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HomeMy WebLinkAboutSDP 12-03; La Costa Oaks North 3.2 Daycare; Site Development Plan (SDP) (2)CITY OF CARLSBAD LAND USE REVIEW ^ Development Services Planning Division APPLICATION 1635 Faraday Avenue p_-^ (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPUED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Leqislative Permits (FOR DEPT. USE ONLY) r~l Administrative Pennit r~l General Plan Amendment r~l Coastal Development Pennit (*) Q Minor 1 1 Local Coastal Program Amendment (*) r~l Conditional Use Pennit (*) C] Minor • Extension 1 j Master Plan 1 1 Amendment 1 1 Environmental Impact Assessment n Specific Plan fl Amendment O Habitat Management Permit [U Minor • Zone Change (*) r~l Hillside Development Permit {*) r~l Zone Code Amendment r~l Planned Development Pennit l~] Residential Cl Non-Residential n Planned Industrial Permit List o0ier applications not specified 1 1 Planning Commission Detennination ^ Daycare Center Permit Dcia-oi ^ Site Development Plan (Non-Residentai) 1 • n Special Use Pennit • r~l Tentative Tract RAap (*) = eligible for 25% discount r~l Variance [~1 Administrative NOTE: A PROPOSED PROJECT REQUIRING MULUPLE APPUCATIONS NHJST BE SUBUHTTED PRIOR TO 3:30 P-M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBUHTTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 223-812-02 PROJECT NAME: La Costa Oaks North - Neighborhood 3.2 Daycare BRIEF DESCRIPTION OF PROJECT: 15,412 Square foot daycare center located within Neighborhood 3.2 Of the la Costa Oaks Village BRIEF LEGAL DESCRIPTION: Parcels 2 and 4 Parcel Map No. 20359, In the City of Carlsbad, County of San Diego, State of California according to map thereof filed Sept. 20, 2007 LOCATION OF PROJECT: ON THE: EAST 7150 Rancho Santa Fe Road, Carlsbad, CA 92009 STREET ADDRESS SIDE OF Rancho Santa Fe Road (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN San Elijo Road (NAME OF STREET) AND Melrose Drive (NAME OF STREET) p-1 Page 1 of 5 Revised 07/10 OWNER NAME (Print): Carlsbad Preschool LP MAILING ADDRESS: 505 N Brand Blvd, Ste 830 CITY, STATE, ZIP: Glendale, CA 91203 TELEPHONE: (818)409-9104 EMAIL ADDRESS: henthom@jhenthom. com APPLICANT NAME (Print): Carlsbad Preschool LP MAILING ADDRESS: 505 N Brand Blvd, ste 830 CITY, STATE, ZIP: Glendale, CA 91203 TELEPHONE: (818)409-9104 EMAIL ADDRESS: henthom@jhenthom.eom I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO TH£ BES'USF MY KNOWLEDGE. DATE nATC ' DATE APPLICANT'S REPRESENTATIVE (Print): Jack Honthom MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: P.O. Box 237 Carlsbad, CA 92018 760 438 4090 henthom(gjhenthorn. com THAT I AM/TWE LEGAL REPRESENTATIVE OF THE AND THAT M-L/THE ABOWE INFORMATION IS TRUE AND H|JESyC#M9 ly^flWLEDGE. • DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION, l/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE (Saiiii nliirtied^-. FOR CITY USE ONLY RECEIVED MAR 3 0 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: c o PROJECT Development Services DESCRIPTION Planning Division ^CITYOF P1/R\ 1635 Faraday Avenue PAP I ^RAn •^•'W (760)602^610 ^'^rVI—JUrAL/ www.carisbadca.gov PROJECT NAME: T .a rnsta Oaks, Neighhorhnnd 3.2 - Daycare Facility APPLICANT NAME: Carlsbad Pre.school T.P Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed project is for the creation of a Daycare Facility within Neighborhood 3.2 located in the La Costa Oaks Village of the Villages of La Costa Master Plan. The project site is located on the east side of Rancho Santa Fe Road, north of San Elijo Road and south of La Costa Meadows Drive. The project will provide a 15,412 square foot building with classrooms and approximately 26,000 square feet of recreation and activities area for the existing and future residents of the Villages of La Costa Master Plan area. The project design is consistent with the guidelines found within the Villages of La Costa Master Plan, the Zone 11 LFMP and the applicable mitigation measures as set forth in the fmal program EIR for the Villages of La Costa Master Plan. The project proposal includes a site development plan and a child day care administrative permit as required by the Carlsbad Mxmicipal Code and the Villages of La Costa Master Plan. P-1(B) Pagetofl Revised 07/10 ^ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultatk}n of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Govemment Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): I I The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I I The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. APPLICANT Name- Carlsbad Preschool LP Address:505 N. Brand Blvd Ste 830 Glendale, CA 91203 Phone Number: 818-409-9104 PROPERTY OWNER l^gj^g. Carlsbad Preschool LP Address: 505 N. Brand, Ste 830 Glendale. CA 91203 Phone Number: 818-409-9104 Address of Site- ^^^^ Rancho Santa Fe Road, Carlsbad, CA 92009 Local Agency (City and County): Citv of Carlsbad. Countv of San Diego Assessor's book, page, and parcel number: 223-810-17 N/A Specify list(s): Regulatory Identification Number: Date of Liat: N/A N/A rty Owner Si^^nature/Date ~~^.^t^^P^ 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 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov INSTRUG110I»: To address post-devek>pment pollutants that may be generated from devetopment prpjects, 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 Urioan Stomiwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.qov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting fbr a development application (subdivision, discretk>nary 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 redevek}pment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or t>e subject to additional criteria called 'Priority Devetopment 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 stringent stomn water standards than initially assessed by you, this will result in the retum of the development application as incomplete. In this case, please make the changes to the questionnaire and 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 /^sessment 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. sEcnoNi mmmmjomBfr Does your project meet one or more of the following criteria: YES NO 1. Housina subdivisions of 10 or more dwellina units. Examoles: sinqle famiiv homes, multi-femilv homes, condominium and apartments 2. Commercial- areater than 1-acre. Anv develoDment other than heaw industry or residential. Examples: hospitals: laboratories and other medical fedlities; educational institutions; recreatk>nal facilities; municipal facilities; commercial nurseries; mufti-apartment buildings; car wash fadlities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial fadlities. 3. Heaw Industriai 1 industrv- areater than 1 acre. Examoles: manufacturinq plants, food processinq plants, metal working fadlities, printing plants, and fleet storage areas (bus, tmck, ete.). >^ 4. AutomoOve repair shoo. A fadlitv cateaorized in anv one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 xr 5. Restaurants. Anv fadlitv that sells oreoared foods and drinks fbr consumptk>n. indudinq stationarv lunch counters and refreshment stands selling prepared foods and drinks for immediate consumptk}n (SIC code 5812), where the 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 CARLSBAD O F STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov 6. Hillside develooment Anv devekx>ment that creates more than 5.000 souare feet of imoervraus sutiace and is located in an area with known erosive soil condituns, where the devek>pment will grade on any natural slope that is twenty-five percent (25%) or greater. 7. Environmentalhr Sensitive Area (ESA)\ All devekXMnent k>cated within or directiv adiacent^ to or discharoinq directly^ to an ESA (where discharges from the development or redevek>pment will enter receiving waters within the ESA), whk:h either creates 2,500 square feet or more of impervk>us surface on a proposed project site or increases the area of imperviousness of a proposed protect site 10% or more of its naturally occurring condition. x: 8. Parldna lot Area of 5.000 sauare feet or more, or with 15 or more parkinq spaces, and potentially exposed to urt>an runoff X 9. Streets, roads, fwofnvavs. and freewavs. Anv oaved surface that is 5.000 square feet or qreater used fbr the transportation of automobiles, trucks, motorcycles, and other vehicles X 10. Refaif Gasoline Outlets. Servina more than 100 vehicles oer day and areater than 5.000 sauare feet 11. Coastal Develooment Zone. Any proiect k>cated within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. X 12. More ffian 1-acre of disturttance. Proiect results in the disturisance of 1-acre or more of land and is considered a Pollutant-generating Development Prpiect^ 1 Environmentally Sensitive Areas indude but are not limited to aU Clean Water Act Section 303(d) impaired water Ixxlies; areas designated as Areas cf 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 directly 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 bicycle 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 questk)ns above, your projed is subjed to Priority Development Project requirements. Skip Section 2 and please proceed to Sectkm 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requiiements' box in Section 3. Additional stomi water requirements will apply per the SUSMP. If you answered NO to ALL of ttie questions above, then please proceed to Sectron 2 and tbilow the Instaidions. E-34 Page 2 of 3 REV 1/14/11 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760602-2750 www.carisbadca.gov SBHlONa mvHpis^ INSTRUCTIONS: Complete the questions below regarding your piv>ject YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development Project *? INSTRUCTIONS: If you answered NO, please proceed to questk>n 2. If you answered YES, then you ARE a significant redevelopment and you ARE subjed to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements' box in Section 3 below. 2. Is the projed redeveloping an existing priority projed type? (Priority projects are defined in Section 1) INSTRUCTIONS: If you answered YES, please proceed to questk>n 3. If you answered NO, then you ARE NOT a significant redevelopment and your projed is suk>jed to STANDARD STORMWATER REQUIREMENTS. Please check the 'does not meet PDP requirements" box in Sedion 3 below. 3. Is the woric limited to trenching and resurfedng assodated with utility work; resurfedng and reconfiguring surfece paridng tots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged pavement such as pothole repair? Resurfadng/reconfiguring parking tots is where tiie 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 projed is sutiject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements' box in Sedion 3 below. 4. Will your redevekipment projed create, r^lace, or add at least 5,000 square feet of impervnus suifeces on existing developed property or will your projed be located within 200 feet of ttie Pacific Ocean and (1) create 2500 square feet or more of impervious surfece or (2) increases impervkius surfece on the property by more than 10%? Replacement of existing impervious surfaces indudes any adivity that is not part of routine maintenance where impervious material(s) are removed, exposing underiyinq soil durinq construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment, and you ARE subjed to PRIORnY DEVELOPMENT PROJECT requirements. Please check ttie "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your prpied envek>pe or the entire projed site. If you answered NO, then you ARE NOT a significant redevelopment and your projed is subjed to STANDARD STORMWATER REQUIREMENTS. Please check ttie "does not meet PDP requirements" box in Sedion 3 below. *for definition see Footnote 4 on page 2 SECTIONS Qti^rnCMNMffi RESW.TS i^ My projed meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply vvith additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understend flow control (hydromodification) requirements may apply to my project Refer to SUSMP for details. • My prpjed does not meet PDP requirements and must only comply witti STANDARD STORMWATER REQUIREMENTS per ttie Applk:ant Information and Signature Box Address: Assessor's Parcel Number(s): /Applicant Name: ^ y^^9ji^rriQU if Applk^n^TiUe: My • Date: 5^ ^d^l-2^ msBoxforCltyUseOi^y City Concurrence: YES NO By: Date: Project ID: E-34 Page 3 of 3 REV 1/14/11 Citv of Carlsbad Plannino Department DISCLOSURE STATEMENT Applicant's slalemcnt or di.sclosure of certain ownership interests on all applications whicli \\ ill reqiure discretionary action on the part of the City Council or an\ appointed Board. Commission or Commitlec. The following information MUST be disclosed at the time of application siilmiiital. Your project cannot be reviewed until this infonnation is completed. Please print. Note: Person is defined as "Any individual. Ilrm. co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city tnunicipality. district or other political subdivision or any other group or combination acting as a unit." ,4ge)nit,s tnay sign this document: however, the legal name and entity ofthe applicant atid property owner nujsi be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEG.4L names and addresses of .4LL persons having a financial interest in the application. If the applicant includes a corporation or pattnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICAIL NON- APPLICABLE (MA) IN THE SPACE BELOW. If a public 1 v-owned corporation. include the names, titles, and addresses of the corporate officers, (,\ separate page tnay be attached if necessan'.) Person .lohn B. Hansen Corp/Part Carlsbad Preschool LP Ilk ritle .Address Address 505 N. Brand Blvd, Ste 830 Glendale. CA 91203 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of .4LL persons having any invnership interest in the property involved. .Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporatioti, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF TlIF SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publidy; owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessarv .) Person ^ Corp/Part Carlsbad Preschool Title Title .Address Address 505 N. Brand Blvd. Ste 830 Glendale, CA 91203 1635 Faradav Dr • Carlsbad CA 92009-1576 • (7501 602-4600 • FAX (760) 602-8559 • vww CLcarlsbad ca us NON-PROFIT ORGANIZATION OR TRLST 11 any per^on idcnldlcd pursuant to i 1 ,i or (2) above IN a iioijjlii'illj2!lg.a.nj./ah IKI lite iiaiiies and addresses of .\N\ person scr\ing as an ofllcer or director of the non-pr>'ilt oru;!nizativ>n or as a iriislcc vir bcnclici:ir\ of the Nun Prolil 1 fust fitle Addrej \on Profit. Trust t itIc .Address Have \ oii had more than S.^OO worth of business ti-ansacied uitli nieniber of f it\ si;iif. Boards. Cotninissions. Cuinmiltees ;ind <ir Council within the ptisi i\vcKe (12) months'.' ; ^ Yes [Xj No l! \es. please iiidic;ile persuritsj: _ _ _ NOTF: .\n:ich .idoiiiiinal sheets if HLCCss.iiA , 1 ccilifv ih;ti all the ;ib(!\e iiiroriiialioii is true ;,ind correct to the best oi' i_u\ knou Icdee. 3'2o'/-z- ee signature page attached. Nujuaiiirc of ow ner'datc Carlsbad P.^eschool Limited Partnership .A California Limited Partnership Pnnt iir ly pe name of owner 3,- "2.^; ' ' signature page attached s/e/ftiiirc ol ajiplic:ini chile Priiii ox i\pc name of applicant Sigiuiiuiv iM'ciw tier ap[>licant's ;igcn( if applicable'dale Print or ty pe name of ow ncr applicanl's .igeiil H .'\DMIN\COUNTER\DlSCLOSURE STATEMFNT 5,'-93 City of Carlsbad Disclosure Statement OWNER NAME: Carlsbad Preschool Limited Partnership, a Califomia limited partnership, By GFG Equities Limited Partnership, a Califomia limited partnership, its General Partner By GFG Properties, Inc., a Califomia corporation, its General Partner. I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Its Officer Date APPLICANT NAME: Carlsbad Preschool Limited Partnership, a Califomia limited partnership, By GFG Equities Limited Partnership, a Califomia limited partnership, its General Partner By GFG Properties, Inc., a Califomia corporation, its General Partner. I certify that I am the legal representative of the owner and that all the above information is tme and correct to the best of my knowledge. sM^i^ ohn B. Hansen Its Officer Date City of Carlsbad Land Use Review Application P-1 OWNER NAME; Carlsbad Preschool Limited Partnership, a Califomia limited partnership, By GFG Equities Limited Partnership, a Califomia limited partnership, its General Partner By GFG Properties, Inc., a Califomia corporation, its General Partner. I certify that I am the legal owner and that all the above information is tme and correct to the best of my knowledge. Shn B. Hansen Its Officer Date APPLICANT NAME: Carlsbad Preschool Limited Partnership, a Califomia limited partnership, By GFG Equities Limited Partnership, a Califomia limited partnership, its General Partner By GFG Properties, Inc., a Califomia corporation, its General Partner. I certify that I am the legal representative of the owner and that all the above information is tme and correct to the best of my knowledge. By: \U^r^t/ ^ ^//J^ John B. Hansen Its Officer Date PROPERTY OWNER SIGNATURE: Carlsbad Preschool Limited Partnership, a Califomia limited partnership, By GFG Equities Limited Partnership, a Califomia limited partnership, its General Partner By GFG Properties, Inc., a Califomia corporation, its General Partner. By: 3hn B. Hansen Its Officer Date CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF GFG PROPERTIES, INC., a California Corporation WHEREAS GFG Properties, Inc., a California corporation, is the general partner of GFG Equities Limited Partnership, a California limited partnership; WHEREAS GFG Equities Limited Partnership is the general partner of Carlsbad Preschool Limited Partnership, a California limited partnership; WHEREAS Carlsbad Preschool Limited Partnership is seeking to entitle and develop the parcel located on the East side of Rancho Santa Fe Road between San Elijo Road and Melrose Drive known as Parcels 2 and 4 of Parcel Map No. 20359, in the City of Carlsbad, County of San Diego, State of California according to Map thereof filed September 20, 2007: IT IS HEREBY RESOLVED THAT: The Board of Directors of GFG Properties, Inc. hereby authorizes John B. Hansen, President of the Corporation, to legally bind the Corporation by his sole signature on any and all documents pertaining to the entitlement and development of the property described above. AND I DO FURTHER CERTIFY that said resolution has not been amended, modified or rescinded and that it is still in full force and effect. The Officers of the Corporation are: John B. Hansen President Fred L. Carpenter Senior Vice President Mark J. Eisenberg Vice President Vanessa D. Hernandez Secretary William E. Miller Chief Financial Officer Witness my hand and seal of the Corporation at Glendale, California, this 1st day of March, 2012. Vanessa D. Hernandez, Corporate Secretary 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. f«/Qjt^ ttrCS /t^S Co APPLICATION NAME AND NUMBER RECEIVED BY DATE: 3-3 0- / ^ p-21 Page 3 of 6 Revised 07/10 LA COSTA OAKS NORTH - NEIGHBORHOOD 3.2 DAYCARE LOCATION MAP Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company BY PRESIDENT ^"^^^amea^,^^^^ AUTHORIZED SIGNATORY ISSUING OFFICE: 2 First AmericEin Way (P.O. Box 267 - 92702) Santa Ana, Califomia 92707 (714) 800-3000 SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE LIABILITY: $0 FEE: $0 Name of Assured: THE GLENWOOD GROUP Date of Guarantee: March 20, 2012 1. That, according to the last equalized "Assessment Roll" provided to First American Title for SAN DIEGO County - a. The persons listed below as "Assessed Owner" are shown on the assessment roll as owning real property within 600 feet of the property identified on the assessment roll as Assessor's Parcel Number 223-812-02 and 223-812-04. b. The Assessor's Parcel Number and any addresses shown on the assessment roll are attached hereto. ?«i««m^ The Leader in Scientific Consulting and Researclt.. SAN DIEGO CORPORATE OFFICE P.O. Box 488 /1134 D Street Ramona. CA 92065 Phone: 760-787-0016 Fax: 760-787-9165 www.ise.us April 25, 2012 Mr. Jack Henthom Jack Henthom & Associates P.O. Box 237 Carlsbad, Califomia 92018 RE: ACOUSTICAL CONSISTENCY CHECK LA COSTA 3.2 CHILDCARE FACILITY - CARLSBAD CA ISE PROJECT #08-013 Dear Jack: At your request, Investigative Science and Engineering, Inc. (ISE) has performed an acoustical consistency check of the proposed La Costa 3.2 Childcare Facility site located within the Villages of La Costa Master Plan in the City of Carlsbad. Our findings are provided in this summary letter. The proposed La Costa 3.2 Childcare Facility within Neighborhood 3.2 consists of approximately 6.5 acres located in the La Costa Oaks Village of the Villages of La Costa Master Plan. Review of the latest project plans provided by your office show that the proposed use would still provide 15,413 square-feet of classroom and office space, and approximately 26,000 square- feet of recreational space. The dominant area noise source would still consist of trafflc along Rancho Santa Fe Road with trafflc volumes as shown in the original acoustical assessment prepared by ISE. No appreciable changes to the site plans were noted. Based upon our review, no changes to the acoustical characteristics of the project were indicated. It is our opinions that the findings ofthe previous acoustical assessment are still valid. Should you have any questions, please do not hesitate to contact me at the number listed above. Sincerely, RECEIVED Rick Tavares, Ph.D. IJAV fl 1 onn Project Principal "AY 0 1 2012 Investigative Science and Engineering, Inc. CITY OF CARLSBAD PLANNING DIVISION Cc: Karen Tavares - ISE AEROSPACE I FORENSIC ENGINEERING-ACOUSTICS-VIBRATION-MATERIALS SCIENCE EXPERTWTTNESS-AIRQUALTTr-ENVIRONMENTAL COMPLIANCE jL^k Henthom & Associau.^ P.O. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 Fax (760) 438-0981 RECEIVED MAY 0 1 2012 CITY OF CARLSBAD PUNNING DIVISION May 1, 2012 Chris Garcia, Junior Planner City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Resubmittal of SDP 12-03/DC12-01 Dear Chris, This resubmittal responds to comments offered in the Planning Department's letter dated April 17, 2012, regarding the above referenced application. Mr. Rick Tavares of ISE, has reviewed the site plan, architectural plans and has revisited the site. The enclosed letter concludes that the original acoustical analysis remains valid and represents the current condition found at the site. All plans have been revised to include the project number information in the upper right hand corner, as requested. The Police Department Plan Review Recommendations have been noted and will be considered during the final construction drawing phase of the project. The landscape plans have been revised to reflect the requirements related to shade tree location, sizing and spacing. Plant material (shrubs and trees) locations have been checked for line of sight conflicts in accordance with City standards and trees have been located so that they do not interfere with fire hydrant locations or DCDA assemblies. Additionally, the landscape plans have been updated to comply with the new City Landscape Manual and to address the 12 plan related comments contained in the April 3, 2012, comment letter provided by Michael Elliott, City of Carlsbad's Contract Landscape Architect. The redlined plan set is included with the resubmittal package. Finally, the comments related to the Storm Water Management Plan format and the hydrology study have been noted and will be addressed prior to submittal of fina! design plans. Please contact me at your convenience if you need additional information. JEH:wpc 1902 Wright Place, Ste 200, Carlsbad, CA 92008 CLTA Preliminary Report Form (Rev. 11/06) Order Number: VV^L-3906767 Page Number: 1 First American Title First American Title Company 323 Court street San Bernardino, CA 92401 Order Number: VWL-3906767 (22) Escrow Officer: Phone: Fax No.: E-Mail: Lisa P. Figgins (805)267-2618 (866)484-9673 lfiggins@firstam.com Title Officer: Phone: Fax No.: E-Mail: Matt Hooks (909)380-8738 (866)566-3980 mhooks@f i rstam .com E-Mail Loan Documents to: Property: Please contact the Escrow Officer for email address for sending loan documents. Vacant Land 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 aga'inst 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 oflnsurance 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 tiie exclusive remedy ofthe parties. Umitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Umit 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^* of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which ar^not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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 Titie o Order Number: VWL-3906767 Page Number: 2 Dated as of November 28, 2011 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Carlsbad Preschool Limited Partnership, a California limited partnership The estate or interest in the land hereinafter described or referred to covered, by this Report is: A 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 2011-2012. First Installment: $4,581.29, DUE Penalty: $0.00 Second Installment: $4,581.29, PAYABLE Penalty: $0.00 Tax Rate Area: 09083 A. P. No.: 223-812-02-00 (Affects Parcel 2) 2. General and spedal taxes and assessments for the fiscal year 2011-2012. - First Installment: $0.00, INACTIVE Penalty: $0.00 Second Installment: $0.00, INACTIVE Penalty: $0.00 Tax Rate Area: 09083 A. P. No.: 223-812-04-00 The County Tax Collector could not verity the amounts shown above. Please verify the amounts with the County Tax Collector prior to the close of the contemplated transaction. First American Titie \ Order Number: VWL-3906767 Page Number: 3 (Affects Parcel 4) 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. 4. The lien of special tax assessed pursuant to Chapter,2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Uen recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. 5. The terms and provisions contained in the document entitled 1996 Rancho Santa Fe Road Agreement executed by and between City of Carisbad and Real Estate Collateral Management Company recorded March 20, 1998 as Instrument No. 1998-0152405 of Official Records. 6. The terms and provisions contained in the document entitled 1996 Parks Agreement executed by and between City of Carlsbad, a municipal corporation of the state of California and Real Estate Collateral Management Company recorded March 20, 1998 as Instrument No. 1998-0152412 of Official Records. 7. The terms and provisions contained in the document entitled Petition, waiver and consent to creation of a Community Facilities District and Agreement executed by and between Real Estate Collateral Management Company, a Delaware corporation and City of Carlsbad recorded February 27, 2002 as Instrument No. 2002-0164835 of Official Records. 8. The privilege and right to extend drainage structures, and excavation and embankment slopes beyond the limits of Rancho Santa Fe Road, where required for the construction and maintenance of said street, as contained in the deed recorded August 15, 2003 as Instrument No. 2003-0995593, of Official Records. 9. An easement for public utilities, ingress, egress and incidental purposes, recorded April 19, 2005 as Instrument No. 2005-0320923 of Official Records. In Favor of; San Diego Gas and electric Company Affects; As described therein The location of the easement cannot be determined from record information. 10. Abutter's rights of ingress and egress to or from Portions of Rancho Santa Fe and Portions of San Elijo Road adjacent to said land, have been dedicated or relinquished on the filed Map. 11. A document entitled "Notice of Restrictions on Real Property" recorded Apnl 18, 2006 as Instrument No. 2006-0271050 of Official Records. 12. The terms and provisions contained in the document entitled "Notice of waiver concerning proximity of the planned or existing Rancho Santa Fe Road Transportation Corridor(s) No. CT 99- 04/PUD 01-08/HDP 99-02/SUP 01-03" recorded April 18, 2006 as Instrument No. 2006-0271051 of Official Records. First American Title Order Number: VWL-3906757 Page Number: 4 13. The terms and provisions contained in the document entitied First amended and Restated Reimbursement Agreement for construction within the Cit/ of Carisbad, Rancho Santa Fe Road North Realignment and Widening, (Phase 1, Project No. 3190; HCP Frontage Work, Phase No. 2, Project No. 3907 executed by and between City of Carisbad, a municipal corporation and Real Estate Collateral Management Company recorded July 14, 2006 as Instrument No. 2006- 0496910 of Official Records. 14. The terms and provisions contained in the document entitled "Hold Harmless Agreement- Geological Failure" recorded September 15, 2006 as Instrument No. 2006-0658171 of Official Records. 15. The terms and provisions contained in the document entitled "Hold Harmless Agreement- Drainage" recorded September 15, 2006 as Instrument No. 2006-0658173 of Official Records, 16. An easement for public utilities, ingress, egress and incidental purposes, recorded October 20, 2006 as Instrument No. 2006-0748177 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: Lot 210, as shown on Parcel Map No. 20359 17. Tiie terms and provisions contained in the document entitled Hold Harmless Agreement Drainage executed by and between City of Carisbad and Real Estate Collateral Management recorded April 24, 2007 as Instrument No. 2007-0278671 of Official Records. 18. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded April 24, 2007 as Instrument No. 2007-0278672 of Official Records. 19. An easement for communication facilities and incidental purposes, recorded July 23, 2007 as Instrument No. 2007-0490068 of Official Records. In Favor of: Pacific Bell Telephone Company, a California corporation d/b/a AT&T California, its associated and affiliated companies, as their , successors, assigns Affects: As described therein The location of the easement cannot be determined from record information. 20. An easement shown or dedicated on the Map as referred to in the legal description For; Open space and incidental purposes. (Affects Parcel 4) 21. An easement shown or dedicated on the Map as referred to in the legal description For: General utility and access for benefit of Cit/ of Carisbad and incidental purposes. (Affects Parcel 2) First American Title Order Number: VWL-3906767 Page Number: 5 22. An easement shown or dedicated on the Map as referred to in the legal description For: Private joint-use access for benefit of Parcel 1 and incidental purposes. (Affects Parcel 2) 23. Covenants, conditions, restrictions and easements in the document recorded December 03, 2007 as Instrument No. 2007-0749846 of Official Records, 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. 24. The terms and provisions contained in the document entitled "Declaration of Covenants Regarding Drainage" recorded December 03, 2007 as Instrument No. 2007-0749847 of Official Records. 25. A reservation of any and water and water rights in and to said land, contained in deed recorded December 03, 2007, as Instrument No. 2007-0749848. , 26. An easement for various purposes as set forth therein and incidental purposes, recorded December 03, 2007 as Instrument No. 2007-0749848 of Official Records. In Favor of: Carisbad Preschool Limited Partnership, a California limited partnership Affects: As described therein . The location ofthe easement cannot be determined from record information. 27. The Terms, Provisions and Easement(s) contained in the document entitled "Landscape Easement Agreement" recorded December 03, 2007 as Instrument No. 2007-0749849 of Official Records. 28. The Terms, Provisions and Easement(s) contained in the document entitled "Road Easement Agreement" recorded December 03, 2007 as Instrument No. 2007-0749850 of Official Records. 29. Covenants, conditions, restrictions and easements in the document recorded December 03, 2007 as Instrument No. 2007-0749851 of Official Records, 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 Califomia 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. 30. A document entitled "Notice of Restriction on Real Property" recorded February 06, 2009 as Instrument No. 2009-0060118 of Official Records. First American Ttie Order Number: VWL-3906767 Page Number: 6 (Affects Parcel 2) 31. Water rights, claims or tide to water, whether or not shown by the public records. 32. Rights of part:ies in possession. Prior to the issuance of any policy of title insurance, the Company will require: 33. With respect to Carisbad Preschool Limited Partinership, a California limited partnership: a. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; . d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Titie Order Number: VWL-3906767 Page Number: 7 INFORMATIONAL NOTES Note; The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the part:ies. If you desire to review the terms ofthe policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. The property covered by this report is vacant land. 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. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to tlie extent coverage for such loss or damage is expressly provided by the terms and. provisions of the title insurance policy, if any, to which this map is attached. First American Ttie Order Number: VWL-3906767 Page Number: 8 LEGAL DESCRIPTION Real propert?/ in the City of Carisbad, County of San Diego, State of California, described as follows: PARCELS 2 AND 4 OF PARCEL MAP NO. 20359, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 2007. APN: 223-812-02-00 (Affects; Parcel 2) and 223-812-04-00 (Affects: Parcel 4) First American Ttie Order Number: VWL-3906767 Page Number: 9 WIRING INSTRUCTIONS P.AY.ABLETO: B.ANK: .ADDRESS: ACCOUNT NO: ROUTING NUMBER: FIRST AMERICAN TITLE COMPANY First American Trust, FSB 5 First American Way, Santa Ana. CA 92707 3005560000 122241255 PLEASE REFERENCE THE FOLLOWING: CUSTOMER NAME: INTERTEX PROPERTIES-LLC FILE NUMBER: ATTENTION: VWL-3906767 (LF) LISA P. FIGGINS PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO FIRST AMERICAN TITLE COMPANY FUNDS MUST BE WIRED FROM A UNITED STATES B ANK. PLEASE NOTIFY LISA P. FIGGINS AT (805)267-2618 OR ifiggins@tlrstam.com WHEN YOU HA\'E TRANSMITTED YOUR WIRE. FAX NUMBER; (866)484-9673 FIRST .AMERICAN TRUST CONTACT INFO: Banking Ser^•ices 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR NAME(S) ARE NOT INCLUDED First American Ttie 09 3i i' SI SI Si sl SAN ELIJO RD SAW OIEO", f.a-lfIY A^SSSOe'S «AP 223- 81 SHT 1 OF 3 I" = 400' g: MANGES 1* OPEN SPACE ?• NCJ ACCESS J- Sts RECORD M4P -eeAR^'vGS A DISTANCES PUBLIC TRAil. EASEMENT •i' CONS&RVArOM tASCMETJT O o < 'WAP 15318 - CARISBAD TCT NO 99-04-03 VILLAGtS OF LA COSTA - LA COSTA OAKS NORTH I Order Number: VWL-3906767 Page Number: U Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certiified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or miore, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Ttie Order Number: VWL-3906767 Page Number: 12 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B ' EXCEPnONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2, Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv^ environmental protection, or the effect of any violation of these lavi/s, ordinances cr governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affeaing the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. - Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other mad:ers: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed, in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or " . (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy, 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or . failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state fn which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in tending law. I- Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I, Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights o'f police power unless notice of the exercise of such rights appears in the public records at Date of Policy, .1 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shovi/n by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. First American Ttie Order Number: VVyL-3906767 , Page Number: 13 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy, SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 1. Taxes or assessmenis which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2, Any farts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4, Discrepancies, conflicts In boundary lines, shortage'in area, encroachments, or any other facts which a correct sun/ey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6, Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I - Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, dr prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violaUon of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records ac Date of Policy, Defects, liens, encumbrances, adverse clainns, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or coriipleted at Date of Policy), 4, Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated, 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusiosis set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B Ttlis policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof, J, Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct sun/ey would disclose, and which are not shown by jjublic records. 5, Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water, ' , (1, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records, 6. AMERICAN UND TITLE ASSOCIATION LOAN POUCY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Ttie ^^^^ Order Number: VWL-3906767 Page Number: 14 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the iand or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,. (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without- knowledge. .i. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public.records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to tlie Company by the insured claimant prior to the date the insured claimant became an insured under this, policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, tabor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the insured at Oate of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. <\ Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Oate of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Folic/ the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transartion creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (ill) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordahon to impart notice to a purchaser for value or a judgment or Ilen creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the Amencan Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3, Easements, claims of easement or encumbrances which are not shown by the public records, 4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a corrert survey would disclose, and which are not shown by public records. 5, Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any Ilen, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the chararter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance First American Ttie Order Number: VWL-390fr767 Page Number: IS resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not exduded by (a) above, except to the extent that a nodce of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation afferting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which wouW be binding on the rights of a purchaser for value without knowledge. 3, Defects, liens, encurhbrances, adverse daims, or other rnatters; (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 daimant and not disdosed 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 daimant; (d) attaching or created sutisequent to Date of Policy; or (e) resulting in loss or damage which wouU not have been sustained if the insured daimant had paid value for the estate or interest insured by this policy. 4 Any claim, which arises out ofthe transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: (i) the h-ansaction creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction aeating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart nottce to a purchaser for value or a judgment or lien creditor, 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS VJhen the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on reai property or by the public records, 2. Any farts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspedion of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. 4 Discrepancies, confllrts in boundary lines, shortage in area, encroachments, or any other farts which a corrert survey would disclose, and which are not shown by public records. 5 Unpatented mining daims; reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, claims or title to water. ll Any lien, or right to a lien, for sen/ices, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records, 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1, Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: ' land use * land division • improvements on the land * environmental protertion This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Oate, This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2, The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking, 3, Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records »that result in no loss to you * that first affert your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4, Failure to pay value for your title. 5, Lack of a right: » to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exdusion does not limit the access coverage in Item 5 of Covered Title Risks. First American Ttie Order Number: VWL-3906767 Page Number: 16 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER S POUCY OF TITLE INSURANCE - 2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary viralls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a, building b, zoning c, land use d, improvements on the land e, land division f. environmental protertion This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 15, 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 - ttiis 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 desaibed in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 15, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A, The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabilitv Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00 Covered Risk 18; 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19; 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000,00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TTTLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restrirting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the chararter, dimensions, or locadon of any improvement ererted on the Land; (iii) the subdivision of land; or(iv) environmental protertion; or the effert of any violation of these laws, ordinances, or governmental regulations. This Exdusion 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 ftisk 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 disdosed in writing to the Company i>y the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; First American Ttie Order Number; VWL'3906767 Page Number: 17 (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 ll, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing busi.ness laws of the state where the Land is situated, 5. Invalidity or unenforceability in whole or in part of the lien ofthe Insured Mortgage that arises out of the transartion evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protertion or truth-in4ending law. This Exclusion does not modify or lin-it 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 strudure, or any portion of it, to have been construrted before, on or after Date of Policy in accordance ivith applicable building codes. This Exclusion does not modify or limit the coverage provided In Covered Risk 5 dr 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 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 (indudlng those relating to building and zoning) restrirting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (11) the chararter, dimensions, or location of any improvement ererted on the Land; (iii) the subdivision of land; or (iv) environmental protertion; or the effert of any violation of these laws, ordinances, or governmental regulabons. This Exclusion 1(a) does not modify or limit the coverage proyided 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, sufffered, 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 U, 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 transartion evidenced by the Insured Mortgage and is based upon usury or any consumer credit protertion 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 transartion 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 bebveen 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 11(b), 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy, SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: First American Ttie Order Number: VWL-3906767 Page Number: 18 (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. Any farts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspertion of the Land or diat may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance afferting the Title that would be disclosed by an accurate and cornplete land survey of the Land and not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records, 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1, (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restrirting, regulating, ' prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of'any improvement ererted on the Land; (ill) the subdivision of land; or (iv) environmental protertion;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion Ifa) 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 Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title, 4, Any claim, by reason of the operation of federal bankruptcy, state insqivency, or similar creditors'' rights laws, that the transartion vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy, 5, Any lien on the Title for real estate taxes or assessments imposed by governmental authonty and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, 16. AMERICAN UND TITLE ASSOCIATION OWNER S POUCY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy, SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (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 daims that are not shown by the Public Records but that could be ascertained by an inspertion 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 afferting the Title that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public Records, 5.. (a) Unpatented mining daims; (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 Reco'rds. First American Ttie Order Number; VWl-3906767 Page Number: 19 First American Tnh Privacy InformaUon We Are Committed to Safeguanling Customer Information In order to i^etter serve your needs now and in the future, we may ask you to provide us with certain mfomiadon. We understand that you may be concerned about wnat we vvil! do v/itn such information - particulariy any personal c» financial information. We agree that you have a right to know how we wil! utilize the personal informatton you provide !:o us. Therefore, togetner vv^th ou; ftibsidianes -HQ have adopted this Privacy Policy to govwn the use and handling of your personal information. Applicability This Pnvacy Policy governs our use of the informaticm that you provide to us. tt dpes not govern the manner in which we may use information we have obtained from any other source, siich as if"!formafion obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our ii5e of personal informstion regaraiess of its source First American calls these guiddmes tts Fair Information values. 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 recetve from you on applications, forms and in other communtcations to us, whether in wnting, tn person, by telephone or any other mesns; • Information about your transactions wrth 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 beneftt of any nonaffiliated party, Therefore, we will not.release your information to nonaffiiiared paities except: (1) as necessary for'us to provtde ttie product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, mclLding tne penod 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 aiso provide a!! of the ty;>e'^ o' nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies, include financial service providers, such as titie insurers, property and cas^-Mi^i' insitrers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies atid escrow companies. Furthermore, we may also provide ali the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or tc ottier financial institutions with whom we or our affiliated companies have pint marketing agreements. Former Customers Even ll you are no longer our customer, our Privacy Policy wi!i continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties tiave access to any of your information. We restrict access to nonpublic personal information about you to those inc!ividi;a(S anij 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 ensme that your in^ormanon L"^ handled responsibly and tn accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and proceduiai safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is ser^sitive to privacy Issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internef. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect tl^e domain names, riot the e-mail addresses, of visitors. This inforoiation is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar informaticn. Fiist American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, hov«ver, when we may need information from you, such as your name and email address. When information is needed, we wilt use out best efforts to let you knew at tie time of collection how we wiil use the personal information. Usually, the personal information we collect is used only by us to respond to your inquir/, process an order or aiiow y:?u fo access specific account/profile information. If you clXK>se to share any personal information with us, we will only use it in accordance with ttie policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First Amencan's Web sites a>ay make use of "cookie" technology to measure site activity and to customize information to your persona! tastes'. A cookie is an element cf data that a Web sX?, can send to your browser, which may then store the cookie on your hard drive. •" ''*M^;.'.-^'^.'^: uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time whwi you are here and tc provide yt^u with a more ineaningfL;! and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our txtsinesses. We only offer products and services that assure a favorable balance betv;een consumer benefits snc consumer pnvacy. Public Record We believe that an open public record aeates significant vatue for society, enhances consumer choice and creates consumer opportunity. We actively support an opien pubi^c record and emphasize its importance and contribution to our economy. Use We believe we stuauld behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use ana dissemination of data. Accuracy We wil! take reasonable steps to help, assure the accuracy of the data we collect, use and disseminate. Where possible, we wtl! take reasonabie steps to correct inaccurate informstion. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the corsumei can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer pnvacy. We will instruct Qiir empioyees on Our fair information values and on the responsible collectiCHi and use of data. We will encourage others in our industry to collect and use information in a responsible manner, Securtty We will maintain appropriate facilities and systems to proiect agamst unauthorized access to and corruption of the data we maintain. Form 50-PREVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First Amencan Fmanciai Cofporation) RECEIVED MAR 3 0 2012 CITY OF CARLSBAD PLANNING DIVISION ACOUSTICAL SITE ASSESSMENT LA COSTA 3.2 CHILDCARE FACILITY - CARLSBAD CA Submitted to: Mr. Joe Wilson Glenwood Development Company 100 W. Broadway, Ste 1100 Glendale, CA^1210 ACOUSVCS - VIBRATION-AIR QUALITY-TRAFFIC IMPACT ASSESSMENTS - FORENSIC ENGINEERING EXPERT WrrNESS - ENVIRONMENTAL ASSESSMENTS ANO COMPLIANCE Prepared by: ' - Investigative Science and Engineering, Inc. • Scientific, Environmental, and Forensic Consultants i"*. 1134 D. Street Ramona, California 92065 (760)787-0016 www.ise.us ISE Project #08-013 April 2, 2008 • 1 INTRODUCTION AND DEFINITIONS Existing Site Characterization ' The proposed La Costa 3.2 Childcare Facility site consists of approximately 6.5 acres located within the Villages of La Costa Master Plan in the City of Carlsbad. The project site is located on the east side of Rancho Santa Fe Road, north of San Elijo Road and south of La Costa Meadows Drive. Rancho Santa Fe Road via State Route 78 (SR-78) provides regional access to the project area as shown in Figure 1 below. .San Oiego 8 TO FIGURE 1: Project Vicinity Map (ISE 4/08) © 2008 investigative Science ami Engineenng, im The leader in acoustics and vit)raiion. Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA ISE Report #08-013 April 2, 2008 Page 2 The project site currently resides as a graded pad with minimal vegetation. Elevations across the entire site range from approximately 360 feet above mean sea level (MSL) to roughly 420 feet above MSL as can be seen in Figure 2 below. // IpX) m KK 8C0 1000 // FIGURE 2: Project Site Location Map w/ Topography (ISE 4/08) © 2008 investigative Science and Engineenng, ii'ic The leader in acoustics and vibration.. Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA ISE Report #08-013 April 2, 2008 Page 3 Project Oescription The project proposes the creation of a Daycare Facility within Neighborhood 3.2 located in the La Costa Oaks Village of the Villages of La Costa Master Plan (refer to Figure 3 below). The project will provide a 15,413 square foot building with classrooms and approximately 26,000 square feet of recreation and activities area for the existing and future residents of the Villages of La Costa Master Plan area. FUTURE LA COSTA OAKS 3.1 guio I FIGURE 3: Proposed La Costa 3.2 Childcare Facility (Jack Henthom & Associates 2/08) ® 2008 investigative Scisnce and Engineenng, inc ("lie ieadei' in acoustics and vibration.. o Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA ISE Report #08-013 April 2, 2008 Page 4 Acoustical Definitions Sound waves are linear mechanical waves. They can be propagated in solids, liquids, and gases. The material transmitting such a wave oscillates in the direction of propagation of the wave itself. Sound waves originate from some sort of vibrating surface. Whether this surface is the vibrating string of a violin or a person's vocal cords, a vibrating column of air from an organ or clarinet, or a vibrating panel from a loudspeaker, drum, or aircraft, the sound waves generated are all similar. All of these vibrating elements alternatively compress the surrounding air on a fonward movement and expand it on a backward movement. There is a large range of frequencies within which linear waves can be generated, sound waves being confined to the frequency range that can stimulate the auditory organs to the sensation of hearing. For humans this range is from about 20 Hertz (Hz or cycles per second) to about 20,000 Hz. The air transmits these frequency disturbances outward from the source of the wave. Sound waves, if unimpeded, will spread out in all directions from a source. Upon entering the auditory organs, these waves produce the sensation of sound. Waveforms that are approximately periodic or consist of a small number of periodic components can give rise to a pleasant sensation (assuming the intensity is not too high), for example, as in a musical composition. Noise, on the other hand, can be represented as a superposition of periodic waves with a large number of components and is generally defined as unwanted or annoying sound that is typically associated with human activity and which interferes with or disrupts normal activities. Although exposure to high noise levels has been demonstrated to cause hearing loss, the principal human response to environmental noise is annoyance. The response of individuals to similar noise events is diverse and influenced by the type of noise, the perceived importance of the noise and its appropriateness in the setting, the time of day, and the sensitivity of the individual hearing the sound. Airborne sound is a rapid fluctuation of air pressure above and below atmospheric levels. The loudest sounds that the human ear can hear comfortably are approximately one trillion (or 1x10^^) times the acoustic energy that the ear can barely detect. Because of this vast range, any attempt to represent the acoustic intensity of a particular sound on a linear scale becomes unwieldy. As a result, a logarithmic ratio originally conceived for radio work known as the decibel (dB) is commonly employed^ A sound level of zero "0" dB is scaled such that it is defined as the threshold of human hearing and would be barely audible to a human of normal hearing under extremely quiet listening conditions. Such conditions can only be generated in anechoic or ''dead rooms". Typically, the quietest environmental conditions (extreme mral areas with extensive shielding) yield sound levels of appt-oximately 20 decibels. Normal speech A unit used to express the intensity of a sound wave. This level Is deflned as being equal to 20 times the common logarithm of the ratio of the pressure produced by a sound wave of Interest to a 'reference' pressure wave (which is defined as 1 micro Pascal measured at a distance of 1 meter). ) 2008 investigative Science and Engineering, im The leader in acoitjstics and vibration. Acoustical Site Assessment La Costa 3.2 Childcare Facility- Carlsbad CA ISE Report #08-013 April 2, 2008 Page 5 has a sound level of approximately 60 dB. Sound levels above 120 dB roughly correspond to the threshold of pain. The minimum change in sound level that the human ear can detect is approximately 3.0 dBAl A change in sound level of 10 dB is usually perceived by the average person as a doubling (or halving) of the„sounds loudness^. A change in sound level of 10 dB actually represents an approximate 90 percent change in the sound intensity, but only about a 50 percent change in the perceived loudness. This is due to the nonlinear-response of the human ear to sound. As mentioned above, most of the sounds we hear in the environment do not consist of a single frequency, but rather a broad band of frequencies differing in sound level. The intensities of each frequency add to generate the sound we hear. The method commonly used to quantify environmental sounds consists of determining all of the frequencies of a sound according to a weighting system that reflects the nonlinear response characteristics of the human ear. This is called "A" weighting, and the, decibel level measured is called the A-weighted sound level (or dBA). In practice, the level of a noise source is conveniently measured-using a sound level meter that includes a filter corresponding to the dBA curve. Although the A-weighted sound level may adequately indicate the level of environmental noise at any instant in time, community noise levels vary continuously. Most environmental noise includes a conglomeration of sounds from distant sources that create a relatively steady background noise in which no particular source is identifiable. For this type of noise, a single descriptor called the Leq (or equivalent sound level) is used. Leq is the energy-mean A-weighted sound level during a measured time interval. It is the 'equivalent' constant sound level that jwould, have to be produced by a given source to equal the average of the fluctuating level measured. For most acoustical studies, the monitoring interval is generally taken as one-hour and is abbreviated Leq-h. To describe the time-varying character of environmental noise, the statistical noise descriptors LIO, L50, and L90 are commonly used. They are the noise levels equaled or exceeded during 10 percent, 50 percent, and 90 percent of a stated time. Sound levels associated with the LIO typically describe transient or short-term events, while levels associated with the L90 describe the steady state (or most prevalent) noise conditions. In addition, it is often desirable to know the acoustic range of the noise source being measured. This is accomplished through the maximum and minimum measured sound level (Lmax and Lmin) indicators. The Lmin value obtained for a particular monitoring location is often called the acoustic floor ior that location. Finally, a second sound measure employed by the State of California (and the City of Carlsbad) is known as the Community Noise Equivalence Level (CNEL) is defined as the "A" weighted average sound level for a 24-hour day. It is calculated by ' Every 3 dB equates to a 50% of drop (or increase) in wave strength, therefore a 6 dB drop/increase = a loss/increase of 75% of total signal strength and so on. ' This is a subjective reference based upon the nonlinear nature of the human ear. _ ' f „ ® 2Q0d investigative Science and Engineering, inc. '7/(8 leader in acoustics and vibration... Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA ISE Report #08-013 April 2, 2008 Page 6 adding a 5-decibei penalty to sound levels in the evening (7:00 p.m. to 10:00 p.m.), and a 10-decibel penalty to sound levels in the night (10:00 p.m. to 7:00 a.m.) to compensate for the increased sensitivity to noise during the quieter evening and nighttime hours. APPLICABLE SIGNIFICANCE CRITERIA City of Carlsbad Noise Element Guidelines The Noise Element of the City of Carlsbad identifies sound levels that are compatible with various land uses. According to the City of Carlsbad Draft Noise Guidelines Manual, sound levels up to 60 dBA CNEL are compatible with residential land uses. Sound levels up to 65 dBA CNEL are compatible with recreational areas such as parks and playgrounds and would be consistent with a proposed daycare use. • ^ State of California CCR Title 24 , The California Code of Regulations (CCR), Title 24, Noise Insulation Standards, states that single and multi-family dwellings, hotels, and motels located where the CNEL exceeds 60 dBA, must obtain an acoustical analysis showing that the proposed design will limit interior noise to less than 45 dBA CNEL for residences and 50 dBA CNEL for schools. Worst case noise levels, eiiher existing or future, must be used for this determination. Future noise levels must be predicted at least ten years from the time of building permit application. The City of Carlsbad has also adopted the CCR Title 24 standards. City of Carlsbad Noise Guidelines The City's Noise Guidelines Manual addresses procedures to implement policies outlined in the Noise Element. Within this manual it states that noise issues that will not be addressed includes loud gatherings or general nuisance noise, which playground noise would fall under. Therefore, no mitigation for any onsite noise generation caused by the children will be addressed in this report. ANALYSIS METHODOLOGY Existing Conditions Field Survey A Quest Model 2900 ANSI Type 2 integrating sound level meter was used as the data collection device. The meter was mounted to a tripod five feet above ground level in order to simulate the noise exposure of an average-height human being. The measurements were performed on March 26, 2008. All monitoring sites were spatially logged using a geographic positioning system (GPS) in order tp maintain horizontal and vertical control. All equipment was calibrated before testing at ISE's acoustics and vibration laboratory to verify conformance with ANSI 81-4 1983 Type 2 and lEC 651 Type 2 standards. © 2008 itwesfigative Science and Engineenng, inc. The leader in acaaslics and vibraiion... Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA ISE Report #08-013 April 2, 2008 Page 7 A single short-term sound level measurement was taken on the proposed site as shown in Figure 4 below. The meter location (ML 1) was located in the northwestem portion ofthe site roughly 95-feet northeast of South Rancho Santa Fe Road. Monitoring for this location was done in this manner in order to obtain an estimate of the worst-case existing onsite noise levels during normal afternoon traffic conditions. FIGURE 4: Ambient Onsite IMonitoring Locations - La Costa 3.2 Childcare Facility (ISE 3/08) TrafTic Noise Impact Assessment Approach The Traffic Noise Model version 2.5 (TNM 2.5) based on FHWA-PD-96-010 and FHWA/CA/TL-87/03 standards was used to calculate future onsite vehicular traffic noise levels. These components are supported by a scientifically founded and experimentally calibrated acoustic computation methodology. The database is made up of over 6,000 individual pass-by events measured at forty sites across the country. Currently TNM 2.5 is the only noise-modeling program accepted by Caltrans for use within the State of California. © 2008 invesfigative Science and Engineenng, inc. The leader in acoustics and vibration... Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA ISE Report #08-013 April 2, 2008 Page 8 Receptor locations were selected to represent the front facades of the proposed building as well as both the open playground area proposed on the south section of the site. Receptor elevations were considered five feet above the appropriate floor (pad) elevation for 1^ floor predictions. The receptor locations can be seen below in Figure 5. FIGURE 5: Modeled Receptor Locations for La Costa 3.2 Childcare Facility (ISE 4/08) © 2008 investigatnre Science and Enginennng, inc. The leader in acauslios and vibration. , Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA ISE Report #08-013 April 2, 2008 Pages Input to the acoustical model includes the following: o A digitized representation of all affected roadways (i.e., Rancho Santa Fe Rd & San Elijo Rd). o Future Average Daily Trips (ADTs) for nearby major roadways.* o A 96/2/2 (automobiles/medium/heavy) traffic mix in accordance with CALTRANS. o A peak hour traffic percentage of 10% of the ADT.* o Receptor and topographic elevations as identified in the project site plans.^ FINDINGS / RECOMMENDATIONS Ambient Sound Measurement Results Testing conditions during the monitoring period were sunny with an average barometric pressure reading of 29.76 in-Hg, an average westerly wind speed of 2 miles per hour (MPH) and an approximate mean temperature of 69 degrees Fahrenheit. The results of one-hour sound level monitoring are shown in Table 1 below. The values for the energy equivalent sound level (Leq), the maximum and minimum measured sound levels (Lmax and Lmin), and the statistical indicators L10, L50, and L90, are given for each monitoring location. TABLE 1: Measured Ambient Sound Levels - La Costa 3.2 Childcare Facility I^Hour Noise Level Descriptors In dBA Site Start Time Leq Lmax " Lmin L10 LSO L90 ML1 ' 3:00 p.m. '53.1 65.9 46.9 55.8 51.6 48.5 Monitoring Location: - o ML 1: Westem porUon of project site facing South Rancho Santa Fe Road. GPS: 33 06.101N x 117'13.295W, EPE 12 ft. Measurements performed by ISE on March 26, 2008. EPE = Estimated Position En-or. As can be seen from the data, measurements collected at the monitoring location ML 1 reflect the typical sound levels associated with the community setting with existing adjacent roadway activities. The hourly average sound levels (or Leq-h) recorded over the monitoring period was 53.1 dBA. The dominant noise source was observed to be from traffic from South Rancho Santa Fe Road. This level would be deemed consistent with the proposed land use. Source: SANDAG Series 10 - 2030 Basic Traffic Prediction Model ' For values between approximately 8 and 12 percent, the energy-mean A-Weighted sound level is equivalent to the CNEL. Outside this range, a maximum variance of up to two dBA occurs between Leq-ti and CNEL. ' Source: Jacl< Henthom & Associates, 3/08. 4 ' ® 2008 in vestigative Science a/!d Engineenng, inc. ' '~ The leader in acoustics and vibration... Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carlsbad CA iSE Report #08-013 April 2, 2008 Page 10 Future Traffic Noise Impacts The primary sources of future traffic noise near the project site would be from surface traffic on South Rancho Santa Fe Road and San Elijo Road. Future traffic estimates for South Rancho Santa Fe Road and San Elijo Road predict volumes and road speeds of 23,000 ADT at 50 MPH and 24,000 ADT at 40 MPH, respectively.^ The results of the acoustical rhodeling for the selected lots are shown below in Table 2. Based upon the modeled results no traffic noise impacts from future traffic along adjacent roadways are anticipated. Therefore, the La Costa 3.2 Childcare Facility development plan was found to be consistent with the City's General Plan Noise Element and would not require any acoustical mitigation. TABLE 2: Receptor Sound Level Prediction Chart for Onsite Noise Generation Sampling Location Shown In Figure 5 Above Predicted Sound Pressure Level (dBA) 56.3 58.4 55.8 57.3 53.4 54.6 ' Source; SANDAG Series 10 - 2030 Traffic Volume Forecast. © 2008 investigative Science and Engineenng, Im The leader in acoustics and vibration. Acoustical Site Assessment La Costa 3.2 Childcare Facility - Carisbad CA ISE Report #08-013 April 2, 2008 Page 11 CERTIFICATION OF ACCURACY AND QUALIFICATIONS This report was prepared by Investigative Science and Engineering, Inc. (ISE). The members of its professional staff contributing to the report are listed below: Ricl< Tavares B.S. Aerospace Engineering / Engineering Mechanics (rtavares@ise.us) M.S. Mechanical Engineering M.S. Structural Engineering Ph.D. Civil Engineering Andre Estrada B.S. Mechanical Engiaeering (aestrada@ise.us) ISE affirms to the best of its knowledge and belief that the statements and information contained herein are in all respects true and correct as of the date of this report. Should the reader have any questions regarding the findings and conclusions presented in this report, please do not hesitate to contact ISE at (760) 787-0016. Content and information contained within this report is intended only for the subject project and is protected under 17 U:S.C. §§ 101 through 810. Original reports contain non-photo blue ISE watermark at the bottom of each page. Approved as to Form and Content: Rick Tavares, Ph.D. Project Principal Investigative Science and Engineering, Inc. Attachments to this reoort: TNM 2.5 Model Input/Output Decks /TC"'V*''''^? c« 2008 investigative Science and Engineering, inc, / /^„i. iLl~ The leader in acoustics and vibration. . INPUT: ROADWAYS 08-013 La Costa 3.2 Childcare Facility ISE Andre Estrada/Kyle Shimabuku INPUT: ROADWAYS PROJECT/CONTRACT: RUN: 1 April 2008 TNM 2.5 08-013 La Costa 3.2 Childcare Facility Unmitigated 1st Floor Average pavement type shall be used unless a State highway agency substantiates the use of a different type with the approval of FHWA Roadway Points Name Width Name No. Coordinates (pavement) Flow Control Segment X Y Z Control Device Speed Constraint Percent Vehicles Affected Pvmt Type On Struct? ft ft ft ft mph % South Rancho Santa Fe Road 48.0 pointi 1 3,477.8 2,580.0 358.00 Average points 2 3,829.0 2,077.1 384.00 Average points 3 3.997.8 1,657.0 410.00 Average point4 4 4,027.1 1,014.1 446.00 San Elijo 48.0 points 5 4,052.1 1,?96.0 424.00 Average pointe 6 4,386.2 1,414.0 426.00 Average point? 7 4.584.9 1,397.1 420.00 > o o C:\TNM25\Program\La Costa 3.2\Feet 1 April 2008 INPUT: TRAFFIC FOR LAeqIh Volumes 08-013 La Costa 3.2 Childcare Facility ISE Andre Estrada/Kyle Shimabuku INPUT: TRAFFIC FOR LAeqIh Volumes PROJECT/CONTRACT: RUN: 1 April 2008 TNM 2.5 08-013 La Costa 3.2 Childcare Facility Unmitigated 1st Floor Roadway Points • Name Name No. Segment Autos MTrucks HTrucks Buses Motorcycles Name Name No. V S V S V S V S V S Name Name No. veh/hr mph veh/hr mph veh/hr mph veh/hr mph veh/hr mph South Rancho Santa Fe Road pointi 1 2208 50 46 50 46 50 0 0 0 0 point2 2 2208 50 46 50 46 50 0 0 0 0 points 3 2208 50 46 50 46 50 0 0 0 0 point4 4 San Elijo points ' 5 2304 40 48 40 48 40 0 ' 0 0 0 point6 6 2304 40 48 40 48 40 0 0 0 0 point? 7 C:\TNM25\Program\La Costa 3.2\Feet 1 April 2008 INPUT: BARRIERS 08413 La Costa 3.2 Childcare Facility ISE Andre Estrada/Kyle Shimabul(u INPUT: BARRIERS PROJECT/CONTRACT: RUN: 1 April 2008 TNM 2.5 08-013 La CosU 3.2 Childcare Facility Barrier Points Name Type Height If Wall If Berm Addtni Name No. Coordinates (bottom) Height Segment Min Max $ per $ per Top Run:Rlse $ per x Y Z at Seg.Ht Perturbs On Important Unit Unit Width Unit Point Incre-#Up mn Struct? Reflec- Area Vol. Length ment tions? ft ft-$/sqft $/cu yd ft ft:ft $m ft ft ft ft ft Community Center W 0.00 99.99 0.00 0.00 pointi 1 4,075.9 2,004,1 380.00 15.00 0.00 0 0 point2 2 4,130.7 2,047.0 380.00 15.00 0.00 0 0 points 3 4,228.3 1,923.0 380.00 15.00 0.00 0 0 point4 4 4,125.9 1,843.0 380.00 15.00 0.00 0 0 points 5 4,089.3 1,891.0 380.00 15.00 0.00 0 0 points 6 4,136.2 1,926.9 380.00 15.00 0.00 0 0 point7 7 4,077.1 2,003.0 380.00 15.00 o o C:\TNM2S\Program\La Costa 3.2\Feet 1 April 2008 INPUT: TERRAIN LINES 08-013 La Costa 3.2 Childcare Facility ISE Andre Estrada/Kyle Shimabuku INPUT: TERRAIN LINES PROJECT/CONTRACT: RUN: 1 April 2008 TNM 2.5 08-013 La Costa 3.2 Childcare Facility Unmitigated 1st Floor Terrain Line I'oints > Name No. Coordinates (ground) Name X Y Z Name ft fl ft Terrain Line1 1 4,253.0 1,455.0 420.00 2 4,524.0 1,463.0 426.00 3 4,108.0 1,443.0 425.00 4 4,084.0 1,588.0 414.00 11 4,045.0 1,704.0 408.00 5 3,977.0 1,918.0 396.00 6 3,870.0 2,118.0 384.00 7 3,786.0 2,249.0 376.00 8 3,722.0 2,342.0 370.00 9 3,587.0 2,580.0 350.00 10 3,557.1 2,635.2 340.00 Terrain Line2 13 4,060.0 2,178.0 375.00 14 3,988.0 2,204.0 375.00 15 3,926.0 2,170.0 380.00 20 4,007.0 2,001.0 382.00 16 4,080.0 1,817.0 384.00 17 4,226.0 1,812.0 383.00 18 4,247.0 1,923.0 382.00 19 4,239.0 1,986.0 380.00 o o C:\TNM25\ProgramVLa Costa 3.2\Feet 1 April 2008 INPUT: RECEIVERS 08-013 La Costa 3.2 Childcare Facility ISE Andre Estrada/Kyle Shimabuku INPUT: RECEIVERS PROJECT/CONTRACT: RUN: 1 April 2008 TNM 2.5 08-013 La Costa 3.2 Childcare Facility Unmitigated 1st Fioor Receiver Name No. #DUs Coordinates (ground) Height above Ground Input Sound Levels and Criteria Active Name No. #DUs X Y Z Height above Ground Existing LAeqIh Impact Cri LAeqIh teria Sub'l NR Goal in Caic. Name No. #DUs ft ft ft ft dBA dBA dB dB in Caic. Receiverl 1 1 4,100.6 2,030.2 383.00 4.92 0.00 66 10.0 8.0 Y Receiver2 2 1 4,084.6 1,980.6 383.00 4.92 0.00 66 10.0 8.0 , Y Receivers . 3 1 4,108.8 1,912.7 383.00 4.92 0.00 66 10.0 8.0 Y Receiver4 4 1 4,104.3 1,863.8 383.00 4.92 0.00 66 10.0 8.0 Y Receivers 5 1 4,162.8 1,864.3 383.00 4.92 0.00 66 10.0 8.0 Y Receiver6 6 1 4,199.0 1,844.0 383.00 4.92 0.00 66 10.0 8.0 Y o o C:\TNM25\Program\La Costa 3.2\Feet 1 April 2008 RESULTS: SOUND LEVELS 08-013 La Costa 3.2 Childcare Facility ISE Andre Estrada/Kyle Shimabul(u RESULTS: SOUND LEVELS PROJECT/CONTRACT: RUN: BARRIER DESIGN: ATMOSPHERICS: 1 April 2008 TNM 2.S Calculated with TNM 2.5 08-013 La Costa 3.2 Childcare Facility Unmitigated 1st Floor INPUT HEIGHTS 68 deg F,50% RH Average pavement type shall be used unless a State highway agency substantiates the use of a different type with approval of FHWA. Receiver Name No. #DUs Existing LAeqIh No Barrier LAeql h Increase over existing With Barrier Name No. #DUs Existing LAeqIh No Barrier LAeql h Increase over existing Type Calculated LAeqIh Noise Reduction Name No. #DUs Existing LAeqIh Calculated Crit'n Calculated Crit'n Sub'l Inc Impact Calculated LAeqIh Calculated Goal Calculated minus Goal dBA dBA dBA dB dB dBA dB dB dB Receiverl 1 1 0.0 56.3 66 56.3 10 — 56.3 0.0 8 -8.0 Receiver2 , 2 1 0.0 58.4 . 66 58.4 10 — 58.4 0.0 8 -8.0 Receivers 3 1 0.0 55.8 66 55.8 10 — 55.8 0.0 8 -8.0 . Receiver4 4 1 0.0 . 57.3 66 57.3 10 — 57.3 , 0.0 8 -8.0 Receivers , 5 1 0.0 53.4 66 53.4 10 — 53.4 0.0 8 -8.0 Receivers 6 1 0.0 54.6 66 54.6 10 y — 54.6 0.0 8 -8.0 Dwelling Units #DUs Noise Reduction Dwelling Units #DUs Min Avg Max dB dB dB All Selected 6 0.0 0.0 0.0 All Impacted 0 0.0 0.0 0.0 All that meet NR Goal 0 0.0 0.0 0.0 o C:\TNM25\Program\La Costa 3.2\Feet 1 April 2008 JO^ Henthorn & AssociatQ P.O. Box 237 ^ Carlsbad, California 92018-0237 (760) 438-4090 Fax (760) 438-0981 RECEIVED March 29, 2012 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: La Costa Oaks Daycare - Site Development Plan Submittal Package Dear Planner: The enclosed materials are submitted on behalf of Carlsbad Preschool, LP requesting approval of a site development plan and a child day care administrative permit that would permit a child day care facility proposed for development vdthin Neighborhood 3.2 of the La Costa Oaks Village of the Villages of La Costa Master Plan. A similar project was approved on the site in November of 2008. Due to intervening economic conditions, the project approvals expired before the applicant could obtain building permits. A slightly modified project is being submitted for consideration. The primary modifications relate to changes necessary to achieve compliance with storm water regulations. The architecture and basic configuration of the site remain unchanged from the original plans. The subject site is located in the northeast portion of the La Costa Oaks Village within Neighborhood 3.2, east of Rancho Santa Fe Road, north of San Elijo Road, and south of La Costa Meadows Drive. The site is designated by the Master Plan with a Commimity Facilities (CF) land use designation and zoned P-C (Planned Community) with an underlying Community Facilities (C-F) zoning designation. The remaining portion of Neighborhood 3.2 to the south is the existing RV Storage Facility for the La Costa Oaks Village that was approved by CUP 05-06. The subject site is approximately five (5) acres in size with a planned use of a child day care facility which will serve approximately 315 children from infant to kindergarten. The proposal is to build a facility that reflects the latest in child development education philosophy that will include over a half of an acre of recreation and activities area. The proposed facility will include a 15,413 square foot building with twelve classrooms, administration offices and storage areas. The proposed building is single-story with a maximum height of twenty-seven (27) feet. The architectural detailing of the building incorporates stone veneer, arched openings, accent tiles above main architectural elements, a wood trellis system, foam form cornice, and stucco wainscoting. The facility will also include an approximately 26,000 square feet exterior play area that will be enclosed with a six (6) foot high tubular steel fence. Sixty-two (62) parking spaces have been provided to serve the proposed facility that is consistent with the required number of parking spaces per the regulations found with the Section 21.44 of the City 1902 Wright Place, Ste 200, Carlsbad, CA 92008 of Carlsbad's Municipal Code. Interior and perimeter landscaping is proposed with the subject application that will complement the proposed building as well as the existing landscaping shown on the approved landscape construction plans for Neighborhood 3.2, Drawing No. 429- 7N. The proposed project is consistent with the policies and programs of the Villages of La Costa Master Plan. The Master Plan designated Neighborhood 3.2 has a community facilities site and anticipated the future construction of a day care facility. The proposed project is consistent with the standards and guidelines included within the Master Plan and applicable zoning standards. As mentioned above, the enclosed proposal includes requests for approval of a Site Development Plan and a Child Daycare Administrative Permit. In reviewing the Carlsbad Municipal Code, Section 21.25.040 (Community Facilities Zone) requires that stand alone child day care facilities are permitted subject to the approval of a site development plan. Pursuant to Sections 7.2.7 & 7.7.3.2.d of the Villages of the La Costa Master Plan, a Child Daycare Administrative Permit is required for the proposed use within the subject neighborhood. As a result applications are enclosed for both a Site Development Plan and a Child Daycare Administrative Permit as required by the Municipal Code and Master Plan. The submittal includes 7 sets of the site development plan, conceptual landscape plans and architecture plans for your review along with all the supporting documentation. This documentation includes all the required executed applications, preliminary title report, project description, location map, color and material board, hydrology/water quality technical report, reference drawings for the Engineering Department and acoustical site assessment report. Included in the enclosed reference drawings is DWG No. 442-1 that includes the approved water and sewer improvements associated with the subject proposal. These drawings have been signed by the Vallecitos Water District providing proof of service and are provided in lieu of a sewer availability letter. The proposed daycare project does not constitute any significant impacts on the environment that were not previously examined and evaluated in the Final Program Environmental Impact Report (FPEIR) for the Villages of La Costa Master Plan (2000) MP 98- 01, certified by the City Council on October 23, 2001. As a result, the Environmental Information Form P-l(D) enclosed submittal package notes that he project in prior enviromnental compliance with the FPEIR.. As the subject residential project was analyzed under the Villages of La Costa Master Plan (2000) MP 98-01, the environmental analysis required by the Califomia Environmental Quality Act has been satisfied through the prior Certified FPEIR. No material change in the project, significant changed circumstances or material new facts have been identified which would require any further supplemental or subsequent environmental impact reports as the Certified FPEIR evaluated the range of potential impacts for the entire Master Plan project and the City adopted the required Mitigation Monitoring and Reporting Program to assure all impact mitigations will be implemented. -2- If you have any questions or need any additional information, please feel free to call me at (760) 438-4090, or e-mail me at henthom(g)jhenthom.com. ick E. Henthom ^resident end. Site Development Plan Submittal Package cc: Joe Wilson, Glenwood Development Company John Hansen, Carlsbad Preschool, LP file JHA/N. 3.2: Daycare - Submittal Letter -3- cy of Carlsbad iraday Center araday Cashi- g 001 1209001-2 03/ 12 98 Fri, Har 30, . . 12:06 PM Receipt Ref Nbr: P1209001-2/0021 PERMITS - PERMITS Tran Ref Nbr: 120900102 0021 0023 Trans/Rcptt: R0088999 SET #: SD' .103 Amount: 1 @ $10,959.40 Item Subtotal: $10,959.40 Item Total: $10,959.40 PERMITS - PERMITS Tid.. Ref Nbr: 120900102 0021 0024 Trans/Rcpt#; R0088998 SET #; DC120001 Amount: 1 @ $394.00 Item Subtotal: $394.00 Item Total: $394.00 2 [TrM(S) TOTAL: $11,353.40 Checl< iChk# 007235) $32.40 Check (Chk# 007234) $11,026,00 Credit Card (Auth# 00575A) $295.00 Iota] Received; $11,353.40 Have a nice day! •+*****CUSTOMER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 •iiniiiiiMiii Applicant: CARLSBAD PRESCHOOL LTD PTNSHP Description Amount SDP12003 10,959.40 7150 RANCHO SANTA FE RD CBAD Receipt Number: R0088999 Transaction ID: R0088999 Transaction Date: 03/30/2012 Pay Type Method Description Amount Payment Check 10,959.40 Transaction Amount: 10,959.40 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 •lllilllillfl Applicant: CARLSBAD PRESCHOOL LTD PTNSHP Description Amount DC120001 394.00 7150 RANCHO SANTA FE RD CBAD Receipt Number: R0088998 Transaction ID: R0088998 Transaction Date: 03/30/2012 Pay Type Method Description Amount Payment Check 394.00 Transaction Amount: 3 94.00 Notice of Determination City of Carlsbad JUL 17 2012 To: n Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 ^ SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 Community & Economic From: CITY OF 6^gft^Stt)Department Planning Division 1635 Faraday Avenue [1^ g g) Carlsbad, CA 92008 Hrnesi.l Dronenburg. .ir. Recorder Count) Cierl(760) 602-4600 BY JUN 13Z012 J. Samuela DEPUTY Project No: SDP 12-03/DC 12-01 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. La Costa Oaks 3.2 Daycare Project Title 1999011023 City of Carlsbad, Chris Garcia (760) 602-4622 State Clearinghouse No. Lead Agency, Contact Person Telephone Number East side of Rancho Santa Fe Road and north of San Elijo Road, Carlsbad, CA (San Diego County) 7150 Rancho Santa Fe Road, APN 223-812-02-00 Project Locations (include County) Name of Applicant: Carlsbad Preschool, LP Applicant's Address: 505 N. Brand Blvd, Suite 830, Glendale, CA 91203 Applicant's Telephone Number: 818-409-9104 Project Description: Request for a Site Development Plan and a Day Care Center Permit for the development of a 4.9 acre parcel with a 15,412 square foot child daycare center located in La Costa Oaks Neighborhood 3.2 ofthe Villages of La Costa Master Plan. The project was described in the program EIR for the Villages of La Costa Master Plan and the proposed activities will have no effects beyond those analyzed in the Program EIR. This is to advise that the City of Carlsbad has approved the above described project on June 6, 2012, and has made the following determination regarding the above described project. 1. The project will have a significant effect on the environment. 2. ^ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. I I A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. I I This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition ofthe approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Villages of La Costa Master Plan EIR 98-07 with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. FII FD !N THF nFFif.F OF THF nni if^TY r.l m DON NEU, City Planner Date received for filing at OPR: 9am Di^Counly on JUN 1 5 2012 JUN 1 5 2012 ^r^ry^^ JUL 1 ninr Rflturnsd tD ager^ cj Deputy^ nrr J. Samuela TTW Date Revised 04/12 HI. _S STATE OF CALIFORNIA - TH^. -SOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT CITY OF CARLSBAD Lead Agency: County/StateAgency of Filing: SAN DIEGO *355631* Dat«^11/25/2008 DocuBilBnt No.: 014783 Project Title: LA COSTA OAKS NORTH 3.2 DAYCARE Project Applicant Name: CARLSBAD PRESCHOOL - JOSEPH WILSOhf^^ Al Project Applicant Address: 100 W BROAWAY, SUITE 1100 City GLENDALE state CA .JiL. Zip Code 9121^^-i''Ptione Number: (818)409-0115 Project Applicant (check appropriate box): I I Local Public Agency d] School District Q Other Special District State Agency Private Entity Check Applicable Fees: $2,606.75 $1,876.75 $886.25 $886.25 $50.00 Environmental Impact Report Negative Declaration Application Fee Water Diversion (State Water Resources Control Board Only) Projects Subject to Certified Regulatory Programs ^ County Administrative Fee Project that is exempt from fees I I Notice of Exemption I I DFG No Effect Determination (Form Attached) TOTALRECEIVED $ Signature and title of person receiving payment: L. KeSiaM ^T^VO'Vspf^ft CllCS 2,606.75 50.00 50.00 Deputy WHITE - PROJECT APPLICANT YELLOW-DFG/FASB PINK - LEAD AGENCY GOLDENROD - COUNTY CLERK DFG 753.5a (Rev. 1/08) iREM: 10-01 RCT: 10645 *355631* 3- tO ru cr n~ HI j- 43 a • • • d Ln ru ru IT a a U.S. Postal Service™ CERTIFIED MAIL™ RECEIPT^ (Domestic Mail Only; No Insurance Coverage ^W>deo For delivery information visit our website at wvinw.usps.com® if% Postage Ceitfied Fee Return Receipt Fee (Endorsement Required) Restricted (Delivery Fee (Endorsement "-""^j^^.^. /Uo-flOLO^^i^^^WC^I Postmark Hare GS-IS Total Pos Senf To California Coastal Commission Attn: Toni Ross Suite 103 SENDER: COMPLETE^IS SECTION 1 Complete items 1, 2, ^3. Also complete Item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 street, Apt. ... . orPOBox. 7575 Metropolitan Drive cayrsia'te," San Diego, CA 92108-4402 COMPLETE THIS SECTIOItON DELIVERY m B^eoeived by f PrintefJ ^,0''^ent • Addressee latecf Delivery D. Is delivery addtBSs different from Item 17 • Yes If YES, enter delivery address t>elow: • No 3. SayiceType j!2^^Certifled Mail • Express Mail • Registered S^etum Receipt for Merchandise • Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Numtier (Transfer from service label) 7DQT ESSD DDDD fl4n =iafl4 PS Form 3800, August 2006 See Reverse for Instructions PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 ^ O O FILECOPY CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR A SECOND DWELUNG UNIT NOTICE OF PENDING DECISION DATE: June 5, 2012 APPLICATION NUMBER: CDP 12-10 PROJECT DESCRIPTION: The construction of a Second Dwelling Unit attached to the rear of an existing single-family home. An existing bedroom and bathroom will be included in the Second Dwelling Unit along with a new 192 square foot kitchen and dining area. LOCATION: 1480 Tara Court, Carlsbad, CA 92008 APN: 207-440-03-00 The proposed development is located within the City of Carlsbad's Coastal Zone. No formal public hearing is required for this application. However, anv written comments on this application must be submitted to the Citv within 15 working davs of the date of this notice. fNote: Add the following only if second dwelling unit is in an appeal area per 21.201.130: Failure to submit comments may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application.) The Citv Planner will make a decision on this application 15 working days after the date of this notice. Written comments to this proposed development should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Chris Garcia, at the City of Carlsbad Planning Division, (760) 602-4622, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® psm PUi BLIC C. STATE OF CALIFORNIA County of San Diego I am a citizen of the United State of the County aforesaid: I am c eighteen years and not a party to the above-entitled matter. I am th of the printer of North County Tin Formerly known as the Blade-C Times-Advocate and which newspc adjudicated newspapers of genere the Superior Court of the County State of California, for the City of the City of Escondido, Court C 171349, for the County of San [ notice of which the annexed is a pi in type not smaller than nonpai published in each regular and entii newspaper and not in any supplen the following dates, to-wit: May 25*^ 2012 PLANNING COMMISSION PUBLIC HEARING ' '" NOTiCE IS HEREBY GIVEN to you, because your interest may be affected, tfiat the Planning Commission of ttie City of Carlsbad will tiold a public fiearing at the Council Chambers, 1200 Carlsbad Village Drive, Cailsbad, California, at 6:00 p.m. on Wednesday, June 6,2012, to consider the following: 1) CDP 11-20/ SUP 11-05 ; EUCALYPTUS LANE - Request for approval of a Coastal Development Permit and Special Use^rmiFto"aTiow for the construction of two new single-family residences (3,388 SF and 3,068 SF in area) located on two existina residential lots, generally located on the north side of Eucalyptus Lane, west of the mtersection of El Camino Reaf and GrelS Drive, wrthin the Mello II Segment of the Local Coastal Program and In Local Faciliiies Management Zone 1. The project is exempt from the California Environmentai Quality Act. This project is not located within the appealable area of the California Coastal Commission. 2) SDP 12-03 - LA COSTA OAKS NORTH M DAYCARE - Request for a determination that the P™l?,f'^J^^'t"*f, sio^of tt^fp7e*uli7^ifiid^lligii^U Cos^ Program EIR (EIR 98-07) and that the P^gram EIR adequately describes the activity for the purposes of CEQA, and approval ot a Site Development Plan for the development of a 4^9 aae t^arceI withT 5 4^^^^^^ child dayckre center located on the east side of Rancho Santa Fe Road and north oria'?i ENjo Road in La cSsta Oaks Neighborhood 3.2 of the Villages of La Costa Master Plan and Local Facilities Management Zone (LFMZ) 11. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. 31 SDP 00-06(BV CUP 00-06(8)/ CDP 00-09(8) - DAYBREAK COMMUNITY CHURCH - A request for approval of a Site El!S5p7sl^n^e^^rtrc5i^iti5HSU^ and Coastal Development Permit Amendment to altow for a 8 So square foot Expansion to an existing two-story administration and classroom building at Daybreak Cor^l^munlty cKh on property generally located on the southwest corner of Poinsettia Lane and Ambrosia Lane, within the Mello I Segment of the Local Coastal Program and Local Facilities Management Zone 19. The project Is exempt from the California Environmental Quality Act. ^— 4) CUP 11-06/ HMP 11 -05 - FAIRFIELD JNN CARLSBAD - Request for approval of a Conditional Use Permit and Habitat Management Ply Per^ 99 room, business liotel on_a 2.49 acre vacant lot on property I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido^ California On This 25*, day May 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising . ^ j O FILECOPY V CARLSBAD Community & Economic Development www.carisbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, June 6, 2012, to consider a request for the following: CASE NAME: SDP 12-03 - La Costa Oaks North 3.2 Daycare PUBLISH DATE: May 25, 2012 DESCRIPTION: Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR (EIR 98-07) and that the Program EIR adequately describes the activity for the purposes of CEQA, and approval of a Site Development Plan for the development of a 4.9 acre parcel with a 15,412 square foot child daycare center located on the east side of Rancho Santa Fe Road and north of San Elijo Road in La Costa Oaks Neighborhood 3.2 ofthe Villages of La Costa Master Plan and Local Facilities Management Zone (LFMZ) 11. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id-6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at (760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the 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. CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © o SITE MAP AA wor ro SCALE La Costa Oal<s North 3.2 Daycare SDP 12-03 ^ C O FILECOPY '^^^ CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov EARLY PUBLIC NOTICE PROJECT NAME: La Costa Oaks North 3.2 Daycare PROJECT NUIVIBER: SDP 12-03 This early public notice is to let you know that a development application for a daycare project within your neighborhood has been submitted to the City of Carlsbad on IVIarch 30, 2012. The project application is undergoing its initial review by the City. LOCATION: 7150 Rancho Santa Fe Road. East side of Rancho Santa Fe Road, North between San Elijo Road and Melrose Drive. PROJECT DESCRIPTION: The project consists of a Site Development Plan to construct a 15,412 square foot daycare within the La Costa Oaks Neighborhood 3.2 of the Villages of La Costa Master Plan. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Chris Garcia, Junior Planner at Chris.garcia(gcarlsbadca.gov, (760) 602-4622, Cityof Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division Mm 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SITEMAP NOT TO SCALS La Costa Oaks North 3.2 Daycare SDP 12-03 SHT 2 SHT 2 SAN OIEGO COUNTY ASSESSOR'S HAP 223-81 SHT 3 OF 3 1" = 100' CHANGES SiK PmOR APN HC^ APN yp CUT m. SU -SIO-Of imj 0* OB im PM 20359 09 .65y SHT 2 % &• SAN ELIJO RO SHT 7 223-81 SHT 1 OF 3 1" = 400' 02/26/08 DEP^^ CHANG ESI xm !• OPEN SPACE 2* NO ACCESS 3' SEE RECORD MAP FOR BEARINGS it DISTANCES 4" PUBLIC TRAIL EASEMENT 5' CONSERVATION EASEMENT MAP 15318-CARLSBAD TCT NO 99-04-03 VILLAGES OF LA COSTA -LA COSTA OAKS NORTH J 09 1$ m mw cotmr ASSESSOR'S UAF 223-85 SHT 2 OF 3 1" = 100' 1* PUBLIC TRAIL EASEMENT MAP 15597-CARLSBAD TCT 05-16 LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 & 3.5 09 SAN NEGO COUNTY ASSESSOR'S MAP 223-83 SHT 1 OF 2 1" = 100' aut NEWAPH Iff ojrm tx 1 im43 08 SAN El|JO RO'^D MAP 15595-CARLSBAD TCT 05-14 LA COSTA OAKS NORTH NEIGHBORHOOD 3.1j SAN DIEGO COUNTY ASSESSOR'S MAP 223-83 SHT 2 OF 2 1" = 100" cm maun new APN w CUTM 831 08 95 MAP 15595-CARLSBAD TCT 05-14 LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 J 13 S89'2e5fE 2912 r ' 223 SHT 1 -03 OF 2 1"=400" I CHANGES Ttaitaif aut OLD m CUT JEJ il sz,J3 tl 3** •*> aim J» if ^* •if- sr Si, Hp nur Jf 5J50f •*> » *> 71472 51 1015 «2 * ** ** «5 n. «8 M lOSI 15 00 190 78 ft -031-32 82kB3 02 1458 78 ft -031-32 74*75 ST OP 03 4*57 63 SAME a STOP 03 4779 81&82 PCfiPGflS 03 161 22&25 03 10107 47&4e 84-89 04 1468 76477 05 5547 PICK UP 90 05 1161 77&90 91 OS 1S32 56 KlU 05 1936 -MO-06 92-94 07 1061 95-97 06 1231 96 STOP 09 4629 e SHT 1 SAN OIEGO COUNTY ASSESSOR'S MAP BOOK 223 PAGE 03 SHT 1 OF 2 1. NO ACCESS 2* DEDICATED <c REJCCTES 3« SPARROW LN (PATTON STl MAP 7736-RANCHO SANTA FE INDUSTRIAN PARK MAP 13156-CITY OF SAN MARCOS TCT NO 371 MAP 14508-SAN MARCOS TSM NO 421-UNIVERSITY COMMONS SEC 29-T12S-R3W-P0R N 1/2 LS 443, ROS 8489. 10706. 11178. 13313, 13913, 14336, 19665 SAN DIEGO COUNTir ASSESSOR'S MAP 223-65 SHT 2 OF 4 04/04/07 JAM 7 em POOR Jim tew APN IF esi 01 mJ23 03 m jot Si !* imi X 03 10107 OJ STOP 04 4715 13 271 pat PG70 04 ISS OTA IS ZSiPORPO 70*71 04 ISO 21 19 k 30 05 m IA * 27 PORPGS 70 k 73 OS SI S, H US 31 kPOft ns7i k 73 05 52 B A28 ^ ht PORPG 71 OS m 31 JfkPW PC 71 iHT2 05 128 34 PG 73 SHT 2 OS 143 J2A33 PORPG 71 SHT 2 IS 177 JS PORPG 75 SHT2 t 05 178 03 JS t -TOt-20 mJ22 oe HQS 36 SAI€k PUB ACC OB 5534 2S SAUC t STOP OS 4S70 IB PG60 06 294 JO k STOP 07 4734 U - NSS-SS'SS'-E 51.44 N - S89-31'3B"E 86.61 0- R-324 17.26 P.- R-276 14 71 EUJO RD MAP 15158-SAN MARCOS TSM NO 421-UNIVERSITY COMMONS MAP 14508-SAN MARCOS TSM NO 421-UNIVERSITY COMMONS MAP 13156-SAN MARCOS TCT NO 371 SEC 29-T12S-R3W - POR SEQ 13 223-30 © SHT 2 SAN OIEGO COUNTY ASSESSOR'S MAP BOOK 223 PAGE 30 1"=100' l/Ze/2006 JGD CHANGES BLK OLD NEW, YR CUT 300 1-14 81 3i4- IS Slil Mi/9 /• w 1B.17II -031-19 16 96 1081 12*13 19 06 2124 MAP 9957-SAN MARCOS TRACT 203 09&:13 223- SHT 2 03 OF I 1"=400' 03/28A17 JAM .-3 27. 19 SHT 2 Q SHT 7 c NGFS BLK OLD NEWIYR CUT Ift |Q 1,. loi^ tl^(2S T? II6« 031 19 -300-18 POR 98 10B1 031 3S-41 98 1923 031 7 PG 04 SHT 2 00 150 031 32 POR -300-82*83 02 1458 POR -300-82*83 031 33* ftPOR -041-aB 42*43 *-57tt-56*57 02 1469 33* ftPOR -041-aB 42*43 *-57tt-56*57 031 42*43 44 02 2172 032 1 03 4761 032 1 STOP 03 4793 031 26^331 3632.39 41U4 POR PG6S SHT2 26^331 3632.39 41U4 POR PG6S SHT2 03 161 031 8.30.34 «1-03 10107 032 1 04 4732 032 1 OS 4605 032 1 ST OP 06 4630 032 1 34 06 1977 032 2-4 SAME4 ST CLSD 07 5596 032 2-4 POR PG81 07 71 14 DEDICATED * REJECTED SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 223 PAGE 03 SHT 2 Of 2 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UABILTIY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS MAY NOT COfcPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 13156-CITY OFSAN MARCOS TCT NO 37! SEC 29 - T12S-R3W - POR S 1- 2 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) DateFiled: 3~S0~ 1 (To be completed by City) Application Number(s): SDPiSi"QS> r)(Llo)~OI General information 1. Name of project: T a Tn^ita OaW Mnrth - M^igh^nrhnnH 1 9 HayrarP 2. Name of developer or project sponsor Carlsbad Preschool LP Address: 505 N. BrandL Ste 830 City. State. Zip Code: Glendale, CA 91203 Phone Number 818 409-9104 Name of person to be contacted conceming this project Jack Henthom Address: PO Box 237 City, Stete, Zip Code: Carlsbad, CA 92018 Phone Number 760 438-4090 Address of Project 7150 Rancho Santa Fe Road, Carlsbad, CA 92009 Assessor's Parcel Number 223-812-02 List and describe any other related permite and other public approvals required for this project, including those required by city, regional, stete and federal agencies: None 6. Existing General Plan Land Use Designation: VLCMP 98-01 CF 7. Existing zoning district EC 8. Existing land use(s): Vacant 9. Proposed use of site (Project for which this fonm is filed): Daycare Project Oescription -.. . 4.9 Acres 10. Sitesjze: 11. Proposed Building square footage: 15,412 Square feet 12: Number of floors of construction: ^ 62 13. Amount of off-street parking provided: 14. Associated projecte: ViUages of La Costa Master Plan p-1 (D) Page 2 of 4 Revised 07/10 o 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footege of sales area, and loading facilities: WA 17. If industrial, indicate type, estimated employment per shift, and loading facilitiesN/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project 315 Daycare Clients 19. If the project involves a variance, conditional use or rezoning applications, stete this and indicate clearly why the application is required: N/A p.1 (D) Page 3 of 4 Revised 07/10 o o Are the following items applicable to the project or Its effects? Discuss all items checked yes (attach * additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substential G • alteration of ground contours. 21. Change in scenic views or vistes from existing residential areas or public lands or • • roads. 22. Change in pattem. scale or character of general area of project. • • 23. Significant amounts of solid waste or litter • • 24. Change in dust, ash, smoke, fumes or odors in vicinity. • • 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • G alteration of existing drainage pattems. 26. Substential change in existing noise or vibration levels in the vicinity. G G 27. Site on filled land or on slope of 10 percent or more. G G 28. Use of disposal of potentially hazardous materials, such as toxic sut>stences, G G flammables or explosives. 29. Substential change in demand for municipal services (police, fire, water, sewage, G G etc.). 30. Substentially increase fossil fuel consumption (electricity, oil, natural gas, etc.). G G 31. Relationship to a larger project or series of projecte. G G *PRI0R ENVIRONMENTAL COMPLIANCE - VLCMP MP 98-01 FPEIR Environmentel Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it existe before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Descrit>e the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspecte. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontege, set-back, rear yard, etc.). Attech photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the stetements furnished above and in the atteched exhibits present the data and information required for this initial evaluation to the best of my abiljt^Tjand that the facts, ^foments, and information presented are true and correct to the t>est of my knowledge and belief. Date: P-1 (D) Page 4 of 4 Revised 07/10 ^ c 5 A TIME LIMITS ON Development Services %i DISCRETIONARY Planning Division ^ CITY OF PROJFCTS 1635 Faraday Avenue fARI ^RAD (760)602-4610 V^AAIAL-JLirAL-' P-1(E) www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is 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 r«f^H^eimg s sf^ific rs^^d^fmnt or wf^th^' ^ i^ufrsmen^ sr« nscessaiy for your particular application) please cal Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 CITY OF CARLSBAD REViEW AND COMMENT MEMO DATE: MARCH 30. 2012 PROJECT NO(S): SDP 12-03/DC 12-01 REVIEW NO: 1 PROJECTTITLE: LA COSTA OAKS 3.2 DAYCARE APPLICANT: JACK HENTHORN TO: • • • • • • • • Land Development Engineering-Terie Rowley 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 PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 04/20/12. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thankyou . A COMMENTS: ^ Signature Date PLANS ATTACHED Review & Comment 05/11 Qia^ CITY OF CARLSBAD REViEW AND COMMENT MEMO DATE: MARCH 30, 2012 PROJECT NO(S): SDP 12-03/DC 12-01 REVIEW NO: 1 PROJECTTITLE: LA COSTA OAKS 3.2 DAYCARE APPLICANT: JACK HENTHORN TO: • • • • • • • • Land Development Engineering-Terie Rowley 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 PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 04/20/12. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thankyou / COMMENTS: M^i^^Uif^ Signature Date PLANS ATTACHED Review & Comment 05/11 CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: SDP 12-03 LA COSTA OAKS DAYCARE BUILDING ADDRESS: 7150 RANCHO SANTA FE RD PROJECT DESCRIPTION: LARGE CHILD CARE FACILITY / SCHOOL ASSESSOR'S PARCEL NUMBER: 223-812-02 FIRE DEPARTMENT APPROVAL The Item you have submitted for review has been approved. The approval Is based on plans, infomiation and/or specifications provided in your submittal; therefore, any changes to these items after this date. Including field modifications, must be reviewed by this office to Insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: Date: 4-11-2012 DENIAL Please see the attached report of deficiencies marked with 13. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: GREGORY RYAN ADDRESS: PHONE: DEPUTY FIRE MARSHAL 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4685 REVIEW CHECKLIST SITE PLAN 0 • • 1. Access: Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. ^ STu 2'^^i' gRDii son ARCHITECTURAL 1. Provide a room or closet that is accessible from the exterior for the fire sprinkler riser and the fire alarm control panel. This room may also include the roof access ladder if so desired. CITY OF CARLSBAD Police Department www.carlsbadca.gov Date: April 9, 2012 To: Planning Track Desk, Planning Department From: J. Sasway, Public Information Officer Subject: SDP 12-03/DC 12-01 La Costa Oaks 3.2 Daycare Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model national standards. Crime Prevention through Environmental Design The proper design and effective use ofthe built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1. Place and design the physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, landscape trees and shrubs, fences or walls, signage and any other physical obstruction. 2. Design the placement of person and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of parking lots, walkways, entrances and exits. Natural Access Control 1. Use sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exits. 2. Use fences, walls or landscaping to prevent and or discourage public access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership or property. Maintenance 1. Use low-maintenance landscaping and lighting treatment to facilitate the principles of natural surveillance, natural access control and territorial reinforcement. Lighting 1. All types of exterior doors should be illuminated during the hours of darkness, with a minimum maintained one (1) foot-candle of light, measured within a five-fi 2560 Orion Way, Carisbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 ground level. 2. Recessed areas of buildings or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six (6) feet in width and are capable of human concealment, should be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This recommendation applies to defined recessed areas, which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a minimum of two (2) feet in height. 3. All exterior pedestrian walkways, interior common corridors, and open parking lots should be illuminated with a minimum maintained one (1) foot-candle of light on the walking or driving surface during the hours of darkness. 4. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 5. The parking and drive surface lighting should have a rated average bulb life of not less than 10,000 hours. 6. Accessible luminaries should have vandal resistant light fixtures and be not less than three feet in height from ground level when used to illuminate walkways and a minimum of eight feet in height from ground level when illuminating surfaces associated with vehicles. Light fixtures should be deemed accessible if mounted within fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining roof, balcony, landing, treads, platform or similar structure. Landscaping 1. Design the basic landscaping theme to consist of low ground cover with a maximum height of 2 feet and canopy trees with a minimum lower canopy of 6 feet to provide a greater visibility, demonstrate ownership (territorial reinforcement), enhance walkability, and to create a suitable buffer with the adjoining properties, 2. Do not place overhead light poles in an area planted with shade trees or other canopy producing species. Use only basic ground cover, including but not limited to hedges and shrubs. 3. Use security landscaping in areas to deter loitering or entrance where pedestrians are not wanted. Addressing 1. Locate numerals where they are clearly visible from the street on which they are addressed. Use colors that contrast to the background to which they are affixed. 2. Numerals should be no less than six inches in height, if located less than 100 feet from the centerline of the addressed street or 12 inches in height if placed further than 100 feet from the centerline ofthe addressed street. 3. The numerals should be illuminated during the hours of darkness. Doors 1. Use hollow steel doors that are a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designed thickness ofthe door when any locking device is installed. 2. Use only glass doors with fully tempered glass or rated burglary resistant glazing. Protect all exterior doors with security hardware. 3. Equip all doors with a latch cover constructed of steel. Ensure the latch cover is a minimum of .125 inch thick. Attach the latch cover to the outside by welding or with non-removable bolts spaced apart on not more than ten-inch centers. 4. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of pressure in both a vertical distance of three inches and horizontal distance of one inch each side of the strike, to prevent violation ofthe strike. 5. Equip a single or double door with a double cylinder deadbolt with a bolt projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five-pin tumblers and a cylinder guard. 6. Consider managed access on exterior doors. Windows 1. Equip movable windows with security hardware and burglar resistant glazing. 2. Cover other vulnerable non-movable windows with burglar resistant glazing. Windows of commercial buildings are vulnerable to breakage during the hours of darkness when the business is non-operational especially windows within 40 inches of any door locking mechanism 3. Glaze should be constructed of either two part laminated glazing with a 0.60 inch inner layer or burglary resistant glazing Entrance and Interiors 1. Control main entrance with reception area to prevent people from entering the building and walking anywhere in the building uncontrolled. Develop an access control system. 2. Develop a control system for all laptops and other portable electronics. 3. Secure all flat screen televisions with locking cables. Alarm Systems 1. When considering an alarm system, the police department recommends a "verified system" in an effort to eliminate false alarm activations and increase breach detection. A verified system is verified through audio or visual components. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. Reviewed by: Jodeene R. Sasway Public Information Officer City of Carisbad Police Department VICARLSBAD Planning Division www.carlsbadca.gov June 19, 2012 Jack Henthorn & Associates PO Box 237 Carlsbad, CA 92008 SUBJECT: NOTICE OF RESTRICTION - SDP 12-03/DC 12-01 - LA COSTA OAKS 3.2 DAYCARE 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 SDP 12-03 and DC 12-01. Please ensure the following items are addressed prior to returning the Notice of Restriction: Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notarv 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 ofthe 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(S)carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 4.'^ CITY OF V (CARLSBAD Planning Division June 8, 2012 Jack Henthorn & Associates PO Box 237 Carlsbad, CA 92008 a FILE www.carlsbadca.gov CHILD DAY CARE CENTER ADMINISTRATIVE PERMIT SUBJECT: DC 12-01 - LA COSTA OAKS 3.2 DAYCARE The City has completed a review of the application for a Child Day Care Center Permit for development located at 7150 Rancho Santa Fe Road in La Costa Oaks Neighborhood 3.2 of the Villages of La Costa Master Plan and Local Facilities Management Plan Zone 11. It is the City Planner's determination that the project is consistent with the City's Child Day Care regulations (Chapter 21.83) and with all other applicable City ordinances and policies. The City Planner, therefore, APPROVES this request based on the following: Findings: 4. 5. All licenses and permits required by state law for operation of a child day care center will be obtained by the operator of the day care facility prior to occupancy. The project is subject to and consistent with the zoning standards and regulations specified by the C-F zone (Chapter 21.25) and all other applicable sections of the Carlsbad Municipal Code. Indoor/outdoor play areas will be adjacent to the center, accessible through the center, enclosed by a minimum 5' high fence, and will not be located adjacent to residentially zoned property. Outdoor play space will be viewable from within the facility through windows located on all elevations of the child day care center. The child day care center will provide a direct source of natural light in that 6-foot high by 7- foot wide windows, which are elevated approximately 3 feet above the finish floor, are located along all elevations of the facility to maximize the ability for children to see outdoors. Parking will be provided at one space/employee (30 spaces) and one space/ten children (32 spaces) for a total of 62 spaces. Pedestrian sidewalks and adequate on-site loading and unloading will be provided around the perimeter of the facility. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® DC 12-01 - LA COSTA OAKS 3.2 DAYCARE June 7, 2012 Page 2 7. The City Planner has determined that: a. The project is a subsequent activity of the Villages of La Costa Master Plan (MP 98-01) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA [15168(c)(2) and (e)]. b. This project is consistent with the Master Plan cited above. c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan. d. The project has no new significant environmental effect not analyzed as significant in the prior EIR. e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. f. All feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 8. All findings of Planning Commission Resolutions No. 6887 approving SDP 12-03 for La Costa Oaks 3.2 Daycare are incorporated herein by reference. Conditions: 1. Approval is granted for DC 12-01 - La Costa Oaks 3.2 Daycare as shown on Exhibits "A" - "N" dated June 6, 2012, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. DC 12-01 is subject to all conditions contained in Planning Commission Resolutions No. 6887 approving SDP 12-03 for La Costa Oaks 3.2 Daycare. 3. Prior to the issuance of the grading or building permit. Developer shall submit to the City a Notice of Restriction executed by the owner ofthe real property to be developed. Said notice is to be filed in the office ofthe County Recorder, subject to the satisfaction ofthe City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Child Day Care Center Permit 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. 4. The Developer shall obtain and maintain in good standing all licenses, permits, and/or approvals required by state law to operate as a Child Day Care Center, and shall file proof of same with the City Planner prior to issuance of the Certificate of Occupancy and, thereafter filing proof of any extensions or modifications to the permit. DC 12-01 - LA COSTA OAKS 3.2 DAYCARE June 7, 2012 Page 3 5. In accordance with Section 21.83.080(F) of the Carlsbad Municipal Code, the total number of employees and children occupying this facility shall not exceed a demand for 62 parking spaces. The parking standard for a child day care center is 1 space/employee and 1 space/ten students. If you have any questions, please call Chris Garcia at (760) 602-4622. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:CG:bd c: Carlsbad Preschool LP, c/o Glenwood Development Group, 505 N. Brand Blvd, Site 830, Glendale, CA 91203 Don, Neu, City Planner Chris DeCerbo, Principal Planner Van Lynch, Senior Planner Jeremy Riddle, Associate Engineer Data Entry/DMS 4% CTV or QFILF VCARLSBAD i-TILC Planning Division www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION June 7, 2012 Jack Henthorn & Associates PO Box 237 Carlsbad, CA 92008 SUBJECT: SDP 12-03 - LA COSTA OAKS NORTH 3.2 DAYCARE At the June 6, 2012 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission will become final on June 16, 2012. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record ofthe proceedings is made accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Chris Garcia at (760) 602-4622 or chris.garcia@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CG:bd c: Data Entry File Carisbad Preschool LP, c/o Glenwood Development Group, Ste 830, 505 N. Branch Bl, Glendale, CA 91203 enc: Planning Commission Resolution No. 6887 ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® <^^c,rvop ^ a FILE VXARLSBAD Planning Division www.carisbadca.gov May 15, 2012 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carisbad, CA 92008 SUBJECT: SDP 12-03 - LA COSTA OAKS 3.2 DAYCARE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, May 23, 2012, 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 May 29, 2012. A twenty (20) minute appointment has been set aside for you at 11:00 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, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhiblt(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, Chris Garcia at (760) 602-4622. Sincerely, DON NEU, AlCP City Planner DN:CG:sm c: Glenwood Development Group c/o John Hansen, 505 North Brand Boulevard, Suite 830, Glendale, CA 91203 File Copy " . . Jeremy Riddle, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® <^CARLSBAD ^ Planning Division www.carlsbadca.gov April 23, 2012 Jack Henthorn & Associates PO Box 237 Carlsbad, CA 92008 SUBJECT: SDP 12-03/DC 12-01 - LA COSTA OAKS 3.2 DAYCARE - CAUFORNIA ENVIRONMENTAL QUAUTY ACT (CEQA) APPUCABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously certified Final Program Environmental Impact Report for the Villages of La Costa Master Plan (2000) MP 98-01 (EIR 98-07) dated July 16, 2001. No additional environmental review is required. A Notice of Determination 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. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CG:bd c: Carlsbad Preschool LP, c/o Glenwood Development Group, 505 N. Branch Bl, Suite 830, Glendale, CA 91203 Chris DeCerbo; Principal Planner Van Lynch, Senior Planner Jeremy Riddle, Associate Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 . ® Planning Division www.carlsbadca.gov April 17, 2012 Jack Henthorn & Associates PO Box 237 Carlsbad, CA 92008 SUBJECT: 1ST REVIEW FOR SDP 12-03/DC 12-01 - LA COSTA OAKS 3.2 DAYCARE Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Division has reviewed your Site Development Plan and Day Care Permit, applications no. SDP 12-03 and DC 12-01, 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 revised development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Jeremy Riddle, Associate Engineer, at (760) 602-2737. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:bd c: Carlsbad Preschool LP, c/o Glenwood Development Group, 505 N. Branch Bl, Suite 830, Glendale, CA 91203 Don Neu, City Planner Chris DeCerbo, Principal Planner Van Lynch, Senior Planner Jeremy Riddle, Associate Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SDP 12-03/DC 12-01 - LA COSTA OAKS 3.2 DAYCARE April 17, 2012 Page 2 ISSUES OF CONCERN Planning: 1. Please submit an updated Acoustical Site Assessment or a letter from a qualified professional stating that the report dated April 2, 2008 is still adequate. 2. Please ensure that conditions 25, 26, 27 and 54 of Planning Commission Resolution 6513 are incorporated into the landscape plans. 3. Please include the application numbers at the top right corner of the plans; SDP 12-03 / DC 12- 01 Engineering: 1. Prior to submittal of final design plans, please reformat the storm water management plan (SWMP) to address Carlsbad's SWMP requirements. Although the Best Management Practice (BMP) selection and sizing appears to meet the city's SUSMP requirements, the overall County format does not satisfy other SUSMP requirements (e.g.: single-sheet BMP exhibit, storm water standards questionnaire, SWMP checklist, etc.). Using another jurisdictions format results in several conflicts during implementation ofthe document. LDE staff will recommend approval for this project, but, when grading permits are applied for, we will require a reformatted SWMP. Contact LDE staff with any questions. 2. Prior to submittal of final design plans, revise the hydrology study to address the increase in post-development 100-yr peak flow to downstream facilities. The study describes the increase in peak flow, but does not discuss whether downstream facilities are designed to handle the increase. LDE staff will recommend approval for this project, but will require this issue be addressed when grading permits are applied for. Police: See attached recommendations dated April 9, 2012.