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Home My WebLink AboutSDP 10-01A; Jaguar Land Rover Carlsbad; Site Development Plan (SDP) (2)4f~ "" ~ \~ W CITY OF CARLSBAD • LAND USE REVIEW APPLICATION P-1 Development Services Planning Division .1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: {CHECK BOXES) Development Permits D Administrative Permit ~ Coastal Develapment PeT' it (*) .q : • rne n D Conditional Use Permit(*),· D Minor D Minor D Exten~ion D Environmental Impact ~~sessment D D D Habitat Management'P~rmit '\ Hillside Development Permit(*) Planned Development Permit D Minor D Residential D Non-Residenti~l D Planned Industrial Permit D Planning Commission Determination ~ Site Development Plan Amendment D Special Use Permit D Tentative Tract Map/Parcel Map D Variance 'BJ Administrative (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) ~");J \;t-d, . ;;_ ~~~JA 1;. -A\J \') -0\ D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan D Amendment D Specific Plan D Amendment D Zone Change (*) D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit GJ Administrative D Minor D Major , Village Review Area Permits · D Review Permit D Administrative D Minor D Major (*) = eligible for 25% discount 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).: 211-060-14 ---------------------------------------------------------------------PROJECT NAME: New Wash/Detail Bays Building for Jaguar Land Rover Carlsbad BRIEF DESCRIPTION OF PROJECT: Construction of a new 3,091 s.f. Wash/Detail Bays building within a developed site New building contains 6 wash/detail bays, 2 office areas and a storage, building to support existing main Building Enclosure of an existin~ w~~h baY• no new s.fN added to main building BRIEF LEGAL DESCRIPTION: L-or~ Ot varlsbad Tract 0 72-3 Map No 7492 LOCATION OF PROJECT: 5550 Paseo del Norte ON THE: BETWEEN P-1 East (NORTH, SOUTH, EAST, WEST) Cannon Road (NAME OF STREED SIDE OF AND STREET ADDRESS Paseo del Norte (NAME OF STREED Palomar Airport Road (NAME OF STREET) J)e.ll I oo 1 ~ Paqe 1 of 6 Revised 11/12 MAILING ADDRESS: 1 0 ·'B 5 .C t/J,! ;LA k\)4-t Zp ~-~~/~/~~~-L~~-4~4----- CITY, STATE, I : VJS Z:A C4 9 2.0 8'$1 TELEPHONE: '7 6 o , ..!JJ 8 , "'(77.6. EMAIL ADDRESS: . ~ h~ ~ .5/Je-c; /6bv /, aef I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER IS CORRECT TO THE BEST OF MY AND TALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: \570 THE LEGAL REPRESENTATIVE OF THE THE ABOVE INFORMATION IS TRUE AND ll- OF U¥11fNCM/U;;DG,E. 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. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING REC ED ON THE TIT TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICJ; OF RE;STRICTIONS RUN WITH TH D AND BIN SUCCESSORS I TEREST. Q ''-· FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED DEC 1 8 2~~~ CITY OF CARLSBAD PLANNJNG DJVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 11/12 . ' • 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 Sl:>P I o-01 (If) CDPt~-.:t=r Vouv-t.4nd 'f.Dug_.y- APPLICANT OR APPLICANT'S REPRESENTATIVE BY: (L:tf A. c."'-' cJ -to DATE: ____ f_~ ___ :S __ RECEIVED BY DATE:~ I" 8-I ....... P-21 Page 3 of6 Revised 07/10 «~,~ ~ 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 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 C))fRorate officers. (A separate page may be attached if necessary.) (;(~\e.t.' -tr~~r Person Corp/Part Hoe.hn .;:fLR. , 1' nu Title Title. __ ___,\--'Ser"""...,· ..... o....,~:...:.~.oc:P.c._Y+-------- Address Address .,5'i 'IS l1.c d>u.nh-y :Dr Ca.r \-6~c:t , lA.. · q.,.UX>B 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 r1gk...J L1\ J>-JA\L.r' Corp/Pavr-l.w.o-r ~ M S~tL( Title Gb c;~ ,_ ~~~TxlezZ-. Title C?o <;~ ._ ~-t~ Address 17 /eJ e;;J$VA.Ro lW Address 9 ~3d {. eLotAf)Vu~u/ AVti Page 1 of 2 Revised 07/10 L...----------------------------------------------- 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 Non Profit/Trust. _________ _ 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 D No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I cert"fy that all the above information is true and correct to the best of my knowledge. Ytld"v&I/1(Jf.IA,cv-CoGI-l.. ~rJ.e Print or type name of owner P-1(A) Page 2 of2 Revised 07/10 \(~> ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1{8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: New Wash/Detail Bays for Jaguar Land Rover Carlsbad APPLICANT NAME: flw.j,o ,J"LR. L oc.,J. I 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: We are submitting a Site Development Plan Amendment for the construction of a new 3,091 sq.ft. Wash/Detail Bays Building within an existing developed property. The property is located at 5550 Paseo del Norte in the city of Carlsbad. The 2.75-acre site has an existing building with an approximate area of 14,846 sq.ft. which includes: showroom, offices, parts and service depatments, this existing building also includes an existing wash bay. The site also has parking areas, landscape, sidewalks, trash enclosure and a detached canopy with an approximate area of 1,280 sq.ft. We propose the construction of a new Wash/Detail Bays building containing 6 wash/detail bays, 2 office areas and storage. Fully described on the floor plans as part of this submittal. The intent of this new building is exclusively to support of existing building. The wash bay in the existing building will be enclosed and become area for the parts d~partmnet, this square footage area was included in the original building square footage. The area where the new building will be located serves at this moment as a parking area for sales and the entire area is covered with Asphalt Concrete paving, this means that no new imprevious area will be created on the site. To incorporate this new construction to the existing, all materials and colors will match to those existing in the surroundings. P-1(8) Page 1 of 1 Revised 07/10 HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~he development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application!.!:!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: __ ...:J ............ o'"""Jaj.S.n+--~:f ..... L.....,R,._ . ...,.........:C.o::::...Ln..,V'-----' Address: _ _. . .J,?: .... 6 ..... 5.....,0..___Q ......... n ..... .:s..,eo=-_,:b.,.,e,..J"--'N~ocL..1.:.>:c.:::...._ __ & b k, d ~ 'tl.tl20 Phone Number: 1lfe0. L/94-,'[t,(P PROPERTY OWNER Phone Number: 7 &o 7 3 2.-1 "31 3 Address of Site: __ 55_5_0_P_A_S_E_O_D_E_L_N_O_R_T_E _______________ _ Local Agency (City and County): __ C_IT_Y_O_F_C_A_R_L_S,;;_B_A_D;___,_:;C.....:O.....:U:....:.N_T_Y___;_O_F_S.....:A...;,;,N___;_D..:..:I E::....G;:._O __ _ Assessor's book, page, and parcel number: __ 2_1_1_-0_6_0_-_1_4 ______________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: _______________________ _ Date of List: ______________________________ _ I-9-ZDI The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1 (C) Page 1 of 2 Revised 07/10 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 apprication is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application} please call (76 02-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1.of 1 Revised 07/10 ·,(~'·)··, ·., ~-· C I T Y 0 F CARLSBAD INSTRUCTIONS:. STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more string~nt storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. lsECTION1' NEW DEVELOPMENT Does your project meet one or more of the following criteria: YES NO 1. Housing subdivisions of 10 or more dwelling units. Examples: single family homes, multi-family homes, X condominium and apartments 2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial X nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. 3. Heavv Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal X working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, X 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the X land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. E-34 Page 1 of 3 REV 1/14/11 ~ ,./ ~·-~ .,,, •"··.< ·~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov 6. Hilfside development Any development that creates more than 5,000 square feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is X twenty-five percent (25%) or greater. 7. Environmentally Sensitive Area fESA( All development located within or directly adjacent2 to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the X ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition. 8. Parking lot Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff 9. Streets, roads. highwavs. and freeways. Any paved surface that is 5,000 square feet or greater used for the X transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet X 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than X 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development Project4. X .. .. 1 Environmentally Sens1t1ve Areas Include but are not hm1ted to all Clean Water Act Sect1on 303(d) 1mpa1red water bod1es, areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water.bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent• means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging direcUy to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicyde use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of3 REV 1/14/11 STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.ca rlsbadca.gov I SECtiQN 2c,: SIGNIFICANT REDEVELOPMENT INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development X Project*? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X INSTRUCTIONS: If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed, exposing underlying soil during construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. .. *for definrt1on see Footnote 4 on page 2 QUESTIONNAIRE RESULTS CJ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. lXI My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: 5550 PASEO DEL NORTE CARLSBAD CA 92008 Applicant Name: I or-\ ~ecL:ku-- E-34 Assessor's Parcel Number{s): 211-060-14 L ;l-I A d0~ Page 3 of3 This Box for City Use Only City Concurrence: I YES I NO I I By: Oate: Project 10: REV 1/14/11 ) • JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: SEE ATTACHED SHEET 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: SEE ATTACHED SHEET 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: SEE ATTACHED SHEET 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: SEE ATTACHED SHEET 5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. SEE ATTACHED SHEET P-4 Page 4 of4 Revised 07/10 •. A f • • JUSTIFICATION# 1 The Jaguar Land rover dealership is an existing improved parcel of land per the specific plan, located in the Carlsbad Car Country Park. The location of the existing main building and the areas of existing improvements and work related operations present the need for the location of the proposed structure to be located in its current place shown in the drawings. A variance is requested for the reduction of a portion of the side yard setback along the location of the proposed building with safety and practicality as the main reasons for the requested variance, the additional width helps with the onsite vehicular movement and visual communications between the various operations on site. JUSTIFICATION# 2 We strongly feel that the approval of a variance changing the side yard distance from 10 feet to 5 feet for this specific construction, would not award any privileges to JLR dealership over others, since at this time most of the other dealerships have already developed their properties and there is evidence that that there are at least four clear cases where established setbacks are non-existent or reduced (see exhibit A). And also all the uses in Carlsbad Car Country are the same with similar operations. JUSTIFICATION# 3 The entire park is dedicated to automotive activities, the activities of the proposed building would not change if variance is granted; in fact, the granting of this variance would create a safer working environment with more space between structures. JUSTIFICATION# 4 The property is also located within a General Commercial Zone C-2, under this zoning designation the side yard setback is zero, which means that the granting of this variance is consistent with the General Plan of the City of Carlsbad. JUSTIFICATION# 5 The proposed project will not affect the protection of coastal resources, because the project is located within a specific development plan and the use of the proposed building is consistent with the main purpose of the Carlsbad Car Country Park. RECEIVED FEB 0 7 ?013 CITY OF CARLSBAD PLANNING DIVISION November 30, 2012 Mike Ramsey Lusardi Land Company 1570 Linda Vista Drive San Marcos, CA 92069 Phone: (760)744-9382 Fax: (760)471-4892 Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Order Nue. NCS-572310-SD Page Number: 1 First American Title Insurance Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 Lusardi's Job #3256 Linda Slavik/ Vince Tocco (858)410-3886 (877)461-2094 vtocco@firstam.com SHARP FAMILY UMITED PARTNERSHIP DATED MARCH 22, 1994 5550 Paseo Del Norte, carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. 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 Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. First American Title Insurance Company .___ _______________________________________________________ _ Order Nu-: NCS-572310-50 Page Number: 2 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. 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. First American Title Insurance Company .. Dated as of November 26, 2012 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: TO BE DETERMINED Order Nue: NCS-572310-SD Page Number: 3 A specific request should be made if another form or additional coverage is desired. lltle to said estate or interest at the date hereof is vested in: SHARP FAMILY LIMITED PARTNERSHIP DATED MARCH 22, 1994 The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2012-2013. First Installment: $15,117.76, DUE Penalty: $0.00 Second Installment: $15,117.76, PAYABLE Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 211-060-14-00 2. Supplemental taxes for the year 2012-2013 assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. First Installment: $ 892.07, DELINQUENT Penalty: $ 89.21 Second Installment: $ 892.07, DELINQUENT Penalty: $ 99.21 Tax Rate Area: 09000 A. P. No.: 211-060-14-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Rrst American Tltle Insurance Company ., '• -------------------------------------------------- Order Nu-: NCS-572310-SD Page Number: 4 4. An easement for INGRESS AND EGRESS and incidental purposes, recorded May 15, 1961 as AS FILE NO. 83960 OF OFFICIAL RECORDS. In Favor of: Affects: CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT ORGANIZED AND EXISTING UNDER THE MUNICIPAL WATER DISTRICT ACT OF 1911 as described therein The location of the easement cannot be determined from record information. 5. An easement shown or dedicated on the map filed or recorded November 30, 1972 as TRACT MAP NO. 7492 OF OFFICIAL RECORDS For: GENERAL UTILITY, SIDEWALK, LANDSCAPE and incidental purposes. 6. Covenants, conditions, restrictions and easements in the document recorded January 24, 1973 as AS FILE NO. 73-021574 OF OFFICIAL RECORDS, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion; sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin or source of income (as defined in California Government Code §12955(p)), to the extent such covenants, conditions or restrictions violate 42 U.S.C. §3604(c)or California Government Code §12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded November 14, 1974 as AS FILE NO. 74- 302069 OF OFFICIAL RECORDS. 7. An easement for EITHER OR BOTH POLE LINES, UNERGROUND CONDUITS and incidental purposes, recorded March 22, 1973 as AS FILE NO. 73-074588 OF OFFICIAL RECORDS. In Favor of: PACIFIC TELEPHONE AND TELEGRAPH COMPANY Affects: as described therein 8. An unrecorded lease dated February 23, 2010, executed by SHARP FAMILY LIMITED PARTNERSHIP, A CALIFORNIA PARTNERSHIP as lessor and HOEHN JLR LLC, A CALIFORNIA LIMITED LIABILITY COMPANY as lessee, as disclosed by a MEMORANDUM OF LEASE recorded March 03, 2010 as INSTRUMENT NO. 2010-0103527 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 9. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON REAL PROPERTY" recorded January 25, 2011 as INSTRUMENT NO. 2011-0046986 OF OFFICIAL RECORDS. 10. The terms and provisions contained in the document entitled "ENCROACHMENT AGREEMENT'' recorded February 08, 2011 as INSTRUMENT NO. 2011-0075528 OF OFFICIAL RECORDS. 11. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON REAL PROPERTY" recorded May 17, 2011 as INSTRUMENT NO. 2011-0255609 OF OFFICIAL RECORDS. First American 77tle Insurance Company Order Nue: NCS-572310-SD Page Number: 5 12. The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded May 15, 2012 as INSTRUMENT NO. 2012-0285555 OF OFFICIAL RECORDS. 13. Rights of parties in possession. Rrst American Title Insurance Company INFORMATIONAL NOTES Order Nue. NCS-572310-SD Page Number: 6 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) COMMERCIAL STRUCTURE known as 5550 PASEO DEL NORTE, CARLSBAD, CA. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 4. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-1), executed by at least two partners, and a certified copy Rrst American 77tle Insurance Company Order N-: NCS-572310-SD· Page Number: 7 of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILilY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a california limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** Rrst American Title Insurance Company LEGAL DESCRIPTION Order Nue. NCS-572310-SD Page Number: 8 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 8 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 8; THENCE ALONG THE BOUNDARY OF SAID LOT 8 AS FOLLOWS: NORTH 67°30'38" EAST, 125.45 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°29'08" A DISTANCE OF 46.23 FEET; TANGENT TO SAID CURVE SOUTH 86°00'14" EAST, 473.14 FEET TO AN ANGLE POINT THEREIN AND SOUTH 22°29'22" EAST, 134.69 FEET; THENCE LEAVING THE BOUNDARY LINE OF SAID LOT 8, SOUTH 67°30'38" WEST, 467.13 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 8; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 8 AS FOLLOWS: NORTH 43°14'25" WEST, 254.43 FEET TO THE BEGINNING OF A TANGENT 957.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°24'39" A DISTANCE OF 123.78 FEET TO THE POINT OF BEGINNING. APN: 211-060-14-00 Rrst American Title Insurance Company Order Nu-: NCS-572310-SD Page Number: 9 The First American Corporation First American litle Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Rrst American Title Insurance Company Order Nue NCS-572310-SD Page Number: 10 CLTA/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 those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (c) land use; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.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. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% 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 ALTA 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: (a) and use (b) improvements on the land (c) and division (d) 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) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Rrst American Title Insurance Company 3. Title Risks: . (a) that are created, allowed, or agreed to by you Order Nue: NCS-572310-SD Page Number: 11 (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) 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: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to 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: Arst American Title Insurance Company Order Nue: NCS-572310-SD Page Number: 12 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. 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 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: Rrst American Title Insurance Company ', Order N~: NCS-572310-SD Page Number: 13 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. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) 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 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, 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. 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. 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 11(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. 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. Rrst American 77tle Insurance Company l • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I ~1111~~1111m ~ 1111~1111~ Ill~ Ill Applicant: HOEHN JHR INC Description Amount SDP1001A 3,188.63 5550 PASEO DEL NORTE CBAD Receipt Number: R0092805 Transaction ID: R0092805 Transaction Date: 12/18/2012 Pay Type Method Description Amount Payment Check 3,188.63 Transaction Amount: 3,188.63 l • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111~1111111~111111111111111~11111111111111111111111 Applicant: HOEHN JHR INC Description Amount CDP12027 930.83 5550 PASEO DEL NORTE CBAD Receipt Number: R0092806 Transaction ID: R0092806 Transaction Date: 12/18/2012 Pay Type Method Description Amount Payment Check 930.83 Transaction Amount: 930.83 City of Carlsbad Faraday Center • Faraday Cashiering 001 1235301-2 12/18/2012 98 l Tue, Dec 18, 2012 03:02 PM Receipt Ref Nbr: R1235301-2/0048 PERMITS -PERMITS Tran Ref Nbr: 123530102 0048 0053 Trans/Rcpt#: R0092805 SET #: SDP1001A Amount: Item Subtota 1 : Item Tot a 1: PERMITS -PERMITS 1 @ $3' 188 . 63 $3,188.63 $3,188.63 Tran Ref Nbr: 123530102 0048 0054 Trans/Rcpt#: R0092806 SET #: CDP12027 Amount: Item Subtota 1 : Item Tot a 1: 2 ITEM(S) TOTAL: Check (Chk# 014272) Check (Chk# 004147) Total Received: Have a nice day! 1 @ $930.83 $930.83 $930.83 $4,119.46 $164.96 $3,954.50 $4,119.46 **************CUSTOMER COPY************* NOTICE OF EXEMPTION To: SD County Clerk From: • CITY OF CARLSBAD Planning Division Attn: Jennifer Samuela Mail Stop A-33 1635 Faraday Avenue Carlsbad CA 92008 (760) 602-4600 MAY .0 6.2013 I H. Ayuyao 1600 Pacific Highway San Diego CA 921 0 I BY----==~ DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public ..• Resources Code (California Environmental Quality Act). Project Number and Title: SDP 10-0l(A)!CDP 12-27-Jaguar Land Rover Carlsbad jProject Location -Specific: 5550 PaseoDel Norte, Carlsbad, CA 92008 i . . IProj'ect Location -City: Carlsbad . ·· Project Location -County: San Diego ln~s£pti~n of Project: Construction of a 3,091 square foot building consisting of six wash/detail ibays, office space, storage space, and the conversion of an existing wash bay to parts storage on a :2.75 acre site. I ·--1 • ,:, I;I~Htmeiof Public Agency Approving Project:--=C~ity~o""'f~C""a~rl:.::::;sb"'"'a::.::d,__ ___________ _ ; ~~-, 'Nameof Person or Agency Carrying Out Project:...:.A-""u=s=ti=n'-=S=i.:..:lv-=a'------------ Name of Applicant:_~H=o=e=hn~JL=R"-"-"I=nc=·--------------------- Applicant's Address: 5550 Paseo Del Norte, Carlsbad, CA 92008 Applicant's Telephone Number:----!.7->::6..::.0_-4:..::9_,4_,-5"""6"""0=0 _________________ _ Exempt Status:. (Check One) D Minister;al (Section 21 080(b )(I); 15268); D De,clared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); [g) Categorical Exemption-State type and section number: Existing'·Facilities-15301 D Statutotj Exemptions-State code number: _____ _;_· __ · --------- 0 ::; General rule (Section 1506l(b)(3)) co ~~--~~., ;·. I . . • ~ · ... · ~~~;s ,.by p~oject is exempt: Construction of small structure on a developed lot. ~~ .-... ~ :.-_ ~ s~ ;·.-1 . § ,: ~~~s\gt1pcy Cpntact Person: Austin Silva Telephone:_7.!-'6"'-"0:....;-6~0=2:....;-4.!..,!6,:_.:::3_!.1 ____ _ ·. V· u ,. ·-l !''·' I 9.··=·~~ .~ i & '! t-'· c 8 ··, 3• ( ~ ~ -~~-! s.· ·:: ~ ON:;NE;tJ, CitY, Planner Date ~~ ~ ~~·;;. ~ ~t.. Date ~cefved fbr filing at OPR: Revised 04/12 ~ MM L&1J Lf/89/ 13 ~CARLSBAD • • a FILE Community & Economic Development www.carlsbadca.gov NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON April 29. 2013 Application #: .:::.C~D!.-P-=1=-2--=2:..:..7 ___________ _ Filing Date: April 29, 2013 Case Name: Jaguar land Rover Carlsbad Decision Date: April17, 2013 Applicant: Hoehn JLR Inc. Agent (if different): Lusardi Construction Co. Address: 5550 Paseo Del Norte, Carlsbad, CA 92008 Address: 1570 linda Vista Drive, San Marcos, CA 92078 Phone: 760-494-5600 Phone: 760-744-3133 Project Description: Request for of a Coastal Development Permit to allow for the construction of a 3,091 square foot building consisting of six wash/detail bays, office space, storage space, and the conversion of an existing wash bay to parts storage on a 2.75 acre site. Project Location: 5550 Paseo Del Norte, Carlsbad, CA 92008 ACTION: 0 APPROVED IZI APPROVED WITH CONDITIONS 0 DENIED (Copy of final resolution/decision Jetter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: IZ! 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 COPs 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 ta the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 '"''',; • SITE MAP • • N NOT TO SCALE Jaguar Land Rover Carlsbad SOP 10-01 (A) I COP 12-27 .. • PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April osth, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This osth d_ April, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is for th.unty Clerk's Filing Stamp o:Q rn : ~~~~~ ~ TJ~i~t~~ ~~ ~::~:~:n~~: ::r-ru ru --~T---~~~~~ -·-·----·-----------1 1 mti: ed =ee .....=! -----·--·--------1 Postmark CJ R"tum lec<>ipt i=ee CJ (Endor· .em< t R"qui ·ed) Here CJ Restncted 1 'eli very =ee --·----'-f · 'i · 13 CJ (Endorseme• t Requi·ed) u-..,_/ ::r-.50P IO...pi~.,-~ .t.~o~.::e:P..bkn-.._,:Jt ..D Total Post:· .....=~ California Coastal Commission Sent To ru .....=~ st;eeCAiiCri CJ or PO Box Ni I ~ iP.c!!!·T.tY.11slll!ia•·;ei!IJI-:~z. Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 _4f~A_ CITY OF ~'CARLSBAD • • FILE COPY 4·'-1·13 Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April17, 2013, to consider a request for the following: CASE NAME: SDP 10-01(A)/CDP 12-27 -Jaguar Land Rover Carlsbad PUBLISH DATE: April 5, 2013 DESCRIPTION: Request for approval of a Site Development Plan Amendment and Coastal Development Permit to allow for the construction of a 3,091 square foot building consisting of six wash/detail bays, office space, storage space, and the conversion of an existing wash bay to parts storage on a 2. 75 acre site at 5550 Paseo Del Norte between Cannon Road and Car Country Drive in Local Facilities Management Zone 3. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Austin Silva in the Planning Division at (760) 602-4631, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. o Coastal Commission Appealable Project: [g) [g) This site is not located within the Coastal Zone Appealable Area. Application deemed complete: 01/08/2013 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 · ··~,~P~Ia=n~n~i~n~g~D~i~v_is_io_n ______________________________________________________________________ ~ ~· S.:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ' j> • SITE MAP • N NOT TO SCALE • Jaguar Land Rover Carlsbad SOP 10-01 (A) I COP 12-27 rn Return ikC<Oipt '-ee g (Endorsem<·nt 8>;qu;·ed) _ -·---··----1 CJ Restricted Delivery Fee Postmark Here 0>·11·13 (Endorsempqt '1e9.uiced) jl,r _....\..of-~fA,..;." Vooiattc Cl )iV't !)-<l i • ~. ~ Tota• Po~,,~ California Coastal Commission ru Attn: Kanani Brown Senna---Suite 103 ~ ~ sfreeCAPi:Nc 7575 Metropolitan Drive Cl orPOBoxNo. S D 02 r-citY.siaie.·z,i an iego, CA 921 08-44 :It ... ee Reverse for Instructions • • FILE COPY c9·JI./3 4'~~ CITY OF ~.p CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE Notice is hereby given that an administrative variance has been applied for to allow a reduction for the south side yard from ten (10) feet to five (5) feet on property generally located at, 5550 Paseo Del Norte, Carlsbad, California, and more particularly described as: LOT 8 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972. If you have any objections to the granting of this variance or wish to have an informal hearing to discuss the requested variance, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 1 0 days of the date of this notice. If you have any questions, please call Austin Silva in the Planning Division at 760-602-4631. CASE NO.: SOP 10-01(A)/ CDP 12-27/ AV 13-01 CASE NAME: Jaguar Land Rover Carlsbad DATE: February 11,2013 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CJ :::r ru ~mmt ~~m:crm .. D'!:lil:1.u~ :::r . . ' ,,, .-=I!_ __ _ ..D 1"- .:0 Total' -· -·---·---------1 California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 Postmark Here 1·"3·13 (~~CITY OF ~~~CARLSBAD • • FILE COPY 1·3·13 Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Jaguar Land Rover Carlsbad PROJECT NUMBER: SOP 10-01 (A)/ COP 12-27 This early public notice is to let you know that a development application for a Site Development Plan Amendment and Coastal Development Permit project within your neighborhood has been submitted to the City of Carlsbad on December 18, 2012. The project application is undergoing its initial review by the City. LOCATION: 5550 Paseo Del Norte PROJECT DESCRIPTION: Request to allow for the construction of a 3,091 sq. ft. building containing 6 wash/detail bays, 2 offices, and a storage area. 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 ~~·------~---------------------------------------------------------------. :. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® .......... ---------------• • ',.-· • ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LA TEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. fl!JN1dtll!£ h/3tf2. APPLICATION NAME AND NUMBER SoP 1 D-Dt {A) I coP 12-.. 2-1 /AJ J3~0t l 1 RECEIVED BY dd/1 DATE: 1-/-? f $ P-21 Page3ot6 Revised 07/10 09 • ~ ::a a::: ("') "' 0 0 w ~ C) -. z .... 0 c ::z: v ~ 0 I ' " \It ~ SAN DIEGO COUNTY ASRSSOII•s MAP IIC 211 PG 06 6 @ 2.93 AC PAR I @) 2.93 AC PAR 2 - -·;~a.,-:-1/T-/lftJO~•'•of.•tE PAS EO 7 ® "' 4.47AC ~PAR I "Z.. ~ ... .. ~ ..,.~~ . ..3, Z41.Z!_ -------------~--- ® 3.13AC PARZ • • I I 10' SIDEWALK/ ESMT MAP 7492 -CARLSBAD TCT NO. 72-3 211-06 I": 2001 09 o--c-J 00 ' ' ~ ~ 102 0 z SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 211 PAGE 08 • 1 @ "A" 4.41 AC • @ 2.93 AC THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UABIUTY IS ASSUW:O FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COa.A..Y WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. @) / " I I I I J I I • • 211-08 @ 10 \ (§)\ 4.23AC \ 9 0 \ \ 9/16/2003 SM I• NO ACCESS Cr:iA.NGES \ \ ~. ~--- BLK 080 L/ OLD 21:3 4 .n1J1, 14 / ,/ NEW YR CUT 1-10 89 215 , 91 1182...,t 126:13 01 jJ09 14 !ga 1737 ~~~ 04 4729 v MAP 12242-CARLSBAD TCT NO 87-3 MAP 7492-CARLSBAD TCT NO. 72-3 ROS 16331,17295 ----, \ z 1"=200' Ea @ SHT I • •(~\ CITY OF ~'CARLSBAD • Memorandum February 13, 2013 To: From: Austin Silva, Project Planner David Rick, Project Engineer • Subject: SOP 10-01(A)/CDP 12-27 JAGUAR LAND ROVER CARLSBAD The engineering department has completed its review of the project. The engineering department is recommending that the project be approved, subject to the following conditions: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Grading 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Community & Economic Development-Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 15 • • 35. Developer shall complete and submit to the city engineer a Project Threat Assessment Form {PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction ofthe city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 39. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan {SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Utilities 60. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. Page 2 of 15 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: DECEMBER 19, 2012 PROJECT NO(S): SOP 10-01(A)/CDP 12-27 PROJECT TITLE: JAGUAR LAND ROVER CARLSBAD APPLICANT: LUSARDI CONSTRUCTION CO./MIKE RAMSEY TO: ~ ~ Land Development Engineering-Administration Police Department-J. Sasway Fire Department-Greg Ryan Building Department-Will Foss Recreation-Mark Steyaert • .. ~ D D D ~ D D D D D 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 DEPARTMENT F IRE 11:7-Piease review and submit written comments and/or conditi me; tnJ:he.PLANNING TRACKJNG DESK in the Planning Department at 1635 Faraday Avenue, by 8/13. If you have ··No Comments, · please so state. If you determine that there are items tn 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. Date PLANS ATTACHED Review & Comment 03/10 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: DECEMBER 19, 2012 PROJECT NO(S): SOP 10-01(A)/CDP 12-27 • lf& 0~,1 REVIEW NO: 1 ... PROJECT TITLE: JAGUAR LAND ROVER CARLSBAD APPLICANT: LUSARDI CONSTRUCTION CO./MIKE RAMSEY TO: ~ ~ ~ • D D D ~ D D D D D Land Development Engineering-Administration Police Department-J. Sasway Fire Department-Greg Ryan Building Department-Will Foss Recreation -Mark Steyaert Public Works Department (Streets)-Nick Roque _____________ Water/Sewer District Landscape Plancheck Consultant -PELA _____________ School District North County Transit District-Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the NNING TRACKI D in the Planning Department at 1635 Faraday Avenue, by you ave o omments," please so state. If you determine that there are items a nee to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you 1\lr-. L COMMENTS: __ /_ '41() __ (/CJ}f! __ J11__;._#¥J_y..:......c::::. ____________ _ Signature PLANS ATTACHED Review & Comment 03/10 ft~ <(~~ CITY OF ~·CARLSBAD • Memorandum December 26, 2012 To: Austin Silva, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: SOP 10-01A/CDP 12-27 JAGUAR LAND ROVER CARLSBAD COMPLETENESS AND ISSUES REVIEW Land Development Engineering has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Revise the site plan per the attached red lined comments. 2. Contact the Encina Waste Authority to determine if you may connect the wash bays to the sewer. The Authority may require that a clarifier be added prior to connection. If they do not allow a connection, then clarify how pollutants in the runoff from the bays will be treated. Encina Waste Water Authority may be contacted at (760) 476-9852. 3. Several impact fees will be assessed with your building permit based on the city's current fee schedule. Fees to be assessed include, but are not limited to, traffic and sewer connection fees. Traffic Fee: A 3,091 square foot addition is projected to generate 124 additional ADT's (3,091 sf x 40 ADT /1,000 sf= 124 ADT) per Table 18.42.020(e) of the Carlsbad Municipal Code. The current traffic fee is $112/ADT. Therefore, the current traffic fee is $13,888. Sewer Connection Fee: A 3,091 square foot addition is projected to generate 1.7 Equivalent Dwelling Units (EDU's) based on dividing the area of 3,091 square feet by 1,800 per Table 13.10.020(c)(12) of Carlsbad Municipal Code. The current cost per EDU is $1,096. Therefore, the sewer impact fee is $1,863 ($1,096 x 1.7 EDU's = $1,863). If you or the applicant has any questions, please either see or contact me at 602-2781. DAVID RICK ~ r Associate Engineer Land Development Engineering Attachment: redlined plans Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: DECEMBER 19, 2012 PROJECT NO(S): SOP 10-01{A)/CDP 12-27 PROJECT TITLE: JAGUAR LAND ROVER CARLSBAD APPLICANT: LUSARDI CONSTRUCTION CO./MIKE RAMSEY TO: ~ • ~ Land Development Engineering-Administration Police Department-J. Sa sway Fire Department-Greg Ryan Building Department-Will Foss Recreation -Mark Steyaert • ~ D D D ~ D D D D D 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 DEPARTMENT ------i Please review and submit written comments and/or conditions to the'd~~~~ flfA~\I!'bfSK' in the Planning Department at 1635 Faraday Avenue, by~/s?il? ifyMl PfM 11No Comment"~ please so state. If you determine that there are items tit need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you i I O COMMENTS: _ _;_N __ ---=..,C..:=D:...._IIv\_· :....l...LWl...:......:....UA~.::....±....l....-________ _ Signature Date PLANS ATIACHED Review & Comment 03/10 _4~_A. C I T Y 0 F VcARLSBAD • Community & Economic Development April 22, 2013 Hoehn JLR, Inc. 5550 Paseo Del Norte Carlsbad, CA 92008 • www.carlsbadca.gov SUBJECT: NOTICE OF RESTRICTION-SOP 10-o1(A)/CDP 12-27-JAGUAR LAND ROVER Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the SOP 10-01(A)/CDP 12-27. Please ensure the following items are addressed prior to returning the Notice of R~striction: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760} 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, Afli~~ Assistant Planner c: CEO Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • FILE COF'I Community & Economic Development. www.carlsbadca.gov April18, 2013 Lusardi Construction Company Attn: Mike Ramsey 1570 Linda Vista Drive San Marcos, CA 92078 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: SOP 10-01(A)/CDP 12-27 -JAGUAR LAND ROVER CARLSBAD At the April17, 2013 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. 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, l~ DON NEU, AICP City Planner DN:AS:sm c: Data Entry File Hoehn JLR, Inc., Attn: Gloria Rediker, 5550 Paseo Del Norte, Carlsbad, CA 92008 enc: Planning Commission Resolutions No. 6958 and 6959 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Planning Division March 26, 2013 Lusardi Construction Company Attn: Mike Ramsey 1570 Linda Vista Drive San Marcos, CA 92078 • • SUBJECT: SOP 10-01(A)/CDP 12-27 -JAGUAR LAND ROVER CARLSBAD LJ FILE www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, April 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 April 8, 2013. A twenty (20) minute appointment has been set aside for you at 9:00 AM. 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. t:e71u DON NEU, AICP City Planner DN:AS:sm c: Hoehn JLR, Inc., Attn: Gloria Rediker, 5550 Paseo Del Norte, Carlsbad, CA 92008 File Copy David Rick, Project Engineer T 760-602-4600 F 760-602-8559 I • Community & Economic Development March 6, 2013 Lusardi Construction Co. Attn: Mike Ramsey 1570 linda Vista Drive San Marcos, CA 92078 SUBJECT: AV 13-01-JAGUAR LAND ROVER CARLSBAD • tv\~d 9\ ~\ \~ lj~LE COPY www.carlsbadca.gov The City Planner has completed a review of your application for an Administrative Variance, AV 13-01 at 5550 Paseo Del Norte. The variance is a request to reduce the required side yard setback from ten (10) feet to five (5) feet, to improve the on-site circulation of an auto sales and service facility. A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. No comments were received within the fifteen day notice period ending on February 25, 2013. After careful consideration ofthe circumstances surrounding this request, the City Planner has determined that the five findings required for granting an Administrative Variance CAN be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. By applying the interior side yard setback requirement, the subject property will not be able to locate the proposed accessory building in a location that is similar to other properties within the Car Country Carlsbad Specific Plan that have zero foot side yard setbacks. The reduction of the required side yard setback from 10 feet to five feet would allow for adequate vehicular circulation between the existing and proposed building. The proposed five foot setback provides for adequate landscape screening opportunities and the properties are separated by an existing six foot tall masonry wall. The proposed building is designed with materials consistent with the architectural requirements of the Specific Plan (Slump stone block). The building will not impact the adjacent use as the present use is a similar auto sales and service use with accessory structures and automobile inventory. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding. The variance will not constitute a grant of special privileges as there are other properties within the original Car Country Specific Plan area that have accessory buildings with side yard building setbacks less than the required ten feet (including some with zero foot setbacks). Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 e • AV 13-01-JAGUAR LAND ROVER CARlSBAD March 6, 2013 Page 2 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property. The proposed building will consist of six detail/wash bays, parts storage, and office space which will support the auto sales and service for Jaguar Land Rover Carlsbad. Auto sales and service are a permitted uses within the Car Country Specific Plan and General Commercial (C-2) zone. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the proposed structure is an accessory use to the auto sales facility which is consistent with the Regional Commercial (R) Land Use designation and the Car Country Specific Plan and the setback variance will result in improved on-site circulation. 5. That the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan. The project site is located within the Mello II Local Coastal Program (LCP) Segment. The LCP land Use Plan designates the subject site for Regional Commercial (R) uses which the Car Country Carlsbad Specific Plan and the existing Jaguar Land Rover car auto dealership is consistent with. There are no sensitive coastal resources on the existing developed property and the project is consistent with the surrounding development of auto dealerships in the Car Country Carlsbad Specific Plan which also have reduced side yard setbacks. Conditions: 1. Approval is granted for AV 13-01 as show on Exhibits "A"-"D", dated March 4, 2013, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. • • AV 13-01-JAGUAR LAND ROVER CARLSBAD March 6, 2013 Page 3 This decision may be appealed by you or any member ofthe public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 ·Faraday Avenue in Carlsbad, along with a payment of $6~8.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Austin Silva at (760) 602-4631. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:bd c: Hoehn JLR, Inc. 5550 Paseo Del Norte, Carlsbad, CA 92008 Sharp Family LTD Partnership, 1035 E. Vista Way, Ste. 113, Vista, CA 92084 Don Neu, City Planner Principal Planner Project Engineer Data Entry/OMS File Copy • • RESPONSES TO l 5t REVIEW FOR SOP 10-01(A)/CDP12027 COMMENTS PLANNING: 1. A variance for the minimum side yard setback is being proposed; please find attached Justifications and requested documentation. 2. All required parking are shown, please see site plan. 3. Existing roll-up door has been rectified; please see site and floor plan, pictures show that this door exists where indicated in plans. 4. Finish materials are shown as requested, please see elevations. ENGINEERING: 1. Site plans has been revised as requested. 2. Encina Wastewater Authority has been contacted, please see note #1 on Site Plan. 3. - RECEIVED FEB 01 lf!H CITY OF CARLSBAD PLANNING DIVISION ..Jf~_A CITY OF VcARLSBAD Community & Economic Development February 7, 2013 Lusardi Construction Co. Attn: Mike Ramsey 1570 linda Vista Dr. San Marcos, CA 92078 • ~~1~\o FILE COPY www.carlsbadca.gov SUBJECT: SOP 1o-01(A)/CDP 12-27 -JAGUAR LAND ROVER CARLSBAD -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 Section 15301-Existing Facilities. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing 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, a~ DON NEU, AICP City Planner DN:AS:bd c: Hoehn JLR, Inc., 5550 Paseo Del Norte, Carlsbad, CA 92008 Sharp Family ltd. Partnership, 1035 E. Vista Way #113, Vista, CA 92084 Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ~ . .4f~4._ CITY OF VcARLSBAD • • f\"-~ 'v\ 1 \ Y? FILE COPY Community & Economic Development www.carlsbadca.gov February 7, 2013 Lusardi Construction Co. Attn: Mike Ramsey 1570 Linda Vista Dr. San Marcos, CA 92078 SUBJECT: SOP 10-01(A)/CDP 12-27-JAGUAR LAND ROVER CARLSBAD Congratulations, your project application was deemed complete on January 8, 2013, and the City has determined on February 7, 2013 that the project is exempt from CEQA. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project must be scheduled for a public hearing no later than April 8, 2013. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by February 21, 2013. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. Should you have any questions regarding an application extension or withdrawal, please contact Austin Silva at 760-602-4631 or by email at Austin.silva@carlsbadca.gov. Sincerely, 91,~ DON NEU, AICP City Planner DN:AS:bd c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry Planning Division ® ,-------------------------- 4'f~,A. C I T Y 0 F ~CARLSBAD • Mcul~id, l:CG, i l~ e FILE COPY Community & Economic Development January 8, 2013 www.carlsbadca.gov Lusardi Construction Co. Attn: Mike Ramsey 1570 Linda Vista Dr. San Marcos, CA 92078 SUBJECT: 1st REVIEW FOR SOP 10-0l(A)/CDP 12-27-JAGUAR LAND ROVER CARLSBAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Site Development Plan Amendment and Coastal Development Permit, applications no. SOP 10- 01(A)/CDP 12-27, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide three (3) complete sets of the development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, 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: David Rick, Associate Engineer, at (760) 602-2781. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:bd c: Hoehn JLR, Inc., 5550 Paseo Del Norte, Carlsbad, CA 92008 Sharp Family Ltd. Partnership, 1035 E. Vista Way #113, Vista, CA 92084 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • • SDP 10-0l(A)/CDP 12-27-JAGUAR LAND ROVER CARLSBAD January 8, 2013 Page 2 ISSUES OF CONCERN Planning: 1. The property lies within the original Car Country Carlsbad Specific Plan 19 Area. The minimum side yard setback is 10 feet. A setback of four {4) and a half feet is shown. Please revise the plans to bring the proposed building into conformance with the side yard setback requirement. 2. Four existing parking spaces are shown at the western portion of the site in front of the main building. Please indicate the dimensions of these spaces and show the striping. 3. The site plan shows the oil/comp room as having an opening or door which conflicts with the floor plan and photographs of the building. Please show the oil/comp room as an enclosed room from the exterior on the site plan. 4. Stucco shall be used as the building material on the west elevation to match the existing stucco on the remodeled portion of the main building. Engineering: 1. Revise the site plan per the attached redlined comments. 2. Contact the Encina Waste Authority to determine if you may connect the wash bays to the sewer. The Authority may require that a clarifier be added prior to connection. If they do not allow a connection, then clarify how pollutants in the runoff from the bays will be treated. Encina Waste Water Authority may be contacted at {760) 476-9852. 3. Several impact fees will be assessed with your building permit based on the city's current'fee schedule. Fees to be assessed include, but are not limited to, traffic and sewer connection fees. Traffic Fee: A 3,091 square foot addition is projected to generate 124 additional ADT's {3,091 sf x 40 ADT/1,000 sf = 124 ADT) per Table 18.42.020{e) of the Carlsbad Municipal Code. The current traffic fee is $112/ADT. Therefore, the current traffic fee is $13,888. Sewer Connection Fee: A 3,091 square foot addition is projected to generate 1.7 Equivalent Dwelling Units (EDU's) based on dividing the area of 3,091 square feet by 1,800 per Table 13.10.020{c)(12) of Carlsbad Municipal Code. The current cost per EDU is $1,096. Therefore, the sewer impact fee is $1,863 ($1,096 x 1.7 EDU's = $1,863).