HomeMy WebLinkAboutRP 12-31; Bluewater; Redevelopment Permits (RP) (2)APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Administrative Permit
[j] Coastal Development Permit(*) D Minor C.DP rz.--~«8
D Conditional Use Permit (*)
D Minor 0 Extension
0 Environmental Impact Assessment
0 Habitat Management Permit
0 Hillside Development Permit(*)
0 Planned Development Permit
0 Minor
0 Residential 0 Non-Residential
0 Planned Industrial Permit
0 Planning Commission Determination
0 Site Development Plan
0 Special Use Permit
0 Tentative Tract Map/Parcel Map
0 Variance 0 Administrative
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan
0 Specific Plan
0 Zone Change (*)
0Amendment
0 Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
Village Review Area Permits
[j] Review Permit
0 Administrative 0 Minor [j] Major
(*) = eligible for 25% discount
Rf \1.. .. 31
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 203-250-29-00 & 203-250-28-00
PROJECT NAME: Bluewater ---------------------------------------------------------------------
BRIEF DESCRIPTION OF PROJECT: Village Redevelopment to develop a restaurant & micro-brewery with on site parking.
BRIEF LEGAL DESCRIPTION: Those portions of Tract 100 of Carlsbad Lands in the City of Carlsbad according to Map No. 1661
LOCATION OF PROJECT: 3056 & 3162 Carlsbad Blvd, Carlsbad, CA 92008
STREET ADDRESS
ON THE: East SIDE OF Carlsbad Blvd
(NORTH, SOUTH, EAST, WEST) · (NAME OF STREET)
BETWEEN Pine AND Oak
------------------~----(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of6 Revised 11/12
OWNER NAME (Print): Barry & Mary Blue/Blue Family Trust
MAILING ADDRESS: 2950 Ocean Street -------------------------CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: 760-729-5101 -------------------------EMAIL ADDRESS:
• APPLICANT NAME (Print): same ----------------------MAILING ADDRESS: --------------------------CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. THE BEST OF MY KNOWLEDGE.
12-21-12 12-21-12
SIGNATURE DATE SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print): Buck Thompson --------~---------------------------------------------MAILING ADDRESS: 627 Bonair Way
----------~-----------------------------------------------------CITY, STATE, ZIP: La Jolla, CA 92037 -------------------------------------------------------------------TELEPHONE: 858-336-8249
EMAIL ADDRESS: piarcdesign@sbcglobal.net
12-21-12
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE.
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
DEC 2 1 2012
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 11/12
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true
and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of
Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which
has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class
VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.
I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The
notice shall be delivered to:
Certification Statement:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
Date: 12-21-12
I Certify that I am the Legal Property Owner for the subject business location and that all of the above
information is true and correct to the best of my knowledge. I support the applicant's request for a permit to
place the subject pro on the public sid nderstand that an approved administrative permit shall
remain in effe r as lon are permitted within the Village Review Area and the permittee
mplia wit rmit.
Date: 12-21-12
P-1 Page 3 of6 Revised 11/12
----------------------------------------------------------
J .. "' I
·f~ <_,~.:
'~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 1 0% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Barry Blue/ Blue Family Trust Corp/Part3162/3056 Carlsbad Blvd., LLC
Title Trustee Title Partner
Address 2950 Ocean St, Carlsbad, CA Address2950 Ocean St, Carlsbad, CA
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Barry Blue/ Blue Family Trust
Title Trustee
Address 2950 Ocean St, Carlsbad, CA
Corp/Part 3162/3056 Carlsbad Blvd., LLC
Title. ___ P_a_rt_n_e_r __________________ _
Address 2950 Ocean St, Carlsbad, CA
Page 1 of2 Revised 07/10
I .. "
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving 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_l_a _______ _
Title ___________ _ Title _____________ _
Address _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes 1•1 No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
Barry Blue for 3162/3056 Carlsbad Blvd LLC
Print or type name of owner
12-21-12
Barry Blue for 3162/3056 Carlsbad Blvd LLC
Print or type name of applicant
pplicant's agent if applicable/date
Buck Thompson
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
)~ ""-' ... ~ CITY OF
CARLSBAD
PROJECT NAME: Bluewater
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
-----------------------------------------------------
APPLICANT NAME: Barry Blue ----~----------------------------------------------
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:
Village Redevelopment to develop a restaurant & micro-brewery with on
site parking. Remove existing structures and accessory buildings and
build a new structure approximately within 60% of the footprint of the
existing primary structure facing Carlsbad Blvd. The southern wall of
the new structure will be placed upon the southern most line of the
existing primary structure for one story in height. The micro-brewery
will be entirely located within the new structure.
All required parking will be provided in the rear of the property and
accessed by a drive aisle on the northern side of the property. A
wheel chair lift will be provided for patrons wishing to enter from the
street walkway/sidewalk and Van Accessible parking will be provided on
site in the parking area. Interior spaces shall have a stairway and an
elevator to access the upper floor level.
P-1(8) Page 1 of 1 Revised 07/10
4~-------------------------
$~ "'~ . "'' ... ·~CITY OF
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
[KJ The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application.!!.!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Barry Blue
Address: 2950 Ocean Street
Carlsbad, CA 92008
Phone Number: 76 0-72 9-5101
PROPERTY OWNER
Name: same
Address: _________ _
Phone Number: __________ _
Address of Site: 3 056 & 3162 Carlsbad Blvd. Carlsbad, CA 92 008
Local Agency (City and County): City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number: 2 03-25 0-2 9-0 0 & 2 03-25 0-2 8-0 0
Specify list(s): ___ n_o_n_e _________________________ _
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: {~I-L '2-(To be completed by City)
Application Number(s): _,Vkf..:::::...l.---'-/[.;..:::;_-...:.7"""'/!...,__ __________________ _
General Information
1. Name of project: __ B_lu_e_w_a_t_e_r _______________________ _
2. Name of developer or project sponsor: Barry Blue/Blue Family Trust/3162/3056 carlsbad Blvd LLC
Address: 2950 Ocean st
City, State, Zip Code: __ c_ar_l_s_b_a_d....:.,_c_A_9:....2_0....:0....:.8 __________________ _
PhoneNumber: __ 7_6_o_-_7_29_-_5_1_o_1 ______________________ __
3. Name of person to be contacted concerning this project: _B_u_c_k_T_h_om....:p:_s_o_n ________ _
Address: __ 6_2_7_B_o_n_a_i_r_w_a_Y ________________________ _
City, State, Zip Code: __ L_a_J_o_l_l_a_._CA __ 9_2_o_3_7 __________________ _
Phone Number: 858-336-8249
4. Address of Project: 3056 & 3162 Carlsbad Blvd, Carlsbad, CA 92008
Assessor's Parcel Number: 203-250-29-oo & 203-250-28-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:
Major Village Review Permit & Coastal Development Permit
6. Existing General Plan Land Use Designation: 203-250-29-oo I v & 203-250-28-oo 1 RH
7. Existing zoning district: 203-250-29-oo I v-R & 203-250-28-oo 1 R-3
8. Existing land use(s): multi-family residential
9. Proposed use of site (Project for which this form is filed): Restaurant & Micro-Brewery
with on site parking
Project Description
10. Sitesize: 18,236 sq ft I 0.42 ac mol
11. Proposed Building square footage: 4,967 sq ft
12: Number of floors of construction: __ 2 ____________________ _
13. Amount of off-street parking provided: _2_2 __________________ _
14. Associated projects: __ n_o_n_e ________________________ _
P-1(0) Page 2 of4 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: -----------------------
Neighborhood, city and tourism related with 1,399 sq ft of interior dining area
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
clearly why the application is required: ---------------------
P-1(D) Page 3 of4 Revised 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 D ~
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D E)
roads.
22. Change in pattern, scale or character of general area of project. D ~
23. Significant amounts of solid waste or litter. D E1
24. Change in dust, ash, smoke, fumes or odors in vicinity. D E1
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D E1
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D ~
27. Site on filled land or on slope of 1 0 percent or more. D ~
28. Use of disposal of potentially hazardous materials, such as toxic substances, D ~
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
D
D
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 structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information 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.
Certification
I 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 r1aa6illiil yy;"";, aam~~:tm~ieftv
information presented are true and correct to the best of knowle and
Date: ____ 12_-_2_1_-_1_2 ____________ __ Signat
For:
P-1(0) Page4 of4 Revised 07/10
--------------------------------------------------------------
Pi Arc Design
6 21 Bonair Y'tay. La Jolla. c.a '1.:2091 piarc.design®sbc.global.net
Project: Bluewater December 21, 1012
Location: 3056 & 3162 Carlsbad Blvd, Carlsbad, CA 92008
1. Summary of Existing Property Conditions
The primary use of the existing property is multi-family residential rental property with
generally flat topography. It is accessed from Carlsbad Blvd. by a slightly up sloped drive
aisle. There are seven existing structures on the property either for residential use or
residential storage. Currently portions of the drive surface are paved with asphalt while the
remainder of the property surrounding the structures is compacted gravel. Landscaping on
the property is minimal in nature and soils drainage does not appear to be a problem. There
are no cultural, historical or scenic aspects located on the property.
2. Summary of Surrounding Properties
The surrounding properties located on Carlsbad Blvd are motels and are commercial/tourist
in use with varying side and frontyard setbacks. Two adjacent properties at the rear of the
property are multi-family residential with varying side and rear yard setbacks. All adjacent
and surrounding properties are two story levels in height. Adjacent properties are all
landscaped and surface drainage does not flow onto this property. There are no cultural,
historical or scenic aspects located on these properties.
•
..
"~
"" ':.0.. ,~ CITY OF
CARLSBAD
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca .gov
Time limits on the processing of discretionary projects established by state law 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 determine whether an application is complete or incomplete. Within 30 days of
submittal of this application 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 application complete.
When the application is comple processing period will start u on he date of the completion letter.
If you have any que · ns regar in · · I re · ents (i.e., clarification
regarding a specific equireme re necessary for your particular
application) pleas call (7~~_10.
Applicant Signatur · _ ___;pr;;...___ ff_-r ~----::;~'7"""-::::--b------:::::::o'""""-------
Staff Signature:
Date: 12-21-12
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
"
PACIFIC COAST 1111 E. Katella Ave, #120
Orange, CA 92867
TITLE CC)MPANY Title Officer: lim lean
Title Phone: 714-516-6700
Title Email: jjean@pacificcoasttitle.com
Issuing Policies of Commonwealth Land Title Insurance Company
ORDER NO.: 97507689-75
NORTH COUN1Y ESCROW
2928 JEFFERSON STREET#3A
CARLSBAD, CA 92008
ATTN: ANALISA CASAS
YOUR REF: 003966-AC
PROPER1Y: 3056, 3162 CARLSBAD BOULEVARD,
CARLSBAD CA 92008
LENDER:
MARCHO AND MILLICHAP C.C
9255 TOWNE CENTER DRIVE #700
SAN DIEGO, CA 92t21
ATTN: MARY HEALTH
REF: THE BLUE FAMILY TRUST
Escrow/Customer Phone: (760} 729-3600
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Pacific Coast Title Company hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the
land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the
printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or
the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from
the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company, a
Nebraska Corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects and encumbrances affecting title to the land.
Pacific Coast Title Company
1
Commonwealth Land Title Insurance
Company
.. ··;~·;:iii:E·4:··· .. /j'f···················~~~~\
i!!::t SEAL '11'1 \~\ J~j ··.\\ /~; \.o····... . .. ...-~/ ·· .. ~ ... ~isR·As~t-_):> ···················· secretary
CLTA Preliminary Report Form-Modified (11-17-06)
PACIFIC COAST
TITLE CC)MPANY
PRELIMINARY REPORT
EFFECTIVE DATE: September 27, 2012, 7:30am
The form of policy or pol ides of title insurance contemplated by this report is:
ALTA Loan Policy (6-17-06)
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS
REPORT IS:
AFEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
3162/3056 CARLSBAD BLVD., LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO
ITEM(S) 8
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
2 CLTA Preliminary Report Form-Modified (11-17-06)
'PRELIMINARY REPORT
YOUR REFERENCE: 003966-AC
LEGAL DESCRIPTION
EXHIBIT "A"
Pacific Coast Title Company
ORDER NO.: 97507689-75
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MARCH 1, 1915. DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 100; THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID TRACT 100, WHICH IS ALSO THE NORTHWESTERLY LINE OF
TRACT 200 THUM LANDS, AS SHOWN ON MAP THEREOF NO. 1681, RECORDS OF SAN DIEGO COUNTY, AND
THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS CONVEYED BY THE SOUTH COAST LAND COMPANY
TO MARY A. BEARD AND ELLEN MORGAN BY DEED DATED NOVEMBER 10. 1922 AND RECORDED IN BOOK
913, PAGE 176 OF DEEDS. NORTH 55°27'EAST A DISTANCE OF 365.57 FEET (RECORD 365.27 FEET) TO THE
NORTHEASTERLY CORNER OF SAID BEARD LAND, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID BEARD
LAND, NORTH 34°33' WEST A DISTANCE OF 64 FEET TO ITS INTERSECTION WITH THE
SOUTHWESTERLY PROLONGATION OF THE MOST NORTHERLY LINE Of THAT TRACT OF LAND AS CONVEYED
BY THE SOUTH COAST LAND COMPANY TO ERNEST E. SUTTON AND HELEN G. SUTTON, BY DEED DATED
MARCH 15, 1927 AND RECORDED IN BOOK 1335. PAGE 199 OF DEEDS, RECORDS OF SAN DIEGO COUNTY;
THENCE ALONG THE SOUTHWESTERLY PROLONGATION NORTH 55°27' EAST A DISTANCE OF 81.5 FEET TO
THE MOST NORTHWESTERLY CORNER OF THE SAID SUTTON LANDS; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID SUTTON LANDS SOUTH 34'34* EAST A DISTANCE OF 100 FEET; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID SUTTON LAND SOUTH 55°27' WEST A DISTANCE OF 81.5 FEET TO
A POINT ON THE NORTHEASTERLY LINE OF SAID BEARD LAND; THENCE ALONG THE SAID NORTHEASTERLY
LINE OF BEARD LAND NORTH 34°33' WEST A DISTANCE OF 36 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
COMMENCING AT THE SOUTHWESTERLY CORNER OF TRACT 100; THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID TRACT 100, WHICH IS ALSO THE NORTHWESTERLY LINE OF
TRACT 200 OF THUM LANDS, AS SHOWN ON MAP THEREOF NO. 1681. RECORDS OF SAN DIEGO COUNTY,
NORTH 55°27' EAST A DISTANCE OF 169.17 FEET (HIGHWAY MAP 169.06 FEET) TO ITS INTERSECTION WITH
THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY COMMISSION'S RIGHT OF WAY (AS SHOWN ON
PLANS THEREOF DIVISION 7, COUNTY OF SAN DIEGO. ROUTE 2, SECTION "B". SHEET 18), SAID POINT BEING
THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 960 FEET, THROUGH A CENTRAL ANGLE OF 2°43'26" A DISTANCE OF 45.64 FEET
TO
THE END OF SAID CURVE; THENCE CONTINUING ALONG SAID EASTERLY LINE OF HIGHWAY. NORTH 6°26'
EAST (HIGHWAY BEARING NORTH 6°15'30n EAST) A DISTANCE OF 38.21 FEET;
THENCE NORTH 55°27' EAST A DISTANCE OF 142.24 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF THAT PORTION OF SAID TRACT 100. CARLSBAD LANDS, AS
CONVEYED BY THE SOUTH COAST LAND COMPANY TO
MARY A. BEARD AND ELLEN MORGAN BEARD BY DEED DATED NOVEMBER 10, 1922 AND RECORDED IN
BOOK 913. PAGE 176 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG SAID NORTHWESTERLY
PROLONGATION SOUTH 34°33' EAST A DISTANCE OF 64 FEET TO THE NORTHEASTERLY CORNER OF SAID
BEARD LAND; THENCE ALONG THE NORTHWESTERLY LINE OF SAID BEARD LAND AND THE
NORTHWESTERLY LINE OF SAID TRACT 200, THUM LANDS, SOUTH 55°27' WEST A DISTANCE OF 196.4 FEET
TO THE TRUE POINT OF BEGINNING.
3 CLTA Preliminary Report Form-Modified (11-17-06)
'PRELIMINARY REPORT
YOUR REFERENCE: 003966-AC
Pacific Coast Title Company
ORDER NO.: 97507689-75
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
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 2012-2013.
B. Property Taxes for the fiscal year shown below are PAID. For proration purposes, the amounts are:
APN:
Fiscal Year:
Code Area:
1st Installment:
2nd Installment:
Land:
Improvements:
Exemption:
203 250 28 00
2011-2012
09000
$4,376.29 PAID
$4,376.29 PAID
$600,000.00
$200,000.00
$0.00 HOMEOWNERS
C. Property Taxes for the fiscal year shown below are PAID. For proration purposes, the amounts are:
APN and CODE AREA:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Land:
Improvements:
Personal Property:
203 250 29 00
2011-2012
$7594.72 PAID
$7594.72 PAID
$
$1,000,000.00
$400,000.00
$
D. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation Code of the State of california.
1. Water rights, claims or title to water, whether or not disclosed by the Public Records.
2. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document;
Granted to:
Purpose:
Recorded:
Affects:
STATE OF CALIFORNIA
PUBLIC HIGHWAY
APRIL 5, 1934 IN BOOK 275 PAGE 375 OF OFFICIAL RECORDS
THAT PORTION OF SAID LAND AS DESCRIBED THEREIN
3. A Notice of Violation, executed by THE CITY OF CARLSBAD,
Recorded: NOVEMBER 14, 1975 AS INSTRUMENT NO. 75-320419 OF OFFICIAL
RECORDS
Reference is made to said document for full particulars.
4. A Notice of Violation, executed by THE CITY OF CARLSBAD,
4
Recorded: NOVEMBER 14, 1975 AS INSTRUMENT NO. 75-320420 OF OFFICIAL
RECORDS
Reference is made to said document for full particulars.
CLTA Preliminary Report Form-Modified (11-17-06)
"PRELIMINARY REPORT Pacific Coast Title Company
ORDER NO.: 97507689-75 YOUR REFERENCE: 003966-AC
5. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
$1,870,000.00
06/21/2004
BARRY J. BLUE AND MARY T. BLUE, TRUSTEES OF THE BLUE FAMILY
TRUST UDT MARCH 30, 1999
OLD REPUBLIC TITLE COMPANY
LA JOLLA BANK
JUNE 25, 2004 AS INSTRUMENT NO. 2004-0599832 OF OFFICIAL
RECORDS
An assignment of the beneficial interest under said deed of trust which names:
Assignee:
Recorded:
ONEWEST BANK, F.S.B.
APRIL 29, 2010 AS INSTRUMENT NO. 2010-0215063 OF OFFICIAL
RECORDS
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by:
Recorded:
ONEWEST BANK, F.S.B. AND THE BLUE FAMILY TRUST
JUNE 1, 2012 AS INSTRUMENT NO. 2012-0321687 OF OFFICIAL
RECORDS
6. A certificate of compliance executed by THE CITY ENGINEER, CITY OF CARLSBAD,
Dated:
Compliance No.:
Recorded:
Affects:
12/21/2009
CE 09-13
DECEMBER 28, 2009 AS INSTRUMENT NO. 2009-0716208 OF OFFICIAL
RECORDS
THAT PORTION OF SAID LAND AS DESCRIBED THEREIN
7. This company will require a statement of information from the parties named below in order to
complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters
which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens
or encumbrances thereon. After review of the requested Statement(s) of Information the Company may
have additional requirements before the issuance of any policy of title insurance.
Page 5
Parties: ALL PARTIES
(Note: The statement of information is necessary to complete the search and examination of title under
this order. Any title search includes matters that are indexed by name only, and having a completed
statement of information assists the Company in the elimination of certain matters which appear to
involve the parties but in fact affect another party with the same or similar name. Be assured that the
statement of information is essential and will be kept strictly confidential to this file.)
FAILURE TO PROVIDE THIS STATEMENT OF INFORMATION IN A TIMELY MANNER MAY
DELAY THE CLOSING OF THIS TRANSACTION.
CLTA Preliminary Report Form -Modified (11-17-06)
"PRELIMINARY REPORT
YOUR REFERENCE: 003966-AC
Pacific Coast Title Company
ORDER NO.: 97507689-75
8. Before issuing its policy of title insurance, this Company will require for review, the following
documents from the Limited Liability Company named below.
Page 6
Limited Liability Company:
(a)
(b)
(c)
(d)
(e)
3162/3056 CARLSBAD BLVD., LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
A copy of its operating agreement and any and all amendments,
supplements and/or modifications thereto, certified by the appropriate
manager or member.
Confirmation that its Articles or Organization (LLC-1), and Certificate of
Amendment (LLC-2), any restated Articles of Organization(LLC-10)
and/or Certificate of Correction (LLC-11) have been filed with the
Secretary of State.
If the Limited Liability Company is member-managed a full and complete
current list of members certified by the appropriate manager or member.
If the Limited Liability Company was formed in a foreign jurisdiction,
evidence, satisfactory to the Company, that it was validly formed, is in
good standing and authorized to do business in the state of origin.
If the Limited Liability Company was formed in a foreign jurisdiction,
evidence, satisfactory to the Company, that it has ·completed with
California "doing business" laws, if applicable.
After review of the requested documents, the Company reserves the rights to add additional items or
make additional requirements prior to the issuance of any policy of title insurance.
END OF ITEMS
CLTA Preliminary Report Form-Modified (11-17-06)
PREUMINARY REPORT
YOUR REFERENCE: 003966-AC
NOTES
Pacific Coast Title Company
ORDER NO.: 97507689-75
1. NOTE: The policy of title insurance will include an arbitration provision. The Company or the insured may
demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the
Company and the insured arising out of or relating to this policy, any service of the Company in connection with
its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a
sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions
pertaining to your Title Insurance coverage.
2. NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the
processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at
$45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement
("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of
record, must be included. An example of the required language is as follows:
''The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum of
$45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the
Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing
this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee
of record or the successor Trustee under the Trust Deed to be paid off in full."
In the event that the reconveyance fee and the assignment, release or transfer thereof are not included within
the demand statement, then Pacific Coast Title Company may decline to process the reconveyance and will be
forced to return all documentation directly to the Beneficiary for compliance with the requirements of the revised
statute.
3. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or
association provides a copy of a declaration, governing document or deed to any person, California law requires
that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be
in at least 14-point bold face type and may be stamped on the first page of any document provided or included
as a cover page attached to the requested document. Should a party to this transaction request a copy of any
document reported herein that fits this category, the statement is to be included in the manner described.
4. The Company is not aware of any matters which would cause it to decline to attach the CL TA Endorsement Form
116 indicating that there is located on said Land a COMMERCIAL PROPERTY
Known as:
In the
3056, 3162 CARLSBAD BOULEVARD
CITY of CARLSBAD
County of SAN DIEGO
State of CALIFORNIA
to an Extended Coverage Loan Policy.
5. Matters which may be disclosed by an inspection and/or by a correct ALTN ACSM Land Title Survey of said land
that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof.
An inspection of said land has been ordered; upon its completion the Company reserves the right to except
additional items and/or make additional requirements.
6. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by
the public record.
7. There are NO deeds affecting said land recorded within twenty-four (24) months of the date of this report.
8. NOTE: In compliance with the new RESPA regulations, Pacific Coast Title Company will be averaging recording
fees for Single Family 1-4 Residential properties. Please contact your Title Officer to obtain the current recording
fees. In addition, Pacific Coast Title Company will pay our underwriter 12% of the title premium, as disclosed on
lines 1107 and 1108 of the HUDl.
7 CLTA Preliminary Report Form-Modified (11-17-06)
PR!:LIMINARY REPORT
YOUR REFERENCE: 003966-AC
Pacific Coast Title Company
ORDER NO.: 97507689-75
NOTES {CONTINUED)
WIRE INSTRUCTIONS-EFFECTIVE JANUARY 1, 2011
When funds are wired to this Company, please use the instructions below:
East West Bank ABA (routing number) 322 070 381
1900 Avenue of the Stars Account No: 83232660
Los Angeles, CA 90067 Account Name: Pacific Coast Title Company Trust Account
Please credit Pacific Coast Title Company and reference Title Order number 97507689 to avoid return of
funds .
Funds received by this Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashier's check
or teller's check may be disbursed on the next business day after the day of deposit. If escrow funds (including shortage
checks) are disbursed to this company other than by wire transfer, cashier's check or teller's check, disbursement
and/or closing will be delayed 3 to 7 business days. Questions concerning deposit and/or disbursement of escrow and sub-
escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer.
Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following:
A. We have received confirmation of the respective incoming wire.
B. Collection of a deposited check.
PAYOFF INFORMATION
NOTE: This Company DOES require current beneficiary demands prior to closing. If the demand is expired and a current demand
cannot be obtained, our requirements will be as follows:
If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold
will be over and above the verbal hold the lender may have stipulated.
If this Company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the amended
demand, at the discretion of the escrow.
NOTE: To avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be necessary
that all checks, passbooks, credit cards together with instructions to close the account be submitted to the Company
prior to the close of this transaction.
In order to expedite compliance with the above, please do the following:
Borrower(s):
a) Sign and return the Equity Line/Credit Line Affidavit provided with the report,
a) Request that the account be frozen.
Settlement:
a) Obtain a statement from the lender that no advances have been made after the issuance of the demand for
payoff, and
a) Upon delivery of the payoff check, a full reconveyance must be obtained.
Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed may be
held for up to 10 working days if the above requirements are not met.
NOTE: The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company, a
Nebraska Corporation.
END OF NOTES
Jim Jean/JK
Page 8 CLTA Preliminary Report Form-Modified (11-17-06)
PRELIMINARY REPORT
YOUR REFERENCE: 003966-AC
Pacific Coast Title Company Privacy Statement
Effective Date: Sept. 26, 2011
Pacific Coast Title Company
ORDER NO.: 97507689-75
Pacific Coast Title Company and its subsidiaries (''PCT'') respect the privacy and security of your non-public
personal information (''Personal Information'') and protecting your Personal Information is one of our top
priorities. This Privacy Statement explains PCT's privacy practices, including how we use the Personal Information
we receive from you and from other specified sources, and to whom it may be disclosed. PCT follows the privacy
practices described in this Privacy Statement and, depending on the business performed, PCT companies may
share information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social
security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email
address, Internet Protocol address, the website links you used to get to our websites, and your activity
while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as
information concerning your policy, premiums, payment history, information about your home or other
real property, information from lenders and other third parties involved in such transaction, account
balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit
reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior
authorization. Such laws do not allow consumers to restrict these disclosures.
Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with
services you have requested, and to enable us to detect or prevent criminal activity, fraud, material
misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an
insurance benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil
action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which
we have joint marketing agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in
title whose claim or interest must be determined, settled, paid or released prior to a title or escrow
closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is
reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property
and/or to comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your
transaction with other PCT companies, such as insurance companies, agents, and other real estate service
providers to provide you with services you have requested, for marketing or product development research, or to
market products or services to you. We do not, however, disclose information we collect from consumer or credit
reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless
such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former
customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to
provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard Personal Information.
Page 9 Privacy Statement (Effective Date 09-26-11)
'PRELIMINARY REPORT
YOUR REFERENCE: 003966-AC
Access to Personal Information/
Pacific Coast Title Company
ORDER NO.: 97507689-75
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain
circumstances to find out to whom your Personal Information has been disclosed, and request correction or
deletion of your Personal Information. However, PCT's current policy is to maintain customers ' Personal
Information for no less than your state's required record retention requirements for the purpose of handling
future coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized
signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs
incurred in responding to such requests. Please send requests to:
Changes to this Privacy Statement
Chief Privacy Officer
Pacific Coast Title Company
1111 E. Katella Avenue #120
Orange, CA 92867
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we
amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this
Privacy Statement, as stated herein, indicates the last time this Privacy Statement was revised or materially
changed.
Page 10 Privacy Statement (Effective Date 09-26-11)
.PRELIMINARY REPORT
YOUR REFERENCE: 003966-AC
Notice of Available Discounts
Pacific Coast Title Company
ORDER NO.: 97507689-75
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the
delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this
notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction
may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full description of
the terms, conditions and requirements for such discount. These discounts only apply to transactions involving
services rendered by the FNF Family of Companies. This notice only applies to transactions involving property
improved with a one-to-four family residential dwelling.
FNF Underwritten Title Company FNF Underwriter
CLTC -Commonwealth Land Title Company CLTIC-Commonwealth Land Title Insurance Co.
Available Discounts
FEE REDUCTION SETTLEMENT PROGRAM (CLTC and CLTIC)
Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for
each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State
of California.
DISASTER LOANS (CLTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United
States or the State of California on any land located in said area, which was partially or totally destroyed in the
disaster, will be 50% of the appropriate title insurance rate.
SHORT TERM RATE (CLTIC)
If there is an insured owner and an order for title insurance is placed within sixty (60) months following the
effective date of any prior policy of any title insurer, the charge will be 80% of the appropriate title insurance
rate.
EMPLOYEE RATE (CLTC and CLTIC)
No charge shall be made to employees (including employees on approved retirement) of the Company or its
underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing,
refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized
only in connection with those costs which the employee would be obligated to pay, by established custom, as a
party to the transaction.
Page 11 CA Discount Notice (notdisc-fnt) Effective Date: 1-10-2010
ATTACHMENT ONE (06-04-10)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or
was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding
on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the
insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became
an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,
or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business
laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the
transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state
insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water; whether or not the matters excepted under (a), (b), or (c) are shown by the
public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE {10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes
ordinances, laws and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or
enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building
codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public
Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the
taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy
Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24
or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount
Covered Risk 14: 1.00% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 15: 1.00% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 16: 1.00% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 18: 1.00% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$ 5,000.00
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01-01-08)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01-01-08)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation
concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building
codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the
Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26,
27 or 28.
s. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A
or $2,500.00 (whichever is less)
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A
or $5,000.00 (whichever is less)
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A
or $5,000.00 (whichever is less)
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A
or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$ 5,000.00
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building
codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the
Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26,
27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under
federal bankruptcy, state insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount
Covered Risk 16: 1.00% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1.00% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1.00% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1.00% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$ 5,000.00
Attachment One {06-04-10)
---------~---------
ATTACHMENT ONE (CONTINUED)
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building
and zoning ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at
policy date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge
of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date -unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in
Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A; or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from:
1. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered
Title Risks.
3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This
does not limit the forced removal coverage in Item 12 of Covered Title Risks.
4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
FORMERLY ALTA LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or
was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding
on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became
an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the
lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is
afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,
or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws
of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or
materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is
contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to
advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason
of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of
equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where
the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
FORMERLY ALTA LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
(CONTINUED)
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also
include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or
damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered
Risk6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with
applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction
evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does
not modify or limit the coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also
include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
FORMERLY ALTA OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation
in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or
(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land
has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding
on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became
an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also
include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
public records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or
damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant
became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a
separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or
was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the
Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13,
14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 12, 13, 14, and 16 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of
Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding
on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under
Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy,
or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws
of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction
evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer
credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to
Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or
modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all
interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are
Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,
if the rate of interest is greater as a result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of
Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if
notice of the violation appears in the Public Records at Date of Policy.
Attachment One (06-04-10)
ATTACHMENT ONE (CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (01/01/08)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those related to building and zoning) restricting,
regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered
Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 11,16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with
applicable doing -business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction
evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending
law. 6. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or
modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered
Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or
25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy
in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in
Covered Risk 5 or 6.
Attachment One (06-04-10)
ATTACHMENT ONE {CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY {02-03-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with
applicable doing-business laws of the state where the Land is situated.
s. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction
evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending
law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or
modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered
Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or
25.
a. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of
Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in
Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction creating the lien of the Insured Mortgage, is
(a) A fraudulent conveyance or fraudulent transfer, or
(b) A preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Attachment One (06-04-10)
PACIFIC COAST
T I T l E COMPANY
1111 E. Katella Ave, #120
Orange, CA 92867
(714) 516-6700
TITLE OFACER: Jim Jean
ORDER NO.: 97507689-75
DATE: October 4, 2012 12:17 PM
MARCHO AND MILLICHAP C.C
9255 TOWNE CENTER DRIVE #700
SAN DIEGO, CA 92121
Attn:MARY HEALTH
Your Ref: THE BLUE FAMILY TRUST
TRANSMITTAL
PROPERTY ADDRESS: 3056, 3162 CARLSBAD BOULEVARD
BUYER/BORROWER: THE BLUE FAMILY TRUST
Enclosed please find your Preliminary Report.
Thank you -we appreciate your business!
PHONE: 714-516-6700
EMAIL: jjean@pacificcoasttitle.com
FAX: 714-516-6682
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•
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City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
I ~11111111~11~ 1111111111111111111111111111111111111111111111111111 ~II
Applicant: BARRY & MARY BLUE/BLUE FAMILY TRUST
Set Id: S000003571 I Bluewater
Description Amount
CDP12028 639.00
RP120031 3,211.00
Total: 3,850.00
Receipt Number: R0092856 Transaction ID: T000116259
Transaction Date: 12/21/2012
Pay Type Method Description Amount
Payment Check 1131 3,850.00
Transaction Amount: 3,850.00
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1235601-1 12/21/2012 98
•••
Fri, Dec 21, 2012 03:50PM
Receipt Ref Nbr: R1235601-1/0044
PERMITS -PERMITS
Tran Ref Nbr: 123560101 0044 0050
Trans/Rcpt#: T000116259
SET #: 8000003571
Amount:
Item Subtota 1 :
Item Tot a 1:
ITEM(S) TOTAL:
Check (Chk# 001131)
Total Received:
Have a nice day!
1 @ $3,850.00
$3,850.00
$3,850.00
$3,850.00
$3,850.00
$3,850.00
**t***********CUSTOMER COPY*************
• • ...
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
111111111 ~lllllllll~llllllllllllllll~llllllllllll~ II~ 1111
Applicant: BARRY & MARY BLUETRUST
Description Amount
CUP13004 3,243.75
3056 CARLSBAD BL CBAD
Receipt Number: R0094077 Transaction ID: R0094077
Transaction Date: 03/15/2013
Pay Type Method Description Amount
Payment Check 1143 3,243.75
Transaction Amount: 3,243.75
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1307401-2 03/15/2013 98
" . .
Fri, Mar 15, 2013 04:09PM
Receipt Ref Nbr: R1307401-2/0037
PERMITS -PERMITS
Tran Ref Nbr: 130740102 0037 0037
Trans/Rcpt#: R0094077
SET #: CUP13004
Amount:
Item Subtotal :
Item Total:
ITEM(S) TOTAL:
Check (Chk# 001143)
Total Received:
Have a nice day!
1 @ $3,243.75
$3,243.75
$3,243.75
$3,243.75
$3,243.75
$3,243.75
•
**~***********CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
1111111111111111111111111111111111111111111111111111111111111111
Applicant: PI ARCHITECTURE & DESIGN
Description Amount
RP120031 144.44
3056 CARLSBAD BL CBAD
Receipt Number: R0093143 Transaction ID: R0093143
Transaction Date: 01/15/2013
Pay Type Method Description Amount
Payment Check 144.44
Transaction Amount: 144.44
------......--~----
• '·'
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1301501-2 01/15/2013 98
Tue, Jan 15, 2013 12:38 PM
Receipt Ref Nbr: Rl301501-2/0039
PERMITS -PERMITS
Tran Ref Nbr: 130150102 0039 0043
Trans/Rcpt#: R0093143
SET #: RP120031
Amount:
Item Subtotal :
Item Tot a 1:
ITEM(S) TOTAL:
Check (Chk# 001001)
Total Received:
Have a nice day!
1 @ $144.44
$144.44
$144.44
$144.44
$144.44
$144.44
**************CUSTOMER COPY*************
,',
NOTICE OF EXEMPTION
To: SD County Clerk
Attn: James Scott
From: CITY OF CARLSBAD
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602·4600
~ D liD
Emt'SI J Dronenbu~g. Jr . Recorder Count} 0e
1600 Pacific Highway, Suite 260
PO Box 121750
SEP 16 2013
San Diego, CA 92101 sv v. Orendail
Subject: Filing of this Notice of Exemption is in compliance with Section 211S2b of the Public Resources
Code (California Environmental Quality Act).
Project Number and Title: RP 12-31/CDP 12-28/CUP 13-04-Bluewater
Project Location-Specific: 3056 Carlsbad Boulevard, carlsbad, CA 92008
Project Location • City: ,C"'ar"'ls,.b"'a,d _____ _ Project Location· County: ""Sa"'n"--"'D,ie,g"'o ____ _
Description of Project: Demolition of all existing structures on site and the construction of a 6,637 gross
square foot restaurant with a microbrewerv.
Name of Public Agency Approving Project: ,C,ity"-"'o,_f C,a"'r"'ls"'b"'a"'d _______________ _
Name of Person or Agency Carrying Out Project: A"'-'"us.,t.uin,_,S"'il'-"v,_a ______________ _
Name of Applicant: Barry and Mary Blue
Applicant's Address: 2950 Ocean Street Carlsbad CA 92008
Applicant's Telephone Number: .:_7,;c60"'·'"'7-"2'"-9-'-"S"'1"'0"'1 ___________________ _
Exempt Status: {Check One)
0 Ministerial (Section 21080(b)(1); 15268);
0 Declared Emergency (Section 21080(b)(3); 15269(a));
0 Emergency Project (Section 21080{b)(4); 15269 (b)(c));
[8] Categorical Exemption-State type and section number: In-fill Development (Section 15301) 0 Statutory Exemptions-State code nwmber: ____________________ _
0 General rule (Section 15061(b)(3))
Reasons why project is exempt: The proposed development is consistent with the applicable general
plan and zoning designations, and is on a site of less than five acres that has no value as habitat for
endangered, rare or threatened species. The approval does not result in any significant impacts relating
to traffic, noise. air quality, or water qualitv. The site can be adequately served by all required utilities
and public servioes.
Lead Agency Contact Person: "'A=us,t"'in_,_S"'i""lv"'a'-------Telephone: 760-602-4631
\l>t
DON NEU, City Planner FILeD IN 'l"H!!: Or rivE Or I HE COON I y CLERK
9-IZ.-/.3
Date
Date received for filing at OPR:
San Diego County on S E P 16 2013
Posted S E P 1 6 Z013 Removed
Returned !o agency on ·-----
Deputy V.-OreVHJndw.aa~ilf-111li---Revised 05/13
DEPUlY
«~~ CITY Of
~CARLSBAD
Community & Economic Development
NOTICE OF FINAL ACTION
COASTAL DEVELOPMENT PERMIT
www.carlsbadca.gov
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 COMMISSION ON September 11. 2013
Application #: ,_CD"'-P'--"'12=:-:=2"'8 __________ _ Filing Date: "'12,/..=2"'1'"".2"'0"'12.,__ __________ _
CaseName: ~B~Iu~e~w~a~tEer~------------Decision Date: 9/10/2013
Applicant: Barry & Mary Blue Agent (if different): NA
Address: 2950 Ocean Street Address: "N"'A"'---------------
Phone: 760-729-5101 Phone: "N"'A~--------------
Project Description: Demolition of all existing structures on site and the construction of a 6.637 gross square foot restaurant
with a microbrewe .
Project location: 3056 Carlsbad Boulevard Carlsbad CA 92008
ACTION:
D APPROVED
~ APPROVED WITH CONDITIONS
D DENIED
{Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the
applicant).
COASTAL COMMISSION APPEAL STATUS:
~ NOT APPEALABLE TO THE COASTAL COMMISSION.
0 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 COPs
-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 has been
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 hos 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, California 92008.
0., Planning Division
~ 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
.df~_A CITY OF
VcARLSBAD
•
Community & Economic Development
July 18, 2013
Buck Thompson
627 Bonair Way
La Jolla, CA 92037
PLANNING COMMISSION
NOTICE OF DECISION
SUBJECT: RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
• '""O""Y . t ·J
t ·~-"" r
www.carlsbadca.gov
At the July 17, 2013 Planning Commission meeting, your application was considered. The Commission
voted 6-0 to recommend approval of your request. The decision of the Planning Commission as to RP
12-31 and COP 12-28 (for property located in the V-R zone and Village segment of Local Coastal
Program) is advisory and will be forwarded to the City Council for final approval. The Planning
Commission determination on CUP 13-04 and COP 12-28 (for property located in the R-3 zone and
Mello II segment of the Local Coastal Program) was final at Planning Commission unless a written
appeal to the City Council is filed with the City Clerk within ten (10) calendar days of the Planning
Commission adoption of the decision(s) in accordance with the provisions of Carlsbad Municipal Code
section 21.54.150.
If you have any questions regarding the final dispositions of your application, please contact your project
planner Austin Silva at (760) 602-4631 or austin.silva@carlsbadca.gov.
Sincerely,
DON NEU, AICP
City Planner
DN:AS:bd
c: Data Entry
File
enc: Planning Commission Resolutions No. 7001, 7002, 7003 and 7004
Barry and Mary Blue, 2950 Ocean Street, Carlsbad, CA 92008
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
PLANNING COMMISSION-PUBLIC HEARING
C\TY OF CARLSBAD
JUll 0 2013
PI.ANNING DEPARTMENT
•
NOTICE IS HEREBY GIVEN to you, because .nterest may be affected, that the Planning Commission of the City of Carlsbad will hold lie hearing at the Council Chambers, 1200 Carlsbad VIllage Drive, Carlsbad, California, at 6. p.m. on Wednesday, July 17,2013, to consider ! the following: ·
i 1 l COP 13-04 • LEWIS RESIDENCE -Request for approval of a Coastal Development Permit to al· low for the demolitipn of an existing single-family home and detached garage and the construction of a new 2,488 square foot single-family residence with detached two-car garage on a .14 acre lo1 located at 168 Maple Avenue, within the Mello If Segment of the Local Coastal Program and with· in Local Facilities Management Zone l; The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not hove a significant im·· poet on the environment, and it is therefore categorically exempt from the requirement for the! ------------------/Preparation of enyironmental documents pursuant to Sections ·15301(1)(1) demolition of a single· family residence and 15303 (a) construction of a single family residence of the state CEQA Guide· lines.
STATEOFCALIFORNIA} ss.
County of San Diego}
2) CUP 13-Gl -SD06369 CADENCIA -Request for approval of a Conditional Use Permit to allow for . the continued_9.Per.atiorLD.Lond revi's.ions to an existing Wireless Communication Facility consist-The Understgned, declares under penalty of rng:of Three poner anfenn<:JS houseq Vo!ithln a.foux chlmn.ey on the roofl)f an existing stngledomily
under the laws of the State of California. Tl res1dence and the relocation of ex1stmg e~u1pment ca!>m,ets to a new enclosure at .the .r:ett.!f.IOf the
r_esident of the County of San Diego. Th~t s: ~~~P~~Yd~~;~::i?n~J ~~~t ~~~e~~~~e~!~';e~~~~gf~~0~)~~~~:q':fl~~~~~Tse~~ ffi~n~~iifJr~~ac~~~~gg:
times herein mentioned was a citizen of the United States mental Quality Act (CEQA) per Section 15301, 'Existing Facilities• and Section 15303, "New Con·
of twenty-one years and that he is not a party to nor· te strucJion of Small Strl!ctures.". of the State CEQA Guidelines and will not have any adverse signifi-. ' . • m cant Impact. on the environment. . above entitled matter; that he ts Chief Clerk for the publi: ·
The project is exempt from the California Environmental Quality Act.
The San Diego Union-Tribune-Nort .iDj
a newspaper of general circulation , printed and publisl
City of San Diego, County of San Diego, and whic l1'1l
published for the dissemination of local news and ir Ill. "
general character, and which newspaper at all tht ~~
mentioned had and still has a bona fide subscription
subscribers, and which newspaper has been establish•
published at regular intervals in the said City of San Di ~~
San Diego, for a period exceeding one year next precec · ~ • .,
publication of the notice hereinafter referred to, and whi1 3) RP 13-Gl/RP 13-02 -TRAM PROPERTY -Request for a recommendation of approval for a Mi·
not devoted to nor published for the interests er nor Review Permit to allow for the construction of a mixed-use building consisting of a 733 square · . . . ' · foot one-family dwelling unit above a 359 square foot office .space and approval of a Minor Review mstructton of a parttcular class, professton, trade, Cl Permit (Variance) for two parking standards to allow a one~car garage and one compact sized un·
denomination, or any number of same; that the notict covered parking space rather than the required two-car garage on a .08 acre lot located at 3147
annexed is a printed copy has been published in saic Roosevelt Street. in Distr[c1 5 of the Village ~evi.ew zone pnd within Locpl Facilities Manag~ment
d .th th . '. f th Zone 1. The Pr01ect qualifies as a CEQA Gu1delmes Sect1on 15332 (In-Fill Development Pro1ectsl accor ance wt e mstructtons o e person(s) requesti Closs 32 Categorical Exemption.
and not in any supplement thereof on the following dates,
July ost\ 2013
4) RP 12-31/CDP 12-28/CUP 13.04-BLUEWATER -Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit, and approval of a Conditional Use Per-mit and Coastal Development Permit to allow for the demolition of all existing structures on site and the construction of a 6,637 gross square foot restaurant with a 1microbrewery and 22 space parking lot on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the VII· loge Review Zone and the R-3 zone in Local Facilities Management Zone 1. The pr.oiect qualifies ---1r-C-h-. -1-C-----------as a CEQ4 Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemp-ze lerk for the Publisher tion.
Jane Allshouse The project is exempt from the California Environmental Quality Act ..
On this ost\ day of July, 201
5) CUP 12-GS/CUP 12-06-ALPS INNOVATION STAYBRIDGE SUITES AND ALPS INNOVATION HOLIDAY INN-Request for a determination that the project is within the scope of the previously certified Bressi Ranch Moster Plan Program EIR and that the Program EIR adequately de-scribes the activity for the purposes of CEQA; and the approval of two Conditional Use Permits for the construction and operation of a 106-room hotel and a 133-room hotel on a vacant' previously graded 9.19 acre site, generally located south of Palomar Airport Road, east of Innovation Way, and west of Colt Place, within Planning Area 4 of the Bressi Ranch MQster Plan and the Local Fa-
cilities Monogement.zone 17.
Staff has analyzed the project and has concluded that no POtentially significant impacts would re-sult with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Bressi Ranch Moster Plan MP 178 (EIR 98-04), doted July 9, 2002.
If you challenge these projects in court, you may be 'limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence de-livered to the City of Carlsbad at or prior to the public hearing.
Copies of the environmental documents are available at the Planning Division at 1635 Faraday
Avenue during regular business hours from 7:30 om to 5:30 pm Monday through Thursday and ""·""' -----.... _ ,._,..,.. --... _: .... -~. .
·~· ~CARLSBAD •
Community & Economic Development
NOTICE OF PUBLIC HEARING
• a FILE
www.carlsbadca.gov
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, July 17,
2013, to consider a request for the following:
CASE NAME: RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
PUBLISH DATE: July 5, 2013
DESCRIPTION: Request for a recommendation of approval of a Major Review Permit and Coastal Development
Permit, and approval of a Conditional Use Permit and Coastal Development Permit to allow for the demolition of
all existing structures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery
and 22 space parking lot on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village
Review Zone and the R-3 zone in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines
Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide
the decision makers with any oral or written comments they may have regarding the project. Copies of the staff
report will be available online at http://www.carlsbadca.gov/services/departments/planning/Pages/agendas-
minutes-and-notices.aspx on or after the Friday prior to the hearing date.
If you have any questions, or would like to be notified of the decision, please contact Austin Silva in the Planning
Division at (760) 602-4631, 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.
o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed
in writing within ten (10) calendar days after a decision by the Planning Commission.
o Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area.
[g)
[g)
This site is not located within the Coastal Zone Appealable Area.
Application deemed complete: April15, 2013
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission
within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will
conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San
Diego, California 92108-4402.
CITY OF CARLSBAD
PLANNING DIVISION
• · · ... Planning Division ~»·--------------------------------------------------------------------. :. · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• CITY Of CARL~
APR 08 2013 t
PLANNING ut:.PARTM~~1 ATTACHMENT "2"
CERTIFICATION lNG
I certify that the "Notice of Project Application" has been posted at a conspicuous location on
the site on I( Is /;.3
(DATE)
SIGNATURE: ---""i~~::...I!:·3::<Lq. ______ _
PROJECT NAME: 91V£WJ41CN -.J?&.ff~Uif'/Mii f /J1KI<'o-p2£W~f2..~
PROJECT NUMBER: RP 12-31/eo,P /1·1~./euP !S-c:J4(
RETURN TO: .fo.snu /i/Yt:<,
(Planner)
P-21
CITY OF CARLSBAD
PLANNING DIVISION
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Page 4 of 6 Revised 07/10
~~-~---~--------------1
(t~ CITY OF • • FILE COPY
1·;)9·1-3
¥CARLSBAD
Community & Economic Development www.carlsbadca.gov
I EARLY PUBLIC NOTICE
PROJECT NAME: Bluewater
PROJECT NUMBER: RP 12-31/CDP 12-28
This early public notice is to let you know that a development application for a Major
Review Permit and Coastal Development Permit project within your neighborhood has
been submitted to the City of Carlsbad on December 21, 2012. The project application
is undergoing its initial review by the City.
LOCATION: 3056 Carlsbad Boulevard
PROJECT DESCRIPTION: Request to allow for the construction of a 5,023 square foot
restaurant and microbrewery with onsite parking.
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 Austin Silva, Assistant Planner at
austin.silva@carlsbadca.gov, 760-602-4631, City of Carlsbad Planning Division, 1635
Faraday Avenue, Carlsbad, CA 92008.
I
· · · .. Planning Division ~~·~~~----------------------------------------------------S.,:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
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(Endors(-3ment i1···~1J! ed) :;2 RP 1.2-~1/--c:oP /IJ /ItS
[]""" Totat Pastas California Coastal Commission
ru sentro Attn: Kanani Brown
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Cl or PO Box No
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Suite 103
7575 Metropolitan Drive
San Diego, CA 92108--4402
• & • • •
•
1/10/2013
From: Matthew Thompson, GIS Engineer
4144 Saddlewood Rd
Elizabeth, CO 80107
RE: 600' Radius Map, Ownership List & Mailing Labels
•
Precision GIS Services
4144 Saddlewood Rd
Elizabeth, CO 801 07
PrecisionGisServices.com
Phone: 303-646-0747
I, Matthew Thompson, hereby certify that the attached list contains the names and addresses of all
persons to whom property is assessed as they appear on the latest available assessment roll of the
County of San Diego within the area described and for a distance of six hundred (600) feet from the
exterior boundaries of property legally described as:
All that certain real property situated in the County of San Diego, State of California, described as
follows:
APN: 203-250-28 and 203-250-29
I certify (or declare under penalty of perjury under the laws of the State of California) that the foregoing is
true and correct.
1/10/2013
Dated
•
1/10/2013
From: Matthew Thompson, GIS Engineer
4144 Saddlewood Rd
Elizabeth, CO 80107
RE: 1 00' Radius Map, Ownership List & Mailing Labels
•
Precision GIS Services
4144 Saddlewood Rd
Elizabeth, CO 80107
PrecisionGisServices.com
Phone: 303-646-0747
I, Matthew Thompson, hereby certify that the attached list contains the names and addresses of all
persons to whom property is assessed as they appear on the latest available assessment roll of the
County of San Diego within the area described and for a distance of one hundred (100) feet from the
exterior boundaries of property legally described as:
All that certain real property situated in the County of San Diego, State of California, described as
follows:
APN: 203-250-28 and 203-250-29
I certify (or declare under penalty of perjury under the laws of the State of California) that the foregoing is
true and correct.
1/10/2013
Dated
• •
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
"RP /~-3( '"f>\LLQ\1\rttfe.,v-
DATE: 1/10/2013
Matthew Thompson
RECEIVED BY
DATE: I ~ I Ll-} ~
P-21 Page 3of6 Revised 07/10
09
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• • •
May 9, 2013
TO: Austin Silva, Assistant Planner
Chris DeCerbo, Principal Planner
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect
RE: Landscape Architectural Review-Conceptual Review-3rd Review
Bluewater, RP 12-31, CDP 12-28
Carlsbad Boulevard
MELA file: 477-Bluewater-Con3
Landscape Architect: Darsono Design Associates, Phone: (858) 541-2007
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements of the City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the
area of the comment concern.
REPEAT COMMENTS
1-3 Completed.
4. Please show and label all vehicular sight lines, including intersection site distance
corridors (see Figures 3-A and 3-B) and CalTrans sight distance standards (i.e.: stopping
sight distance). Coordinate with the civil engineer to show and label this information on
the conceptual landscape plans. 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. At medium to high use
driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the
apron outward along the curb, then 45 degrees in toward the property. Coordinate tore-
work site plan as appropriate eliminating any conflicting site features within this sight
triangle. 2nd Review: Please also show the vehicular sight line per the civil plans and
insure no conflicts. Please note that 'Sundowner' grows 5' to 6' tall and is in a 2' high
raised planter. Revise as appropriate. Check all other plants located within the sight
lines includin§ those shown on the civil plans and insure the 30 inch height limitation is
addressed. 3r Review: The 25' triangular sight lines have been deleted from the plans.
Please show and label both the 25' triangular sight lines and the sight lines per the civil
plans and insure no conflicts per above requirements.
5-12 Completed.
13. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements ofunsightliness and screen/soften new improvements. Landscaping
shall be used to accentuate and enhance architecture. Landscaping to include taller
plantings such as trees, palms or green trellis is needed along the north, east and west
sides of the building to soften and enhance these elevations. Please address. 2nd Review:
Please provide minimum 15 gallon size Pyrus along the west elevation. Provide a
separate symbol for the Star Jasmine in the legend. The comment has not been addressed
along the north and east elevations. Please address all areas. 3rd Review: The plan north
Bluewater
Conceptual Plan Review
• May 9, 2013
Page2
arrow has been changed revising the former east elevation to now be the south elevation.
Please provide landscaping to include taller plantings such as trees, palms or green
trellis along the south side of the building to soften and enhance this elevation as
required by the Landscape Manual.
14-18 Completed.
19. Deleted per Austin Silva
20-21 Completed.
22. RETURN RED LINES and provide 2 copies of all plans (concept, water
conservation, and colored water use plan) on the next submittal.
1A-2A Completed.
• 9 . . .
. •
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
DiscE:etionary Review Checklist
PROJECT NUMBER: RP 12-31 I COP 12-28
BUILDING ADDRESS: -=3:...:0-=-56.:....=-C:....:.A:...:.RL=S=-=B::.:...A=D-=B=-=L~----------------
PROJECT DESCRIPTION: NEW RESTAURANT AND MICRO BREWERY
ASSESSOR'S PARCEL NUMBER: 203-250-29-00/203-250-28-00
FIRE DEPARTMENT
The item you have su mitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this rep0rt can
result in suspension of permit to build.
By: G. Ryan Date: 04.22.2013
RP 12-31 BLUEWATER.docx
ATTACHMENTS
COMMENTS
DENIAL
Please see the attached report of deficiencies marked with
00. Make necessary correctio, iS to plans or specifications
for compliance with applicable codes and standards.
Submit corrected plans and/or specifications to this office
for review.
By: Date: --------
Date: ---------By:
By: Date: ----------
FIRE DEPARTMENT CONTACT PERSON
NAME: Gregory Ryan
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
Page 1 of 2
1STr
OK
2NDr;J 3RDr-:
D D
REVIEW CHECKLIST •
1. Access:
OK Fire Department access inadequate. Provide fire access ro<;~d in accordance
with CMC 17.04.010. This access Shall provide an unobstructed width of 24
feet, and a unobstructed vertical cl~arance or "clear-to-sky".
OK Dead-End access. Dead-end streets, aisles and driveways in excess of 150
linear feet shall be constructed in such a manner that fire apparatus can
maneuver to reverse direction on the road. Or must provide appropriately
designed turn-around.
OK Fire Acr.:gss Road surface. The surface of all fire s~partment access routes
shall be of an impervious "all-weather'' surface material, designed to carry a
minimum load of 75,000 pounds axel weight.
OK Fire Lanes. If fire lanes are designated they shall become the responsibility of
the developer to have said access restrictions recorded, that the owner is
responsible to provide and maintain to identify and ensure enforcement of
those designated access.
WATER IMPROVeMENT
1. Hydrants
OK Additional on-site public water mains and fire hydrants are required.
OK Provide additional fire hydrants at intervals of 3GO~ feet along public streets
and/or private driveways. Hydrants should be located at street intersections
when possible, but no closer than 100 feet from the terminus of a street or
driveway.
FIRE PROTECTION SYSTEMS
1. Fire Protection systems required for this project include but are not limited to
the following:
OK An NFPA 13 fire sprinkler system for an Ordinary Group 2 Hazard shall be
installed.
OK A full occupant notification Fire Alarm system shall be installed in accordance
with NFPA 72.
OK Shall provide a room that is accessible from the exterior along a common
paved path to house the fire sprinkler riser. You may also provide additional
space for the Fire Alarm Control Panel and Telephone board if so desired.
OK Plans shall indicate the proposed location of the Back-flow Prevention (DCDA
or RPDA) device. This device is prohibited from being placed in any sub-
grade ~tructure such as a vault.
Page 2 of 2
~<~~' CITY OF
'¥CARLSBAD • •
Memorandum
April 9, 2013
To: Austin Silva, Project Planner
From: Steve Bobbett, Project Engineer
Via: Glen Van Peski, Engineering Manager
Re: RP 12-31/ COP 12-28 BLUEWATER
COMPLETENESS & ISSUES REVIEW
Land Development Engineering (LDE) staff has completed a second 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 identified in the first
review, that were not sufficiently addressed in the resubmittal, and that need to be resolved
prior to resubmittal:
1.
2.
3.
4.
5.
Please include a legend on sheet C-1 to indicate the type of surface associated with each
pattern, i.e. dot or hatch. Are pervious pavers indicated on sheet A.1 consistent with
the dot pattern? The dot pattern is shown on sheet C-1 both as a parking and driveway
surface as well as in landscape and BMP areas.
The preliminary SWMP does not indicate that the treatment BMP areas are lined
therefore it is necessary to determine if the underlying soil will infiltrate the proposed
runoff in compliance with the SUSMP. Submit a preliminary soils report addressing the
subgrade's ability to meet rainfall infiltration criteria.
Plot intersection sight distance at the driveway entrance per Topic 405 of California
Department of Transportation Highway Design Manual on the site plan and the
landscape plans. Sheet C-1 shows the correct sight distance layout. Remove any
obstructions, including landscaping 30 inches or higher, that will interfere with driver
visibility.
Please clarify if the dashed lines within the parking area represent the 45' bus swept
width and tracking width turning template per Figure 404-5F of California Department
of Transportation Highway Design Manual. If so, identify the linework as representing
the wheel path or the swept path of the vehicle bumper.
Please provide distances from the existing fire hydrants to the proposed structure.
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
RP 12-31
Bluewater
April 9, 2013
Page 2
• ---------------------------~ •
6. Expand the preliminary SWMP to address all elements required of a SWMP. A sample
table of contents is included for your reference. Include a specific description of the
drainage facilities presumed to exempt this project from hydromodification
requirements. Include a map or sketch showing the route of the 150' of curb and the
'maybe' 300 feet of storm drain pipe with pipe size. The determination matrix requires
that the system has the capacity for the ultimate Q10. Include calculations to evaluate
the capacity of the downstream drainage facilities.
7. Revise the diameter ofthe proposed sewer connection to 6".
8. Relocate the proposed water service and meter box out of the driveway.
9. Sheet A.1 dimensions the driveway width as 20' but apparently includes the flush curb
on each side shown on sheet C-1 to achieve this width. Please clarify.
Additional issues or comments may be identified during subsequent reviews. If you or the
applicant has any questions, please either see or contact me at extension 2747.
Steve Bobbett. P .E.
Associate Engineer
Land Development Engineering
• • CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: MARCH 18, 2013
PROJECT NO(S): RP 12-31/CDP 12-28/CUP 13-04 Q i2 didUIJJ.. REVIEW NO: J2~~~
PROJECT TITLE: BLUEWATER --------------------------------------------------~
APPLICANT: PI ARCHITECTURE & DESIGN/BUCK THOMPSON
TO: ~
D
~ ..
D
D
D
~
D
D
D
D
D
Land Development Engineering-Steve Bobbett
Police Department-J. Sasway
Fire Department-Greg Ryan
Building Department-Will Foss
Recreation -Mark Steyaert
Public Works Department (Streets)-Nick Roque
------------------Water/Sewer District
Landscape Plancheck Consultant-PELA
____________ .School District
North County Transit District-Planning Department
Sempra Energy-Land Management
Caltrans (Send anything adjacent to 1-5)
Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
Please review and submit written comments and/or conditiggs tg the pLANNING TRACKING DESK
in the Planning Division at 1635 Faraday Avenue, by 4/8/13. If you have "No Comments," plea~
so state. If you determine that there are items that need to be submitted to deem the
application 11COmplete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
/ Signature 1 Date
PLANS ATIACHED
Review & Comment 12/12
1\iS
.... •
March 21, 2013
TO:
FROM:
RE:
Austin Silva, Assistant Planner
Chris DeCerbo, Principal Planner
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
Michael Elliott, City of Carlsbad's Contract Landscape Architect
Landscape Architectural Review -Conceptual Review -2nd Review
Bluewater, RP 12-31, CDP 12-28
Carlsbad Boulevard
MELA file: 477-Bluewater-Con2
Landscape Architect: Darsono Design Associates, Phone: (858) 541-2007
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements of the City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the
area of the comment concern.
REPEAT COMMENTS
1-3 Completed.
4. Please show and label all vehicular sight lines, including intersection site distance
corridors (see Figures 3-A and 3-B) and CalTrans sight distance standards (i.e.: stopping
sight distance). Coordinate with the civil engineer to show and label this information on
the conceptual landscape plans. The plan shall demonstrate that plants, when installed
and at maturity, will be positioned to avoid obstructing motorists' views ofpedestrian
crossings, driveways, roadways and other vehicular travel ways. At medium to high use
driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the
apron outward along the curb, then 45 degrees in toward the property. Coordinate tore-
work site plan as appropriate eliminating any conflicting site features within this sight
triangle. 2nd Review: Please also show the vehicular sight line per the civil plans and
insure no conflicts. Please note that 'Sundowner 'grows 5' to 6' tall and is in a 2' high
raised planter. Revise as appropriate. Check all other plants located within the sight
lines including those shown on the civil plans and insure the 30 inch height limitation is
addressed
5-7 Completed.
8. Please provide a conceptual elevation for the proposed fencing and walls indicating
materials/finishes and heights. 2nd Review: The applicant has responded: "Conceptual
elevation of fencing to be provided by the Architect. " The detail provided on the
architectural plans indicates only that the fence is a "Decorative Fence". Please
indicate materials and finishes.
9. Please C*plaiR·.vhy the existisg ')lashiRgtoRia robusta palms are beiRg removed. The
Landscape Manual indicates that landscaping shall enhance and be compatible with the
positive character of existing neighborhoods and Carlsbad as a whole. There are maey
other 'NashiRgtoRia robusta ifl this area. MaintaiRisg/protectiRg the C*isting palms ·.vould
be more compatible ·.vith the existiRg neighborhood. Please Rote that flO additioRal
' • Bluewater
Conceptual Plan Review
• March 21, 2013
Page2
Washingtonia robusta aTe to be incorporated as this palm is no>vv listed as an invasive
species. Where additional palms are provided it is recommended that Queen Palm be
used in order to be compatible with those used on the opposite side of Carlsbad Blvd.
See comment #17 belmN.
1 0. Include a statement on the plans signed under penaky of perjury by the person ·.vho
prepaTed the plan that provides:
"I am familia£ ·.vith the requirements for landscape and irrigation plans contained in the
City of CaTlsbad' s \Vater Efficient Landscape Regulations. I understand that construction
drawings are to be prepaTed in compliance with those regulations and the Landscape
Manual. I certify that the plans ·.viii be prcpaTed implementing those regulations to
provide efficient use of water." 2nd Review: Please sign the statement.
11. Completed.
12. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/ soften new improvements. Please provide
wall vines to soften/screen the wall and trash enclosure. 2nd Review: Please provide 3
vine pockets along the rear wall as shown and include wall vines that will self attach (i.e.
fig Vine, Boston Ivy, Cat 's Claw, Red Trumpet Vine, etc.). Insure wall footings will not
conflict with planter pocket.
13. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements ofunsightliness and screen/soften new improvements. Landscaping
shall be used to accentuate and enhance architecture. Landscaping to include taller
plantings such as trees, palms or green trellis is needed along the north, east and west
sides of the building to soften and enhance these elevations. Please address. 2nd Review:
Please provide minimum 15 gallon size Pyrus along the west elevation. Provide a
separate symbol for the Star Jasmine in the legend. The comment has not been addressed
along the north and east elevations. Please address all areas.
14-17 Completed.
18. Street trees shall be located a minimum of seven feet from any sewer line; in areas that do
not conflict with public utilities; and outside of sight distance areas. Please insure these
requirements are met. 2nd Review: Insure the palms are located outside of the vehicular
sight lines as shown on the civil plans.
19. A perimeter landscape border of at least eight (8) feet in width (exclusive of curbs) shall
be provided around each outdoor/at grade parking area unless the Zoning Ordinance or
other governing document specifically provides otherwise. The perimeter landscaped
border (between property lines and parking areas) may include any landscaped yard,
setback, or landscaped area otherwise required within the property and shall be
continuous except for required access points. A perimeter landscape border is not
required between a parking lot and building. The planting within the perimeter landscape
border is not counted towards the 3% landscape requirement for parking lots. Please
address. 2nd Review: The applicant has responded: "Information from Architect
calculations provided." This does not address the comment. Please address.
20-21 Completed.
22. RETURN RED LINES and provide 2 copies of all plans (concept, water
conservation, and colored water use plan) on the next submittal
"' . ~ • Bluewater March 21, 2013
Page 3 Conceptual Plan Review
NEW COMMENTS
1 A. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees
pertaining to this requirement shall be located within the parking area, exclusive of
parking lot setbacks. The trees shall be located in close proximity to the spaces they
are to shade. Please address.
2A. Please identify the "B" ground cover in the legend.
• •
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: ....:R....:..::P__:_:12=--3=--1:.....;./-=C:...::D:...:..P_1=2:.....:-2:...::8 ________________ _
BUILDING ADDRESS: 3056 CARLSBAD BL ~~~~--~------------------------------------------------
PROJECT DESCRIPTION: NEW RESTAURANT AND MICRO BREWERY
ASSESSOR'S PARCEL NUMBER: 203-250-29-00/203-250-28-00
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: Date:
RP 12-31 BLUEWATER.docx
ATTACHMENTS
COMMENTS
DENIAL
Please see the attached report of deficiencies marked with
1:&:1. Make necessary corrections to plans or specifications
for compliance with applicable codes and standards.
Submit corrected plans and/or specifications to this office
for review.
Date: 1.29.2013
By: Date: ---------------
By: Date: ---------------
FIRE DEPARTMENT CONTACT PERSON
NAME: Gregory Ryan
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
Page 1 of 2
1 sTr~
0
1ST."
0
• REVIEW CHECKLIST • SITE PLAN
1. Access:
0 Fire Department access inadequate. Provide fire access road in accordance
with CMC 17.04.010. This access shall provide an unobstructed width of 24
feet, and a unobstructed vertical clearance or "clear-to-sky".
0 Dead-End access. Dead-end streets, aisles and driveways in excess of 150
linear feet shall be constructed in such a manner that fire apparatus can
maneuver to reverse direction on the road. Or must provide appropriately
designed turn-around.
0 Fire Access Road surface. The surface of all fire department access routes
shall be of an impervious "all-weather" surface material, designed to carry a
minimum load of 75,000 pounds axel weight.
0 Fire Lanes. If fire lanes are designated they shall become the responsibility of
the developer to have said access restrictions recorded, that the owner is
responsible to provide and maintain to identify and ensure enforcement of
those designated access.
WATER IMPROVEMENT
1. Hydrants
0 Additional on-site public water mains and fire hydrants are required.
0 Provide additional fire hydrants at intervals of 300 feet along public streets
and/or private driveways. Hydrants should be located at street intersections
when possible, but no closer than 100 feet from the terminus of a street or
driveway.
FIRE PROTECTION SYSTEMS
1. Fire Protection systems required for this project include but are not limited to
the following:
0 An NFPA 13 fire sprinkler system for an Ordinary Group 2 Hazard shall be
installed.
0 A full occupant notification Fire Alarm system shall be installed in accordance
with NFPA 72.
~ Shall provide a room that is accessible from the exterior along a common
paved path to house the fire sprinkler riser. You may also provide additional
space for the Fire Alarm Control Panel and Telephone board if so desired.
0 Plans shall indicate the proposed location of the Back-flow Prevention (DCDA
or RPDA) device. This device is prohibited from being placed in any sub-
grade structure such as a vault.
Page 2 of 2
• & . .
. . •
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: RP 12-31/ COP 12-28
BUILDING ADDRESS: .....:3:.::0~56=-=CA:....::R:...:.:L=.:S::.=B::..A:.=.D-=B:.::L:..__ _______________ _
PROJECT DESCRIPTION: NEW RESTAURANT AND MICRO BREWERY
ASSESSOR'S PARCEL NUMBER: 203-250-29-00/203-250-28-00
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
ATTACHMENTS
COMMENTS
By:
By:
DENIAL
Please see the attached report of deficiencies marked with
[g). Make necessary corrections to plans or specifications
for compliance with applicable codes and standards.
Submit corrected plans and/or specifications to this office
for review.
Date: 1.29.2013
Date: -------
-------Date:
FIRE DEPARTMENT CONTACT PERSON
NAME: Gregory Ryan
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
Page 1 of 2
• REVIEW CHECKLIST • SITE PLAN
1. Access:
0 Fire Department access inadequate. Provide fire access road in accordance
with CMC 17.04.010. This access shall provide an unobstructed width of 24
feet, and a unobstructed vertical clearance or "clear-to-sky".
0 Dead-End access. Dead-end streets, aisles and driveways in excess of 150
linear feet shall be constructed in such a manner that fire apparatus can
maneuver to reverse direction on the road. Or must provide appropriately
designed turn-around.
I Fire Access Road surface. The surface of all fire department access routes
shall be of an impervious "all-weather'' surface material, designed to carry a
minimum load of 75,000 pounds axel weight.
I Fire Lanes. If fire lanes are designated they shall become the responsibility of
the developer to have said access restrictions recorded, that the owner is
responsible to provide and maintain to identify and ensure enforcement of
those designated access.
WATER IMPROVEMENT
1. Hydrants
0 Additional on-site public water mains and fire hydrants are required.
\1 Provide additional fire hydrants at intervals of 300 feet along public streets
and/or private driveways. Hydrants should be located at street intersections
when possible, but no closer than 100 feet from the terminus of a street or
driveway.
FIRE PROTECTION SYSTEMS
1. Fire Protection systems required for this project include but are not limited to
the following:
I An NFPA 13 fire sprinkler system for an Ordinary Group 2 Hazard shall be
installed.
I A full occupant notification Fire Alarm system shall be installed in accordance
with NFPA 72.
I Shall provide a room that is accessible from the exterior along a common
paved path to house the fire sprinkler riser. You may also provide additional
space for the Fire Alarm Control Panel and Telephone board if so desired.
I Plans shall indicate the proposed location of the Back-flow Prevention (DCDA
or RPDA) device. This device is prohibited from being placed in any sub-
grade structure such as a vault.
Page 2 of 2
\r-r . . . ·f~ \ a-\ ~d£ •(i)· ~~· CITY OF · -~-: . CARLSBAD
Police Department
Date: Dec.28,2012
•
To: Planning Track Desk, Planning Department
•
From: Jodee Sasway, Crime Prevention Specialist and Public Information Officer, Police
Subject: Blue Water Restaurant-RP 12-31/CDP 12-28
Plan Review Recommendations
www.carlsbadca.gov
Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security
recommendations. The purpose of this document is to safeguard property and public welfare by regulating and
reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all
buildings and structures. The standards used in this document represent model national standards.
Crime Prevention through Environmental Design
The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of
crime and an improvement in the quality of life. The proper design influences this by positively affecting human
behavior. The design includes the physical environment, the planned behavior of people, the productive use of
space and an effective crime/loss prevention program.
Natural Surveillance
1. Place and design the physical features to maximize visibility. This will include building orientation,
windows, entrances and exits, parking lots, walkways, landscape trees and shrubs, fences or walls, signage
and any other physical obstruction.
2. Design the placement of person and or activities to maximize surveillance possibilities.
3. Design lighting that provides for appropriate nighttime illumination of parking lots, walkways, entrances
and exits.
4. Use caution so that the surveillance of covered walkways is not obstructed.
Natural Access Control
1. Use sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and
exits.
2. Use fences, walls or landscaping to prevent and or discourage public access to or from dark and or
unmonitored areas.
Provisions for territorial reinforcement
1. Use pavement treatments, landscaping, art, signage, screening and fences to define and outline
ownership or property.
Maintenance
1. Use low-maintenance landscaping and lighting treatment to facilitate the principles of natural
surveillance, natural access control and territorial reinforcement.
Lighting
«~~ 1. All types of exterior doors should be illuminated during the hours of darkness, with a minimum
~ 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473
• •
maintained one (1) foot-candle of light, measured within a five-foot radius on each side of the door at
ground level.
2. Recessed areas of buildings or fences, which have a minimum depth of two feet, a minimum height of five
feet, and do not exceed six (6) feet in width and are capable of human concealment, should be illuminated
with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This
recommendation applies to defined recessed areas, which are within six feet of the edge of a designated
walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a
minimum of two (2) feet in height.
3. All exterior pedestrian walkways, interior common corridors, and open parking lots should be illuminated
with a minimum maintained one (1) foot-candle of light on the walking or driving surface during the hours
of darkness.
4. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing
species. Only basic ground cover, including but not limited to hedges and shrubs, should be used.
5. The parking and drive surface lighting should have a rated average bulb life of not less than 10,000 hours.
6. Accessible luminaries should have vandal resistant light fixtures and be not less than three feet in height
from ground level when used to illuminate walkways and a minimum of eight feet in height from ground
level when illuminating surfaces associated with vehicles. Light fixtures should be deemed accessible if
mounted within fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining
roof, balcony, landing, treads, platform or similar structure.
Landscaping
1. To provide greater visibility, demonstration of ownership (territorial reinforcement), an enhanced
pedestrian environment, and a suitable buffer with the adjoining properties, the basic landscaping theme
should consist of low ground cover with a maximum height of 2 feet and canopy trees with a minimum
lower canopy of 6 feet.
2. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing
species. Only basic ground cover, including but not limited to hedges and shrubs, should be used.
3. Use security landscaping in areas to deter loitering or entrance where pedestrians are not wanted.
Addressing
1. Numerals should be located where they are clearly visible from the street on which they are addressed.
They should be of a color contrasting to the background to which they are affixed.
2. Numerals should be no less than six inches in height, if located less than 100 feet from the centerline of
the addressed street or 12 inches in height if placed further than 100 feet from the centerline of the
addressed street.
3. The numerals should be illuminated during the hours of darkness.
4. The rear doors of all building should have address numbers not less than six inches in height and be of a
color contrasting to the background to which they are affixed.
Doors
1. Use hollow steel doors that are a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to
maintain the designed thickness of the door when any locking device is installed.
2. Use only glass doors with fully tempered glass or rated burglary resistant glazing. Protect all exterior doors
with security hardware.
3. Equip all doors with a latch cover constructed of steel. Ensure the latch cover is a minimum of .125 inch
thick. Attach the latch cover to the outside by welding or with non-removable bolts spaced apart on not
more than ten-inch centers.
4. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of pressure in both a
vertical distance of three inches and horizontal distance of one inch each side of the strike, to prevent
violation of the strike.
5. Equip rear doors used for shipping and receiving, and employee entrances with a viewer.
6. Equip a single or double door with a double cylinder deadbolt with a bolt projection exceeding one inch or
a hook-shaped or expanding dead bolt that engages the strike sufficiently to prevent spreading. The
• •
deadbolt lock shall have a minimum of five-pin tumblers and a cylinder guard.
Windows
1. Equip movable windows with security hardware and burglar resistant glazing.
2. Cover other vulnerable non-movable windows with burglar resistant glazing. Windows of commercial
buildings are vulnerable to breakage during the hours of darkness when the business is non-operational
especially windows within 40 inches of any door locking mechanism
3. Glaze should be constructed of either two part laminated glazing with a 0.60 inch inner layer or burglary
resistant glazing.
Elevators
1. Elevator cabs with interiors that are not completely visible when the door is open from a point centered
on and 36 inches away from the door, shall have shatter resistant mirrors or other equally reflective
material so placed as to make visible the entire elevator cab from this point.
2. The elevator cab should be illuminated at all times with a minimum maintained two foot-candles of light
at floor level.
Roofs
1. All skylights on the roof of any building should be provided with rated burglary resistant glazing material
securely fastened with bolts that are non-removable from the exterior.
2. All hatchway openings on the roof of any building should be secured as follows:
a. If the hatchway cover is of wooded material, ft should be covered on the inside with at least
sixteen (16) gauge steel metal or its equivalent and attached with screws.
3. All air duct or air vent opening exceeding ninety-six (96) square inches on the roof, exterior doors, or
exterior walls of any building should be secured by covering the same with the following:
a. Iron bars of a least number four (4) steel or equivalent, spaced no more that five (5) inches apart
on center, at each direction, welded at all point of intersection, or one by one-fourth (1 X~) inch
flat steel or equivalent, spaced no more the five (5) inches apart on center, welded at all points of
intersection.
Alarm Systems
1. When considering an alarm system, the police department recommends a "verified system" in an effort to
eliminate false alarm activations and increase breach detection. A verified system is verified through
audio or visual components.
2. If considering electronic assess as a security feature, consider managed electronic access.
This information is a representation of information gathered on a national level. The purpose is to provide
effective and consistent information. If you would like additional assistance concerning building security or
employee security issues, please contact the Crime Prevention Unit at (760) 931-2105.
Reviewed by:
Jodeene R. Sasway
Crime Prevention Specialist
Carlsbad Police Department
,.
~ (~~ CITY OF
¥'CARLSBAD • •
Memorandum
January 9, 2013
To: Austin Silva, Project Planner
From: Steve Bobbett, Project Engineer
Via: Glen Van Peski, Engineering Manager
Re: RP 12-31/ COP 12-28 BLUEWATER
COMPLETENESS & ISSUES REVIEW
Land Development Engineering (LDE) staff has completed a review of the above-referenced
project for application completeness. The application and plans submitted for this proposed
project are incomplete at this time. Below is a list of engineering issues that need to be
resolved prior to resubmittal:
1. Review Planning Application P-2 and include all required information on the site plan.
2. Add the proposed grading plan sheet as a sheet of the site plan.
3. Submit a preliminary soils report addressing the pervious pavement's structural section
and the subgrade's ability to meet rainfall infiltration criteria proposed by the
preliminary SWMP.
4. Plot intersection sight distance at the driveway entrance per Topic 405 of California
Department of Transportation Highway Design Manual. Remove any obstructions,
including landscaping 30 inches or higher, that will interfere with driver visibility.
5. Plot the 45' bus swept width and tracking width turning template per Figure 404-5F of
California Department of Transportation Highway Design Manual. Refuse disposal
vehicles must turn around on site and not back into Carlsbad Bouldvard.
6. Plot the easement identified in Item No. 2 of the Preliminary Title Report dated
September 27, 2012. Identify the existing right of way for Carlsbad Boulevard.
7. Obtain Planning and Building Division approval for inclusion ofthe ADA pathway within
the driveway width.
8. Show the location of any existing fire hydrants within 300' of the project site and any
proposed fire hydrants.
9. Show any proposed public water line extensions. Any public line extensions and fire
hydrants should be located in easements with a minimum width of 20'.
~ Community & Economic Development '1P 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
RP 12-31 ~ Bluewater
January 9, 2013
Page 2
• •
10. Expand the discussion in the preliminary SWMP regarding this project's proposed
exemption from hydromodification requirements. Complete and include Figure 2-1
HMP Applicability Determination flowchart [page 30 of the city SUSMP]. Specifying the
location and type of stabilized conveyance relied upon in the determination. Remove
reference to the Tier2 SWPPP and Medium Construction Threat from the SWMP. They
should be included in the project SWPPP.
11. Show all existing or proposed sewer connections and/or laterals.
12. Certificate of Compliance Doc# 2009-0716208 recorded December 28, 2009 should be
reflected in the· Sept 27, 2012 preliminary report as it may allow removal of Items 3 and
4 regarding previous notices of violations.
Additional issues or comments may be identified during subsequent reviews. If you or the
applicant has any questions, please either see or contact me at extension 2747.
Steve Bobbett. P.E.
Associate Engineer
Land Development Engineering
• CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: DECEMBER 21, 2012
PROJECT NO(S): RP 12-31/CDP 12-28 REVIEW NO: 1 ----I
PROJECT TITLE: BLUEWATER --------------------------------------------------~
APPLICANT: BARRY BLUE --------------------------------------------------~
TO: ~ Land Development Engineering
~ Police Department -J. Sa sway
~ Fire Department-Greg Ryan
~ Building Department-Will Foss
0 Recreation -Mark Steyaert
0 Public Works Department (Streets)-Nick Roque
0 Water/Sewer District
~ Landscape Plancheck Consultant -PELA
0 School District
0 North County Transit District-Planning Department
0 Sempra Energy-Land Management
0 Caltrans (Send anything adjacent to 1-5)
0 Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DEPARTMENT
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK
in the Planning Department at 1635 Faraday Avenue, by 01/11/2013. If you have "No Comments,"
please so state. If you determine that there are items that need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
Signature
PLANS ATIACHED
Review & Comment 05/11 It~
.. •
January 8, 2013
TO: Austin Silva, Assistant Planner
Chris DeCerbo, Principal Planner
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
•
FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect
RE: Landscape Architectural Review -Conceptual Review -1st Review
Bluewater, RP 12-31, CDP 12-28
Carlsbad Boulevard
MELA file: 477-Bluewater-Coni
Landscape Architect: Darsono Design Associates, Phone: (858) 541-2007
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 provide a copy of the conceptual grading plans with the next submittal for cross
checking. Final comments are reserved pending receipt ofthis information.
2. Please clearly show and label all property lines, right-of-ways, easements, drainage
elements, and utilities on the landscape plans.
3. Please clearly show and label all potable and reclaimed service locations and lines.
4. Please show and label all vehicular sight lines, including intersection site distance
corridors (see Figures 3-A and 3-B) and CalTrans sight distance standards (i.e.: stopping
sight distance). Coordinate with the civil engineer to show and label this information on
the conceptual landscape plans. 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. At medium to high use
driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the
apron outward along the curb, then 45 degrees in toward the property. Coordinate to re-
work site plan as appropriate eliminating any conflicting site features within this sight
triangle.
5. Please provide a graphic bar scale.
6. Please show proposed grading consistent with grading plans for the project.
7. Indicate positive surface drainage (2% grade in planting areas) away from structures and
terminating in an approved drainage system.
8. Please provide a conceptual elevation for the proposed fencing and walls indicating
materials/finishes and heights.
9. Please explain why the existing Washingtonia robusta palms are being removed. The
Landscape Manual indicates that landscaping shall enhance and be compatible with the
positive character of existing neighborhoods and Carlsbad as a whole. There are many
other Washingtonia robusta in this area. Maintaining/protecting the existing palms would
be more compatible with the existing neighborhood. Please note that no additional
Washingtonia robusta are to be incorporated as this palm is now listed as an invasive
..
Bluewater
Conceptual Plan Review
• • January 8, 20 13
Page2
species. Where additional palms are provided it is recommended that Queen Palm be
used in order to be compatible with those used on the opposite side of Carlsbad Blvd.
See comment # 17 below.
1 0. 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 Water Efficient Landscape Regulations. I understand that construction
drawings are to be prepared in compliance with those regulations and the Landscape
Manual. I certify that the plans will be prepared implementing those regulations to
provide efficient use of water."
11. Please open the viewports so that all information is seen (sheets L-2.0 and L-3.0).
12. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements ofunsightliness and screen/soften new improvements. Please provide
wall vines to soften/screen the wall and trash enclosure.
13. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/ soften new improvements. Landscaping
shall be used to accentuate and enhance architecture. Landscaping to include taller
plantings such as trees, palms or green trellis is needed along the north, east and west
sides of the building to soften and enhance these elevations. Please address.
14. Please address all landscape areas.
15. All utilities are to be screened. Landscape construction drawings will be required to
show and label all utilities and provide appropriate screening. Please also locate and
label all light poles on the landscape plans and insure that there are no conflicts with
trees.
16. Please note that turf-grass shall not be allowed where any dimension of the landscaped
area is less than six (6) feet wide.
17. Street 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 address and note that Phoenix dactylifera is not included in this list.
18. Street trees shall be located a minimum of seven feet from any sewer line; in areas that do
not conflict with public utilities; and outside of sight distance areas. Please insure these
requirements are met.
19. A perimeter landscape border of at least eight (8) feet in width (exclusive of curbs) shall
be provided around each outdoor/at grade parking area unless the Zoning Ordinance or
other governing document specifically provides otherwise. The perimeter landscaped
border (between property lines and parking areas) may include any landscaped yard,
setback, or landscaped area otherwise required within the property and shall be
continuous except for required access points. A perimeter landscape border is not
required between a parking lot and building. The planting within the perimeter landscape
border is not counted towards the 3% landscape requirement for parking lots. Please
address.
20. A minimum of3% of the parking area shall be landscaped. The "parking area" includes
all parking spaces and drive aisles. The plantings shall be contained in planting areas
with a minimum dimension of 4' and bounded by a concrete or masonry curb of a
minimum of 6" in height. The plantings shall be located throughout the off-street parking
areas in order to obtain the maximum amount of dispersion. Please provide a calculation
proving the percentage of landscape area provided in the parking area.
• .. • Bluewater
Conceptual Plan Review
• January 8, 2013
Page 3
21. The water use plan has been forwarded to CMWD for review. Any comments will be
returned to the applicant.
22. RETURN REDLINES and provide 2 copies of all plans (concept, water
conservation, and colored water use plan) on the next submittal.
------------------------------------
Aiif~.A,_ CITY OF
VcARLSBAD
•
Community&: Economic Development
June 25, 2013
Buck Thompson
627 Bonair Way
La Jolla, CA 92037
SUBJECT: RP 12-31/CDP 12-28/CUP 13-o4-BLUEWATER
• IV\cultd tr )z0)1S
~ILE COF't'
www.carlsbadca.gov
The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, June 3,
2013, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating
Committee (DCC) meeting which will be held on July 8, 2013. A twenty (20) minute appointment has been set
aside for you at 10:30 a.m. If you have any questions concerning your project you should attend the DCC
meeting.
It is necessary that you bring the following required information with you to this meeting or provide it to your
planner prior to the meeting in order for your project to go forward to the Planning Commission:
1. Unmounted colored exhibit(s) of your site plan and elevations; and
2. A PDF of your colored site plan and elevations.
The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their
briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later
time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning
Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting,
please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above.
Should you wish to use visual materials in your presentation to the Planning Commission, they should be
submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission
Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please
label all materials with the agenda item number you are representing. Items submitted for viewing, including
presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited
to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and
must be kept by the Planning Division for at least 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, Austin Silva at (760) 602-
4631.
DON NEU, AICP
City Planner
DN:AS:bd
c: File Copy
Project Engineer
Barry and Mary Blue, 2950 Ocean Street, Carlsbad, CA 92008
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
_,if~.A,. C IT Y 0 F
VcARLSBAD
• • LJFILE
Community & Economic Development
May 24,2013
Buck Thomps<?n
627 Bonair Way
La Jolla, CA 92037
SUBJECT: RP 12-31/CDP 12-28/CUP 13-04
Dear Buck,
www.carlsbadca.gov
Your project was deemed complete on AprillS, 2013. There are issues of concern with the project that
remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved
prior to scheduling the project for a public hearing.
Please contact me at (760) 602-4631, ifyou have any questions or wish to set up a meeting to discuss
the application.
Sincerely,
~~
Assistant Planner
AS:bd
c: Barry and Mary Blue/Blue Family Trust, 2950 Ocean Street, Carlsbad, CA 92008
Chris DeCerbo, Team Leader
Steve Bobbett, Project Engineer
File Copy
Data Entry
Planning Division
1635.Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
• • RP7J-31t1J3-f8/COP 13-04-BLUEWATER Mlrf~~ul31 ·· ·· .r
Page 2
ISSUES OF CONCERN
Planning:
1. Please remove the trash enclosure area from the open space calculations. The second floor
balconies may be included in the open space calculations.
2. The drive aisle width narrows to 20 feet where the angled parking begins. Please design the
parking layout so that there is a minimum of a 24 foot drive aisle in areas where vehicles pull
into or back out into a drive-aisle form a parking space. ·
Landscaping:
1. Please show and label all vehicular sight lines, including intersection site distance corridors (see
Figures 3-A and 3-B) and CaiTrans sight distance standards (i.e.: stopping sight distance).
Coordinate with the civil engineer to show and label this information on the conceptual
landscape plans. 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. At medium to high use driveways, the 30 inch height limitation
applies at driveways 25 feet from the edge of the apron outward along the curb, then 45
degrees in toward the p.roperty. Coordinate to re-work site plan as appropriate eliminating any
conflicting site features within thissight triangle. 2nd Review: Please also show the vehicular
sight line per the civil plans and insure no conflicts. Please note that 'Sundowner' grows 5' to 6'
tall and is in a 2' high raised planter. Revise as appropriate. Check all other plants located
within the sight lines including those shown on the civil plans and insure the 30 inch height
limitation is addressed. 3rd Review: The 25' triangular sight lines have been deleted from the
plans. Please show and label both the 25' triangular sight lines and the sight lines per the civil
plans and insure no conflicts per above requirements.
2. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. Landscaping shall be
used to accentuate and enhance architecture. landscaping to include taller plantings such as
trees, palms or green trellis is needed along the north, east and west sides of the building to
soften and enhance these elevations. Please address. 2nd Review: Please provide minimum 15
gallon size Pyrus along the west elevation. Provide a separate symbol for the Star Jasmine in the
legend. The comment has not been addressed along the north and east elevations. Please
address all areas. 3rd Review: The plan north arrow has been changed revising the former
east elevation to now be the south elevation. Please provide landscaping to include taller
plantings such as trees, palms or green trellis along the south side of the building to soften
and enhance this elevation as required by the Landscape Manual.
• • ~& 5( l-i ( 1.?:>
.4f~A_ CITY OF
VcARLSBAD FILE CO?lf
Community &: Economic Development www.carlsbadca.gov
May 21, 2013
Buck Thompson
627 Bonair Way
La Jolla, CA 92037
SUBJECT: RP 12-31/CDP 12-28/CUP 13-o4 -BLUEWATER -CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for In-fill
Development Projects-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 date.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Austin Silva, at (760) 602-4631 or austin.silva@carlsbadca.gov.
Sincerely,
~~
DON NEU, AICP
City Planner
DN:AS:bd
c: Chris DeCerbo
Steve Bobbett, Project Engineer
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
May 2, 2013
City of Carlsbad
1635 Faraday A venue
Carlsbad, CA 92008-7314
Att: Austin
Ref: Proposed Bluewater Restaurant
RP 12-31/CDP12-28-BLUEWATER
Dear Austin,
Per your request, my responses to Engineering's Comments per your report dated April
15, 2013 are as follows:
1. I have provided a paving legend on my plan. I did not show a legend for every
"fancy" paver inlay as the architectural plan shows. We cleaned up a few hatch
patterns that had some overlap. The intent is to follow the Architects paver
patterns.
2. The soil type is "A" per the County Hydrogeologic Maps. The Soils Engineer also
has a document that shows it as Type "B". Both Type A and B soils allow for
infiltration into the soil. A letter is forthcoming from the Soils Engineer in a few
days. The person that needs to sign it is not in town right now.
3. The Architectural Site Plan and Landscape Plan should show the requested sight
line now.
4. The dashed lines have been removed from the background. They should not have
been on the plan. I did show a path of travel for turning that a larger vehicle will
most likely navigate if they ventured into the rear portion of the project.
5. The fire hydrant exhibit on the plan has been revised to show hose pull lengths.
6. The SWMP was revised with additional information included. I provided
calculations and plans in the Drainage Report to better define the existing storm
drain system and show that it has adequate capacity.
7. The proposed sewer connection was upgraded to a 6".
8. The water service was relocated southerly to the other side of the project to
remove it from the driveway.
9. The driveway width of20' does include the flush curbs on each side. I have
included a 20' width dimension that clarifies their inclusion.
Engineering Management ~ General Contracting ·· Development
4322 Sea Bright Place.· Carlsbad, CA 92008 ·· Telephone/FAX 760-720-0098
/
' • •
Give me a call if you have any questions or if you want to meet to obtain clarity on the
above or other items you may have discovered/thought about.
Sincerely,
*~ Robert Sukup
RCE 28302
Blwtcty2
·'\
Pi Arc Design
6:21 Bonair Y'iay, La Jolla, ca c::t:2091 piarc.design®sbc.global.net
Tel ese.454.:2.1 :20 Mobile ese.996.e:24c::t
DATE: 05-02-13
•
Subject: 2nd Review for RP 12-31 I COP 12-28 I CUP 13-04-Bluewater
Attn: Austin Silva, Steve Bobbett, Mike Elliott, Greg Ryan
PROJECT: Bluewater Restaurant & Micro-Brewery
OWNER: Barry Blue I Blue Family Trust
ISSUES OF CONCERN
ITEM# RESPONSE PLAN -SHEET LOCATION
PLANNING:
1. Calculations for open space have been adjusted to not include the drive aisle and parking
areas.
2. The CUP project number has been revised to "CUP 13-04".
A.1,A.2
cs
3. Plan dimensions and notes have been modified to reflect a 1 '-6" side yard and a hatched
area has been added on A.1 Site Plan to show the area that will apply for a development
standard modification.
A.1
4. The illustrated street tree palms have been removed from the West Profile Elevation for
clarity. The existing Washingtonia Palms shall be removed from the city right-of-way, and
clusters of Queen Palms, or equal, shall be planted in this area after the existing grade (within
the city right-of-way) is lowered to sidewalk level.
A.1
5. The East Profile Elevation has been rotated for easier viewing.
A.1
6. The outline of the adjacent building to the south (and north) has been added to the West and
East Profile Elevations. Notes describing the adjacent use to the south have also been
added.
A.1
7. Elevations have been removed for the proposed project signage.
A.6,A.7
8. Text has been modified under Project Description to eliminate reference to keeping the
existing southern wall. cs
9. Number of parking spaces "provided" has been added.
A.5
-• • •
ENGINEERING:
1. See Response and Plans provided by Civil Engineer-Seabright Engineering.
2. See Response and Plans provided by Civil Engineer-Seabright Engineering.
3. See Response and Plans provided by Civil Engineer-Seabright Engineering.
4. See Response and Plans provided by Civil Engineer-Seabright Engineering.
5. See Response and Plans provided by Civil Engineer-Seabright Engineering.
6. See Response and Plans provided by Civil Engineer-Seabright Engineering.
7. See Response and Plans provided by Civil Engineer-Seabright Engineering.
8. See Response and Plans provided by Civil Engineer-Seabright Engineering.
9. See Response and Plans provided by Civil Engineer-Seabright Engineering.
The Drive Aisle width will be 20'-0" wide including any flush curbing/paving retainers.
LANDSCAPE:
1. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
2. See A.3-D2 Side Yard Decorative Fence for section & elevation of the decorative fence.
The precise materials & finishes shall be appropriately determined during preparation of the
Construction Documents and coordination with adjacent landowners.
A.3/ also detail is attached for Mike Elliott's review
3. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
4. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
5. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
6. See Response and Plans provided by Landscape Architect-Darsano Design Associates.
7. See Response and Plans provided by Landscape Architect-Darsano Design Associates.
8. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
9. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
2
•
FIRE: (no comments were received as of the date on this response)
Site Plan
1.
2.
Water Improvement
1.
2.
Fire Protection Systems
1.
2.
It is the intent that all comments have been completely addressed. Please contact me if you have
any questions or comments regarding this response and the revised plans as submitted.
Sincerely,
Buck Thompson 1t Pi Arc Design
3
---J. • • ~-
:!:" ·!J i!'· ' ' i ·, (l i
~;CARLSBAD
C:_HTHnunity & E.conomic Development
Apnl 15, 2013
Buck Thompson
627 Bona1r Way
La Jolla, CA 92037
SUBJECT: 2nd REVIEW FOR RP 12-31/CDP 12-28/CUP 13-04 -BlUEWATER
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your
MaJor Review Permit, Coastal Development Permit, and Conditional Use Permit, applications no. RP 12-
31/CDP 12-28/CUP 13-04, as to its completeness for processing.
The items requested from you earlier to make your Major Review Permit, Coastal Development Permit, and
Conditional Use Permit, application no. RP 12-31/CDP 12-28/CUP 13-04 complete have been received and
reviewed by the Planning Division. It has been determined that the application is now complete for
processing. Although the initial processing of your application may have already begun, the technical
acceptance date ts acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that could be
discovered during project review and/or environmental review. Any issues should be resolved prior to
scheduling the project for public hearing. In addition, the City may request, in the course of processing the
application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the
application.
At this time, the City asks that you provide 4 complete sets of the development plans so that the project can
contmue to be reviewed. The Citv will complete the review of vour resubmittal within 25 days.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff
Planner, Austin Silva, at {760) 602-4631, 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} 602-4663.
• Landscape Plancheck Consultant: Mike Elliott, at (760) 944-8463.
Sincerely.
CHRIS DeCERBO
Da,...o Design Associates, Inc. Principal Planner
LANDSCAPE,ARCHITECTURE PLANNING
.J. .:5014 MOUNT LA .. lA DRIVE SAN DIEGO, CA 92117 CO:A:, bd
PHONE (858) 541-2007 FAX (858) 541-2008
Barry and Mary Blue/Blue Fam1!y Trust, 2950 Ocean Street, Carlsbad, CA 9200'"8
Don Neu, City Planner M A-<' 1 'Z{) I?
Steve, Bobbett, Project Engineer l I ' I )
Chris DeCerbo, Principal Planner
Fife Copy
0 , Bilta Entry Ptannmg IVISIOO
;;J~~-~-a•aday Aven·.-u-e-.-c--a-r-ls-b-ad, CA 92008-7314--r 760-6024600 F'16o-602-8559
RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
April 15, 2013
pa e 2
ISSUES OF CONCERN
Planning:
1. Calculations for open space should only include outdoor eating areas, balconies, and landscaped
areas. Please remove the drive aisles and parking areas from the open space calculations.
2 Please revise the CUP project number to "CUP 13·04" on the cover sheet of the plans (two
places}.
3. The minimum side yard setback is five (5) feet. A 1.5' setback is proposed along the south side
yard. ln order to allow a reduction in the side yard setback, a development standard
modification must be permitted by the City Council. A reduction to the standard may be
permitted for projects that have a significant public benefit as determined by the City Council or
that assist the Council in meeting the goals and objectives set forth within the Village Master
Plan and Design Manual. Staff will support the development standard modification to reduce
the side yard setback.
4. Please remove the two palms from the west elevation (profile) in order to see the elevation
better. The palms are existing and will remain in place.
5 Please invert the east profile to make it easier to review.
6. Please add to the west profile, the outline of the adjacent building to the south. The is to show
the relationship of the adjacent building for review of the standard modification request for a
reduced side yard setback. Also, please identify and label the "driveway" of the adjacent use to
the south.
7. Please remove the proposed "monument" sign. The sign is classified as a "pole" sign and is not
permitted. Signage will be permitted separately post approvals.
8. Please change the project description (APN 203·250-29) to remove text relating to keeping
existing southern wall. There is no need to keep this wall with the processing of the vanance
request.
9. Please add the number of parking spaces "provided" on sheet A.S (next to parking required).
Engineering:
1. Please include a legend on sheet C-1 to indicate the type of surface associated with each pattern
(i.e. dot or hatch). Are pervious pavers indicated on sheet A.l consistent with the dot pattern?
The dot pattern is shown on sheet C-1 both as a parking and driveway surface as well as in
landscape and BMP areas.
2 The preliminary SWMP does not indicate that the treatment BMP areas are lined therefore it is
necessary to determine if the underlying soil will infiltrate the proposed runoff in compliance
with the SUSMP. Submit a preliminary soils report addressing the subgrade's ability to meet
rainfall infiltration criteria.
..... • RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
April15, 2013
Page 3
•
.3. Plot intersection sight distance at the driveway entrance per Topic 405 of California Department
of Transportation Highway Design Manual on the site plan and the landscape plans. Sheet C-1
shows the correct sight distance layout. Remove any obstructions, including landscaping 30
inches or higher, that will interfere with driver visibility.
4. Please clarify if the dashed lines within the parking area represent the 45' bus swept width and
tracking width turning template per Figure 404-SF of California Department of Transportation
Highway Design Manual. If so, identify the line work as representing the wheel path or the
swept path of the vehicle bumper.
5. Please provide distances from the existing fire hydrants to the proposed structure.
6. Expand the preliminary SWMP to address all elements required of a SWMP. A sample table of
contents is included for your reference. Include a specific description of the drainage facilities
presumed to exempt this project from hydromodification requirements. Include a map or
sketch showing the route of the 150' of curb and the 'maybe' 300 feet of storm drain pipe with
pipe size. The determination matrix requires that the system has the capacity for the ultimate
Q10. Include calculations to evaluate the capacity of the downstream drainage facilities.
7. Revise the diameter of the proposed sewer connection to 6".
8. Relocate the proposed water service and meter box out of the driveway.
9. Sheet A.1 dimensions the driveway width as 20' but apparently includes the flush curb on each
side shown on sheet C-1 to achieve this width. Please clarify.
Landscaping: ( t\(fC£. ~l6f f'\.P<R.~WC.OHHE0['b'-f<eJ/VOJt-
1. \\t Please show and label all vehicular sight lines, including intersection stte distance corridors (see
Figures 3-A and 3-B) and Co/Trans sight distance standards (i.e.: stopping sight distance).
Coordinate with the civil engineer to show and label this information on the conceptual
landscape plans. 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. At medium to high use driveways, the 30 inch height limitation
applies at driveways 25 feet from the edge of the apron outward along the curb, then 45
degrees in toward the property. Coordinate to re-work site plan as appropriate eliminating any
conflicting site features within this sight triangle. 2nd Review: Please also show the vehicular
sight line per the civil plans and insure no conflicts. Please note that 'Sundowner grows 5' to 6'
tall and is in a 2' high raised planter. Revise as appropnate. Check all other plants located
within the sight Jines including those shown on the civil plans and msure the 30 inch height
limitation is addressed. 6HOW~ ~W to<w a.-\Bt-~
2. ~8 Please provide a conceptual elevation for the proposed fencing and walls indicating
materials/finishes and heights. ra Review: The applicant has responded: "Conceptual elevation
of fencing to be provided by the Architect." The detail provided on the architectural plans
indicates only that the fence is a "Decorative Fence". Please indicate materials and finishes.
~£-.N:Jf, A"f!f):a-1HB1Jf bttrefb PPoJcow
... • • RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
April15, 2013
Page 4
3. \0 The Landscape Manual indicates that landscaping shall enhance and be compatible with the
positive character of existing neighborhoods and Carlsbad as a whole. Where additional palms
are provided it is recommended that Queen Palm be used in order to be compatible with those
used on the opposite side of Carlsbad Blvd. fZBJl ~_? ~ &o0JeR/t(fW0 tuiT\d
f-tlt<e. au or of?. o 1-.zotf? 4.~ /11 The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
l'-" screen elements of unsightliness and screen/soften new improvements. Please provide wall
vines to soften/screen the wall and trash enclosure. 2"0 Review: Please provide 3 vine pockets
along the rear wall as shown and include wall vines that will self-attach (i.e. fig Vine, Boston ivy,
eat's Claw, Red Trumpet Vine, etc.). Insure wa{{footings will not conflict with planter pocket.
vcur;, Poae1b ~t. e:J--o (1;~CtJtP ~~~ VlNCfbjaJf.uf?b~LCP!?
s.,.a I~ The Landscape Manual requires landscaping to feature ground co\ler, shrubs, ano trees to
screen elements of unsightliness and screen/soften new improvements. Landscaping shall be
used to accentuate and enhance architecture. Landscaping to include taller plantings such as
trees, palms or green trellis is needed along the north, east and west sides of the building to
soften and enhance these elevations. Please address. 2nd Review: Please provide minimum 15
gallon size Pyrus along the west elevation. Provide a separate symbol for the Star Jasmine in the
legend. The comment has not been addressed along the north and east elevations. Please
address all areas. Aw V(l'J&b I b ~ ~~€.-.Pd?V([la.J~ vcufb W~MJhW, )
6. "If? Street trees snaTf oe located a minimum of seven feet from any sewer line; in areas that do not
conflict with public utilities; and outside of sight distance areas. Please insure these
requirements are met. 2M Review: Insure the palms are located outside of the vehicular sight
lines as shown on the civil plans. f'A;fi 'Tf2-f.W (;Z..,) ~0 ~uE:b ~~.
%f:., ~~£-tl2-l~f,P ftl:i.J PJ?D.Ju:::fV ~ L:frlA 1'!f/.?.
7. I){ Trees shall be provided at the minimum rate of one per every four parking stalls. Trees
pertaining to this requirement shall be located within the parking area, exclusive of parking lot
setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please
address. AD.PttTlOU~ ~K WU? AWt--P ~ (OR ~~D~ H€A
8. tA. ~a~~e "B" ground cover in the legend.
CP~tff6Dt~t0 ~O.J~DCoV~ Vf~V.
9. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored
water use plan) on the next submittal.
~lPW.
Fire:
Comments from the Fire Department are forthcoming under a separate letter.
:" --.. •
March 21, 2013
•
D•rsono Design Associates, Inc.
LANDSCAPE ARCHITECTURE PLANNING
5014 MOUNT LA PLATTA DRIVE SAN DIEGO, CA 92117
PHONE (858) 541-2007 FAX (858) 541-2008
TO: Austin Silva, Assistant Planner
Chris DeCerbo, Principal Planner
MAil> '2ol~
FROM:
RE:
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
Michael Elliott, City of Carlsbad's Contract Landscape Architect
Landscape Architectural Review -Conceptual Review -2nd Review
Bluewater, RP 12-31, CDP 12-28
Carlsbad Boulevard
MELA file: 477-Bluewater-Con2
Landscape Architect: Darsono Design Associates, Phone: (858) 541-2007
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements of the City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the
area of the comment concern.
REPEAT COMMENTS /' )'-3 Completed.
~ Please show and label all vehicular sight lines, including intersection site distance
' corridors (see Figures 3-A and 3-B) and CalTrans sight distance standards (i.e.: stopping
sight distance). Coordinate with the civil engineer to show and label this information on
the conceptual landscape plans. 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. At medium to high use
driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the
apron outward along the curb, then 45 degrees in toward the property. Coordinate tore-
work site plan as appropriate eliminating any conflicting site features within this sight
triangle. 2nd Review: Please also show the vehicular sight line per the civil plans and
insure no conflicts. Please note that 'Sundowner 'grows 5' to 6' tall and is in a 2 'high
raised planter. Revise as appropriate. Check all other plants located within the sight
lines including those shown on the civil plans and insure the 30 inch height limitation is
addressed. (U ftiR.I1XflaJ f12cvlDW aJ ~ ~1"b
}1 Completed.
K Please provide a conceptual elevation for the proposed fencing and walls indicating
materials/finishes and heights. 2nd Review: The applicant has responded: ''Conceptual
elevation of fencing to be provided by the Architect. '' The detail provided on the
architectural plans indicates only that the fence is a "Decorative Fence". Please
indicate materials and finishes. bft. AJCaltt[~ c:a1 t1 e..§b fl?oJL~J/. y Please explain ·uhy the existiHg WashiHgtonia robl:lsta palms are being removed. The
Landscape Manual indicates that landscaping shall enhance and be compatible with the
positive character of existing neighborhoods and Carlsbad as a whole. There are many
other Washingtonia robt~sta in this area. Maintainin~lprotecting the existing palms wol:lld
be more compatible with the existing neighborhood. Please Rote that no additional
•
Bluewater
Conceptual Plan Review
•
March 21, 2013
Page 2
Washingtonia robusta are to be incorporated as this palm is now listed as an invasi·re
species. Where additional palms are provided it is recommended that Queen Palm be
used in order to be com atible with those used on the o osite side of Carlsbad Blvd. I ~
8eecomment#l7below. ~ ~ ftti(f, Cto;~t>€7·0 ·tolv
,)tf 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 fur landscape and irrigation plans contained in the
City of Carlsbad's Water Efficient Landscape Regt:dations. I understand that construction
drawings are to be prepared in compliance with those regHlations and the Landscape
Manual. I certify that the plans will be prepared implementing those regHlations to
provide efficient use of water." 2nd Review: Please sign the statement.
,11. Completed. J2· The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. Please provide
wall vines to soften/screen the wall and trash enclosure. 2nd Review: Please provide 3
vine pockets along the rear wall as shown and include wall vines that will self attach (i.e.
jig Vine, Boston Ivy, Cat 's Claw. Red Trumpet V{'le, etc) Insure wall footings will not. I
conflict with planter pocket. ~ (0~ e:>'-f.f' yt~ ~LI>fW I,U't'ij \}(1)~1 MJ:V ~
)..3'. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. Landscaping
shall be used to accentuate and enhance architecture. Landscaping to include taller
plantings such as trees, palms or green trellis is needed along the north, east and west
sides of the building to soften and enhance these elevations. Please address. 2nd Review:
Please provide minimum 15 gallon size Pyrus along the west elevation. Provide a
separate symbol for the Star Jasmine in the legend. The comment has not been addressed
along the north and east elevations. Please address all areas. f<~ LbeO ~ ·
.14-17 Completed. JK Street trees shall be located a minimum of seven feet from any sewer line; in areas that do
not conflict with public utilities; and outside of sight distance areas. Please insure these
requirements are met. 2nd Review: Insure the palms are located outside of the vehicular
sight lines as shown on the civil plans. Hwt;t;> ~ P.PVM ~~) M-Jl? ~~ bf-1~
}9:' A perimeter landscape border of at least eight (8) feet in width (exclusive of curbs) shall
be provided around each outdoor/at grade parking area unless the Zoning Ordinance or
other governing document specifically provides otherwise. The perimeter landscaped
border (between property lines and parking areas) may include any landscaped yard,
setback, or landscaped area otherwise required within the property and shall be
continuous except for required access points. A perimeter landscape border is not
required between a parking lot and building. The planting within the perimeter landscape
border is not counted towards the 3% landscape requirement for parking lots. Please
address. 2nd Review: The applicant has responded: ''Information from Architect
calculations provided." This does not address the comment. Please address.
20-21 Completed. of-f. ~ ~rt~I.Sfb WOH ~trf4'
}£.RETURN REDLINES and provide 2 copies of all plans (concept, water
conservation, and colored water use plan) on the next submittal.
Bluewater
Conceptual Plan Review
NEW COMMENTS
• •
March 21, 2013
Page 3
J.A. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees
pertaining to this requirement shall be located within the parking area, exclusive of
parking lot setbacks. The trees shall be located in close proximity to the spaces they
are to shade. Please address. ~ f PJi¥/ / ((; 'T~ ( ~l-6fJ.ueb:J
.lA.. Please identify the "B" ground cover in the !egend. fZ.t'JLbW ~
,-------------------------------------------------
( ~ 4~ CITY OF ~'CARLSBAD
• • ~4}16)1~
FILE COPY
Community &: Economic Development
April15, 2013
www.carlsbadca.gov
Buck Thompson
627 Bonair Way
La Jolla, CA 92037
SUBJECT: 2nd REVIEW FOR RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your
Major Review Permit, Coastal Development Permit, and Conditional Use Permit, applications no. RP 12-
31/CDP 12-28/CUP 13-04, as to its completeness for processing.
The items requested from you earlier to make your Major Review Permit, Coastal Development Permit, and
Conditional Use Permit, application no. RP 12-31/CDP 12-28/CUP 13-04 complete have been received and
reviewed by the Planning Division. It has been determined that the application is now complete for
processing. Although the initial processing of your application may have already begun, the technical
acceptance date is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that could be
discovered during project review and/or environmental review. Any issues should be resolved prior to
scheduling the project for public hearing. In addition, the City may request, in the course of processing the
application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the
application.
At this time, the City asks that you provide 4 complete sets of the development plans so that the project can
continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff
Planner, Austin Silva, at (760) 602-4631, 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) 602-4663.
• Landscape Plancheck Consultant: Mike Elliott, at (760) 944-8463.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: Barry and Mary Blue/Blue Family Trust, 2950 Ocean Street, Carlsbad, CA 92008
Don Neu, City Planner
Steve, Bobbett, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
• Data EJ'ltry Planmng DIVISIOn
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• RP 12-31/CDP 12-28/CUP 13-04-BlUEWATER • April15, 2013
Page 2
ISSUES OF CONCERN
Planning:
1. Calculations for open space should only include outdoor eating areas, balconies, and landscaped
areas. Please remove the drive aisles and parking areas from the open space calculations.
2. Please revise the CUP project number to "CUP 13-04" on the cover sheet of the plans (two
places).
3. The minimum side yard setback is five (5) feet. A 1.5' setback is proposed along the south side
yard. In order to allow a reduction in the side yard setback, a development standard
modification must be permitted by the City Council. A reduction to the standard may be
permitted for projects that have a significant public benefit as determined by the City Council or
that assist the Council in meeting the goals and objectives set forth within the Village Master
Plan and Design Manual. Staff will support the development standard modification to reduce
the side yard setback.
4. Please remove the two palms from the west elevation (profile) in order to see the elevation
better. The palms are existing and will remain in place.
5. Please invert the east profile to make it easier to review.
6. Please add to the west profile, the outline of the adjacent building to the south. The is to show
the relationship of the adjacent building for review of the standard modification request for a
reduced side yard setback. Also, please identify and label the "driveway" of the adjacent use to
the south.
7. Please remove the proposed "monument" sign. The sign is classified as a "pole" sign and is not
permitted. Signage will be permitted separately post approvals.
8. Please change the project description (APN 203-250-29) to remove text relating to keeping
existing southern wall. There is no need to keep this wall with the processing of the variance
request.
9. Please add the number of parking spaces "provided" on sheet A.5 (next to parking required).
Engineering:
1. Please include a legend on sheet C-1 to indicate the type of surface associated with each pattern
(i.e. dot or hatch). Are pervious pavers indicated on sheet A.1 consistent with the dot pattern?
The dot pattern is shown on sheet C-1 both as a parking and driveway surface as well as in
landscape and BMP areas.
2. The preliminary SWMP does not indicate that the treatment BMP areas are lined therefore it is
necessary to determine if the underlying soil will infiltrate the proposed runoff in compliance
with the SUSMP. Submit a preliminary soils report addressing the subgrade's ability to meet
rainfall infiltration criteria.
'
I • • RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
April15, 2013
Page 3
3. Plot intersection sight distance at the driveway entrance per Topic 405 of California Department
of Transportation Highway Design Manual on the site plan and the landscape plans. Sheet C-1
shows the correct sight distance layout. Remove any obstructions, including landscaping 30
inches or higher, that will interfere with driver visibility.
4. Please clarify if the dashed lines within the parking area represent the 45' bus swept width and
tracking width turning template per Figure 404-5F of California Department of Transportation
Highway Design Manual. If so, identify the line work as representing the wheel path or the
swept path of the vehicle bumper.
5. Please provide distances from the existing fire hydrants to the proposed structure.
6. Expand the preliminary SWMP to address all elements required of a SWMP. A sample table of
contents is included for your reference. Include a specific description of the drainage facilities
presumed to exempt this project from hydromodification requirements. Include a map or
sketch showing the route of the 150' of curb and the 'maybe' 300 feet of storm drain pipe with
pipe size. The determination matrix requires that the system has the capacity for the ultimate
Q10. Include calculations to evaluate the capacity of the downstream drainage facilities.
7. Revise the diameter of the proposed sewer connection to 6".
8. Relocate the proposed water service and meter box out of the driveway.
9. Sheet A.1 dimensions the driveway width as 20' but apparently includes the flush curb on each
side shown on sheet C-1 to achieve this width. Please clarify.
Landscaping:
1. Please show and label all vehicular sight lines, including intersection site distance corridors (see
Figures 3-A and 3-B) and CaiTrans sight distance standards (i.e.: stopping sight distance).
Coordinate with the civil engineer to show and label this information on the conceptual
landscape plans. 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. At medium to high use driveways, the 30 inch height limitation
applies at driveways 25 feet from the edge of the apron outward along the curb, then 45
degrees in toward the property. Coordinate to re-work site plan as appropriate eliminating any
conflicting site features within this sight triangle. 2nd Review: Please also show the vehicular
sight line per the civil plans and insure no conflicts. Please note that 'Sundowner' grows 5' to 6'
tall and is in a 2' high raised planter. Revise as appropriate. Check all other plants located
within the sight lines including those shown on the civil plans and insure the 30 inch height
limitation is addressed.
2. Please provide a conceptual elevation for the proposed fencing and walls indicating
materials/finishes and heights. 2nd Review: The applicant has responded: "Conceptual elevation
of fencing to be provided by the Architect." The detail provided on the architectural plans
indicates only that the fence is a "Decorative Fence". Please indicate materials and finishes.
• • RP 12-31/CDP 12-28/CUP 13-04-BLUEWATER
April15, 2013
Page 4
3. The landscape Manual indicates that landscaping shall enhance and be compatible with the
positive character of existing neighborhoods and Carlsbad as a whole. Where additional palms
are provided it is recommended that Queen Palm be used in order to be compatible with those
used on the opposite side of Carlsbad Blvd.
4. The landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. Please provide wall
vines to soften/screen the wall and trash enclosure. 2nd Review: Please provide 3 vine pockets
along the rear wall as shown and include wall vines that will self-attach (i.e. fig Vine, Boston Ivy,
eat's Claw, Red Trumpet Vine, etc.). Insure wall footings will not conflict with planter pocket.
5. The landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. landscaping shall be
used to accentuate and enhance architecture. landscaping to include taller plantings such as
trees, palms or green trellis is needed along the north, east and west sides of the building to
soften and enhance these elevations. Please address. 2nd Review: Please provide minimum 15
gallon size Pyrus along the west elevation. Provide a separate symbol for the Star Jasmine in the
legend. The comment has not been addressed along the north and east elevations. Please
address all areas.
6. Street trees shall be located a minimum of seven feet from any sewer line; in areas that do not
conflict with public utilities; and outside of sight distance areas. Please insure these
requirements are met. 2nd Review: Insure the palms are located outside of the vehicular sight
lines as shown on the civil plans.
7. Trees shall be provided at the mm1mum rate of one per every four parking stalls. Trees
pertaining to this requirement shall be located within the parking area, exclusive of parking lot
setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please
address.
8. Please identify the "B" ground cover in the legend.
9. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored
water use plan) on the next submittal.
Fire:
Comments from the Fire Department are forthcoming under a separate letter.
'
I
/
April3, 2013
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Att: Austin
Ref: Proposed Bluewater Restaurant
RP 12-31/CDP12-28-BLUEWATER
Dear Austin,
RECEIVED
APR 0 3 2013
CITY OF CARLSBAD
PLANNING DIVISION
Per your request, my responses to Engineering's Comments per your report dated January
18, 2013 are as follows:
I. The Architect is handling the Site Plan and I believe he has all the information
you need.
2. The proposed grading plan sheet has been added to the Architectural Plan Set.
3. A preliminary soils report was submitted. No structural sections will be done until
the site is graded, R values can be taken, and determination has been made as to
what type of pavement surface will be used.
4. The site distance has been plotted. It was plotted in the southwest direction only
because it is a one way street at the driveway and traffic is flowing to the
northeast.
5. This was not done. The property is not 90' wide. I met with Waste Management
and a note was added to the plans as to how trash would be collected.
6. I am waiting on receipt of item #2 on the Title Report and will advise once I
receive it.
7. The Architect has addressed this item.
8. A small Fire Hydrant Exhibit was added to the plan. No new fire hydrants are
proposed.
9. No water main extensions are proposed.
10. The hydromodification Applicability Determination Flowchart was completed
and added. A discussion of the conveyance structures was included and the Tier 2
SWMP information was removed.
11. A new sewer lateral connection was shown.
12. I am working with the Title Company on this item.
Engineering Management , General Contracting Development
4322 Sea Bright Place ; Carlsbad, CA 92008 , Telephone/FAX 760-720-0098
/ • •
Give me a call if you have any questions or if you want to meet to obtain clarity on the
above or other items you may have discovered/thought about.
Sincerely,
J o:::::-~ -s./j' \_1'-\~! ), \ k I \ rl----
Robert Sukup
RCE 28302
Bluwtrctyl
Pi Arc Design
6 2 i eonair Y"ay. La Jolla, c.a c:r 209 1 piarc.designosl?c.glol?al.net
Tel 858.454.2120 Mobile 858.996.824'1
DATE: 03-14-13
•
Subject: 1st Review for RP 12-31/ COP 12-28 Bluewater Restaurant & Micro-Brewery
Attn: Austin Silva, Steve Bobbett, Will Foss, Greg Ryan
PROJECT: Bluewater Restaurant & Micro-Brewery
OWNER: Barry Blue I Blue Family Trust
LIST OF ITEMS NEEDED
ITEM# RESPONSE PLAN -SHEET LOCATION
PLANNING:
1. Additional fee of $3,243.75 paid for Conditional Use Permit is included and part of this
submittal.
2. Stucco will be applied to the first floor of the South Elevation of the building. A note has been
added to clarify this intent.
A.7
3. The rear balcony will be used for access to the exterior exit stairway. A.3,A.6
ENGINEERING:
1. See Response and Plans provided by Civil Engineer-Seabright Engineering.
2. See Response and Plans provided by Civil Engineer-Seabright Engineering.
3. See Response and Plans provided by Civil Engineer-Seabright Engineering.
4. See Response and Plans provided by Civil Engineer-Seabright Engineering.
5. See Response and Plans provided by Civil Engineer-Seabright Engineering.
6. Easement I Right-of-Way for City of Carlsbad has been included on the Existing Site Plan
and Site Development Plan. Also see the response provided by Civil Engineer-Seabright
Engineering.
EX.1, A.1
• •
7. From the parking area the disabled route for entry to the building coincides with route for the
general public. A designated van accessible parking area has been located directly adjacent
to the building and the route for entry from this location does not require passing behind a
parked vehicle or a perpendicular crossing of the drive aisle. Striping of a ADA compliant
accessibility path is not a required element and has been eliminated from the drive aisle. The
route to the building entry from the van accessible parking area is less than 90 feet and along
this route there are four areas that may be used by all pedestrians to pause outside of the
drive aisle. Of the required 22 parking spaces - a minimum of 1 0 spaces can be used for
employee parking, less one accessible parking space, leaves 11 parking spaces for the
general public. Additionally, the layout and enhancements to the drive aisle surface,
exposure of the exterior building fac;ade, intensive landscape provisions on either side of the
drive aisle and pedestrian activity are intentional and beneficial in promoting traffic calming.
Considerations for the nature of these elements indicate there will most likely be a significant
reduction in traffic speed entering or exiting the rear parking area and thereby ensuring a safe
pedestrian environment.
A.1,A.2
8. See Response and Plans provided by Civil Engineer-Seabright Engineering.
9. See Response and Plans provided by Civil Engineer-Seabright Engineering.
10. See Response and Plans provided by Civil Engineer-Seabright Engineering.
11. See Response and Plans provided by Civil Engineer-Seabright Engineering.
12. See Item #6 of Sept. 27, 2012 Preliminary Title Report
BUILDING:
1. A second stairway exit has been provided from the second floor level. Location is at the rear
balcony which will be used for access to the exterior exit stairway.
A.3,A.6
2. ADA accessibility path is not a required element and has been eliminated from the drive aisle.
See Engineering Item #7 for additional information.
3. An accessible entrance to the building and patio area from public transportation, streets or
sidewalk locations has been changed from a wheelchair lift to an accessible ramp with a
slope no greater than 1:12 and a minimum width of 48" between handrails.
A.1,A.2
LANDSCAPE:
1. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
2. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
3. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
4. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
2
• •
5. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
6. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
7. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
8. Conceptual elevations for the proposed fencing I walls are shown on Shts. A.1 -Site
Development Plan (elevations) & A.7-South Elevation. Detail Dwgs are shown on Sht. A.3
A.1, A.3, A.7
9. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
10. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
11. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
12. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
13. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
14. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
15. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
16. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
17. See Response and Plans provided by Landscape Architect-Darsano Design Associates.
18. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
19. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
20. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
21. See Response and Plans provided by Landscape Architect -Darsano Design Associates.
FIRE:
Site Plan
1. Access issues were discussed at meeting on 02-12-13 and deemed satisfactory.
2. Dead-End Access issues were discussed at meeting on 02-12-13 and deemed satisfactory.
3. Access Road Surface issues were discussed at meeting on 02-12-13 and deemed
satisfactory.
4. See Response and Plans provided by Civil Engineer-Seabright Engineering.
3
• •
Water Improvement
1. See Response and Plans provided by Civil Engineer-Seabright Engineering.
2. See Response and Plans provided by Civil Engineer-Seabright Engineering.
Fire Protection Systems
1. Note under Project Data on Cover Sheet has been revised to reflect NFPA 13 fire sprinkler
system requirement. cs
2. Note under Project Data on Cover Sheet has been revised to reflect NFPA 72 Fire Alarm
system requirement. cs
3. Fire sprinkler riser is located adjacent to the Utility Room located at the southwest corner of
the building and the room size has been increased to provide additional room for Fire Alarm
Control Panel and the Telephone board.
A.1, A.2
4. A Back-Flow Prevention (DCDA or RPDA) device shall be located at the southwest corner of
the property. See Site Development Plan and Preliminary Grading Plan provided by Civil
Engineer.
A.1
ISSUES OF CONCERN
ITEM# RESPONSE PLAN -SHEET LOCATION
PLANNING:
1. Zoning ordinance 21.44.050 states a drive aisle may be reduced to 20' width where no
vehicles pull into or back-out into a drive aisle from a parking space. The drive aisle as
shown is 20' width and no vehicles pull into or back-out into the drive aisle from a parking
space.
A.1,A.2
2. ADA accessibility path is not a required element and has been eliminated from the drive aisle.
See Engineering Item #7 for additional information. To eliminate the concerns regarding a
wheelchair lift, an access ramp has been added providing accessible entrance to the building
and the patio areas from public transportation, streets and/or sidewalk locations. The
accessible ramp segments will have slopes no greater than 1:12, handrails and guards with
48" width between handrails.
A.1,A.2
3. Roofing material has been changed to a synthetic recycled slate. See Sht. CS -Project
Description, Sht. A.4 -Roof Plan General Notes, Shts. A.6 & A. 7 -Elevations & Exterior
Elevations General Notes.
CS, A.4, A.6, A. 7
4
I • •
4. Property line boundary walls have been changed to reflect the use of split face CMU.
5. Although a sign permit is approved under a separate permit process the area for a sign is
shown on the Site Plan & Main Level Floor Plan. Conceptual Sign elevations are shown on
the building elevation sheets.
A.1, A.2, A.6, A. 7
6. Van accessible parking is now shown as 9 feet wide with an 8 foot wide access area.
A.1,A.2
7. Per our discussions new construction can be placed within the existing footprint and along
the existing (non-conforming) building side yard setback as long as it does not extend
above the existing floor level (i.e. a second story); and that all other new construction
must maintain the current required side yard setback. Any new construction which is
within the required setback would need a development standard modification and must
be permitted by the City Council. Because of the recent survey work and determining the
proper location of the city right-of-way/easement areas and adjusting the building to fit
within the boundaries there is a short section of the new construction that is 5'-4" in length
located toward the back of the building and within the proposed Kitchen/Dishwashing
Area which is within the setback area. We do not want to lose this valuable portion of the
building and wish to proceed with a development standard modification permit.
A.1,A.2
8. Areas with the Restaurant I Kitchen area have been recalculated and areas for dry and cold
storage have not been included. This has decreased the restaurant parking by one space,
and the micro-brewery parking has been increased by one space. A total of 22 parking
spaces are required (20 restaurant parking spaces & 2 micro-brewery parking spaces) and
this adjustment has been shown and indicated on Parking Calculation Diagrams.
A.5
Upon further analysis of requirements for the micro-brewery to include pump equipment, keg
storage and supplies, along with storage for restaurant supplies and fixtures, and a larger
mechanical equipment area a Basement I Storage Area has been added to meet these
requirements. Calculations have been included in the Project Data and a Basement I Storage
Floor Plan have been added which require no additional parking.
CS,A.4
It is my intent that all comments have been completely addressed. Please contact me if you have
any questions or comments regarding this response and the revised plans as submitted.
Sincerely,
Buck Thompson 1t Pi Arc Design
5
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i '~ ril~ mr11 ~ i~1~' ~I Ug]l'i?J loJ[iJ "j, ,L'_j.Jl_:jU j L:J~:1tJ~ lQJ I l!JO!J
Incorporated
Landscape Architecture Planning
Date: 03-13-13
• •
Subject: 1 st. Review for RP 12-31 I COP 12-28 Bluewater Restaurant
& Micro-Brewery
Associate Planner: Austin Silva
LIST OF ITEMS NEEDED
ITEM# RESPONSE PLAN -SHEET LOCATION
LANDSCAPE:
1 . Provided Conceptual Grading Plans for this submittal.
2. Information shown on all sheet per Architect's Site Plan. Sheet L-1, L-2, L-3
3. Information provided when Construction Documents are prepared.
4. Sight lines shown on all sheets
5. Graphic Scale is shown on all sheets
6. Proposed grading is shown on all sheets
7. Surface drainage provided by civil's Conceptual Grading Plan
Sheet L-1, L-2, L-3
Sheet L-1, L-2, L-3
Sheet L-1, L-2, L-3
8. Conceptual elevation of fencing to be provided by the Architect.
9. Washingtonia palms (2) are to be remove due to grading and to eliminate existing
wall.
10. Landscape Architect's statement provided on all sheets Sheet L-1, L-2, L-3
11. Viewports adjustments made Sheet L-1, L-2, L-3
12. Additional vines provided along all perimeter walls Sheet L-1, L-2, L-3
and trash enclosure.
13. Provided additional trees, shrubs, and ground covers Sheet L-1, L-2, L-3
Please note the site changes, including HC ramp at the front.
14. Site have been revised, new landscape areas provided. Sheet L-1, L-2, L-3
15. All utilities will be shown on Construction Drawings Phase.
16. No turf areas provided for this project.
5014 Mount La Platta Drive, San Diego, CA 92117 • Tel. (858) 541-2007 • FAX (858) 541-2008 • e-mail darsono@aol.com • RLA CA. 2418
• •
17. Shown with new Arecastrum romanzoffianum Sheet L -1 , L -2, L-3
to replace the Washingtonia palms (2). Could not find the
street trees for Carlsbad Blvd, north of Cannon Road (Pinus Torreyana)
Limited frontage and owner request a visibility window to ocean.
18. Provide clearance seven feet from sewer lines when Construction Drawings Phase.
19. Information from Architect calculations provided.
20. Information only.
21. Redlines and 2 sets of revised landscape plans provided
Returned comments response provided.
2
Sheet L-1, L-3
Sheet L-1, L-2, L-3
'~ ~ _df~_A C I T Y 0 F
VcARLSBAD
• •
Community & Economic Development
January 18, 2013
www.carlsbadca.gov
Buck Thompson
627 Bonair Way
La Jolla, CA 92037
SUBJECT: 1st REVIEW FOR RP 12-31/CDP 12-28-BLUEWATER
Thank you for applying for land Use Permits in the City of Carlsbad. The Planning Division has reviewed your
Major Review Permit and Coastal Development Permit, application no. RP 12-31/CDP 12-28, as to its
completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information which must
be submitted to complete your application. The second list is project issues of concern to staff. In order to
expedite the processing of your application, the "incomplete" items and your response to the project issues
of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff
planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please
prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all
identified incomplete items and/or project issues have been addressed; and {3) five {5) sets of revised plans.
No processing of your application can occur until the application is determined to be complete.
When all required materials are submitted, the City has 30 days to make a determination of completeness. If
the application is determined to be complete, processing for a decision on the application will be initiated. In
addition, please note that you have six months from the date the application was initially filed, December 21,
2012, to either resubmit the application or submit the required information. Failure to resubmit the
application or to submit the materials necessary to determine your application complete shall be deemed to
constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new
application must be submitted.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff
Planner, Austin Silva, at {760) 602-4631, 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.
• Building Department: Will Foss, Building Manager, at {760) 602-2716.
Sincerely,
~Q_~
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: Barry and Mary Blue/Blue Family Trust, 2950 Ocean Street, Carlsbad, CA 92008
Don Neu, City Planner
Steve Bobbett, Project Engineer
Chris DeCerbo, Principal Planner
Will Foss, Building Manager
\..-file Copy
Planning 0fvf!msn ~· 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• • RP 12-31/CDP 12-28-BLUEWATER
January 18, 2013
Page 2
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
1. The lot (APN # 203-250-28) that lies furthest east within the project site is zoned R-3. A parking
lot (commercial) is permitted with approval of a Conditional Use Permit (CUP) when the lot on
which it is located in the R-3 zone abuts upon a lot zoned for commercial purposes. Please pay
an additional fee of $3,243.75 for the CUP.
2. Please identify the building material on the first floor of the south elevation. Stucco is indicated
on a part of the wall; however, the other building material is not identified.
3. Please clarify the intent of the 262 square foot balcony on the second floor. Will this be used for
outdoor seating?
Engineering:
1. Review Planning Application P-2 and include all required information on the site plan.
2. Add the proposed grading plan sheet as a sheet of the site plan.
3. Submit a preliminary soils report addressing the pervious pavement's structural section and the
subgrade's ability to meet rainfall infiltration criteria proposed by the preliminary SWMP.
4. Plot intersection sight distance at the driveway entrance per Topic 405 of California Department
of Transportation Highway Design Manual. Remove any obstructions, including landscaping 30
inches or higher, that will interfere with driver visibility.
5. Plot the 45' bus swept width and tracking width turning template per Figure 404-5F of California
Department of Transportation Highway Design Manual. Refuse disposal vehicles must turn
around on site and not back into Carlsbad Boulevard.
6. Plot the easement identified in Item No. 2 of the Preliminary Title Report dated September 27,
2012. Identify the existing right of way for Carlsbad Boulevard.
7. Obtain Planning and Building Division approval for inclusion of the ADA pathway within the
driveway width.
8. Show the location of any existing fire hydrants within 300' of the project site and any proposed
fire hydrants.
9. Show any proposed public water line extensions. Any public line extensions and fire hydrants
should be located in easements with a minimum width of 20'.
10. Expand the discussion in the preliminary SWMP regarding this project's proposed exemption
from hydromodification requirements. Complete and include Figure 2-1 HMP Applicability
Determination flowchart [page 30 of the city SUSMP]. Specifying the location and type of
stabilized conveyance relied upon in the determination. Remove reference to the Tier2 SWPPP
I • • RP 12-31/CDP 12-28-BLUEWATER
January 18, 2013
Page 3
and Medium Construction Threat from the SWMP. They should be included in the project
SWPPP.
11. Show all existing or proposed sewer connections and/or laterals.
12. Certificate of Compliance Doc# 2009-0716208 recorded December 28, 2009 should be reflected
in the Sept 27, 2012 preliminary report as it may allow removal of Items 3 and 4 regarding
previous notices of violations.
Building:
1. Two exits are required from the second floor due to the occupancy type. Please provide a
second stairwell exit from the second floor.
2. Provide physical separation between the disabled path of travel and the vehicular drive aisle.
Landscape:
1. Please provide a copy of the conceptual grading plans with the next submittal for cross checking.
Final comments are reserved pending receipt of this information.
2. Please clearly show and label all property lines, right-of-ways, easements, drainage elements,
and utilities on the landscape plans.
3. Please clearly show and label all potable and reclaimed service locations and lines.
4. Please show and label all vehicular sight lines, including intersection site distance corridors (see
Figures 3-A and 3-B) and Co/Trans sight distance standards (i.e.: stopping sight distance).
Coordinate with the civil engineer to show and label this information on the conceptual
landscape plans. 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. At medium to high use driveways, the 30 inch height limitation
applies at driveways 25 feet from the edge of the apron outward along the curb, then 45
degrees in toward the property. Coordinate to re-work site plan as appropriate eliminating any
conflicting site features within this sight triangle.
5. Please provide a graphic bar scale.
6. Please show proposed grading consistent with grading plans for the project.
7. Indicate positive surface drainage (2% grade in planting areas) away from structures and
terminating in an approved drainage system.
8. Please provide a conceptual elevation for the proposed fencing and walls indicating
materials/finishes and heights.
9. Please explain why the existing Washingtonia robusta palms are being removed. The Landscape
Manual indicates that landscaping shall enhance and be compatible with the positive character
of existing neighborhoods and Carlsbad as a whole. There are many other Washingtonia
• • RP 12-31/CDP 12-28-BLUEWATER
January 18, 2013
Page 4
robusta in this area. Maintaining/protecting the existing palms would be more compatible with
the existing neighborhood. Please note that no additional Washingtonia robusta are to be
incorporated as this palm is now listed as an invasive species. Where additional palms are
provided it is recommended that Queen Palm be used in order to be compatible with those used
on the opposite side of Carlsbad Blvd. See comment #17 below.
10. 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 Water Efficient Landscape Regulations. I understand that construction drawings are
to be prepared in compliance with those regulations and the Landscape Manual. I certify that
the plans will be prepared implementing those regulations to provide efficient use of water."
11. Please open the viewports so that all information is seen (sheets L-2.0 and L-3.0).
12. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. Please provide wall
vines to soften/screen the wall and trash enclosure.
13. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. Landscaping shall be
used to accentuate and enhance architecture. Landscaping to include taller plantings such as
trees, palms or green trellis is needed along the north, east and west sides of the building to
soften and enhance these elevations. Please address.
14. Please address all landscape areas.
15. All utilities are to be screened. Landscape construction drawings will be required to show and
label all utilities and provide appropriate screening. Please also locate and label all light poles
on the landscape plans and insure that there are no conflicts with trees.
16. Please note that turf-grass shall not be allowed where any dimension of the landscaped area is
less than six {6) feet wide.
17. Street 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 address
and note that Phoenix dactylifera is not included in this list.
18. Street trees shall be located a minimum of seven feet from any sewer line; in areas that do not
conflict with public utilities; and outside of sight distance areas. Please insure these
requirements are met.
19. A minimum of 3% of the parking area shall be landscaped. The "parking area" includes all
parking spaces and drive aisles. The plantings shall be contained in planting areas with a
minimum dimension of 4' and bounded by a concrete or masonry curb of \a minimum of 6" in
height. The plantings shall be located throughout the off-street parking are~s in order to obtain
the maximum amount of dispersion. Please provide a calculation proving the percentage of
landscape area provided in the parking area.
• • RP 12-31/CDP 12-28-BLUEWATER
January 18, 2013
Page 5
20. The water use plan has been forwarded to CMWD for review. Any comments will be returned
to the applicant.
21. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored
water use plan) on the next submittal.
Fire:
Comments from the Fire Department are forthcoming under a separate letter.
ISSUES OF CONCERN
Planning:
1. The standard width for a driveway is 24 feet. A 20 foot driveway is proposed. In order to allow a
reduction in the driveway width, a development standard modification must be permitted by
the City Council. A reduction to the standard may be permitted for projects that have a
significant public benefit as determined by the City Council or that assist the Council in meeting
the goals and objectives set forth within the Village Master Plan and Design Manual.
2. The four foot disabled path of travel encroaches into the 20 foot drive aisle. With there already
being a reduction in four feet from the standard drive aisle width, staff cannot support an
additional four feet reduction to a 16 foot drive aisle.
3. The use of metal roofs in District 9 of the Village Review (V-R) is discouraged. Please propose an
alternative roof material.
4. Staff highly encourages enhancing the six foot CMU wall to split face on both sides.
5. The sign will be approved under a separate sign permit application. The sign cannot be approved
as shown. New pole signs are prohibited except for situation where the sign applicant makes a
strong showing that a proposed pole sign is the only effective option for adequately identifying
the premises. Please refer to the signage section of the_ Village Master Plan and Design Manual
for the pole sign standards.
6. The van accessible parking space does not meet the size requirements. The parking space shall
be nine (9) feet wide with an eight (8) foot wide unloading area. Please address this with the
next submittal.
7. Any portions of the building that are demolished and reconstructed shall conform to the current
side yard setback requirement of five (5) feet.
8. The micro-brewery portion of the building has 337 square feet of net floor area which would
require two (2) parking spaces not one (1). Therefore the total number of required parking
spaces is 23. When calculating the required number of parking spaces, if the calculation results
in a fractional parking space, the required number of parking spaces shall always be rounded up
to the nearest whole number (Chapter 21.44.010 of the Carlsbad Municipal Code).