage, as insurad. If ttw Company is prejudicad by ttw faiiure of an insursd to fumish ttw raqulrad cooperatton, ttw Coinpany's obligattons to such insured under ttw poiicy shal temiinate, induding any liability or abHgatton to defend, prosecute, or continue any Itfgatton, wWi regard to ttw matier or matters requirtng such cooperatton 5. Proof of Lose or Oamags. In addHion lo and after ttw notices rsquiiad under Section 3 of ttiese Condittons and SttpUallons have been provided ttw Company, a proof of toss or damage aigned and mom to by each insured daimant shall be fumished to the Company «Wiin 90 days after ttw tosured daimanl shatt ascertato ttw fads giving rise to ttw loss or damage. Tlw proof of loss or damage shal describe ttw dated in, or lien or encurrlxance on ttw Itte, or ottier matter insursd against by ttils pdicy which constttutes ttw basis of toss or damage and shal stato, to ttw extent possible, ttw basis of caiculattng ttw amount of ttw toss or damage. If ttw Compeny is prejudiced by ttw fallura of an Insured daimant to provide ttw reqiired proof of toss or darriege. ttw Company's obttgattons to sudi insurad under ttw pdicy shei termlnale, Indudng any UeMity or obligalion to defend, prosecute, or conttnue any Ittgatton. wltti regard to ttw matier or matters raqiiring such proof of toss or damage. m addtion, an insured daimant may reasonably be required to submit to examinatton under oeth by any auttiorized reprasenlalva of ttw Conpany and shal produce for examination, inspedton and copying, at such reasonsHe ttmes and plaoes as may be designaied by any auttiorizad rapresantaliva of ttw Company, al records, books, ledgers, chacKs, correspondence and memoranda, whettier baaring a date baton or aftar Oata of Pdtoy, «Mch reasonabty pertain to ttw toss ot damage. Further, if nsquesled by any authorized rsprssentattve of ttw Company, ttw insursd daimani shall grsnt its pemission, to mrting, for any auttwrizsd raprasantalva of ttw Company to examine, Insped and copy al records, bodes, ledgiaB, checks, cotraspondanoe and mamorands in ttw custody or conbd of a tinl par^, vMch raasonataly pertato to ttw loss or damage. An infonnatton deilgnatod as confWanlal by an insurad cWmant provMad to ttw Company pursuani to ttis Sedton ahal not be disctosed to ottwri unless. In ttw rsasonabto Judgmem of ttw Company, it is necessaiy in ttw adminlsMton of ttw dafen. Faitore of an insurad daimanl to submH for axaminalon under oati, produce ottwr reasonably requested Inlormalion or grant permission to seeure reasonably necessary Infbrmatton ftom ttird pariiea as rsquired In ttis paragraph, unieas prohibited by law or govemmental regdatton, shai tsndnate any lablily of ttw Company under ttis polcy as to ttiat insured (or ttwt dakn. S. 0PTKM8 TO PAY (HtOTHERMSE SETTLE CLAIMS; TERMNATKm OF UABILrrY. m case of e daim under ttis pdcy, ttw Company she! have ttw faUvMng addttionel opttons: (e) To Pay or Tender Payment of thc Amount of Inauranee or to Purehase tiw IndalMadneas. (I) to pay or tender payment of ttw amount of insurance under ttis pdtoy logettwr witti any costs, attorneys' fees and expenses incurred by ttw insured claimant which vwre auttnrized by ttw Company, up to Sw lime of payment or lender of payment and whjch ttw Company Is ObHgated to pay; or fi) In case toss or damage is claimed under ttis pdicy by ttw owner of ttw Indebtedness secured by ttw insured mortgage, to purchase ttw indebtedness secured by ttw instxad mortgage (or ttw amount owning ttwreon together wISi any costs, stionwys' fees and expenses incuned by ttw insursd claimant whkli were aulhorized by Sw Company up to ttw Ome of purchase end which ttie Company is obllgeled to pay. If ttw Company offais to purchase ttw indebtedness as hersin provided, ttw owner of ttw Indebtedness shall ttansfar, assign, and convey ttw Indabtadnass and ttw inaured mortgage, togettier witti any odiataral security, to ttw Company upon payment ttwrafor. Upon ttw exercise by ttw Company of ttw optton pravided fbr in paragraph a(i), an Ilability and oMigalans to ttw insured under ttis poicy, ottwr ttwn to nwka ttw payment required in ttwt peragraph, shal lerninale, indudtog any llabilly or obiganon to defend, proeecutt, or ocnttnue any liigalon. arto ttw poicy shei be sunendered lo ttw Compeny for canoeialon. Upon ttw exerdee by ttw Company of ttw option proiMed for to paragraph a(i) ttie Compen/s obigalon to an Insursd lander under ttis pdicy for ttw daimed loss or damage, ottier ttun ttw payment requlrad to ba mads, shei tenrinato, indudtog any liability or obigattan to defeito, prosecute or conttnue any Ittgatton. (b)To Pay or Olhervrfee SeWe with Partlea Other tlwn tha Ineurad or VMM) ttw Inaurad Clainiant (i) to pay or ottierwise settte with other partes for or in ttw name of an insured daimant any daim insured against under ttis pdicy, logettwr wltti any costs, attomeysf (ses and expenses incurred by ttw insured daimant which were auttiorized by ttw Company up to ttw time of payment and which ttw Company is obligated to pay; or (I) to pay or ottierwise setle wWi ttw tosured claimant ttw toss or damage providad fbr under ttis policy, togettier wttti any costs, attorneys' taes and expanses incurred by ttw insured daimanl vMch were auttiorized by ttw Company up to ttw ttme of paymani and which Sw Company is odigaled to pay. Upon ttw exercise by ttw Company of eittier of ttw opttons provMed lor in peragraphs b(i) or b(ii), ttw Company's obigalons to ttw Insured under ttis pdicy for ttw deimed loss or damage, ottier ttwn ttw peyments requred to be made, shal taminata, indudng any liability or obligation to defend, prosecuto or continua eny llttgatton. Standard Coverage Policy Form 1183-2Z Valid only If Schedules A and B and Cover are attached POLICY NO.: CA-FXDC-ICL-81067-1'-14-314315900 CONDITIONS AND STIPULATIONS - CONTINUED 7. DETERMINATION AND EXTENT OF UABIUTY. Ttis pdicy is a conttad d indemnity against actud monetary toss or damage sustained or incured by ttw insured daimenl who has suffered kiss or damage by reason of matters insured agamst by this pdicy and only to ttw extent herein described (a) The liabiiity of ttw Company under ttis pdicy to an insured lender shall not exceed ttw least ot (i) ttw Amount d Insurance stated In Scheduto A. or. If applicable, ttw amount of insurance ss defined In Sedton 2 (c) of ttiese Condlons snd Sbpuiations: (il) ttw smount of ttw unpato prindpal indebtedness sacured by ttie Insursd mortgage as United or provkled under Sectton 8 of ttwse Condlons and Stipulations or as reduced under Sedion 9 of ttwses Condfttons and Stipulattons, at ttw ttme ttw loss or damage insured egatost by ttis pdicy occurs, togettier witti Interest ttiereon: or (W) ttw dflarence between ttw value of ttie insured estate or Interest es Insured and Sw vdue of ttw Insured estate or intorest subjed to ttie defed, len or encumbrance insirad agamst t>y ttis pdicy. (b) In ttw event ttw insured lender has acquired ttw estate or Interest in ttw manner described m Secion 2(a) of ttiese Condttons and Stipdations or has conveyed ttw tttte. then ttie labnity of ttw Compmy shal continue as set forth in Sedion 7(e) of ttwse Conditons and SttpUaions. (c) Tha labiMy of ttw Company undar Uis policy to an insured owner of the estate or Interest In ttw land described in SchedUe A shal nol exceed ttw least of: (0 ttw Amount of tosurance stated in Schedde A; or. (1) ttw dfferanoa between ttw vaiue d ttw insured estate or interest as insured and ttw vakie of ttw insursd estate or Interest subjed to ttw defed, lien or encumbrance insured agatost by Sis pdk:y. (d) The Company wM pay ody ttiose costs, attorneys' fees and expenses incurred In eccordence witti Sedion 4 of ttwse Condlons and Sttpdalons 8. LMRTATION OF UABIUTY. (a) tt ttw Company estabishes ttw tttte, or removes ttw aHeged defect Iwn or encumbrance, or cures ttw lack of a right d access to or ftxxn ttw tond, or cures ttw dsim of unmariwtabiity of tttte, orottwrwise estsblshes ttw Uen of ttw insured mortgage, ai as Insured, In a reesonably dlganl manner by eny mettxto, indudng ittgalon and ttw completton of any appeals ttwreirom, it shai hava lUly performed Its obigaions wltti resped to ttiat maBer and shal not be liede for any toss or damage caused Ihereby. (b) In ttw evem of any Ittgaion, Indudtog litigetton by ttw Company or witti ttw Company's consant ttw Company shai have no iabilty Ibr toss or damage untH ttiere has been e llnsi determinatton by a court d competent jurisddion. and depositton of al appeals ttwrsftom, edversetottwiitte, or, if appicaUe, to ttw land ttw Insured mortgage, es tosured (c) The Corrpany shstt not be lable fbr loss or damaga to any Insured fOr UabHty voluntarily assumed by ttw Insured to seMHng any daim or suit vMttiout ttw prior writtan consem d ttw Company. (d) The Company shan nd be labto to an insured lender for: (i) any indebtedness created subsequent to Oate d Pdtoy except for advances mads to proted ttw Hen of ttw insured mortgege and secured ttwrsby snd rsasonabto amounts expended to prevent dataiiorattan d Improvements; or (H) constnidton toan advances made subsequent to Dato d Pdicy, exoept consbudton toan advances mads subsequent to Dato of Polcy for Sw purpose of financing to whoto or in part ttw consbudton of an Improvement to ttw land which at Date d PoHcy were secued by ttw inswsd mortgage and whk^ ttw Insured was and oonfnued to be oblgated to advance at and after Oeto of Pdiey. «. itaductloa of Inaunnca; Reduction or Tennlnatkin of Uabiaiy. (a) Atl payments under ttis pdtoy. except peyments made fbr costs, attorneys fees and expenses, shan reduce ttw smount of insuranoe pro lento. However, as to an insurad lender, eny paymenis made prtor to ttw acqdsitton of ttte to ttw estate or interest as provMed to Secion 2(a) d ttwee CondWons and Sttpulalans shai nd reduce pro tanto ttw amount of Insurance afforded under ttis pdtoy se to any such Insurad, except to ttw extent ttwt ttw peyments reduce ttw amount d ttw indebtedness secured by ttw insured mortgage (b) Payment to part by any peraon af ttw principal of Sw indetitedness, or sny ottier obligatton secured by ttw insuad mortgage, or any vduntaiy partid sattstoctton or release of ttw insured mortgege. to Sw extont of ttw payment sattsfacion or ratoass, shaH ia«jce ttw amount d insurance pro tanto. Tlw amounl of insurance nwyttwreafter be irxieasad by accninglfieresl and edvances msde to proted ttw Iton of ttw insurad mortgage and secured ttwrsby, witti intered ttiereon, provided in no event shal Sw amoum of insurarxa be greater ttwn ttw Amount d Insurance stated to Scheduto A (c) Payment in lut by any person or ttw vduntary saSsfedion or rdease of ttw Insurad mongsga shai lanminale ai labW^ of ttw Company to an insurad lander except as provided In Sedton 2(a) of ttwse CondWons and Sttpdattons 10. LIABUTY NONCUMULATIVE tt is expressly understood tiat ttw amount d insurance under ttis pdicy shdl be reduced by any amount ttw Company may pay under any poicy insuring a mortgage to which exceptton Is taken in Scheduto B cr to whk:h Sw tosured has agreed, assumed, or taken subject or which is hereafter executed by en insursd and whtoh is s charge or Hen on ttw estate or inlaraat dascrtbed or refened to to Schedde A, and ttw amount so pato shal ba deemed e paymem under ttis pdicy to ttw Insursd owner. The provisions d ttis Sedton shdl nd spdy to an insured tender, unless such msursd acquires tttte to sdd estate or Interest to sattsfscton d ttw todebtedness secured by an Insured mortgage. 11. PAYMENT OF LOSS. (a) No paymeni shdl ba made wittiout producing ttis pdicy for endorsement of ttw payment untess ttw pdicy has been tost or destroyed. In whidi case proof d toss or destrocion shal be fumished to ttw satsfadon d ttw Company. (b) When Hebilty and ttw extern d toes or damage hes been delnitdy fixed in accordance witti ttwse Conditons and Sttpdattons, ttw toss or damage shatt be payabte wittito 30 days ttiereafter 12 SUBROOATION UPON PAYHKNT OR SETTLEMENT. (a) Ttw Company's Right of Subrogatton. Whenever ttw Company shdl have settled and paid a daim under this pdicy, all right of subrogatton shai vest to ttw Company uiaffeded by any ad d Ihe Insursd daimant. The Con^iany shall be subrogated to and be entiled to dl rights and remedes which ttie Insured ddmam wouM have had against any person or property to resped lo Sw daim had Sis pdicy nd been issued. If requested by ttw Company, ttw insured ddmant shai ttansfer lo ttw Company ail righis and remedes against any person or property necessary to order to perfad ttiis rif^t d subrogatton. Ttw insured daimant shan pemit Sw Company to sue, compromise or settte In Sw name of ttw insured daimsnt and to use ttw neme d ttw insurad claimant to any transactton or imgaiion Invdving Swsa righte or remedes. tt s payment on account of a daim does not fdiy cover ttw toss d ttw Insured daimant, ttw Conpany shal be subrogated 0) as to sn insured OMwr, to ai righte and ramedtos to ttw proportion which ttw Company's payment beara to ttw i*to»» amounl of ttw loss; and (H) as to an insured lender, to al rights and remedes d ttw insursd ddnwnt after ttw Insured ddmem shai nave recovered ite princlpd, interast srW coste of coiedion. If toss Shodd resutt from eny ad of ttw tosured ddmant, as stated above, ttiat ed shdl not voto ttis pdtoy, but ttw Compeny. in ttiat event shai be required to pay crty ttiat part d any kMsas Insured agatost by ttis poicy which shai exceed ttw amount if any, tost to ttw Ctompany by reason d ttw imfwimwnt by ttw insured daimanl d ttw Company's right of subrogatton (b) The InswBd^ RigMs and Lbnttaliona. Nolwithstandng ttw foregoing, ttw owner d ttw todebtedness sectxed by an tosured mortgage, provided ttw priority d ttw Hen d ttw insured mortgage or Ite enforcsabilty is nd aflSded. mi^ rdease or substitute ttw parsond Habiity d any debtor or guarantor, or exlend or ottwnvise modify Sw temis d payment or rdease a poton d Sw estate or interest ftom ttw Hen d Sw tosured mortgage, or rdease any colaterd security fbr ttw indebtedness. When ttw pemitted sds d ttw msured ddmant occur and ttw msured has knowledge of any daim of tttte or toterest adverse to ttw ttte to Sw estate or interast or ttw prtority or enfbrceability d ttw len d an insursd mortgage, as Insurad, tw Company shdl be requred to pay ody ttiat part d any losses Insurad agdnd by ttis pdicy which shai exceed ttw amount If any. iod to ttw Company by reason d ttw impdmwnt by ttw insurad ddmant d ttw Company's right d subrogatton. (C) THE COMPANrS RIGHTS AGAINST NOM-INSUREO OBLIGORS. The Company's rtght d subrogatton agatost nontosurad obigora shat exist and shdl Include, wtttwut HiTitaion. ttw hghte of ttw insured to todemnittas, guaranttas, ottwr poides d Insixance or bomte, notwittistanding any ternis or oondttons contained to ttwae Insttuments which provide for subrogatton rights by reason of Sis pdtoy. Tha Company's right d subrogeion shat nol ba svdded by acqdsitton d an Insurad mortgage by an obligor (exoept an otitgor described In Sedton 1(a)(1) d ttiese Condlons and Sttpdaions) vi«io acqdres Sw insured mortgage as a resutt d an todamity, guarantee, ottwr pdicy d inauranee, or bond and ttw obigor wMI nd be an insved under ttis potcy, notwittistandng Sedion 1 (aXO d ttwse Condttons and Sttpdattons. 13. Artittation. Udess prohibited by appMcabto law, eittwr ttw Compeny or ttw insured may demand artittatton pursiiant to ttw Tite msurance AriMratton Rutos d ttw American Artitdton Aaaodafon. ArtittaUe mattera may indude, but ara nd bitted to, any conttovarsy or daim between ttw Coflvany and ttw insured artdng out d or rdattng to ttis pdtoy, any senice d ttw C^xnpany to connecion witti Ite Issuance or ttw brsech d a potcy provlsian or ottier obtgalon. Alt artirabto mattars when ttw Amount d Insuranos te SI.OOO.OOO or toss shai ba artittBlad at ttw optton d dttwr ttw Company or ttw insured. Ai artittrabto mattan vi4wn ttw Amount of Insurance te in excess d SI.OOO.OOO shst be artittaMd only vifwn agreed to by botti ttw Company and ttw Insured. Arbitatton pursusnt to ttis poi^ and under ttw Rdes to eltod on ttw dete ttw demand for artittatton is made or, at ttw optton of ttw insured, ttw Rdee m eflSd d Date d Pdicy shan be bindng ifxm ttw partiea. Ttw awanl may indude attonwysT fees ody if ttw laws d ttw stds in whk:h ttw tend te tocated permit a court to award attonwysf fees to a pravaitog party. Judgment upon ttw award rendered by ttw Arbittator(s) may be entered to eny court having jurisddton ttwred. The law d ttw sittjs d ttw land shan apdy to an artxttatton under ttw Tile Insurance Ardtatton Rules. A copy dttw Rules may be obldned ftom ttw Company upon requed. 14. LlaMttyUmllad to Tlris PoNcy; Policy Entke Conlract (a) Ttis poicy togettier wltti ai endorsements, if sny, attached herdo by ttw Company te ttw enttre poicy and oonttad between ttw insurad and ttw Company, m interpiettng any provision d ttis poicy, Sis pdtoy shai be consbued as a whde. (b) Any daim d toss or damage, whettwr or not based on negligence, and which arises out d Sw stalus of ttw len d ttw Insured mortgage or of ttia ite to ttw asiala or miersst oovarad hereby or by any actton asserttng such ddm. shai be rssbtoled to ttis pdicy. (c) No amendmenl d or endorsement to ttis poicy can be made except by a writing endorsed hereon or attached hereto signed by eittier ttw PresMent, a Vkw President ttw Seeretery, an Assistant Sacretary, or valdattng officer or euttwrized dgnatny dttw Company. If. Sevand>«ly. to ttw evenl any provision d ttw pdtoy te heto inveld or unedorcaabto under appicable law, ttw poHcy ahal be deemed not to indude ttiat provision and an dher provisions shdl remain In fUl fbrce end eftect 16 Notices Whera Sent. All nottces requred ki be given Sw Compeny end any statement to writtng required to be fumished ttw Company shatt Indude ttw number d ttis pdtoy and shal be addressed to: Commonwedtti tand Titte Insurance Compsny, P.O. Box 4S023. JacksonvMa, Florida 32232-5023 Attn: Claim's Oept Policy No.: CA-f=^DC-ICL-81067-l-14-314315900 CLTA STANDARD OWNERS COVERAGE - 1990 POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company SCHEDULE A Amount of Insurance: $1,575,000.00 File No.: 314315900 Premium: $2,837.00 Endorsement Fee: $-0- Date of Policy: June 06, 2014 AT 8:00 AM 1. Name of Insured: The Rammy, LLC, a limited liability company 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE 3. The estate or interest referred to herein is at the Date of Policy vested in: The Rammy, LLC, a limited liability company 4. The land referred to in this policy is situated in the County of San Diego, State of CALIFORNIA, and is more particularly described in Exhibit "A" attached hereto and made a part hereof. Policy No.: CA-FXDC-ICL-81067-1-14-314315900 File No.: 314315900 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Tract No. 201 of Thum Lands, in the City of Carlsbad, County of San Diego, State of Califomia, according to Map thereof No. 1681, filed in the Office ofthe County Recorder of San Diego County December 9, 1915, described as follows: Commencing at the most Northeasteriy corner of said Tract No. 20; thence South 55''27' West a distance of 88 feet; thence South 34"'33' East a distance of 60 feet; thence North 55«'27' East a distance of 88 feet; thence North 34''22' West a distance of 60 feet to the True Point of Beginning. APN: 204-123-01 PolicyNo.: CA-FXDC-ICL-81067-1-14-314315900 Flle No.: 314315900 SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POUCY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEY'S FEES OR EXPENSES) WHICH ARISE BY REASON OF: PARTI 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, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not siiown 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. END OF SCHEDULE B - PART I PolicyNo.: CA-FXDC-ICL-81067-1-14-314315900 File No.: 314315900 SCHEDULE B PART II A. Property taxes, which are a lien not yet due and payable. Including any assessments collected with taxes to be levied for the fiscal year 2014-2015. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 1. Water rights, claims or title to water, whether or not disclosed by the public reconJs. 2. Any easements not disdosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic infbrmation, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction Is permitted by applicable law, as set forth in the document Recording Date: November 29, 1920 Recording No: 6ooi< 820, Page 391 of Deeds Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 4. Any rights of the parties In possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. END OF SCHEDULE B - PART II Endorsements: NONE li 8 in 3 g"^ •a c kX) •< Q. =• C — in O fD n CL in rb o => ^ m I' C TJ = O Q. Ul =• lb If r* •< ui' 01 tn t/l C 3 fb cx tu n n c 01 n •< !*IV^IOI^.3 ® GARFIELD > < mm k'5^fMISJ0l \ 'o © © ©E 3T 1" •® 10 © J. 9 © B « ©' 3n 1 i® JH' © 7 4 13® BLK ©« A Mm?... © <0 * ! • CARLSBAO ? _ 'STATE HWV .01) MWioe^ Sk <3) - 1" '© 10 © J: 9 @ B 1 s» m : •® - JX © 1 X .3 0 SLK ®6 B ISl' ©5 ? ©I© M gal i f 1 © » 1 © 1 bl > < I-3 Z I- (O bl I O t .'i'll itHMfTirTTni rrr.'r.j^rira.'r.r:^.'. CT-r-,'.'-;rr37}'i~« tlMlBfiWlMT'JlTa BLVD I* CONOM CARLSBAO JURFSIOC Vttl AS 2 CONOH OARritUl BTRtei •owIMrMiiz SHI. lorj eune rM UHuarMrawiiMiinr MAPII340-CARLSeAO TCT hD. 84-21 (CCNOUl) MAPII2«7-CAHL.SeM> TCT NO 04-18 rOQNDM) MAP 1747-PALISADES -8LK3 AIB MAP 1681- I HUM LANDS - TCTS 201 & 202 ROS loeio rb a. Ql I-f 01 in 3-O 5 3 -a ot o rb J&B E^NEERS, SURVEYORS PLANNING T ENGINEERING T SURVEYING T MAPPING MINORITY BUSINESS ENTERPRISE (MBE) RCE 29118 SMALL BUSINESS ENTERPRISE (SBE) Cert No. AZ03783 DIR Number: 1000005072 Cert. No. 58347 Date: March 17, 2015 Re: Additional Information Pine Avenue Current The existing site is bound by developed parcels to the west and south, while fully improved roadways Exist (Pine Ave. and Garfield St) along the north and east. The existing drainage pattern is east to west. Offsite drainage in Garfield Street is collected in an existing curb and gutter before flowing north to Pine Avenue. Pine Avenue drains west along the front ofthe property. A small amount ofthe property drains to Garfield Street, while a majority ofthe property drains to Pine Avenue. All drainage is surface flow and is collected by the existing curb and gutter on Pine Avenue, before leaving the property heading west. Proposed The proposed site will match the existing drainage patterns. Landscaped areas adjacent Pine Avenue and Garfield Street will surface flow to the street and be collected by the existing curb and gutter. The proposed building's roof runoff will be collected in down spouts and will flow to landscaped areas before leaving the site. Downspouts located on the south side ofthe building will discharge to landscaped swale which will flow west to an inlet. The inlet will connect to a 6"'PVC pipe and discharge through the curb onto. Pine Avenue via two 3" curb outlets. Runoff from the proposed concrete driveway will be collected in a 6" wide trench drain located at the entrance to the garage. This runoff will be pumped to the aforementioned landscaped swale before entering the proposed inlet and discharge to Pine Avenue via the PVC pipes. Surveyors, Incorporated, 13670 Danlelson St. Suite G, Poway, CA 92064 Phone: (858) 513-1741 / Fax: (858) 513-1744 email: lbsurvev@isbcalobal.net aBPa Architects BP Asso||^tes 11858 Bernardo Plaza Court, Sui^Ko San Dlego, California 92128 858-592-4710 F 858-592-4193 admin@abpa-inc.com 11 TURNING MOVEMENT EXHIBIT NTS aBPa Architects BP A4||^ciates 11858 Bernardo Plaza Court, Suite 120 San Diego, California 92128 858-592-4710 F 858-592-4193 admin@abpa-inc.com March 11, 2015 City Of Carlsbad Mr. Van Lynch Planning and Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: Preliminary Review Submittal for 165 Pine Ave Carlsbad, CA APN 204-124-01-00 Dear Van, We have attached the Schematic building exhibits indicating our design proposal to seek a Preliminary Review from City Staff and a Minor Variance for the property located at 165 Pine Ave CaHsbad, CA. This is a request from Ron Rasak, Property owner. As described, the lot has a number of existing constraints: 1. The lot is a substandard lot at 5,280 square feet, which falls below the 7500 sf minimum. 2. The lot is adjacent to an extremely wide street right-of-way on Pine Avenue, which is 80 feet. Normally curb face to property line is 10 feet. !65 Pine street is 18 feet. 3. The property is encumbered by the adjacent Time Share building, which is 3 stories in height and is observing a lessor setback than 165 Pine Avenue is required to have. Proposed benefits of our design proposal include: 1. The Garages would be below grade thus resulting in additional architecture on the street instead of 4 garage doors. 2. Additional on site storage areas for resident use. 3. Oversized 2 car garages. 4. On-site fitness and recreation room amenity. 5. Environmentally conscious design with a roof deck and solar roof panels. 6. The Right of way along 165 Pine Avenue will be maintained, which includes an approximately 22' centeriine street width with an 18' landscape right of way. The sidewalk is adjacent to the street curb then an adjacent 12' landscape parkway to the south to our property line which would be landscaped and maintained by 165 Pine St. 7. The power lines along Pine Avenue will be undergrounded. 8. Compliance with City Council Policy 66 the Liveable Neighborhood Policy and Multiple-family Architectural Requirements. This Design proposal seeks an administrative Minor Variance as a reduction in the 10-foot setback along Pine Avenue by 25% to an average of 8.5 feet. The building will still fit with in or below the maximum lot coverage of 60%. If you have any additional questions or comments, please don't hesitate to call me at 858-592-4710. Sincerely, Architects BP Associates Roger L. Basinger Executive Vice President aBPa Architects BP A^j^ciates 11858 Bernardo Plaza Court, Suite 120 San Diego, California 92128 858-592-4710 F 858-592-4193 admin@abpa-inc.com March 13, 2015 Project: PRE 15-04-165 PINE AVE, APN: 204-123-01-00 Re: Response to comments from City of Carisbad (February 17, 2015) Attn: City of Carlsbad, Van Lynch Planning: General 3. The units shall be shifted to the south one-foot to meet the minimum side yard setback of 6 feet (10% of lot width). Staff is unable to support the proposed variance as the site is not physically constrained, does not have any unique features that preclude development of the site, nor is a property right enjoyed by others denied to the subject property. For these reasons, staff recommends that the project adhere to the required 10-foot street side yard setback. The side yard reduction to 2.S feet would be an administrative variance. With the eve of the roof projecting out further into the required yard and thereby reducing setback to zero, a Regular Variance would be required. Response: The units have moved to the south one-foot to meet the minimum 6-foot setback. As described, the lot has a number of existing constraints: 1. The lot is a substandard lot at 5,280 square feet, which falls below the 7500 sf minimums. 2. The lot is adjacent to an extremely wide street right-of-way on Pine Avenue, which is 80 feet. Normally curb face to property line is 10 feet. At this property 165 Pine Street is 18 feet. 3. The property is encumbered by the adjacent Tamarack Inn building, which is 3 stories in height and is observing a lessor setback than 165 Pine Avenue is required to have. This reduced setback and physical scale and bulk ofthe building encumbers 165 Pine Ave. This Design submittal is requesting an administrative Minor Variance for a slight reduction in the 10-foot setback along Pine Avenue by 25% to an average of 8.5-foot setback. The setback variance will step back along Pine Avenue from the required 10ft at the Northeast corner to 8ft and then to 6ft, which is closest to the Tamarack Inn at the Northwest corner of the building. Again the average setback would result in an average setback of 8.5ft from 10ft. The building will still fit with in or below the allowable maximum lot coverage of 60%. The eve of roof overhang has been revised with the new building design and does not project out to the right-of-way. 4. The project plans would benefit by having a site plan, similar to the civil plan C-2, except without the civil information. This plan would also have the required and provided building setback information. This information could be added to the C-2 plan, but it's getting pretty busy. Response: See SETBACK EXHIBIT on Sheet A102-Unit 1 5. The storage space shown on Sli^^ AlOl (Storage 1 and Storage 2) is not r^^ed as the two-car garage satisfies the storage requirement. Response: Additional storage areas in the garages are provided as additional amenities for the residents. 6. The proposed guest parking space on Garfield Street needs to e deep enough such that a car parked in the space will not overhang into the right-of-way and sidewalk. The minimum depth of the space should be 20 feet, or 17 >i with 2 >i foot vehicle overhang. Respon^: See Sheet A102-Unit 1. The guest parking space on Garfield Street is dimensioned at 20 feet deep. 7. All improvements within the front yard setback shall not exceed 42 inches in height above existing grade. Response: See Sheet A201 and A202. The garden walls are less than 42 inches in height. 8. Please show on Sheet A102 the outline of the proposed street side yard deck and the height of the first floor deck from grade. Structures over 42 inches in height are not permitted in the required yards. Response: See Sheet A201 and A202. The height ofthe deck is dimensioned less than 42 inches in height. 9. Please dimension and label the line work for the curb, sidewalk and property line on sheet A102. Again, this may be best presented in the form of comprehensive site plan drawing. Response: See SETBACK EXHIBIT on Sheet A102-Unit 1 10. Please identify Sheet A102 as Unitl and A103 as Unit 2. Response: See Sheet A102-Unit 1 and Sheet AlOB-Unit 2 identified. 11. It appears that a stem wall encroaches into Garage No. 2 and may bias the required 20-foot minimum interior dimension for a garage. The garage dimensions provided shall be the minimum interior dimensions of garage. Response: See Sheet AlOl, the stem wall is removed. 12. The roof plans need to clarify the roof elements, flat or pitched, over the elevator and stairway. Resporise: See Sheet A104, roofs over the elevator and stairway are flat. 13. If the existing homes are removed and not replace within two years, an additional housing in-lieu fee will be required. Response: Note to file Response to City P#11 2E1 FC.docx 3/16/15 Print Date JPBLA, Inc. LANDSCAPE ARCHITECTURE - LAND PLANNING 4403 Manchester Ave. Suite 201, Encinitas CA 92024 CA LIC. #3058, AZ LIC. # 42616, Member ASLA 760/479-0644, Fax 760/479-0645 Date: March 10,2015 PROJECT: PRE 15-04 - 165 PINE AVENUE, APN: 204-123-01-00 ATTN: Steve Prophet RE: Response to comments from City of Carlsbad (February 17, 2015) Landscape Plan Comments; 1. Please revise the Jasminum mesnyi to a low growing species that will not obstruct vehicular sight lines (30" maximum). The Jasminum mesnyi will grow much higher. Response: Complete. The Jasminum mesnyi has been replaced with Trachelospermum jasminoides which will reach a maximum of 24" height as a shrub. This change accomplishes the client's desired separation from the public walkway and potential dog traffic along the sidewalk while also adhering to the City's 30" max height requirement. See Landscape Concept Plan and the planting legend on Sheet LC-2. 2. Please add the missing leader line to the property line. Response: Complete. Two (2) property line callouts have been added, one on the NW and NE sides of the property. See Landscape Concept Plan on Sheet LC-2. 3. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. Ensure that shrubs located at the driveway/entry do not obstruct sight lines so that circulation and pedestrian safety con be maintained. Response: Complete. Plans show all plants at maturity and now show sight triangles from all driveway areas. The added sight triangles encompass the landscape areas within 25' from the side of the driveway down the street length and 15' from the end of the driveway down the length of the driveway. Everything within the sight triangles is no higher than 24" tall, well below the maximum plant height requirement. See Sheet LC-2. 4. Indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. Response: Complete. A note stating "All surfaces shall have positive drainage (2% grade in planting areas) away from structures and shall terminate in an approved drainage system" has been added to lower left-hand comer of Sheet LC-2. 5. Please indicate proposed planting sizes of all shrubs and ground covers and indicate the proposed spacing of the ground covers. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Response: Complete. The planting legend has been modified to show how many of each species are to be planted at a particular container size. There are 121 shrubs proposed for the planting plan and 61% (or 74) of them are shown at 5 gallons which exceeds the 50% 5 gallon requirement for shrubs. See Landscape Concept Plan and planting legend on sheet LC-2. 6. Please provide a Maintenance Responsibility Exhibit. The maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view ofthe project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners' association (HOA), etc.). Response: All of the common landscape area is to be maintained by the HOA. See sheet LC-4 7. The Landscape Manual indicates that landscape plans are to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Please provide wall vines at the base of the driveway retaining wall and/or cascading type plants (i.e. Rosemary) at the top of the wall to cascade over and down the wall to soften/screen this structure. Response: Plant material was specifically selected to drape down over the walls. 8. There are existing overhead power lines along both Pine Avenue and Garfield Street. Civil plans appear to indicate that the overhead lines on Pine will be removed; however this is not indicated for the Garfield lines. Please clarify which lines will remain and which will be removed and coordinate proposed plantings to avoid conflicts. See comment #9 below. Response: Correct, the Pine Street overhead utility line will be undergrounded and the line along Garfield will remain overhead. 9. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. 2 street trees will be required on Garfield and 3 will be required on Pine Avenue. Trees shall be selected from the approved tree replacement list identified in Chapter 6 of the Carlsbad Community Forest Management Plan, unless approved otherwise. Please indicate on the plans which trees are the designated street trees. Response: Completed. See landscape concept plan. 10. Street trees are to be located a minimum of 3' outside of the public right-of- way unless approved otherwise by the City. Please review proposed street tree locations with the Land Development Engineering Division to determine if the trees will be allowed within the right-of-way and provide documentation of approvals with the next submittal. Response: Since the ROW line is located nearly adjacent to the building we have located the new street trees a minimiun of 6-feet from the side walk hardscape along Pine Avenue. The tree trees located on Garfield have been located 3' outside of the public right-of-way. 11. Please provide/address the following on the Water Conservation Plan: a. Indicate the proposed water use (potable or recycled water systems). b. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. This plan will be forwarded to CMWD for review. Any comments will be returned to the applicant. c. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos. shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. HOA maintained areas are to be designed to irrigate with recycled water. d. Written description of water conservation features including addressing xeriscape principles (see Appendix A of the Landscape Manual) within the project. e. Separate water service for landscaping (including, but not limited to connections, water meters, and back flow preventers) shall be provided for all commercial/industrial projects, golf courses, parks, and residential common areas in projects over four (4) dwelling units. Response: a: A note has been added to the water conservation plan noting that this site shall utilize potable water as recycled water is currently not available to this site. b: All of this site's irrigation shall be potable water, c: This site is only two residences and the recycled water is not available to this site. d: See water conservation statement of the water conservation plan. Sheet Lc-3 e: A separate potable irrigation water meter shall be included as part of this project. 12. Include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the city of Carlsbad's landscape manual and water efficient landscape regulations. I have prepared this plan in compliance with those regulations and the landscape manual and agree to comply with all requirements when submitting construction documents. I certify that the plan implements those regulations to provide efficient use of water." Response: Added to Sheet LC-2 13. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. Please provide written response to all comments clearly indicating where and how each comment was addressed. Response: No Landscape redlines were provided. City of Carlsbad Faraday Center Faraday Cashiering 001 1508401-2 03/25/2015 149 Wed, Mar 25, 2015 12:44 PM Receipt Ref Nbr: R1508401-2/0041 PERMITS - PERMITS Tran Ref Nbr: 150840102 0041 0047 Trans/Rcpt#: R0107868 SET #; AV150003 Amount: 1 ® $751.00 Item Subtotal: $751.00 Item Total: $751.00 PERMITS - PERMITS Tran Ref Nbr: 150840102 0041 0048 Trans/Rcpt#: ROI07869 SET #: CDP15010 Amount: 1 @ $2,025,72 Item Subtotal; $2,025.72 Item Total: $2,025.72 PERMITS - PERMITS Tran Ref Nbr: 150840102 0041 0049 Trans/Rcpt#: ROI07870 SET #; MS 150003 Amount: 1 @ $3,804.00 Item Subtotal: $3,804.00 Item Total: $3,804.00 PERMITS - PERMITS Tran Ref Nbr: 150840102 0041 0050 Trans/Rcpt#: R0107871 SET #; PUD15005 Amount: 1 @ $3,015.00 Item Subtotal: $3,015.00 Item Total; $3,015.00 PERMITS - PERMITS Tran Ref Nbr; 150840102 0041 0051 Trans/Rcpt#; ROI07872 SET #; SDP15005 Amount: 1 @ $4,467.00 Item Subtotal; $4,467,00 Item Total: $4,467.00 5 ITEM(S) TOTAL: $14,062,72 Check (Chk# 002008) $13,987.75 Check (Chk# 002009) $74.97 Total Received: $14,062.72 Have a nice day! City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: PROPHET STEVE Description SDP15005 165 PINE AV CBAD Amount 4,467.00 Receipt Number: R0107872 Transaction Date: 03/25/2015 Transaction ID: R0107872 Pay Type Method Payment Check Description Amount 4,467.00 Transaction Amount: 4,467.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: PROPHET STEVE Description PUD15005 165 PINE AV CBAD Amount 3,015.00 Receipt Number: R0107871 Transaction Date: 03/25/2015 Transaction ID: R0107871 Pay Type Method Payment Check Description Amount 3,015.00 Transaction Amount: 3,015.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: PROPHET STEVE Description MS150003 165 PINE AV CBAD Amount 3,804.00 Receipt Number: R0107870 Transaction Date: 03/25/2015 Transaction ID: R0107870 Pay Type Method Description Amount Payment Check 3,804.00 Transaction Amount: 3,804.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: PROPHET STEVE Description CDP15010 165 PINE AV CBAD Amount 2,025.72 Receipt Number: R0107869 Transaction Date: 03/25/2015 Transaction ID: R0107869 Pay Type Method Description Amount Payment Check 2,025.72 Transaction Amount: 2,025.72 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: PROPHET STEVE Description AV150003 165 PINE AV CBAD Amount 751.00 Receipt Number: R0107868 Transaction Date: 03/25/2015 Transaction ID: R0107868 Pay Type Method Description Amount Payment Check 751.00 Transaction Amount: 751.00 FItE Ccityof Carlsbad NOTICE OF FINAL AaiON COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COiyilVIISSION VIA CERTIFIED MAIL ON August 17. 2015 Application*: PUD 15-05/ SDP 15-05/ CDP 15-10/IVIS 15- Decision Date: August5. 2015 03/AV 15-03 Agent (if different): Steve Prophet Case Name: 165 Pine Avenue Address: 300 Carlsbad Village Drive, Suite 108A-349. Applicant: Ronald Rasak Carlsbad. CA 92008 Address: 3778 Avenida Callada, Calabasas. CA 91302 Phone: (760) 468-7063 Phone: (818)438-8800 Project Description: The demolition of two existing sinele-familv homes and the development ofa two-family, residential air- space condominium proiect. Project Location: 165 Pine Avenue, Carisbad. CA 92008 ACTION: • APPROVED ^ APPROVED WITH CONDITIONS • DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COIVIIVIISSION APPEAL STATUS: 13 NOT APPEALABLE TO THE COASTAL COMMiSSION. • APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108- 4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought Is governed by Code of Civil Procedures, Section 1094.6, which hasbeen made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) 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 a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days 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 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Caiifornia 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carisbad, CA 92008 I 760-602-4600 I 760-602-8560 fax CerUli^l Ma Extra pf rvic J f'» i-ee: (chi ki OK, BCJO |5f(BrTin RB' lipt 'iiaitiv;opy) S ClRalmn Re' 'tiot i^ loci onlC' S C]Cettiiled ^'• lil R'-Citric^ed D' liV'.-ry $ • Adu t Sign <:cr9 Required $ [2] Adii!t sign icura Restnctecl Delivery S c 1 "I M: : I r website at www.usps.com AL IJSE Postagi. Total Postage and Fees Sent To 'S¥eeiar CALIFORNIA COASTAL COMMISSION SUITE 103 cityTst^ 7575 METROPOLITAN DRIVE IHHBcAM nicr:n PA q9inR-44n7 SENDER: COMPLETE THIS Complete items 1, 2, and 3. Print your name and address on the reverse so that we can retum the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON r A. Sigjj^ti X Received • Agent • Addressee B. Rpqelved'by (P/7n(eclNameJ C. Date of Delivery ^//^ 1. Article Addressed to: CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 9590 9403 0442 5169 5564 42 D. Is delivery address different from Item 1 ? O Yes If YES, enter delivery address below: Q No 2. Article Number (Transfer from seivice label) 7015 DbMO DODb •'ISH 6663 PS Form 3811, April 2015 PSN 7530-02-000-9053 3. Service Type • Adult Signatute • Aduit Signature Restricted Delivery 0 Certified Mall® • Certified Mail Restricted Delivery • Collect on Delivery • Collect on Delivery Restricted Delhrery Mail \^all Restricted Delivery !21 D Priority Mall Express® • Registered Mail™ • Registered Mail Restricted Delivery • Retum Receipt for Merchandise • Signature Confirmation™ • Signature Confirmation Restricted Delivery Domestic Return Receipt mi UNITED g^^B6^L-SS?Vfci First-Class IVIail Postage & Fees Paid USPS Permit No. G-10 ao L • Sender: Please print your name, address, and ZIP+4® in this box" CITYOF CARLSBAD PLANNING DIVISION 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 USPS TRACKING* ^S^D =iM03 OWM ,VJ'''iyi';WWM'/'/"////''^/l U.S. Postal Service]! C|Ff IFIEI iy(A' DokieSc Moll cMly _ i L :: J ...LJI Extra 5^ervfce;j & Fees (chi rk hox, acid HfSlNrn R(i'.'»ipt (liardcopyi $ « ORetiirn Ror,nipt (eloctroniC) S . • C-ef :i)i9d Hestncled t'^livery $ _ Q Adult Sign:ii:ure Required $.. • Adult Signriture Restricted Delivery S . Postage Total Posta^ ar^Fees RECEIPT •I»5i2tmart< J •I»5i2tmart< J •I»5i2tmart< J •I»5i2tmart< J •I»5i2tmart< J •I»5i2tmart< J •I»5i2tmart< J •I»5i2tmart< J ALIFORNIA COASTAL COMMISSION" Senl 7 ^5^,^-,,-,-, SUITE 103 7575 METROPOLITAN DRIVE 'CSiy.'Stal SAN DIEGO CA 92108-4402 PS Form 3800, April 2015 PSN 753o-02-0oo-9047 See Reverse for Instructions SENDEfl: COIVIPLETE THIS ' -TION COMPLETE THIS SFCTION ON 'VERV Complete items 1, 2, and 3.^^ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. • Agent • Addressee B. RecLve^rbvJPrinted Name) J C. Dateof Delvery . Is deliverv address different from item 1 ?/ • Yes 1. Article Addressed to; CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 D. Is delivery address different from item 1 ?/ if YES, enter delivery address below: • No ^siD ^^D], QD3a son M73S to 2. Article Number (Transfer from service label) 701S DbMD DDDt. DTS4 flTBM PS Form 3811, April 2015 PSN 7530-02-000-9053 3. Service Type • Adult Signature • Adult Signature Restricted Delivery *a Certified Mail® • Certified Mail Restricted Delivery • Collect on Delivery • Collect on Delivery Restricted Delivery n Insured Mail vlail Restricted Delivery • Priority Mail Express® • Registered MaiF" n Registered Mail Restricted Delivery • Return Receipt for Merchandise • Signature Confirnnation^' • Signature Confirmation Restricted Delivery Domestic Return Receipt _P6|T/y4, SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please ^'^'^ PLANNING DIVISION 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 USPSTHACKiNG# II '/;';i)//'l''/'';'i)i';"l"/)''/'l/'"////;"'l'»///"' I I -I.J DU I U.S. Postal Service! CERTIFIEI) ^RECEIPT DoWjesm Main r website at www.usps.com ' Extra &ervlce;r& Fetas (cht^^.-ki-'ox, asafeea; appropriate) • Return Ro nipt (haiticopy) S _.2 • Return Reottipt (eloctranlc) $ O Certified Mi'il Restricted Dnlivery $ O'^diilt Sign.'tura Required 3 • Adiilt Sfgiviture Restricted Delivery S Postage Total F>ostag6 and Fees Sent To Stmerand. SUITE 103 ciiyrst^ 7575 METROPOLITAN DRIVE .III _ SAN DIEGO CA 92108-4402 CALIFORNIA COASTAL COlVIMISSION SENDER: COMPLETE THIS I Complete items 1, 2, and I. Print your name and address on the reverse so that we can return the card to you. I Attach this card to the bacl< of the mailpiece, or on the front if space permits. 1. Article Addressed to: CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 ^S^D IMDI QD32 SD71 M73S IS Article Number (Transfer from service label) 7015 Qh^Q DDDt DTSH COMPLETE THIS SECT.'CV ON r-' A. Signature • Agent • Addressee B. Received bv (Printed Name) C. Date of Delivery imf? D. Is delivery address different from item i ? If YES, enter delivery address below: • Yes • No 3. Service Type • Adult Signature • Adult Signature Restricted Delivery a^ertified Mail® • Certified Mail Restricted Delivery • Collect on Delivery • Collect on Delivery Restricted Delivery AaW fi 7 4 b ^ail Restricted Delivery • - --- ^-JQ) • Priority Mail Express® • Registered Mair" • Registered Mail Restricted Delivery • Return Receipt for Merchandise • Signature Confirmation^' • Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt UNITED ST/||^p%l • 22 'ts First-Class IVIail • Postage & Fees Paid USPS Permit No. G-10 PM 2 1 • Sender: Please print your name, address, and ZIP+4® in this box* CITY OF CARLSBAD PLANNING DIVISION 1635 FARADAY AVENUE CARLSBAD, OA 92008-7314 ..^.^^ llSPSTRACKiNG# jipij 'iSIO moi DD3g SQ71M73S 15 li''''h''')'l''i''"''llili'illiiii PROOF OF PUBLICATION (2010&2014i^.QI?3j,Hsbad STATE OF CALIFORNIA County of San Diego •Ha.'initig DIvisif.in I am a citizen of the United States and a resident ol" 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 The San Diego Union Tribune Formerly known as the North County Times and UT Nortih County and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, 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: July 24'^ 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 24av, of July 2015 Jane Allshouse The San Diego Union Tribune Legal Advertising N PUBUC HEARINC „ EN to ywJ. becayss y«ur in. jJTOV t*« cffecMmat IIm Piamins t:ommi«si6n or the City of Corlsbad will tioid a pubric tKrarino at the tfifi FariKirly AdminlstroRon Bwtwins, U3S Faraday : riasriay. August 5.3Srs, lo conslcisr th« (oi lowlis; ;I!CUP DI.lixKB) - UPORT SCHOOLS Rcquost for on omcnsmont to CoMitlonal Uso Permit CUP Ill-IM (« lo broqd-on th« approved slwiont occommodotion* frarfj srqdes one :mrouah six. to tbrae years old throuati sixth grade for file ;»ont«5son Arts ani ScietKos Sciiool located of 5ow Hiotilona : Drive In Locol Facilities iWamaemotil Zone 1. Tlw Cify pTotmcr Mips determined thai tti© proiect belonos to g doas of proiects . tnat file itote Secretory of Resources hos fyuiid Uo nol have a i Eisnjficont impqct on tlie envirorlmenr, and Is ttierefore cotedo--incoity exempt from file nKtuiremenf (or ttie i/mparation of envi. I ronmeniot OQCurnenfs pursuant to Section 15W1 (b) (3). |2) CDP ii it<R) ~ JA<»UftK LAND ROVER"CARLSBAD - Re-: quest for qpprovQi Pt tt coastal DeveropniHil Permit Amend-ment 10 allow for Q tenont improvement to create g 998 sQuare *oor secor»3 floor wjtnm the existing buiMina stieTf consisting ofo sales oitice resiroom, ond,two exit stolrs iti Jhe .Mello tt Sea-mmt of the Cify's Cocifitat Zcm iocQjMI'at 5550 Paseo Det Norfo within Locol Facilities Manosemenf Zone 3. The project site is rot wiTPin mo opeeaiable area of tfie Cfllffornia Coostal Com-mission. Tm City Ptonner has^termirad ttmt oroiect tx~ lonss to a class of proiects the Strtte Secr«l»ry for Resour-ces fica found tioes npt have a slsnifictjnt Impact on tlje envtran-ment, QUO tt is ifjeroforp ctiteeoricody exempt from the reqiiir*-ment for iha prcporation of environmfirito rtocurmnts pursuant 0 Section lS30Ke) ExistStio Focilities ^ tU^to^^ GS- 3) CT HOS/PUD mfeCOP 14-S7-MAONOLfA TOWNHOMES -Request tor' ciaoroval of a Tenfotfvc Tract iVlao, Planned Devel-opmiinl Permit, and Coastal Develcprmrrt Pormit to demott^ existing sin^te-fomiiv ytructure* ond develop a itrum mvUI-family reaidontiol condominfum nrpiect on o ocre infMl siliff genercillv Iccotijci onthe soijtfi side ptMaartolia AvwiUt*/w«st of Jef^rson Streat. within tii» MeMo U seainent ol ttis Local Coosr-ol Proarani and m Locnf Fucittties Manaaemenl Zone t. Tlie mo}cc> (5 not witiiin the oppetiluUle wm of iho California Coast-til ConiniissioTi. Ttie Cily Planner h«s detenninecl that This proi-act is ejieniai h om tho rtquiremenls of the Catifornia Environ-mental Quality Act (CEQA) puisjun! to SwctToO 13332 ftn-FHI Devetopi-nerit Pioiei;)5'- wf ttw Slqto CEQA Guidelines-and wfli not (Kive msr «dv«rb« siynfficont IrrwKtct OTI tt)8environment. •1 C \ PUO 13^(AS/PI RAHCH PLAmmO AREA 3 4.* tenrijpatlon that The oroiect Is within the scope of the oreviousty certified ISotiertson Ranch Master .Plan Environmenlai -fmnact •• R«ocrt (EIR 03-03) and sot>8eauent MtJoated fleodtlve Dectora-tion ar-d n request for npprovo! of Sfnote^family home floor plans arid urchftectural etevotions. pfottitjg tor ths sinofeifamHv lots, daslon of neiohborhood pmitsi within PlOnnino Areas 3, & amt W, tmti the flaor aim, anhMcHsrai elevations, and site plan for the Ptannino Area 4 Wesi Viilooe commur^ty recreation fa-cility located soufh nf Tamarack AvepMe. east Of ElCamino R»-ti\ anri north of Cannon Road in Local Focltities Monatwrniant ZonoW. 5) PUD is-avsDP la-os/cDp wwm is-ea/AV isnoa - m PINE AVENUE - Requost for approval Qf o. Planned-Deveiopment Permit, Site Development Plan, Coastal Devetwnent Pwmit, lentative f^orcei MOP ond Minor Vqriancet to demoiish two ex-istins stnaie-famflY Homes aid to dttovit the oevetopment ot a two-wmiiy- resitfentiat oir-space a>rfdominium proiect on a D.vi ctcro fnfitf stte locatea ot tsi pfne Avenoe, witfiin tho Mtf lo t) sesmwii Of the Local coostqi Pr«aram' and Locoi Focmties. Monaeenienl lone J. Jh» protect site is not within tfte oMeqiahle ciren ot the Caiitornia Coastal Commission. The Ci)y Planner has determined fliat this proiecf is exempf from the re-^'ySfl'??"'^ °* .*^'^„C^!'^'"''U3. fcnvironmwtai fiialfty Act (CEQA} pursuant to Section 15332 "In^Fiil Devetwrnienf ProiB<a-3" of fhe State CEQA Guioeitnes ond wilt not have anv odverse. siptilficafitiwactDntheenvironnient. ^ !f you choilsnga these proiects in court, you mov tfmited to raisins oniy those issues you or someone etse raised at the pub-lic ht'arinst described in this notice or in written corrospondenco dftiverod to the Cify of CarJstmri of or prior to tho pybilc hoor-im, Ci>plea cf (he env [ronf iieitiul documents are avaflable of ftffi Pfumiiity Division of idJS Paradoy Avenue durina resiuiQ'' busi-"'-'^J'^"''^ ^r^'^i.-^o 'P.fo 5:30 pm Mondoy throuah TTiursdoy ond 8:00 am to 3:00 pm Frtdov. •rno^ persons wishing lo speoK on these proposals are cordiolty j irivftea to cfttend the public heqrfns. Copies &t tfte stotf reporb wif be avoita&ie oniine at h11p;//carlsbad.armim.cm/V^wP '^^i^^t f^'^ose call tPe PfSnnlnS^I- *''"^I°^'"'^"H^:^*iL^^'^''^'^^^VISiOI^ .puts: 7/24/15 FILt Ccityof Carlsbad REVISED NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the FARADAY ADMINISTRATION BUILDING. 1635 FARADAY AVENUE. ROOM 173. Carlsbad, California, at 6:00 p.m. on Wednesday, August 5, 2015, to consider a request for the following: CASE NAME: PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03/AV 15-03 - 165 PINE AVENUE PUBLISH DATE: July 24, 2015 DESCRIPTION: Request for approval of a Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance to demolish two existing single-family homes and to allow the development of a two-family, residential air-space condominium project on a 0.12 acre infill site located at 165 Pine Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area ofthe California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Those persons wishing to speal< on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at (760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. Ifyou challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. • Coastal Commission Appealable Project: • This site is located within the Coastal Zone Appealable Area. ^ This site is not located within the Coastal Zone Appealable Area. • Application deemed complete: April 23, 2015 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION Community & Economic Development Planning Division 1635 FaradayAvenue ! Carlsbad, CA92008 I 760-602-4600 I 760-602-8560fax SITEMAP A/ NOT TO SCALE 165 Pine Avenue PUD 15-05/SDP 15-05 CDP 15-10 / MS 15-03 / AV 15-03 ^fyjerf'^^ate 516Q®/8160™ Use Avery® Template 5160® IRAMMY LLC 3778 AVENIDA CALLADA CALABASAS CA 91302 !; _ , Fem Paper l^^^jFeed Paper • expose MADFILLC 162 S RANCHO SANTA FE RD #B85 ENCINITAS CA 92024 S C HOTEL LLC 42 CORPORATE PARK #200 IRVINE CA 92606 WILLIAM M KORN 3177 LINCOLN ST #F CARLSBAD CA 92008 ROBERT B & ELIZABETH A HOLMSTROM 18212 NW 67THAVE RIDGEFIELD WA 98642 S S A 1988 TRUST 05-31-88 218 PINE AVE #AVEA CARLSBAD CA 92008 WARD FAMILY TRUST 01-20-89 945 S ORANGE GROVE BLVD #D PASADENA CA 91105 FIVE Z NORTH LLC 1579 HIKERS TRAIL DR CHULA VISTACA 91915 UNIVERSE AT SEA BREEZE L P ATTNiHENRY MANOUCHERI 1875 CENTURY PARKE #1800 LOS ANGELES CA 90067 THOMAS M FUNKE 3100 OCEAN ST CARLSBAD CA 92008 CARLSBAD INN LTD P O BOX 4068 CARLSBADCA 92018 CARLSBAD BEACH HOTEL PROPERTIES LLC C/O PETER DAVIS 10455 PACIFIC CENTER CT SAN DIEGO CA 92121 BENSON K BOREYKO 1621 W RIO SALADO PKWY TEMPE AZ 85281 CARLSBAD BLVD SQUIRREL RENTAL LLC C/O BARRY BLUE 2950 OCEAN ST CARLSBAD CA 92008 DODSON DOUGLAS A LIFE TRUST 01-13-11 P O BOX 2569 CARLSBADCA 92018 CRAIG BARBAFiA C TRUST 10-08- 99 300 CARLSBAD VILLAGE DR #108A-363 CARLSBAD CA 92008 CARLSBAD INN L L C C/O GRAND PACIFIC RESORT SERV 5900 PASTEUR CT #200 CARLSBAD CA 92008 FORESTER FAMILY REV TRUST C/O JOHN AND JULIE FORESTER 300 CARLSBAD VILLAGE DR #108A-335 CARLSBAD CA 92008 CARLSBAD INN VACATION CONDOMINIUM OWNERS ASSN C/O GRAND PACIFIC PALISADES 5900 PASTEUR CT #200 CARLSBAD CA 92008 DEBOER REVOCABLE LIVING SURVIVORS TRUST 05-08-07 1900 MORNING ROSE DR BAKERSFIELD CA 93312 DENNIS R & JEAN A BAUERN 3149 COACHMAN CT OCEANSIDE CA 92056 JOHNSON DOROTHY K TRUST 04-19-01 3140 LINCOLN ST CARLSBAD CA 92008 D L N N PROPERTIES LLC 10772 E YEARLING DR SCOTTSDALE AZ 85255 BLUE OCEAN DREAMS LLC JL KEMENG UTARA NORTH #448 JAKARTA SELATAN INDIA 273000 BEAVER REVOCABLE TRUST 07- 17-06 6075 W TROVITA PL CHANDLER AZ 85226 OCEAN MIST LLC 337 OAK AVE CARLSBAD CA 92008 OCEAN MIST 337 0/ :f BAD CA 92008 GOLDMAN GLENN L FAMILY TRUST 08-10-01 C/O CHAMBERLAIN PRO MGMT CO 2653 ROOSEVELT ST #D CARLSBAD CA 92008 SAN KATRINA LLC 7136 VISTA DEL MAR AVE LA JOLLA CA 92037 V rMitmitefiAmtmipvii^ LINCOLN & OAK LLC P 0 BOX 356 SOLANA BEACH CA 92075 mwmmmeifiismi I i easfveerKiaam' B««psiai e]$tf^P(~ DAVID MAGGS 3122 LINCOLN ST CARLSBAD CA 92008 WADE FAMILY REVOCABLE TRUST 07-26-91 3120 LINCOLN ST CARLSBAD CA 92008 ALBERTS JAMES & AMY REVOCABLE TRUST 06-10-13 15221 20THCIRSE MILL CREEK WA 98012 KAUPP-WARNER FAMILY TRUST 11-01-10 30175 VIA DELA MESA TEMECULA CA 92591 RUSSELL L BENNETT P O BOX 356 SOLANA BEACH CA 92075 ELAD SHASHO ENTERPRISES LLC 1805 GRAND AVE SAN DIEGO CA 92109 FIECHTER REAL ESTATE TRUST 08-01-86 33945 RUSTRIDGEST TEMECULA CA 92592 HENKINS ANTHONY R LIVING TRUST 02-16-10 438 TAMARACK AVE CARLSBAD CA 92008 FRENCH CLARENCE L & JEAN R FAMILY TRUST 10-14-82 154 SYCAMORE AVE 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SEPARATE PROPERTY TRUST 06-27-05 1370 W ISLAND CIR CHANDLER AZ 85248 KAPUT FAMILY LIVING TRUST 08- 26-02 2104 KIRKCALDY RD FALLBROOK CA 92028 NASSAR THREE LP C/O SAMI NASSAR 2302 W SPRUCE AVE FRESNO CA 93711 AMMON FAMILY REVOCABLE TRUST 01-24-90 4070 SUNNYHILL DR CARLSBAD CA 92008 RUSSO FAMILY TRUST 04-02-13 3245 GARFIELD ST CARLSBAD CA 92008 SUNBIRD HOLDINGS LLC C/O DISTINCTIVE PROPERTIES 445 MARINE VIEW AVE #300 DEL MAR CA 92014 GRUBBS REVOCABLE LIVING TRUST 02-12-99 3257 GARFIELD ST CARLSBAD CA 92008 JUlHise«d«al9lMioA«VRirf%9M0<^8i6O" ii 1 easyKeei^Laoeis' 78160™ ANDREW & LAURA REYER 1155 HOOVER ST CARLSBAD CA 92008 Bi<f)a%Riflia9iMe«o •; e«jS895*8pt5piE*^" DANIEL K & RONLY L SCHLENK 3267 GARFIELD ST CARLSBAD CA 92008 180-190 WALNUT PROPERTIES L LC 1641 AMANTE CT CARLSBAD CA 92011 WILLIAM C & HAVENS-GALER KAY K GALER 79 CHISWICK GREEN STUDIOS 1 EVERSHED WALK CHISWICK LONDON UK W4 5BW r MICHAEL A & DENISE J SOUZA 873 UPLAND RD REDWOOD CITY CA 94062 JOSEPH C & WILSON JANET L BURBA 168 WALNUT AVE CARLSBAD CA 92008 CHRISTOPHER A J WARD 504 FORTUNA AVE VISTA CA 92084 JOSEPH P & SYLVIA M MARTINEZ 1971 PADDING RIVER RD CHULA VISTACA 91913 HARTMAN KAREN J TRUST 07- 27-05 5791 PRICE DR HUNTINGTON BEACH CA 92649 ROBERT W & JEAN M OHARE 5289 E RURAL RIDGE CIR ANAHEIM CA 92807 SMITH FAMILY TRUST 10-12-01 7172 AVIARA DR CARLSBADCA 92011 TAMARACK BEACH RESORT 3200 CARLSBAD BLVD CARLSBAD CA 92008 VOERTMAN FAMILY TRUST 09- 27-93 3341 TERRACE LN OCEANSIDE CA 92056 WALNUT BEACH TOWNHOMES L LC POBOX 12508 SAN DIEGO CA 92112 WILLIAM A & LOIS A SONNEMAN 1416 PARUST ALAMEDA CA 94501 JAMES A WATSON P O BOX 1426 CARLSBAD CA 92018 DORAN REVOCABLE TRUST 03- 09-94 3288 GARFIELD ST CARLSBAD CA 92008 YVETTE I TAUZIN 251 S BEDFORD DR BEVERLY HILLS CA 90212 KENNETH I & JULIE A DAVIES 3267 LINCOLN ST CARLSBAD CA 92008 JAMES A DEMOTT 3259 LINCOLN ST CARLSBAD CA 92008 235 PINE AVENUE L L C 734 WILSHIRE RD OCEANSIDE CA 92057 HARRY M & SHARON E MELLANO C/O MELLANO&COMPANY P O BOX 100 SAN LUIS REY CA 92068 PAT & JUDY H ENTEZARI 4377 TOULUMNE PL CARLSBADCA 92010 NAYUDU TRUST 05-05-10 320 WALNUT AVE CARLSBAD CA 92008 POTTER MARGARET I TRUST 03- 28-13 856 SEABRIGHT LN SOLANA BEACH CA 92075 PHILLIP POWELL 317 PINE AVE #101 CARLSBAD CA 92008 GORDON SILLIKER 317 PINE AVE #102 CARLSBAD CA 92008 PRISCILLA L DENBY 3154 AVENIDA OLMEDA CARLSBAD CA 92009 PAUL B & ROCHELLE K BROWN 317 PINE AVE #104 CARLSBAD CA 92008 NORMAN J & GABRIELA F SHARPLES 317 PINE AVE #105 CARLSBAD CA 92008 1:1 SSsRslde cliliBrgBmetit Repiiez h ia hachure afin d« } j 1 cci»y reei;^ bduen _ EDGAR J & MONA C PFOHL 1011 INVERNESS MAIN ST #432 ENGLEWOOD CO 80112 jnnnitni ELIZABETH S DANZIG 317 PINE AVE #202 CARLSBAD CA 92008 JENNY DIBBLE 322 ISLAND AVE NEWPORT BEACH CA 92661 T I ANGELO & ANDREA RIVERS 19834 W MINNEZONA AVE LITCHFIELD PKAZ 85340 JACLYN HUBER 317 PINE AVE #205 CARLSBAD CA 92008 DAVID WOLFSON 6717 LONICERA ST CARLSBADCA 92011 DCWTRUST 12-01-04 6717 LONICERA ST CARLSBADCA 92011 NANCY ANDERSON 8109 SANTALUZ VILLAGE GREEN S SAN DIEGO CA 92127 COLLISON RICHARD D REVOCABLE TRUST 05-07-91 1301 S MANZANITA HILL RD PRESCOTT AZ 86303 CYPRESS COVE APTS L P 1322 SCOTT ST #204 SAN DIEGO CA 92106 FRANK A & SUSAN C FERENCZ 4620 ALDER AVE YORBA LINDA CA 92886 ERIC L & DARLENE L FINK 347 PINE AVE CARLSBAD CA 92008 SACA TRUST 08-24-07 345 PINE AVE CARLSBAD CA 92008 SCHULTE FAMILY TRUST 06-03- 11 7386 ESCALLONIA CT CARLSBADCA 92011 DENNIS E & STACEY L BOYER 14149 HILLDALERD VALLEY CENTER CA 92082 QUINN A KREKORIAN 6521 ARTEMIS LN WEST LINN OR 97068 LUCKHAM FAMILY TRUST 07-18- 94 P O BOX 27449 SAN DIEGO CA 92198 DANA K GRACE 335 PINE AVE CARLSBAD CA 92008 MICHAEL T & UNGERMANN- MARSHALL MARY S MARSHALL 5256 PIZZO RANCH RD LA CANADA CA 91011 SANDCASTLE SHORES APTS L P 1322 SCOTT ST #204 SAN DIEGO CA 92106 11 11 'i sSflUVde rKhargemant 1 78160™ OCCUPANT 218 Pine Ave #A Carlsbad CA 92008 o i M 1^ OCCUPANT 218 Pine Ave #B Carlsbad CA 92008 OCCUPANT 218 Pine Ave #C Carlsbad CA 92008 OCCUPANT 3180 Carlsbad Blvd Carlsbad CA 92008 OCCUPANT 165 Pine Ave Carlsbad CA 92008 OCCUPANT 175 Pine Ave Carlsbad CA 92008 OCCUPANT 3217 Garfield St Carlsbad CA 92008 OCCUPANT 3235 Garfield St Carlsbad CA 92008 OCCUPANT 3245 Garfield St Carlsbad CA 92008 OCCUPANT 235 Pine Ave# A Carlsbad CA 92008 OCCUPANT 235 Pine Ave# B Carlsbad CA 92008 OCCUPANT 235 Pine Ave# C Carlsbad CA 92008 OCCUPANT 235 Pine Ave# D Carlsbad CA 92008 OCCUPANT 235 Pine Ave# E Carlsbad CA 92008 OCCUPANT 235 Pine Ave# F Carlsbad CA 92008 OCCUPANT 235 Pine Ave# G Carlsbad CA 92008 OCCUPANT 235 Pine Ave# H Carlsbad CA 92008 OCCUPANT 235 Pine Ave# I Carlsbad CA 92008 OCCUPANT 235 Pine Ave# J Carlsbad CA 92008 OCCUPANT 235 Pine Ave# K Carlsbad CA 92008 OCCUPANT 235 Pine Ave# L Carlsbad CA 92008 OCCUPANT 235 Pine Ave# M Carlsbad CA 92008 OCCUPANT 235 Pine Ave# N Carlsbad CA 92008 OCCUPANT 235 Pine Ave# O Carlsbad CA 92008 OCCUPANT" 235 Pine Ave# P Carlsbad CA 92008 OCCUPANT 235 Pine Ave# Q Carlsbad CA 92008 OCCUPANT 235 Pine Ave# R Carlsbad CA 92008 OCCUPANT 235 Pine Ave# S Carlsbad CA 92008 OCCUPANT 235 Pine Ave# T Carlsbad CA 92008 OCCUPANT 235 Pine Ave# U Carlsbad CA 92008 l«ftW9etelgi^idrari4YUHE1(?<§ Sae@9^160" ridtavgcmcnt ll«pll« il la hachure ailn 4e 11 i Easyi'eei'^Laoeiff 78160™ OCCUPANT 235 Pine Ave# V Carlsbad CA 92008 OCCUPANT 235 Pine Ave#W Carlsbad CA 92008 OCCUPANT 235 PineAve#X Carlsbad CA 92008 OCCUPANT 235 PineAve#Y Carlsbad CA 92008 A notice has been mailed to all property owners/occupants listed herein.! , Dflte: ifz^ir Signature: JtiliHiseld«#aiHiti«O0(BinEf<%sae§?bl 60" SSoudde rUMrgement i Ccityof Carlsbad NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 5,2015, to consider a request for the following: CASE NAME: PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03/AV 15-03 - 165 PINE AVENUE PUBLISH DATE: July 20, 2015 DESCRIPTION: Request for approval of a Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance to demolish two existing single-family homes and to allow the development of a two-family, residential air-space condominium project on a 0.12 acre infill site located at 165 Pine Avenue, within the Mello II Segment ofthe Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" ofthe State CEQA Guidelines and will not have any adverse significant impact on the environment. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at (760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. • Coastal Commission Appealable Project: • This site is located within the Coastal Zone Appealable Area. ^ This site is not located within the Coastal Zone Appealable Area. • Application deemed complete: April 23, 2015 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax NOT TO SCALE SITE MAP 165 Pine Avenue PUD 15-05/SDP 15-05 CDP 15-10 / MS 15-03 / AV 15-03 easy reel" uaoeis Use Avery® Template 5160®/8160™ Feed Paper Bend along line to expose Pop-up Edge™ AVERY® 6240TM 1 i RAMMY LLC 3778 AVENIDA CALLADA CALABASAS CA 91302 MADFILLC 162 S RANCHO SANTA FE RD #B85 ENCINITAS CA 92024 S C HOTEL LLC 42 CORPORATE PARK #200 IRVINE CA 92606 WILLIAM M KORN 3177 LINCOLN ST #F CARLSBAD CA 92008 ROBERT B & ELIZABETH A HOLMSTROM 18212 NW 67THAVE RIDGEFIELD WA 98642 S S A 1988 TRUST 05-31-88 218 PINE AVE #AVEA CARLSBAD CA 92008 WARD FAMILY TRUST 01-20-89 945 S ORANGE GROVE BLVD #D PASADENA CA 91105 FIVE Z NORTH LLC 1579 HIKERS TRAIL DR CHULA VISTACA 91915 UNIVERSE AT SEA BREEZE L P ATTNIHENRY MANOUCHERI 1875 CENTURY PARKE #1800 LOS ANGELES CA 90067 THOMAS M FUNKE 3100 OCEAN ST CARLSBAD CA 92008 CARLSBAD INN LTD P O BOX 4068 CARLSBAD CA 92018 CARLSBAD BEACH HOTEL PROPERTIES LLC C/O PETER DAVIS 10455 PACIFIC CENTER CT SAN DIEGO CA 92121 BENSON K BOREYKO 1621 W RIO SALADO PKWY TEMPE AZ 85281 CARLSBAD BLVD SQUIRREL RENTAL LLC C/O BARRY BLUE 2950 OCEAN ST CARLSBAD CA 92008 DODSON DOUGLAS A LIFE TRUST 01-13-11 P O BOX 2569 CARLSBAD CA 92018 CRAIG BARBARA C TRUST 10-08- 99 300 CARLSBAD VILLAGE DR #108A-363 CARLSBAD CA 92008 CARLSBAD INN L L C C/O GRAND PACIFIC RESORT SERV 5900 PASTEUR CT #200 CARLSBAD CA 92008 JOHNSON DOROTHY K TRUST 04-19-01 3140 LINCOLN ST CARLSBAD CA 92008 FORESTER FAMILY REV TRUST C/O JOHN AND JULIE FORESTER 300 CARLSBAD VILLAGE DR #108A-335 CARLSBAD CA 92008 CARLSBAD INN VACATION CONDOMINIUM OWNERS ASSN C/O GRAND PACIFIC PALISADES 5900 PASTEUR CT #200 CARLSBAD CA 92008 D L N N PROPERTIES LLC 10772 E YEARLING DR SCOTTSDALE AZ 85255 DEBOER REVOCABLE LIVING SURVIVORS TRUST 05-08-07 1900 MORNING ROSE DR BAKERSFIELD CA 93312 DENNIS R & JEAN A BAUERN 3149 COACHMAN CT OCEANSIDE CA 92056 BLUE OCEAN DREAMS LLC JL KEMENG UTARA NORTH #44B JAKARTA SELATAN INDIA 273000 BEAVER REVOCABLE TRUST 07- 17-06 6075 W TROVITA PL CHANDLER AZ 85226 OCEAN MIST LLC 337 OAK AVE CARLSBAD CA 92008 OCEAN MIST LJ 337 0/ :§BAD CA 92008 GOLDMAN GLENN L FAMILY TRUST 08-10-01 C/O CHAMBERLAIN PRO MGMT CO 2653 ROOSEVELT ST #D CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®/8160"' SAN KATRINA LLC 7136 VISTA DEL MAR AVE LA JOLLA CA 92037 Sens de chargement Repiiez a la hachure afin de | reveler le rebord Pop-up*"^ ^ LINCOLN & OAK LLC P O BOX 356 SOLANA BEACH CA 92075 www.avery.com 1-800-GO-AVERY I 1 easy reel"" Laoeis Use Avery® Template 5160®/8160™ Feed Paper Bend along line to expose Pop-up Edge^" AVERY® 6240™ DAVID MAGGS 3122 LINCOLN ST CARLSBAD CA 92008 WADE FAMILY REVOCABLE TRUST 07-26-91 3120 LINCOLN ST CARLSBAD CA 92008 ALBERTS JAMES & AMY REVOCABLE TRUST 06-10-13 15221 20THCIRSE MILL CREEK WA 98012 KAUPP-WARNER FAMILY TRUST 11-01-10 30175 VIA DELA MESA TEMECULA CA 92591 RUSSELL L BENNETT P O BOX 356 SOLANA BEACH CA 92075 ELAD SHASHO ENTERPRISES LLC 1805 GRAND AVE SAN DIEGO CA 92109 FIECHTER REAL ESTATE TRUST 08-01-86 33945 RUSTRIDGEST TEMECULA CA 92592 HENKINS ANTHONY R LIVING TRUST 02-16-10 438 TAMARACK AVE CARLSBAD CA 92008 FRENCH CLARENCE L & JEAN R FAMILY TRUST 10-14-82 154 SYCAMORE AVE CARLSBAD CA 92008 POMONA COLLEGE TR ATT: DANA WOOD 150E8TH ST CLAREMONT CA 91711 BASSAM & AHLAM MUSTAFA 531 ENCINITAS BLVD #201 ENCINITAS CA 92024 GREENER VICKI L LIVING TRUST 07-29-93 1460 S VILLAS CT CHANDLER AZ 85286 SMITH DEAN F III FAMILY TRUST 07-09-90 7827 N 3RD WAY PHOENIX AZ 85020 RONALD C & LISA M JACKSON 690 S AUBURN ST GRASS VALLEY CA 95945 ROBERT L & MONICA FLORA 2208 EASTBROOK RD VISTA CA 92081 JOHNSON BARBARA J TRUST 09- 25-00 149 WALNUT AVE CARLSBAD CA 92008 PIANO VINCENT J & CLAUDIA W LIVING TRUST 03-14-13 2120 E NICOLETAVE PHOENIX AZ 85020 KENNETH R & PATRICIA D GROSSMAN 580 COLLINS DR MERCED CA 95348 CAVINESS FAMILY REVOKABLE TRUST 10-30-97 3330 CARLSBAD BLVD #103 CARLSBAD CA 92008 GERBER MELVA PERSONAL RESIDENCE TRUST 05-12-03 28911 DRAKES BAY LAGUNA NIGUEL CA 92677 ROBERT N & PAULA PARSONS 3330 CARLSBAD BLVD #5 CARLSBAD CA 92008 MERHAB FAMILY TRUST 1001 EADINGTONDR BREA CA 92821 COLE REVOCABLE TRUST 06-88 3330 CARLSBAD BLVD #301 CARLSBAD CA 92008 KEILEN ELIZABETH S SEPARATE PROPERTY TRUST 06-27-05 1370 W ISLAND CIR CHANDLER AZ 85248 KAPUT FAMILY LIVING TRUST 08- 26-02 2104 KIRKCALDY RD FALLBROOK CA 92028 NASSAR THREE LP C/O SAMI NASSAR 2302 W SPRUCE AVE FRESNO CA 93711 AMMON FAMILY REVOCABLE TRUST 01-24-90 4070 SUNNYHILL DR CARLSBAD CA 92008 RUSSO FAMILY TRUST 04-02-13 3245 GARFIELD ST CARLSBAD CA 92008 SUNBIRD HOLDINGS LLC C/O DISTINCTIVE PROPERTIES 445 MARINE VIEW AVE #300 DEL MARCA 92014 GRUBBS REVOCABLE LIVING TRUST 02-12-99 3257 GARFIELD ST CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®/8160' 1 I Sens de chargement Repiiez a la hachure afin de j i rev6ler le rebord Pop-up*"^ www.avery.com 1-800-GO-AVERY I I I tasy feei'"' Laoeis Use Avery® Template 5160®/8160™ Feed Paper Bend along line to expose Pop-up Edge^" AVERY® 6240TM ANDREW & LAURA REYER 1155 HOOVER ST CARLSBAD CA 92008 DANIEL K & RONLY L SCHLENK 3267 GARFIELD ST CARLSBAD CA 92008 180-190 WALNUT PROPERTIES L LC 1641 AMANTE CT CARLSBAD CA 92011 WILLIAM C & HAVENS-GALER KAY K GALER 79 CHISWICK GREEN STUDIOS 1 EVERSHED WALK CHISWICK LONDON UK W4 5BW MICHAEL A & DENISE J SOUZA 873 UPLAND RD REDWOOD CITY CA 94062 JOSEPH C & WILSON JANET L BURBA 168 WALNUT AVE CARLSBAD CA 92008 CHRISTOPHER A J WARD 504 FORTUNA AVE VISTA CA 92084 JOSEPH P & SYLVIA M MARTINEZ 1971 PADDING RIVER RD CHULA VISTACA 91913 HARTMAN KAREN J TRUST 07- 27-05 5791 PRICE DR HUNTINGTON BEACH CA 92649 ROBERT W & JEAN M OHARE 5289 E RURAL RIDGE CIR ANAHEIM CA 92807 SMITH FAMILY TRUST 10-12-01 7172 AVIARA DR CARLSBAD CA 92011 TAMARACK BEACH RESORT 3200 CARLSBAD BLVD CARLSBAD CA 92008 VOERTMAN FAMILY TRUST 09- 27-93 3341 TERRACE LN OCEANSIDE CA 92056 WALNUT BEACH TOWNHOMES L LC POBOX 12508 SAN DIEGO CA 92112 WILLIAM A & LOIS A SONNEMAN 1416 PARUST ALAMEDA CA 94501 JAMES A WATSON POBOX 1426 CARLSBAD CA 92018 DORAN REVOCABLE TRUST 03- 09-94 3288 GARFIELD ST CARLSBAD CA 92008 YVETTE I TAUZIN 251 S BEDFORD DR BEVERLY HILLS CA 90212 KENNETH I & JULIE A DAVIES 3267 LINCOLN ST CARLSBAD CA 92008 JAMES A DEMOTT 3259 LINCOLN ST CARLSBAD CA 92008 235 PINE AVENUE LLC 734 WILSHIRE RD OCEANSIDE CA 92057 HARRY M & SHARON E MELLANO C/O MELLANO&COMPANY POBOX 100 SAN LUIS REY CA 92068 PAT & JUDY H ENTEZARI 4377 TOULUMNE PL CARLSBADCA 92010 NAYUDU TRUST 05-05-10 320 WALNUT AVE CARLSBAD CA 92008 POTTER MARGARET I TRUST 03- 28-13 856 SEABRIGHT LN SOLANA BEACH CA 92075 PHILLIP POWELL 317 PINE AVE #101 CARLSBAD CA 92008 GORDON SILLIKER 317 PINE AVE #102 CARLSBAD CA 92008 PRISCILLA L DENBY 3154 AVENIDA OLMEDA CARLSBAD CA 92009 PAUL B & ROCHELLE K BROWN 317 PINE AVE #104 CARLSBAD CA 92008 NORMAN J & GABRIELA F SHARPLES 317 PINE AVE #105 CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®/8160 IMC ^ • Sens de chargement Repiiez a la hachure afin de \ rev6ler le rebord Pop-up""- ^ www.avery.com 1-800-GO-AVERY easy reer^ Laoeis Use Avery® Template 5160®/8160™ Feed Paper Bend along line to expose Pop-up Edge^' AVERY® 6240^ EDGAR J & MONA C PFOHL 1011 INVERNESS MAIN ST #432 ENGLEWOOD CO 80112 ELIZABETH S DANZIG 317 PINE AVE #202 CARLSBAD CA 92008 JENNY DIBBLE 322 ISLAND AVE NEWPORT BEACH CA 92661 ANGELO & ANDREA RIVERS 19834 W MINNEZONA AVE LITCHFIELD PK AZ 85340 JACLYN HUBER 317 PINE AVE #205 CARLSBAD CA 92008 DAVID WOLFSON 6717 LONICERA ST CARLSBADCA 92011 DCWTRUST 12-01-04 6717 LONICERA ST CARLSBAD CA 92011 NANCY ANDERSON 8109 SANTALUZ VILLAGE GREEN S SAN DIEGO CA 92127 COLLISON RICHARD D REVOCABLE TRUST 05-07-91 1301 S MANZANITA HILL RD PRESCOTT AZ 86303 CYPRESS COVE APTS L P 1322 SCOTT ST #204 SAN DIEGO CA 92106 FRANK A & SUSAN C FERENCZ 4620 ALDER AVE YORBA LINDA CA 92886 ERIC L & DARLENE L FINK 347 PINE AVE CARLSBAD CA 92008 SACA TRUST 08-24-07 345 PINE AVE CARLSBAD CA 92008 SCHULTE FAMILY TRUST 06-03- 11 7386 ESCALLONIA CT CARLSBADCA 92011 DENNIS E & STACEY L BOYER 14149 HILLDALERD VALLEY CENTER CA 92082 QUINN A KREKORIAN 6521 ARTEMIS LN WEST LINN OR 97068 LUCKHAM FAMILY TRUST 07-18- 94 P O BOX 27449 SAN DIEGO CA 92198 DANA K GRACE 335 PINE AVE CARLSBAD CA 92008 MICHAEL T & UNGERMANN- MARSHALL MARY S MARSHALL 5256 PIZZO RANCH RD LA CANADA CA 91011 SANDCASTLE SHORES APTS L P 1322 SCOTT ST #204 SAN DIEGO CA 92106 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®/8160' 1 I ,MC I • Sens de chargement Repiiez a la hachure afin de i reveler le rebord Pop-up"' ^ www.avery.com 1-800-GO-AVERY 1 I I easy rem- Laums Use Avery® Template 5160®/8160™ Feed Paper tsena along line to expose Pop-up Edge^' AVERY® 6240™ OCCUPANT 218 Pine Ave #A Carlsbad CA 92008 OCCUPANT 218 Pine Ave #B Carlsbad CA 92008 OCCUPANT 218 Pine Ave #C Carlsbad CA 92008 OCCUPANT 3180 Carisbad Blvd Carlsbad CA 92008 OCCUPANT 165 Pine Ave Carlsbad CA 92008 OCCUPANT 175 Pine Ave Carlsbad CA 92008 OCCUPANT 3217 Garfield St Carlsbad CA 92008 OCCUPANT 3235 Garfield St Carlsbad CA 92008 OCCUPANT 3245 Garfield St Carlsbad CA 92008 OCCUPANT 235 Pine Ave# A Carlsbad CA 92008 OCCUPANT 235 Pine Ave# B Carlsbad CA 92008 OCCUPANT 235 Pine Ave# C Carlsbad CA 92008 OCCUPANT 235 Pine Ave# D Carlsbad CA 92008 OCCUPANT 235 Pine Ave# E Carlsbad CA 92008 OCCUPANT 235 Pine Ave# F Carlsbad CA 92008 OCCUPANT 235 Pine Ave# G Carlsbad CA 92008 OCCUPANT 235 Pine Ave# H Carlsbad CA 92008 OCCUPANT 235 Pine Ave# I Carlsbad CA 92008 OCCUPANT 235 Pine Ave# J Carlsbad CA 92008 OCCUPANT 235 Pine Ave# K Carlsbad CA 92008 OCCUPANT 235 Pine Ave# L Carlsbad CA 92008 OCCUPANT 235 Pine Ave# M Carlsbad CA 92008 OCCUPANT 235 Pine Ave# N Carlsbad CA 92008 OCCUPANT 235 Pine Ave# O Carlsbad CA 92008 OCCUPANT 235 Pine Ave# P Carlsbad CA 92008 OCCUPANT 235 Pine Ave# Q Carlsbad CA 92008 OCCUPANT 235 Pine Ave# R Carlsbad CA 92008 OCCUPANT 235 Pine Ave# S Carlsbad CA 92008 OCCUPANT 235 Pine Ave# T Carlsbad CA 92008 OCCUPANT 235 Pine Ave# U Carlsbad CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®/8160"' Sens de chargement Repiiez a la hachure afin de | reveler le rebord Pop-up"' I www.avery.com 1-800-GO-AVERY I il Easy Peel*" Labels | A Bend along line to AVERY® 6240T«« j Use Avery® Template 5160®/8160™ Feed Paper expose Pop-up Edge™ \^ ^ OCCUPANT OCCUPANT OCCUPANT 235 Pine Ave# V 235 Pine Ave# W 235 Pine Ave# X Carlsbad CA 92008 Carlsbad CA 92008 Carlsbad CA 92008 OCCUPANT 235 Pine Ave# Y Carlsbad CA 92008 A notice has been mailed to all property owners/occupants listed herein. i i Date: l]l.n\\^ Signature:_lJiHMl Etiquettes faciles a peler j c H Repiiez a la hachure afin de | www.avery.com j Utilisez le gabarit AVERY® 5160®/8160"'] cha?glmlnt reveler le rebord Pop-up"'] 1-800-GO-AVERY ^ ATTACHMENT "2" CERTIFICATiON OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on ~ A'S . (DATE) SIGNATURE: PRINT NAME: STJTX/^ Qf:7~ PROJECTNAME: /. ^ 5^ ^lU^. A^P. PROJECT NUMBER: -fefat^J^.=^fl^^ A-xf /S LOCATION: RETURN TO: A^r/-S (T{ ^C^IA (Planner) CITY OF CARLSBAD PLANNING DIVISION 1635 FaradayAvenue Carlsbad, CA 92008-7314 P-21 Page 4 of 6 Revised 07/10 Ccityof Carlsbad EARLY PUBLIC NOTICE PROJECT NAME: 165 Pine Avenue PROJECT NUMBER: SDP 15-05/PUD 15-05/CDP 15-10/MS 15-03/AV 15-03 This early public notice is to let you know that a development application for a Site Development Plan, Planned Development Permit, Coastal Development Permit, Tentative Parcel Map and Minor Variance project within your neighborhood has been submitted to the City of Carlsbad on March 25, 2015. The project application is undergoing its initial review by the City. LOCATION: 165 Pine Avenue, Carlsbad, CA 92008 PROJECT DESCRIPTION: The demolition of two existing single family homes and the construction of two airspace condominiums with a subterranean parking garage. The condominium project will be two stories above the parking garage and contain patios, balconies and roof decks. A minor vanance has been requested to reduce the required setback from Pine Avenue from 10' to 4'. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Chris Garcia, Assistant Planner at Chris.GarciaPcarlsbadca.gov or (760) 602-4622, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 ! 760-602-4600 I 760-602-8560 fax Easy Peel® Labels Use Avery® Template 5160®/8160™ RAMMY LLC 3778 AVENIDA CALLADA CALABASAS CA 91302 Bend along line to expose Pop-up Edge™ MADFILLC 162 S RANCHO SANTA FE RD #B85 ENCINITAS CA 92024 AVERY® 6240™ S C HOTEL LLC 42 CORPORATE PARK #200 IRVINE CA 92606 WILLIAM M KORN 3177 LINCOLN ST #F CARLSBAD CA 92008 ROBERT B & ELIZABETH A HOLMSTROM 18212 NW 67TH AVE RIDGEFIELD WA 98642 S S A 1988 TRUST 05-31-88 218 PINE AVE #AVEA CARLSBAD CA 92008 WARD FAMILY TRUST 01-20-89 945 S ORANGE GROVE BLVD #D PASADENA CA91105 FIVE Z NORTH LLC 1579 HIKERS TRAIL DR CHULA VISTACA 91915 UNIVERSE AT SEA BREEZE L P ATTNiHENRY MANOUCHERI 1875 CENTURY PARKE #1800 LOS ANGELES CA 90067 THOMAS M FUNKE 3100 OCEAN ST CARLSBAD CA 92008 CARLSBAD INN LTD P O BOX 4068 CARLSBAD CA 92018 CARLSBAD BEACH HOTEL PROPERTIES LLC C/O PETER DAVIS 10455 PACIFIC CENTER CT SAN DIEGO CA 92121 BENSON K 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CHANDLER AZ 85226 OCEAN MIST LLC 337 OAK AVE CARLSBAD CA 92008 OCEAN MIST LLC 337 OAK AVE CARLSBAD CA 92008 GOLDMAN GLENN L FAMILY TRUST 08-10-01 C/O CHAMBERLAIN PRO MGMT CO 2653 ROOSEVELT ST #D CARLSBAD CA 92008 Etiquettes faciles a peler | Utilisez le gabarit AVERY® 5160®/8160"' ] SAN KATRINA LLC 7136 VISTA DEL MAR AVE LA JOLLA CA 92037 Sens de chargement Repiiez a la hachure afin de | reveler le rebord Pop-up"' j LINCOLN & OAK LLC P O BOX 356 SOLANA BEACH CA 92075 www.avery.com 1-800-GO-AVERY E^sy Peel® Labels Use Avery® Template 5160®/8160T« DAVID MAGGS 3122 LINCOLN ST CARLSBAD CA 92008 Bend along line to expose Pop-up Edge^" WADE FAMILY REVOCABLE TRUST 07-26-91 3120 LINCOLN ST CARLSBAD CA 92008 1 m AVERY® 6240™ 1 i ALBERTS JAMES & AMY REVOCABLE TRUST 06-10-13 15221 20THCIRSE MILL CREEK WA 98012 KAUPP-WARNER FAMILY TRUST 11-01-10 30175 VIADE LA MESA TEMECULA CA 92591 RUSSELL L BENNETT P O BOX 356 SOLANA BEACH CA 92075 ELAD SHASHO ENTERPRISES LLC 1805 GRAND AVE SAN DIEGO CA 92109 FIECHTER REAL ESTATE TRUST 08-01-86 33945 RUSTRIDGEST TEMECULA CA 92592 HENKINS ANTHONY R LIVING TRUST 02-16-10 438 TAMARACK AVE CARLSBAD CA 92008 FRENCH CLARENCE L & JEAN R FAMILY TRUST 10-14-82 154 SYCAMORE AVE CARLSBAD CA 92008 POMONA COLLEGE TR ATT: DANA WOOD 150E8TH ST CLAREMONT CA 91711 BASSAM & AHLAM MUSTAFA 531 ENCINITAS BLVD #201 ENCINITAS CA 92024 GREENER VICKI L LIVING TRUST 07-29-93 1460 S VILLAS CT CHANDLER AZ 85286 SMITH DEAN F III FAMILY TRUST 07-09-90 7827 N 3RD WAY PHOENIX AZ 85020 RONALD C & LISA M JACKSON 690 S AUBURN ST GRASS VALLEY CA 95945 ROBERT L & MONICA FLORA 2208 EASTBROOK RD VISTA CA 92081 JOHNSON BARBARA J TRUST 09- 25-00 149 WALNUT AVE CARLSBAD CA 92008 PIANO VINCENT J & CLAUDIA W LIVING TRUST 03-14-13 2120 E NICOLETAVE PHOENIX AZ 85020 KENNETH R & PATRICIA D GROSSMAN 580 COLLINS DR MERCED CA 95348 CAVINESS FAMILY REVOKABLE TRUST 10-30-97 3330 CARLSBAD BLVD #103 CARLSBAD CA 92008 GERBER MELVA PERSONAL RESIDENCE TRUST 05-12-03 28911 DRAKES BAY LAGUNA NIGUEL CA 92677 ROBERT N & PAULA PARSONS 3330 CARLSBAD BLVD #5 CARLSBAD CA 92008 MERHAB FAMILY TRUST 1001 EADINGTONDR BREA CA 92821 COLE REVOCABLE TRUST 06-88 3330 CARLSBAD BLVD #301 CARLSBAD CA 92008 KEILEN ELIZABETH S SEPARATE PROPERTY TRUST 06-27-05 1370 W ISLAND CIR CHANDLER AZ 85248 KAPUT FAMILY LIVING TRUST 08- 26-02 2104 KIRKCALDY RD FALLBROOK CA 92028 NASSAR THREE LP C/O SAMI NASSAR 2302 W SPRUCE AVE FRESNO CA 93711 AMMON FAMILY REVOCABLE TRUST 01-24-90 4070 SUNNYHILL DR CARLSBAD CA 92008 RUSSO FAMILY TRUST 04-02-13 3245 GARFIELD ST CARLSBAD CA 92008 SUNBIRD HOLDINGS LLC C/O DISTINCTIVE PROPERTIES 445 MARINE VIEW AVE #300 DEL MAR CA 92014 GRUBBS REVOCABLE LIVING TRUST 02-12-99 3257 GARFIELD ST CARLSBAD CA 92008 Etiquettes faciles a peler j Utilisez le gabarit AVERY® 5160®/8160"' ] • Sens de charaement Repiiez a la hachure afin de | reveler le rebord Pop-up"' j www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ ANDREW & LAURA REYER 1155 HOOVER ST CARLSBAD CA 92008 Bend along line to expose Pop-up Edge™ j^^k DANIEL K & RONLY L SCHLENK 3267 GARFIELD ST CARLSBAD CA 92008 AVERY® 6240™ I i 180-190 WALNUT PROPERTIES L LC 1641 AMANTE CT CARLSBAD CA 92011 WILLIAM C & HAVENS-GALER KAY K GALER 79 CHISWICK GREEN STUDIOS 1 EVERSHED WALK CHISWICK LONDON UK W4 5BW MICHAEL A & DENISE J SOUZA 873 UPLAND RD REDWOOD CITY CA 94062 JOSEPH C & WILSON JANET L BURBA 168 WALNUT AVE CARLSBAD CA 92008 CHRISTOPHER A J WARD 504 FORTUNA AVE VISTA CA 92084 JOSEPH P & SYLVIA M MARTINEZ 1971 PADDING RIVER RD CHULA VISTACA 91913 HARTMAN KAREN J TRUST 07- 27-05 5791 PRICE DR HUNTINGTON BEACH CA 92649 ROBERT W & JEAN M OHARE 5289 E RURAL RIDGE CIR ANAHEIM CA 92807 SMITH FAMILY TRUST 10-12-01 7172 AVIARA DR CARLSBAD CA 92011 TAMARACK BEACH RESORT 3200 CARLSBAD BLVD CARLSBAD CA 92008 VOERTMAN FAMILY TRUST 09- 27-93 3341 TERRACE LN OCEANSIDE CA 92056 WALNUT BEACH TOWNHOMES L LC POBOX 12508 SAN DIEGO CA 92112 WILLIAM A & LOIS A SONNEMAN 1416 PARUST ALAMEDA CA 94501 JAMES A WATSON POBOX 1426 CARLSBAD CA 92018 DORAN REVOCABLE TRUST 03- 09-94 3288 GARFIELD ST CARLSBAD CA 92008 YVETTE I TAUZIN 251 S BEDFORD DR BEVERLY HILLS CA 90212 KENNETH I & JULIE A DAVIES 3267 LINCOLN ST CARLSBAD CA 92008 JAMES A DEMOTT 3259 LINCOLN ST CARLSBAD CA 92008 235 PINE AVENUE LLC 734 WILSHIRE RD OCEANSIDE CA 92057 HARRY M & SHARON E MELLANO C/O MELLANO&COMPANY POBOX 100 SAN LUIS REY CA 92068 PAT & JUDY H ENTEZARI 4377 TOULUMNE PL CARLSBAD CA 92010 NAYUDU TRUST 05-05-10 320 WALNUT AVE CARLSBAD CA 92008 POTTER MARGARET I TRUST 03- 28-13 856 SEABRIGHT LN SOLANA BEACH CA 92075 PHILLIP POWELL 317 PINE AVE #101 CARLSBAD CA 92008 GORDON SILLIKER 317 PINE AVE #102 CARLSBAD CA 92008 PRISCILLA L DENBY 3154 AVENIDA OLMEDA CARLSBAD CA 92009 PAUL B & ROCHELLE K BROWN 317 PINE AVE #104 CARLSBAD CA 92008 NORMAN J & GABRIELA F SHARPLES 317 PINE AVE #105 CARLSBAD CA 92008 Etiquettes faciles a peler | Utilisez le gabarit AVERY® 5160®/8160'"' ] • Sens de charqement Repiiez a la hachure afin de \ 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92011 DENNIS E & STACEY L BOYER 14149 HILLDALERD VALLEY CENTER CA 92082 QUINN A KREKORIAN 6521 ARTEMIS LN WEST LINN OR 97068 LUCKHAM FAMILY TRUST 07-18- 94 P O BOX 27449 SAN DIEGO CA 92198 DANA K GRACE 335 PINE AVE CARLSBAD CA 92008 MICHAEL T & UNGERMANN- MARSHALL MARY S MARSHALL 5256 PIZZO RANCH RD LA CANADA CA 91 Oil SANDCASTLE SHORES APTS L P 1322 SCOTT ST #204 SAN DIEGO CA 92106 Etiquettes faciles a peler j Utilisez le gabarit AVERY® 5160®/8160"' ] Sens de chargement Repiiez a la hachure afin de ' i reveler le rebord Pop-up"' ' www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160TM Bend along line to expose Pop-up Edge'^' AVERY® 6240™ OCCUPANT 218 Pine Ave #A Carlsbad CA 92008 OCCUPANT 218 Pine Ave #B Carlsbad CA 92008 OCCUPANT 218 Pine Ave #C Carlsbad CA 92008 OCCUPANT 3180 Carlsbad Blvd Carlsbad CA 92008 OCCUPANT 165 Pine Ave Carlsbad CA 92008 OCCUPANT 175 Pine Ave Carlsbad CA 92008 OCCUPANT 3217 Garfield St Carlsbad CA 92008 OCCUPANT 3235 Garfield St Carlsbad CA 92008 OCCUPANT 3245 Garfield St Carlsbad CA 92008 OCCUPANT 235 Pine Ave# A Carlsbad CA 92008 OCCUPANT 235 Pine Ave# B Carlsbad CA 92008 OCCUPANT 235 Pine Ave# C Carlsbad CA 92008 OCCUPANT 235 Pine Ave# D Carlsbad CA 92008 OCCUPANT 235 Pine Ave# E Carlsbad CA 92008 OCCUPANT 235 Pine Ave# F Carlsbad CA 92008 OCCUPANT 235 Pine Ave# G Carlsbad CA 92008 OCCUPANT 235 Pine Ave# H Carlsbad CA 92008 OCCUPANT 235 Pine Ave# I Carlsbad CA 92008 OCCUPANT 235 Pine Ave# J Carlsbad CA 92008 OCCUPANT 235 Pine Ave# K Carlsbad CA 92008 OCCUPANT 235 Pine Ave# L Carlsbad CA 92008 OCCUPANT 235 Pine Ave# M Carlsbad CA 92008 OCCUPANT 235 Pine Ave# N Carlsbad CA 92008 OCCUPANT 235 Pine Ave# O Carlsbad CA 92008 OCCUPANT 235 Pine Ave# P Carlsbad CA 92008 OCCUPANT 235 Pine Ave# Q Carlsbad CA 92008 OCCUPANT 235 Pine Ave# R Carisbad CA 92008 OCCUPANT 235 Pine Ave# S Carlsbad CA 92008 OCCUPANT 235 Pine Ave# T Carlsbad CA 92008 OCCUPANT 235 Pine Ave# U Carlsbad CA 92008 Etiquettes faciles a peler { Utilisez le gabarit AVERY® 5160®/8160"' ] Sens de chargement Repiiez k la hachure afin de | r6v61er le rebord Pop-up"' ] www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Tepiplate 5160®/8160T OCCUPANT 235 Pine Ave# V Carlsbad CA 92008 Bend along line to expose Pop-up Edge^' AVERY® 6240™ OCCUPANT 235 Pine Ave# W Carlsbad CA 92008 OCCUPANT 235 Pine Ave# X Carlsbad CA 92008 OCCUPANT 235 Pine Ave# Y Carlsbad CA 92008 A notice has been mailed to all property owners/occupants Signature:. Etiquettes faciles a peler j Utilisez le gabarit AVERY® 5160®/8160"' ] Sens de chargement Repiiez a la hachure afin de j reveler le rebord Pop-up"' j www.avery.com 1-800-GO-AVERY ATTACHMENT "1" 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 DATE: 3 I'L.i /1 RECEIVED BY DATE: ^At>/u)S f\l ieo.n M775 is? MS002 . J* "0 !• © If—• • © ^„ WSHINGTOI;! TCT 222 r "3B3- PM 425 PAR I ^ JCT 223 f* fVkR 2 0.97 AC ii~- \\Z -z 9(SEESHT2> 1(27) ST SANHEGQ COUNTY ASSESSOR^ MAP BOOK 203 PAGE 25 SHT 1 OF 3 PACIfJC OCEAN BL 1^ Ii £L tA 13 H JS a 7 i i IZI i /»/ /* n M •m-a. / p Q 124 I-B4 r « 122 08 < 1«CONDM CARLSBAO 31 ooc 86-2968' CSEE SHT 2) 2* CONDO GARFIELD STl 00C9Z-22S97' (SEE 8HT2J CITY OF CARLSBAD REVIEW AND COMMENT MEMO •ALWAYS SEND EXHIBITS DATE: MARCH 25, 2015 PROJECT NO{S): PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03/AV 15-03 REVIEW NO: PROJECT TITLE: 165 PINE AVENUE APPLICANT: STEVE PROPHET TO: • • • • • • Land Development Engineering-Steve Bobbett Police Department-J. Sasway Fire Department - Greg Ryan Building Division - Will Foss Parks & Recreation (Parks/Trails) - Liz Ketabian Parks & Recreation (Trees & Medians) - Kyle Lancaster Public Works Department (Streets) Public Works Department (Traffic) - John Kim Public Works Department (Design) - David Ahles SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 • • • • • • • • Public Works (Storm Drain) - Clayton Dobbs Public Works (Wastewater) - Don Wasko Public Works (Water) - Eric Sanders Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Dept. Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION/VARtYl^ (f^^^ Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 4/15/15. If you have "No Comments," please so state, if vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS 4^ ^ Sieral 5- f- Z<iH^ Signature Date PLANS ATTACHED Review & Comment 8/14 <C*®%^ CITY OF ^ CARLSBAD Memorandum; Revision 1 April 15, 2015 To: Chris Garcia, Planning From: Steve Bobbett, P.E. Associate Engineer, Land Development Engineering Via: Jason Geldert, P.E. Senior Engineer, Land Development Engineering SUBJECT: T* ENGINEERING REVIEW: 165 PINE AVENUE (MS 15-03 / PUD 15-05 / SDP 15-05 / CDP 15-10 / AV 15-03) Land Development Engineering (LDE) division staff has completed a first review of the above- referenced project for application completeness. The application and plans submitted for this proposed project are complete. Below is a list of engineering issues that need to be resolved prior to resubmittal. 1. Add ali project ID's to the upper right hand corner of the first sheet of the site plan. 2. Indicate a 10' minimum separation between the proposed water service and sewer lateral. 3. Clarify the Temporary Excavation portion, Sections 12,13, and 14 of the Allied Earth Technology Geotechnical Investigation dated December 18, 2014. Sections 12 and 13 state that the temporary excavation may be excavated at a slope of 1:1 provided there are no surcharge loads. Section 13 states that temporary shoring will need to be provided ifthe slope ratio cannot be achieved or of there are surcharge loads. It appears that the slope ratio cannot be achieved and that there are surcharge loads. Provide a proposal for a temporary shoring plan or show the location of caissons for a permanent wall. 4. The Allied Earth Technology Geotechnical Investigation dated December 18, 2014 Section 24 provides for the installation of retaining wall backfill drainage systems. Clarify the means and location ofthe outlet point for these systems. 5. NOTE: The two sheet minor subdivision parcel map and sheet C-3, Erosion Control Plan are not reviewed as a part ofthe discretionary process. They will be reviewed as a part of the final engineering submittal. Ifyou have any questions, please call me at 602-2737. April 6, 2015 TO: Van Lynch, Senior Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Cecelia Fernandez, Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 1^ Review 165 Pine Avenue, FUD 15-05, SDP 15-05, CDP 15-10, MS 15-03, AV 15-03 Pine Avenue MELA file: 578 - 165 Pine Avenue - Conl Landscape Architect: JPBLA, Phone: (769) 479-0644 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Please indicate the spacing of the shrubs and ground covers when indicated by square footage. 2. Please clarify who is responsible for maintenance of all landscape areas. 3. Indicate the proposed irrigation water use (fiiture recycled water systems or potable). Provide a colored or hatched plan clearly shovwng where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. 4 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. Please provide a written response to all comnients clearly indicating where and how each comment was addressed. CITY OF CARLSBAD REVIEW AND COMMENT MEMO •ALWAYS SEND EXHIBITS DATE: MARCH 25. 2015 PROJECT NO(S): PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03/AV 15-03 REVIEW NO: 1 PROJECTTITLE: 165 PINE AVENUE APPLICANT: STEVE PROPHET TO: • • • • • • Land Development Engineering - Steve Bobbett \Z\ Police Department - J. Sasway CU Fire Department - Greg Ryan CH Building Division - Will Foss CH Parks & Recreation (Parks/Trails) - Liz Ketabian ^ Parks & Recreation (Trees & Medians) - Kyle Lancaster CH Public Works Department (Streets) CH Public Works Department (Traffic) - John Kim CH Public Works Department (Design) - David Ahles CH SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 Public Works (Storm Drain) - Clayton Dobbs Public Works (Wastewater) - Don Wasko Public Works (Water) - Eric Sanders Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Dept. Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION/VAN LYNCH Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 4/15/15. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature 4/ ^//-g- I ^ Date PLANS ATTACHED Review & Comment 8/14 Carlsbad PLANNING COMMISSION NOTICE OF DECISION August 6, 2015 Steve Prophet 300 Carlsbad Village Drive, Suite 108A-349 Carlsbad, CA 92008 SUBJECT: PUD 15-05/SDP 15-05/CDP 15-10/MS 1S-03/AV 15-03 - 165 PINE AVENUE At the August 5, 2015 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission is final on the date of adoption uniess a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specif/ the reason or reasons for the appeal. Ifyou have any questions regarding the final dispositions of your application, please contact your project planner Chris Garcia at (760) 602-4622 or chris.garcia(5)carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CG:bd c: Ronald Rasak, 3778 Avenida Callada, Calabasas, CA 91302 Roger Basinger, Architects BP Associates, 11858 Bernardo Plaza Court, Suite 120, San Diego, CA 92128 Data Entry File enc: Planning Commission Resolution No. 7118 Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f j www.carlsbadca.gov City of Carlsbad July 14, 2015 Steve Prophet 300 Carlsbad Village Drive, Suite 108A-349 Carisbad, CA 92008 SUBJECT: PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03/AV 15-03 -165 PINE AVENUE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, July 22, 2015. It is necessary that you submit the following required information to your planner in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. Please make arrangements to have your colored exhibit(s) and the PDF submitted to your project planner. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. if you need additional information concerning this matter, please contact your Planner, Chris Garcia at (760) 602- 4622or at chris.garcia(5)carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:AS:bd Ronald Rasak, 3778 Avenida Callada, Calabasas, CA 91302 Roger Basinger, Architects BP Associates, 11858 Bernardo Plaza Court, Suite 120, San Diego, CA 92128 File Copy Steve Bobbett, Project Engineer Data Entry Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601 760-602-8560 f j www.carlsbadca.gov Architects BP ciates aBPa 11858 Bernardo Plaza Court, Suite 120 San Diego, California 92128 858-592-4710 F 858-592-4193 admln@abpa-lnc.com MAY 2 8 2015 r-' A I May 28, 2015 City of Carlsbad Planning Division 1635 Faraday Ave Carlsbad, Ca 92008-7314 "'' Attn: Don Neu, AlCP, City Planner Project: PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03 -165 Pine Avenue Re: Response to comments from City of Carlsbad (April 23, 2015) Planning: 1. Please add the project's density to Sheet C-1; 16.5 du/ac. Response: See Civil Plans and Title Sheet. 2. On Sheet C-1 please add the General Plan Land Use designation; Residential High Density (RH). Please also correct the vicinity map. The project site is located in the wrong area. Response: See Civil Plans & Title Sheet. 3. On Sheets A102 and A103, please dimension the distance from the property line to the wall of the home, as well as to the edge of the patio and balcony. Response: See Sheets A102 and A103, dimensions added from property line to wall, patio and balconies. 4. Please identify the roof slope on top of the roof deck storage room shown on Sheet A104. Response: Roof slope for storage area to be a continuation of the roof over the house, slope indicated as 3:12, TYP on drawings, see Roof Plan Sheet A103. 5. Please label the Pine Avenue elevation as the north elevation, the opposite as south, the Garfield Street elevation as east, and the opposite elevation as west. Response: See Elevation Sheets A201 and A202. Drawing titles renamed North, South, East, West. 6. On Sheet A202, the west elevation (labeled as south elevation) shows the roof deck floor level above the permitted 24' height limit. Please revise to comply with the height requirement. Response: See Sheet A202. Corrected. The roof deck does not rise above the 24' height limit. See section A & B on Sheet A301 for a better indication ofthe 24' height line. 7. Please call out the corresponding material number from the material table on the elevations. Response: See Elevation Sheets A201 and A202. Materials identified on elevations. 8. Pursuant to Carlsbad Municipal Code Section 21.45.080 Table E, one-family and two-family dwellings nnust comply with City Council Policy 44, Neighborhood Architectural Design Guidelines. The project does not comply with City Council Policy No. 44, guideline #9. Res^pn^e: The intent ofthis guideline has been met per client discussion with Don Neu, City Planner. 9. The rear building elevation does not comply with City Council Policy No. 44, guideline Ull. The rear elevation shall have at least 4 separate building plane with a minimum offset if 18". The minimum depth between front and back plans on the rear elevation shall be 4'. Response: See Sheets A102, A103, A104, A202. 4 planes provided. Plane 1= Roof Plan; Plane 2= fireplace; Plane 3= first floor wall plane; Plane 4= upper wall plane. The 4' offset has been met between plane 2 and Plane 3. Engineering: 1. Add all project ID's to the upper right hand corner of the first sheet of the site plan. Response: See Civil Plans C-1 2. Indicate 10' minimum separation between the proposed water service and sewer lateral. Response: See Civil Plans C-1 3. Clarify the Temporary Excavation portion. Section 12,13, and 14 of the Allied Earth Technology Geotechnical Investigation dated December 18, 2014. Sections 12 and 13 state that the temporary excavation may be excavated at a slope of 1:1 provided there are no surcharge loads. Section 13 states that temporary shoring will need to be provided if the slope ratio cannot be achieved or if there are surcharge loads. It appears that the slope ratio cannot be achieved and that there are surcharge loads. Provide a proposal for a temporary shoring plan or show the location of caissons for a permanent wall. Response: See Geotechnical letter and Civil C-1 note that shoring will be provided by the contractor and designed by a structural engineer. 4. The Allied Earth Technology Geotechnical investigation dated December 18, 2014 Section 24 provides for the installation of retaining wall backfill drainage systems. Clarify the means and location of the outlet point for these systems. Response: See Geotechnical letter. 5. NOTE: The two sheet minor subdivision parcel map and sheet C-3, Erosion Control Plan are not reviewed as a part of the discretionary process. They will be reviewed as a part of the final engineering submittal. Response: Noted 5/28/15 Print Date ALLIED EARTH TECHNOLOGY 7915 SILVERTON AVENUE, SUITE 317 SAN DIEGO, CALIFORNIA 92126 TEL : (858) 586-1665 (619) 447-4747 E-MAIL: ROBERTAETPAOL.COIVl ROBERT CHAN, P.E. May 1, 2015 J & B Engineers, Surveyors 13670 Danielson Street, Suite 6 Poway, CA. 92064 Attn : Mr. Jun Sotto Subject: Project No. 14-1106D6 Addendum to Geotechnical Investigation Proposed Two-Unit Condominium Building Site 165-175 Pine Avenue Carlsbad, California Dear Mr. Sotto: Reference is made to our Report of Geotechnical Investigation, same Project Number as above, dated December 18, 2014. 1. It is our understanding that, due to site constraints and surcharge loads from adjacent properties, temporary excavations cannot be accomplished, and shoring will have to be provided. It is recommended that a temporary shoring plan prepared by a registered civil engineer be provided. 2. Retaining wall backfill drainage systems will be required. Recommendations for backfill subdrain systems are presented under item 24 of our report. The subdrain system behind the basement retaining wall will discharge into a 1 hp sump pump as identified on the Site Plan as Item No. 14. From that sump pump, the subsurface water will be pumped and discharge into the street. Project No. 14-1106D6 J&B Engineers, Surveyors 165-175 Pine Avenue 05/01/15 Page 2 The runoff behind the free-standing retaining wall along the west property line will be collected and discharge into the street via 2 - 3" PVC storm drain pipes. JPBLA, Inc. LANDSCAPE ARCHITECTURE - LAND PLANNING 4403 Manchester Ave. Suite 201, Encinitas CA 92024 CA Lie. #3058, AZ LIC. # 42616, Member ASLA 760/479-0644, Fax 760/479-0645 Date: May 15,2015 The City of Carlsbad Planning Division 1635 Faraday Ave Carlsbad, CA 92008-7314 Attention: Don Neu, AlCP, City Planner PROJECT: MS 15-03 -165 Pine Ave RE: 1Review for PUD 15-05/SDP 15-05/CDP15-10 Dear Don, We have completed ali of the City's comments and have responded to each comment below. The attached plans are submitted for final approval. Please contact me if you have any questions. Landscape Plan 1. Please indicate the spacing of the shrubs and ground covers when indicated by square footage. Response: Complete. The plant spacing has been identified on the Landscape Concept Plan, Sheet 2. See the shrubs, ornamental grasses, and groundcover hatches on the concept planting legend. 2. Please clarify who is responsible for maintenance of all landscape areas. Response: Complete. The Maintenance Responsibility Exhibit on sheet 4 shows that all the landscape areas will be maintained by the HOA. 3. Indicate the proposed irrigation water use (future recycled water systems or potable). Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single-family residence or front yard inigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. Response: Complete. The irrigation system will initially use potable water but will be designed to accommodate recycled water incase recycled water becomes available in the future. An irrigation note has been added to the Concept Water Use Calculations Sheet 3 stating this. 4. RETURN REDLINES and provide 2 copies of ali plans (concept, water conservation, and colored water use pian) for the next submittal. Please provide a written response to all comments clearly Indicating where and how each comment was addressed. Response: Complete. Chris Garcia From: Lance Schulte <meyers-schulte@sbcglobal.net> Sent: Tuesday, May 26, 2015 3:01 PM To: Chris Garcia Subject: RE: SDP 15-05 et. al. - early public notice comments Chris: Thanks. No worries. Based on the information in the letter [if accurate] my concerns are lessened. Although the variance is not needed, it is not as objectionable provided pedestrian safety and an adequate buffer can be assured. Compression of pedestrian and vehicle movements from both developments in this area, particularly if the overhead poles are not undergrounded, maybe a concern. However, if the City can assure better public safety and aesthetics with the variance that without it then I do not object. Thanks again. Lance From: Chris Garcia [mailto:Chris.Garcia@carlsbadca.gov] Sent: Tuesday, May 26, 2015 10:20 AM To: Lance Schulte Subject: RE: SDP 15-05 et. al. - early public notice comments Lance, I apologize for the delay. I owed you the attached copy of the applicant's variance justification. I have also attached the application form that has the full findings on page 4. Sincerely, ^Ckyof Carlsbad Chris Garcia Assistant Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov P: 760-602-4622 F: 760-602-8558 chris.garcia(5)carlsbadca.gov From; Lance Schulte [mailto:mevers-schulte(5)sbcglobal.net] Sent: Monday, May 11, 2015 4:43 PM To: Chris Garcia Subject: RE: SDP 15-05 et. al. - early public notice comments Chris: Cll C vCityof "' Carlsbad May 19, 2015 Steve Prophet Suite 108A-349 300 Carlsbad Village Drive Carlsbad, CA 92008 SUBJECT: PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03 - 165 PINE AVENUE - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for In-Fill Development Projects - State CEQA Guidelines Section 15332. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing decision date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project should be scheduled for a public hearing no later than July 19, 2015. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by June 4, 2015. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination or shouid you have any questions regarding an application extension or would like to withdraw your application, please contact Chris Garcia at (760) 602-4622 or by email at chris.garciaPcarlsbadca.gov. Sincerely, A DON NEU, AlCP City Planner DN:CG:fn c: Van Lynch, Senior Planner Steve Bobbett, Project Engineer IVIichele Masterson, Senior Management Analyst File Copy Data Entry Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-4660 | 760-602-8560 f | www.carlsbadca.gov Chris Garcia From: Lance Schulte <meyers-schulte@sbcglobai.net> Sent: Friday, May 01, 2015 7:31 AM To: Chris Garcia Subject: RE: SDP 15-05 et. al. - early public notice comments Chris: Thank you. 1 reviewed the plans yesterday. I see no justification for the variance of minimum setback standards for this project. In fact the proposed variance is at a driveways location that should likely have more than the minimum setback due to the interaction of pedestrians on the sidewalk and the project's cars [in a ramped down and restricted driveway design] and the need to remove undesirable visual and operational restrictions that are caused by moving the proposed building closer to the proposed pedestrian/vehicle interface. Looking at the floor plans the proposed intrusion into the minimum setback is for convenience purposes only and in fact creates a fairly useless 2' balcony and oversized bedrooms that could easily be reduced to fully comply with the minimum setback standards and still provide ample room sizes, while reducing the project's proposed the design compression at the project's pedestrian and vehicle interface. There are [and will be] lots of people that walk to the beach on that sidewalk and making the safest ramped vehicle entry in/out ofthe project is a public safety design need. This safety need should not be made less safe simply to create a fairly useless balcony and to expand an already large bedroom. A building articulation if "needed" for design purposes, can be created by offsets in the other direction [i.e. increased setback from the minimum] with no change to the economic viability of the project, and will create a safer vehicular, less compressed, and more attractive vehicular entry/exit to the project relative to the sidewalk. Again, I see no legal rational for the variance that simply creates more building mass while also increasing the likelihood of pedestrian impacts from the ramped vehicular movement in/out ofthe project. The variance also creates a undesirable president in an area that has significant pedestrian activity by saying buildings can needlessly intrude into minimum front yard setback standards to create a less safe and less attractive [and more pedestrian uncomfortable] pedestrian environment. Thank you forthe opportunity to review and comment on the project. I request that my comments be considered and be provided to the Planning Commission, and City Council if appealed, and that I be notified as to the public hearing(s). Kindest regards. Lance Schulte Chris Garcia From: gregdalmas <gregdalmas@gmail.com> Sent: Saturday, April 25, 2015 1:06 PM To: Chris Garcia Subject: 165 pine ave project Attachments: 20150425_122847.jpg Mr. Garcia, Thank you for the notice regarding the 165 pine av project, but we need your help. As a supporter of smart growth, sustainable communities, and development, I carefully consider the ballance that exists between. What we, the local community of carlsbad village stand to loose is what you see in the picture attached; a buffer between development and the remaining slice of our jewel the pacific. I am not opposed to the development of this comer, in fact I support it, with the caveat that you hold this developer to a high bar and expect his architecture to add to the coastal beauty of our community and harmony with it. Please dont let another developer dumb down our comnunity into price per square foot. This peice of land could easilyy accomodate all our needs without blighting us. Do not allow this developer to expand the footprint closer into the setbacks existing. Do require the structure be built primarily into the south west comer of the lot, leaving the north east comer free from story high walls that will overwhelm the existing open feel of our prized block. Please do be reminded that the many people in this community will look at this new development everybday after it is built for many years. We will appreciate you support Mr. Garcia, in leaving us a development we will enjoy visually, keeping our views, and in harmony with classic califomia architecture. Please do leave us forever looking at an over developed square of stucco, and a view reduced at the expense of many, to naximize a single developers profit margin. Thank you for your help. Sent from my Sprint Samsung Galaxy® Note 4. Chris Garcia From: Christine Bevilacqua <cbevilacqua@antioch.edu> Sent: Saturday, April 25, 2015 1:05 PM To: Chris Garcia Subject: Project Notice 165 Pine Avenue Mr Garcia: As the property manager of 21 units located at 235 Pine Ave, (comer of Pine and Garfield across from proposed project), and as a resident of 235 Pine Ave, I oppose several aspects of this project. First, the request to reduce the building setback to 4 feet is not reasonable. We need wider sidewalks in this neighborhood to accommodate the increasing number of people who walk this route to the beach every day. A building set that close to lhe slreet is not in keeping wilh lhe aesthetic of Ihis neighborhood and the Village in general. Second, this project will block the view of several units in my building, reducing the value of these units and our ability to maximize our investment by charging rates for ocean view apartments. I have lived in this building for 6 years and have watched the increasing traffic of all kinds at this comer and the surrounding blocks: pedestrians, bikes, skateboarders, cars. There needs to be more access points to the beach (such as at Grand, Juniper etc.) to alleviate the congestion at Pine and increase safety. We see near-misses between bikes/peds/sk:ilcrs wilh cars several times a week. While I believe more density is the key to a economically thriving, vibrant multi-modal Village, 2 high-end units are not going to contribute to thai. There is no reasonable reason this project needs to take that entire footprint for 2 units oul lo a 4 foot setback. Please limit the proposed structure lo the standard 10 fool setback and limit the reach of the upper floors to not block our view for which we pay premium rent rates. Please put the people of this neighborhood and the Village above the desire to appease yet another deep-pocket developer. Thank you. Christine Bevilacqua M.A. Urban Sustainabiiity On-site Property Manager, Seaside Residences "We abuse land because we see it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect." -Aldo Leopold ^^1^ CITY OF .^.J r il LlA^ V CARLSBAD Community & Economic Development www.carlsbadca.gov April 23, 2015 Steve Prophet Suite 108A-349 300 Carlsbad Village Drive Carlsbad, CA 92008 SUBJECT: 1ST REVIEW FOR PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03 - 165 PINE AVENUE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Site Development Plan, Planned Development Permit, Coastal Development Permit and Tentative Parcel Map, application nos. PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date ofthis communication. At this time, the City asks that you provide five (5) complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747 • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661 Sincerely, QUA, DON NEU, AlCP City Planner DN:CG:fn c: Ronald Rasak, 3778 Avenida Callada, Calabasas, CA 91302 Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03 - 165 PINE AVENUE April 23, 2015 Page 2 ISSUES OF CONCERN Planning: 1. Please add the project's density to Sheet C-1; 16.5 du/ac. 2. On Sheet C-1 please add the General Plan Land Use designation; Residential High Density (RH). Please also correct the vicinity map. The project site is located in the wrong area. 3. On Sheets A102 and A103, please dimension the distance from the property line to the wall of the home, as well as to the edge of the patio and balcony. 4. Please Identify the roof slope on top of the roof deck storage room shown on Sheet A104. 5. Please label the Pine Avenue elevation as the north elevation, the opposite as south, the Garfield Street elevation as east, and the opposite elevation as west. 6. On Sheet A202, the west elevation (labeled as south elevation) shows the roof deck floor level above the permitted 24' height limit. Please revise to comply with the height requirement. 7. Please call out the corresponding material number from the material table on the elevations. 8. Pursuant to Carlsbad Municipal Code Section 21.45.080 Table E, one-family and two-family dwellings must comply with City Council Policy 44, Neighborhood Architectural Design Guidelines. The project does not comply with City Council Policy No. 44, guideline #9 which states that the project must comply with one ofthe following: a. The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single-story element shall incorporate a separate roof plane and shall be substantially lower than the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single-story edge. Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a single-story building edge. b. The home shall have a single-story building edge with a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single-story element shall be substantially lower than the roof for the two-story element of the building. c. The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building. 9. The rear building elevation does not comply with City Council Policy No. 44, guideline **11. The rear elevation shall have at least 4 separate building planes with a minimum offset of 18". The minimum depth between front and back plans on the rear elevation shall be 4'. PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03 - 165 PINE AVENUE April 23, 2015 Page 3 Engineering: Land Development Engineering (LDE) division staff has completed a first review ofthe above-referenced project for application completeness. The application and plans submitted for this proposed project are complete. Below is a list of engineering issues that need to be resolved prior to resubmittal. 1. Add all project ID's to the upper right hand corner of the first sheet of the site plan. 2. Indicate a 10' minimum separation between the proposed water service and sewer lateral. 3. Clarify the Temporary Excavation portion. Sections 12, 13, and 14 of the Allied Earth Technology Geotechnical Investigation dated December 18, 2014. Sections 12 and 13 state that the temporary excavation may be excavated at a slope of 1:1 provided there are no surcharge loads. Section 13 states that temporary shoring will need to be provided if the slope ratio cannot be achieved or of there are surcharge loads. It appears that the slope ratio cannot be achieved and that there are surcharge loads. Provide a proposal for a temporary shoring plan or show the location of caissons for a permanent wall. 4. The Allied Earth Technology Geotechnical Investigation dated December 18, 2014 Section 24 provides for the installation of retaining wall backfill drainage systems. Clarify the means and location of the outlet point for these systems. 5. NOTE: The two sheet minor subdivision parcel map and sheet C-3, Erosion Control Plan are not reviewed as a part of the discretionary process. They will be reviewed as a part of the final engineering submittal. Landscape: Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please indicate the spacing of the shrubs and ground covers when indicated by square footage. 2. Please clarify who is responsible for maintenance of all landscape areas. 3. Indicate the proposed irrigation water use (future recycled water systems or potable). Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single- family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. 4. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. Fire: 1. Fire comments, if any, to come under separate correspondence. aBPa Architects BP AsPociates 11858 Bernardo Plaza Court, Suite 120 San Diego, California 92128 858-592-4710 F 858-592-4193 admin@abpa-inc.com September 8, 2014 City Of Carlsbad Mr. Gary Barberio Assistant City Manager 1635 Faraday Avenue Carlsbad, CA 92008 Re: 165 Pine Ave Carlsbad, CA Dear Gary, We have attached the building outline exhibits indicating our design proposal to seek a variance for the property located at 165 Pine Ave Carlsbad, CA. This is a request from Ron Rasak, Property owner. As described, the lot has a number of existing constraints: 1. The lot is a substandard lot at 5,280 square feet, which falls below the 7500 sf minimum. 2. The lot is adjacent to an extremely wide street right-of-way on Pine Avenue, which is 80 feet. Normally curb face to property line is 10 feet. 165 Pine street is 18 feet. 3. The property is encumbered by the adjacent Time Share building, which is 3 stories in height and is observing a lessor setback than 165 Pine Avenue is required to have. Proposed benefits of our design proposal include: 1. Removing one of two curb cuts onto the subject property. The curb cut removal on Garfield Street would result in additional street parking. 2. The Garages would be below grade thus resulting in additional architecture on the street instead of 4 garage doors. 3. Our Guest parking space will be below grade resulting in more landscaping at grade. 4. Additional on site storage areas for resident use. 5. Oversized 2 car garages 6. On-site fitness and recreation room amenity. 7. Environmentally conscious design with a roof deck and solar roof panels. 8. The Right of way along 165 Pine Avenue will be maintained, which includes an approximately 22' centeriine street width with an 18' landscape right of way. The sidewalk is adjacent to the street curb then an adjacent 12' landscape parkway to the south to our property line which would be landscaped and maintained by 165 Pine St. 9. The power lines along Pine Avenue will be undergrounded. This Design proposal seeks a reduction in the 10-foot setback along Pine Avenue by 75% to 2.5 feet. The building will still fit with in or below the maximum lot coverage of 60%. Ifyou have any additional questions or comments, please don't hesitate to call me at 858-592-4710. Sincerely, Architects BP Associates Roger L. Basinger Executive Vice President