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HomeMy WebLinkAboutSDP 14-01; Burke Carlsbad Business Center; Site Development Plan (SDP) (2)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits I I Administrative Permit I I Coastal Development Permit (*) CU Minor I I Conditional Use Permit (*) I I Minor O Extension I I Environmental Impact Assessment I I Habitat Management Permit HH Minor I I Hillside Development Permit (*) I I Planned Development Permit I I Residential \3\ Non-Residential (FOR DEPT. USE ONLY) Legislative Permits I I General Plan Amendment I I Local Coastal Program Amendment (*) I I Master Plan \3\ Amendment I I Specific Plan Q Amendment I I Zone Change (*) I I Zone Code Amendment (FOR DEPT. USE ONLY) tanned Industrial Permit I I Planning Commission Determination Site Development Plan I I Special Use Permit I I Tentative Tract Map/Parcel Map I I Variance \3\ Administrative R>DP South Carlsbad Coastal Review Area Permits I I Review Permit I I Administrative n Minor {3 Major Village Review Area Permits I I Review Permit I I Administrative \3\ Minor [H Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: "^orV:^ C^^l^^AXi '^^S.'./l^S^ g^^fgig. BRIEF DESCRIPTION OF PROJECT: TT/yA^^A^V C^^^gW ^IV^ ^iK^^WAiAj. BRIEF LEGAL DESCRIPTION: LoT f^^ g>F CAMS bAc^ ILoCg-tPOY '^^'^'^ '^R-'/g^ U LOCATION OF PROJECT: S2.00 UotJ&>Vgft»t> Aog, CAg.lsbA;::>. ON THE: (NORTH, SOUTH, EAST, WEST) BETWEEN fASlUo&g (NAME OF STREET) SIDE OF AND STREET ADDRESS (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 6 1/12 APPLICANT NAME (Print): jS^V^ Cr^^U MAILING ADDRESS: -^fap jUyr &T. dfc iCO CITY, STATE, ZIP: Q^W /yLr.<;c. QA %.(P2.^ TELEPHONE: W ' S2V> (oOi Y EMAIL ADDRESS: OWNER NAME (Print): A^ iAoS T -RoriiCg. U^g OJC MAILING ADDRESS: gfeO (fT U^^Kef gT. 4J»to^ CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS ,TRUE AND-JCORRECT TO THE BEST OF MY KNOWLEDGE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF M>4 KNOWLEDGE. DATE THE BEST OF MX KNOW SIGNATURE ^ APPLICANT'S REPRESENTATIVE (Print): MWwg^ CloAft^ C SofX.^ eSrA72>. ijSy/tX/f^ MAILING ADDRESS: Z6,0 ^. -S^V^Cfe. fLTl ifc yeo CITY, STATE, ZIP TELEPHONE: EMAIL ADDRESS -XXH- gZV^ &.0/V I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. VZJ^Hl*^ SIGNATURE ~7 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. I/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 FOR CITY USE ONLY RECEIVED JAN 0 6 mh CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 6 Revised 11/12 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects Incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urt>an 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 for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project condKions and Impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff detemnines that the questionnaire was Incorrectly filled out and Is subject to more stringent stonn water standards than Inltlally 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 resubmtt 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 seel( assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development applk:atk>n submission. Only one completed and signed questionnaire is required when multiple devetopment applicatkxis for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow tlie instructions. When completed, sign the form at the end and submit this witti your application to the city. To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces In accordance with USEPA Green Streets guidance? i- 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constmcted in accordance with the USEPA Green Streets guidance? If you answered "Ves* to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, maric the last box stating "my project does not meat PDP requirements" and complete appiicant information. If you answered *no' to both questions, then go to Step 2. E-34 Pagel of 3 Effective e/27/13 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To determine if your project is a priority devetopment project, please answer the following questions: YES NO 1. Is your project a new development that creates 10,000 square feet or nrare of impervtous surfaces collectively over the entire project site? This includes commercial, Industrial, residential, mixed-use, and publk development protects on public or private land. X 2. Is your project creating or replacing 5,000 square feet or more of impenrious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impen/ious surface? 7?>/s Includes commercial, industrial, re^dential, mixed-use, and pubHc development projects on puMA; or private land. f 3. Is your project a new or redevetopment project that creates 5,000 square feet or more of impervtous surface collectively over the entire project site and supports a restaurant? A restaurant Is a facility that sells prepared foods and drinks for consumption. Including stationary lunch counters end refreshment stands selling prepared foods and drinks for Immediate consumption. X 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside devetopment project Includes development on any natural stope that is twenty-five percent or greater. X 5. Is your project a new or redevetopment project that creates 5,000 square feet or more of impervtous surface collectively over the entire project site and supports a paridng loL A parking kit Is a land area or facility for the temporary parking or storage of motor vehtoles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, fireeway or driveway Is any paved Impervtous surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? 'Discharging Directly to* Includes ftow that Is conveyed overiand a distance of 200 feet or less from the project to ttie ESA, or conveyed In a pipe or open channel any distance as an isolated flow from the pmject to the ESA (I.e. not commingles with ftows from adjacent lends).* X 8. Is your project a new development that supports an automotive repair shop? Am automotive repair shop is a facility tiiat Is categorized In any one of the foltoviring Standard Industrial Classification (SIC) codes: 5013, 5014, 5541. 7532-7534, or 7536-7539. 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category Includes RGO's that meet tiie foltowing tylteria: (a) 5,000 square feet or more or (b) a project Average Dally Traffic (ADT) of 100 or more vehtoles per day. 10. Is your project a new or redevelopment project that results in the disturt>ance of one or more acres of land and are expected to generate pollutants post construction? f 11.1s your project tocated within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervtous surface or (2) increases impervious surfece on the property by more than 10%? If you answered 'Ves" to one or more of the above questtons, you ARE a priority development project and are therefore subject to implementing stmctural Best Management Practices (BMP's) In addition to implementing Standard Stonn Water Requirements such as source control and low impact devetopment BMP's. A Stonn Water Management Plan (SWMP) must be submitted with your application(s) for development. Go to step 3 for redeveiopment projects. For new projects, go to step 4 at the end of tliis questionnaire, checic the "my project meets PDP requirements" box and complete applicant information. If you answered "no" to all of the above questtons, you Ai^ NOT a priority development project and are therefore suk))ect to implementing only Standard Stonn Water Requirements such as source control and low impact devetopment BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your appiicatton(s) for development. Go to step 4 at the end of this questionnaire, checic tlie "my project does not meet PDP requirements" box and complete appiicant information. E-34 Page 2 of 3 Effective 6/27/13 CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov PUT ARE PRIORITY DEVELOPEMEfiT PROJEC PROJECTS ONLY Complete the questtons below regardino your redevelopment project: YES NO Does the redevetopment project result in the creation or replacement of impervtous surface in an amount of less than 50% of the surtiace area of the prevtouslv existing devetopment? If you answered "yes,* the structural BMP's required for Priority Development Projects apply only to the creation or replacement of impen^tous surface and not the entire devetopment Go to step 4, checli the "my project meets PDP rsqulrements" box and compists appiicant information. If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire devetopment. Go to step 4, check the "my project meets PDP requirements" box and complete appiicant Information. a My project meets PRIORiTY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stomiwater criteria per the SUSMP and I understand I must prepare a Stonn Water Management Plan for submittal at time of applicatioa I understand flow control (hydromodlficatton) requirements may apply to my project. I^erto SUSMP for details. My project does not meet POP requirements and must only comply with STANDARD STORIMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Addross: Zf^OB' "llHK'rtpn -^ioo Accessor's Z Applicant Name: Applicant Signatui Applicant Title: Date: 77?/s Box. for City Use Only City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not ilmttad to all Clean Water Ad Section 303(d) impaired water bodies; areas designated as Areas of Special Biotogtoal 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 presen/es or ttieir quivalent 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 Copennittees. E-34 Page 3 of 3 Effective 6/27/13 ^ CITY OF CARLSBAD DISCLOSURE STATEMENT P- 1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following infonnation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however^ the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of ail individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned conaoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person UlANVli^wv 'Sof \i<g^ Corp/Part Title Se^Xc WUrt^bef Titie Address L(oO g. ^lot sT. i^ioo Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person U,)A\\<«>rt^ C!>.1k^C\%^ Corp/Part Title Mg>n^«r Title Address 2foQ fc.S2>e.Kqf gf. itj^a Address P-1(A) Paget of2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes P No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. 3-3 Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 HAZARDOUS WASTE Development Services AND SUBSTANCES Planning Division ^ CITY OF CARLSBAD STATEMENT P-1(C) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Govemment Code Section 65962.5) Pursuant to State of Califomia Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): W 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 Govemment Code. I I The development project and any alternatives proposed in this application ajrg contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. APPLICANT Name:. Address:. Phone Number: ^<y>&ZV - fg-,(^ \^ PROPERTY OWNER Name:M'1aSX ISofl^e. Lct«fC OLC, Address:. rVsk» /l^g^to . OA SzCoaCs Phone Number: l^V-P'Z/- Address of Site: "SZCx^ (Jo'^hCAO A\JC, C/tft&Q/^. CA Local Agency (City and Countv): dA/tAfaW ^ ^Act^Jliteyc^ Ox>l^ Assessor's book, page, and parcel number:. Specify list(s): AAaA/<AdtA lAj^ne Q.H<S ^t)a^»^^. y^^ru us^ f Corl-Cie^ Clsf) Regulatory Identification Number: Date of Ust: 2.\VL»\ aoVZ- Applicant Signature/I Property Owmer Signature/Date 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 02/13 Our 72" table is versatile and durable making it a perfect option for almost anywhere. Wheelchair accessible at both ends. Meets Americans with Disabilities Act requirements. 72- ^ T 12'' f 1 T 72" 36 " 1 1 1 1 J 6" 33 29 V2" 201/r i_Lr 1 r~ 19 1/4- H LJ City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: COADY MIKE Description SDP14001 320 0 LIONSHEAD AV CBAD Amount 4,402.00 Receipt Number: R00 9912 5 Transaction Date: 01/06/2014 Transaction ID: R0099125 Pay Type Method Description Amount Payment Check 4,402.00 Transaction Amount: 4,402.00 Order mmer. NCS-606431-SD Page Number: 1 Updated January 6,, 2014 First American Title Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 January 6, 2014 Bob Willingham Cushman & Wakefield of San Diego, Inc. 5800 Armada Drive, Suite 101 Carlsbad, CA 92008-4611 Phone: (760)602-4800 Fax: (760)602-4801 Customer Reference: Lionshead Title Officer: Phone: Fax No.: E-Mail: Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 vtocco@fi rstam .com Buyer: Owner: Property: Ninos I Burke Lane, LLC 3200 Lionshead Avenue, 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 ofthe date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. TTie policy to be issued may contain an arbitration clause. IVhen the Amount of Insurance is less than that set forth in the arbitration ciause, ali arbitrabie matters stiall be arbitrated at the option ofeitiier ttie Company or tiie Insured as die exclusive remedy of tiie parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies ofthe policy forms should be read. They are available from the office which issued this report. First American Title Insurance Company Order I^SWber: NCS-606431-SD Page Number; 2 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company • ^^e Order Rlfftber; NCS-606431-SD Page Number: 3 Dated as of December 31, 2013 at 7:30 A.M. The fonn of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy - 2006 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: Ninos I Burke Lane, LLC, a Delaware limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee as to Parcel A, an Easement as to Parcels B and C 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 Exdusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2013-2014. First Installment: $23,835.86, DELINQUENT Penalty: $2,383.59 Second Installment: $23,835.86, PAYABLE Penalty: $0.00 Tax Rate Area: 09016 A. P. No.: 221-881-11-00 (Portion of Community Fadlities Distrid included) 2. This item has been Intentionally deleted. 3. The lien of supplemental taxes. If any, assessed pursuant to Chapter 3.5 commencing with Sedion 75 of the California Revenue and Taxation Code. 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Sertion 53311 of the California Government Code for Community Facilities Distrid No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. Document(s) declaring modifications thereof recorded March 14, 2003 as Instrument No. 2003- 0289329 of Offidal Records. 5. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Sedion 53311 of the California Government Code for Community Facilities Distrid No. 3 Improvement Area 1, as First American Title Insurance Company • ^l^b( Order NWnber: NCS-606431-SD Page Number: 4 disclosed by Notice of Special Tax Lien recorded November 17, 2005 as Instrument No. 2005- 0998003 of Offidal Records. 6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Sedion 75 of the California Revenue and Taxation Code. 7. Water rights, daims or title to water, whether or not shown by the public records. 8. The terms and provisions contained in the document entitled "Agreement" recorded February 16, 1982 as Instrument No. 82-041594 of Offidal Records. 9. This item has been intentionally deleted. 10. The terms and provisions contained in the document entitled "Notice of Restridion on Real Property" recorded February 11, 2004 as Instrument No. 2004-0109894 of Offidal Records. 11. A document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridor(s) Case No: CT 98-10" recorded February 11, 2004 as Instrument No. 2004-0109898 of Official Records. 12. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded May 27, 2004 as Instrument No. 2004-0494021 of Official Records. 13. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded May 27, 2004 as Instrument No. 2004-0494124 of Offidal Records. 14. An easement for sewer lines and incidental purposes, recorded December 9, 2004 as Instrument No. 2004-1160412 of Offidal Records. In Favor of: The City of Vista Affeds: As described therein 15. An easement for sewer access and Inddental purposes, recorded December 9, 2004 as Instrument No. 2004-1160413 of Official Records. In Favor of: The City of Vista Affects: As described therein 16. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded January 21, 2005 as Instrument No. 2005-0054704 of Official Records. 17. The terms and provisions contained In the document entitled "Hold Harmless Agreement Geological Failure" recorded January 21, 2005 as Instrument No. 2005-0054705 of Offidal Records. 18. Abutter's rights of ingress and egress to or from Lionshead Avenue, except at access openings have been dedicated or relinquished on the map of Map No. 15013 Maps recorded May 3, 2005. 19. An easement shown or dedicated on the map filed or recorded May 3, 2005 as Map No. 15013 of Tract Map For: storm drain, sight distance corridor and incidental purposes. First American Title Insurance Company Order TOmber: NCS-606431-SD Page Number: 5 20. The terms and provisions contained In the document entitled "Waiver and Consent to Creation of a Community Facility Distrid and Agreement to Pay Fair Share Cost of CT 98-10" recorded May 3, 2005 as Instrument No. 2005-0371021 of Official Records. Document(s) declaring modifications thereof recorded November 4, 2005 as Instrument No. 2005- 0964620 of Offidal Records. 21. An easement for ered, construd, change the size of, improve, reconstrud, relocate, repair, maintain and use fadlities consisting of: (1) underground eledric facilities, and appurtenances for the transmission and distribution of eledricity, together with the right of ingress thereto and egress therefrom over said easement and inddental purposes, recorded August 29, 2005 as Instrument No. 2005-0741198 of Offidal Records. In Favor of: San Diego Gas and Eledric Company Affects: As described therein 22. Covenants, conditions, restridions, easements, assessments, liens, charges, terms and provisions in the document recorded Odober 24, 2005 as Instrument No. 2005-0917104 of Offidal Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restridion indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restridions violate Title 42, Sedion 3604(c), of the United States Codes. Lawful restridions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restnctions based on familial status. Document(s) dedaring modifications thereof recorded September 12, 2006 as Instrument No. 2006- 0647230 of Official Records. Document(s) declaring modifications thereof recorded September 10, 2007 as Instrument No. 2007- 0594291 of Offidal Records. Document(s) declaring modifications thereof recorded April 2, 2009 as Instrument No. 2009- 0165748 of Offidal Records. 23. This item has been intentionally deleted. 24. This item has been intentionally deleted. 25. The terms and provisions contained in the document entitled "Telecommunications Facilities Agreement" recorded April 20, 2006 as Instrument No. 2006-0275939 of Official Records. 26. The terms and provisions contained in the document entitled "Agreement Between Developer/Owner and The City of Carlsbad for the Payment of a Local Drainage Area Fee" recorded August 7, 2006 as Instrument No. 2006-0557334 of Offidal Records. 27. This item has been intentionally deleted. 28. Easements, Covenants and Conditions contained in the deed from Fenton Raceway LLC, a California Limited Liability Company, as Grantor, to Opus West Corporation, a Minnesota corporation, as Grantee, recorded July 7, 2006 as Instrument No. 2006-0481185 of Official Records. Reference being made to the document for full particulars. First American Title Insurance Company Order lOTfiber: NCS-606431-SD Page Number: 6 29. The terms, provisions and easement(s) contained in the document entitled "Declaration of Covenants and Grant of Easements Regarding Access Road and Drainage" recorded May 8, 2008 as Instrument No. 2008-0248753 of Official Records. 30. A Deed of Trust to secure an original indebtedness of $1,433,000.00 recorded June 21, 2013 as Instrument No. 2013-0392257 of Offidal Records. Dated: June 19, 2013 Trustor: Ninos I Burke Lane, LLC, a Delaware limited liability company Trustee: PRLAP, Inc., a North Carolina corporation Beneficiary: Bank of America, N.A., a national banking association 31. Rights of parties In possession. First American Title Insurance Company r^l^bi Order lOTfiber: NCS-606431-SD Page Number: 7 INFORMATIONAL NOTES 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: 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fad the land that is to be described in the policy or policies to be issued. Should this report be used to facilitate your transadion, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Diredors authorizing the contemplated transadion and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded In the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfadory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require, C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfadory evidence of the consent of a majority in interest of the limited partners to the contemplated transadion; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1, A certified copy of a statement of partnership authority pursuant to Sedion 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2, A full copy of the partnership agreement and any amendments; 3, Requirements which the Company may impose following Its review of the above material required First American Title Insurance Company '^^b( Order OThber: NCS-606431-SD Page Number: 8 herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it Is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With resped to any deed, deed of trust, lease, subordination agreement or other documient or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one ofthe following, as appropriate: (i) If the limited liability company properly operates through officers appointed or eleded pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers Identified in the articles of organization and/or duly eleded pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may Impose following its review of the above material and other information which the Company may require. F, WITH RESPECT TO A TRUST: 1. A certification pursuant to Sedion 18100.5 ofthe California Probate Code in a form satisfadory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to ad in the pending transadion. 3. Other requirements which the Company may impose following Its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer. ***** First American Title Insurance Company Order NWiber: NCS-606431-SD Page Number: 9 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: LOT 17, OF CARLSBAD RACEWAY CARLSBAD TRACT NO. 98-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FINAL SUBDIVISION MAP NO. 15013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MAY 3, 2005. PARCEL B: AN EASEMENT FOR SIGN AREAS, STREET LANDSCAPING AREAS, INSPECTION AND ENFORCEMENT AND RE-ENTRY DESCRIBED IN THAT CERTAIN DECLARATION ESTABLISHING COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR FENTON RACEWAY BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 24, 2005 AS INSTRUMENT NO. 2005-0917104 OF OFFICIAL RECORDS. PARCEL C: EASEMENTS FOR ACCESS AND DRAINAGE PURPOSES APPURTENANT TO LOT 17 CREATED BY INSTRUMENT RECORDED MAY 8, 2008 AS INSTRUMENT NO. 2008-0248753 OF OFFICIAL RECORDS. APN: 221-881-11-00 First American Title Insurance Company Order IWhber: NCS-606431-SD Page Number: 10 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company. The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect indude: • Information we receive from you on applications, forms and in other communications to us, whether in writing. In person, by telephone or any other means; • Information about your transadlons with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the produd or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, induding the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we colled, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrid access to nonpublic personal information about you to those individuals and entities who need to know that Information to provide produds or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values, We currently maintain physical, eledronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information, First American Title Insurance Company Order NWTiber: NCS-606431-SD Page Number: 11 CLTA/ALTA HOMEOWNER'S POUCY OF TFTLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. 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 desaibed in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, S.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Umit of Uability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (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 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Title Insurance Company Order IWnber: NCS-606431-SD Page Number: 12 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date - unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: First American Title Insurance Company '^^b( Order RWiber: NCS-606431-SD Page Number: 13 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit thie coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: First American Title Insurance Company • ^^e Order NWnber: NCS-606431-SD Page Number: 14 (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 facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (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. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; 11. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First American Title Insurance Company 4^ CITY OF a FILE VcARLSBAD LJriLt Community & Economic Development www.carlsbadca.gov April 1, 2014 Mike Coady Burk Real Estate Group 260 East Baker Street, Suite 100 Costa Mesa, CA 92626 SUBJEa: SDP 14-01 BURKE CARLSBAD BUSINESS CENTER - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the project Is subject to the provisions of CEQA; however, the potential environmental effects of the pi-oject were adequately analyzed by the previously Certified Mitigated Negative Declaration (GPA 98-05/ZC 01-07/CT 98- 10/HDP 98-09/PIP 01-01) for the project Carlsbad Raceway Business Park. No additional environmental review is required. A Notice of Determination will be filed after approval of the project amendment with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner ~cFecisi6h date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project should be determined by June 1, 2014. Therefore, in the interest of achieving that decision date, all remaining project issues must be addressed by May 1, 2014. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Greg Fisher at 760-602-4629 or by email at greg.fisher@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:GF:sm c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 4^0^ CITY OF CARLSBAD Memorandum April 11, 2014 To: Greg Fisher, Project Planner From: Steve Bobbett, Project Engineer Via: Jason Geldert, Senior Engineer Re: SDP 14-01 BURKE CARLSBAD BUSINESS CENTER SECOND COMPLETENESS & ISSUES REVIEW Land Development Engineering (LDE) staff has completed a second review of the above- referenced project for application completeness. The application and plans submitted for this proposed project are complete. Land Development Engineering has no remaining issues or comments. If you or the applicant has any questions, please either see or contact me at extension 2747. Steve Bobbett, P.E. Associate Engineer Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Cliecklist PROJECT NUMBER: SDP 14-01 BUILDING ADDRESS: 3200 LIONSHEAD AV PROJECT DESCRIPTION: SINGLE INDUSTRIAL BUILDING ASSESSOR'S PARCEL NUMBER: 221-881-11-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instmctions in this report can result in suspension of permit to build. By: G. Ryan Date: 02.06.2014 DENIAL Please see the attached report of deficiencies marked with IE). 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: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 REVIEW CHECKLIST WATER IMPROVEMENT ^STi 2^'^* gRDi • • • 1. Hydrants Additional on-site public water mains are required. • Provide the required Backflow prevention valve assembly in the end half-round island adjacent to the view/break area. In consultation with developer, the fire riser room shall be located on the North-east angled wall between the trash enclosure and the loading docks. FIRE SPRINKLERS .j STm 2^01 3RD1 • • • 1. An automatic fire sprinkler system is required for this project: • The minimum design density for the fire sprinkler system for this building shall be .45/3000. • • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. February 6, 2014 TO: Greg Fisher, Assistant Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - Review Burke Carlsbad Business Center, SDP 14-01 Lionshead Avenue MELA file; 520 - Burke Carlsbad Business Center - Conl Landscape Architect: Conceptual Design & Planning Company, Phone: (949) 399-0870 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Please add the street name on all plans. 2. There are existing plantings and street trees along Lionshead Avenue Please clarify if existing plantings and street trees are to remain or to be removed and replaced. If to be removed, please replace with compatible plantings to maintain street scene continuity. See comment #8 below. 3. Please clearly show all property lines, right-of-ways, existing and proposed easements and existing landscape. Insure no trees are located within public utility easements. Final comments are reserved pending this item being addressed. 4. Please show and label all vehicular sight lines. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no visual impairments or obstructions are located within the sight distance lines. 5. Indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 6. Please clarify/list site amenities to be included at the viewing area and employee patio spaces (i.e. picnic tables, benches, trash receptacles, etc.). Please also specify the type of paving to be installed at each of these locations. 7. Please provide plantings as appropriate to completely fill in the bio filtration swales. Check all areas. Burke Carlsbad Business Center February 6, 2014 Conceptual Plan Review Page 2 8. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. 9. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view ofthe project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners" association (HOA). City, etc). 10. Civil plans indicate that bio retention areas will have an impermeable HDPE liner surrounding the basins. Please coordinate all plantings insuring no conflicts (i.e. tree roots). 11. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the conceptual landscape plans and insure that there are no conflicts with trees. 12. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. 13. Please provide landscaping up to the back of curb. Check all areas. 14. Street trees shall be located a minimum of three (3) feet outside the public right of way. Please address. 15. Please provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. This plan will be forwarded to the Carlsbad Municipal Water District (CMWD) for review. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water. 16. Please revise the Eto to 47 and the irrigation efficiency of bubblers to .75 and rotors to .70 per appendix E of the Landscape Manual. 17. Please note that all irrigation systems are required to use recycled water (see comment 15 above) and that recycled water use areas qualify as special landscape areas (SLA). Please revise calculations as appropriate. Separate water service for landscaping (including, but not limited to connections, water meters, and back flow preventers) shall be provided for all commercial/industrial projects. Please address. 18. Please include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the city of Carlsbad's landscape manual and water efficient landscape regulations. I have prepared this plan in compliance with those regulations and the landscape manual and agree to comply with all requirements when submitting construction documents. I certify that the plan implements those regulations to provide efficient use of water." 19. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. Please address. Burke Carlsbad Business Center February 6, 2014 Conceptual Plan Review Page 3 20. Please add the following slope re-vegetation notes to the plans and insure all requirements are met: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted fi"om a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes -6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 21. Please provide slope re-vegetation standards number 1, 2, and 3 on all appropriate slopes. Check all slopes and insure appropriate standards are met. Burke Carlsbad Business Center February 6, 2014 Conceptual Plan Review Page 4 22. Please provide a fire suppression plan clearly showing and labeling all fire suppression zones, addressing all requirements and including the following information: a. Fire hydrant locations b. Rear yard setbacks c. Fire control planting as outlined in Section 5 of the Landscape Manual d. Emergency/maintenance access e. Maintenance responsibility and schedule of frequency f Any other project modification to protect the development from fire hazards g. Street widths dimensioned 23. It is the applicant's responsibility to secure agreements with owners of adjacent property to modify/mitigate offsite wildland fire hazards to the subject property, so that conformance with the fire protection plan and adopted standards is achieved and maintained. Maintenance access shall be provided to all fire protection areas. All maintenance access points shall be identified on the plans and a maintenance access agreement shall be recorded for the subject property. Debris and trimmings produced by maintenance and thinning shall be removed from the site or shall be converted to mulch by a chipping machine and evenly dispersed over the area to a maximum depth of four (4) inches. Please address. 24. Per the MMRP Carlsbad Raceway MND, Resolution 5024: The applicant shall use native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near mitigation/open space areas and/or wetland/riparian areas. The applicant shall not plant, seed, or otherwise introduce invasive exotic plant species to the landscaped areas adjacent and/or near the mitigation/open space areas and/or wetland riparian areas. Exotic species not to be used include those species listed on Lists A and B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in. California as of October, 1999." This list includes such species as: pepper trees, pampas grass, fountaingrass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. To avoid an increase in the fire hazard due to placement of buildings in proximity to slopes containing high fuel native vegetation, the project Landscape Plans identify a 30' wide fire suppression zone in which the 10' closest to the top of slope must be landscaped in accordance with the City's Landscape Manual provisions for manufactured slopes (Zone A-2). Please address. 25. Please substitute low fuel species plants for high fuel species where located within fire suppression zones. 26 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. Please provide a written response to all comnients clearly indicating where and how each comment was addressed. 0' FILE COPY Ni^ CARLSBAD Community & Economic Development www.carlsbadca.gov April 30, 2014 Mike Coady Burk Real Estate Group Suite 100 260 East Baker Street Costa Mesa, CA 92626 SUBJECT: SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER Dear Mr. Coady, The City Planner has completed a review of your application for a Minor Site Development Plan Permit (SDP 14-01) to allow the development of 78,530 square feet of warehouse/office space within a two story building with 186 parking spaces, site landscaping, and all necessary improvements to provide utilities for the site which is located at 3200 Lionshead Avenue between Eagle Drive and Business Park Drive in Local Facilities Management Zone 18. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Site Development Plan Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings; 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06, Chapter 21.34, and ail other applicable provisions of Title 21, in that the project is consistent with the Planned Industrial General Plan Land Use designation in that warehouse/office uses are allowed pursuant to the implementing P-IVI zone and all other related elements ofthe General Plan. The project design complies with the development standards and design criteria for the P-M zone (Chapter 21.34 of the CIVIC) and the Carlsbad Raceway Business Park. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the development of a two-story warehouse/office building, surface parking, employee eating areas, landscaping, and other necessary improvements situated on a 4.82 acre previously graded site located on the north side of Lionshead Avenue between Eagle Drive and Business Park Drive. The warehouse/office project with a Planned Industrial General Plan Land Use designation is compatible with existing warehouse/office projects that are located throughout the area and within the Carlsbad Raceway Business Park. The project is consistent with the General Plan as discussed above. Furthermore, the proposed Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 If fl f^W W^^Wn^^^ CARLSB^IuSINESS CENTER warehouse/office project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, the warehouse/office project is a use permitted within the P-M zone and is compatible with the warehouse/office projects to the south, east and west. The proposed warehouse/office building is properly related to the site surroundings and environmental settings in that the project complies with all development standards of the P-M zone and will result in no environmental impacts. The project will not adversely impact the site, surroundings, or traffic circulation in that the project complies with all applicable development standards and is adequately parked onsite. The existing surrounding streets which are fully improved have adequate capacity to accommodate the 505 Average Daily Trips (ADT) generated by the project. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the proposed project complies with all applicable development standards ofthe Planned Industrial Zone (P-M), including setbacks, building coverage, landscaping requirements, surface parking, employee eating areas, and height restrictions. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the proposed two-story warehouse/office building, surface parking, employee eating areas, and other necessary improvements can fit within the developable area ofthe lot and all applicable development standards have been met. Proposed landscaping and existing slopes along Lionshead Avenue will help screen the parking areas. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided by two separate driveways onto Lionshead Avenue. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use is consistent with the use analyzed in the circulation analysis prepared for Mitigated Negative Declaration GPA 98-05/ZC 01-07/CT 98-10/HDP 98-09/PIP 01-01 for the Carlsbad Raceway Business Park subdivision. 6. The City Planner has determined that: a. this project is a project for which a Mitigated Negative Declaration was previously adopted [15162]; b. this project is consistent with the project cited above; c. the Mitigated Negative Declaration GPA 98-05/ZC 01-07/CT 98-10/HDP 98-09/PIP 01-01 - Carlsbad Raceway Business Park was adopted in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and e. none ofthe circumstances requiring a Subsequent Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER April 30, 2014 Page 3 7. The City Planner finds that the project, as conditioned herein, is in conformance with the Elements ofthe City's General Plan and the Carlsbad Raceway Business Park subdivision in that the proposed development consists of a two-story warehouse/office buildings which is consistent with the Planned Industrial (P-M) Zone which implements the Planned Industrial (PI) General Plan Land Use Designation applied to the property. 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 18 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 18 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. e. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 18. 9. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 10. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. Conditions: Note: All conditions shall be satisfied prior to grading permit or building permit, whichever comes first, or as specified in the condition, unless an alternate construction schedule has been approved by the appropriate division manager or official. 1. Approval is granted for SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER as shown on Exhibits "A" - "K" dated April 29, 2014 on file in the Planning Division and incorporated herein by SDP 14-01 - BURKE CARLSBADBUSINESS CENTER April 30, 2014 Page 4 reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Site Development Plan Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Site Development Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 7. Developer shall include, as part ofthe plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 8. This project shall comply with all conditions and mitigation measures which are required as part ofthe Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application forthe SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER April 30, 2014 Page 5 building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 18, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 11. Prior to the issuance of a building permit or grading permit, whichever occurs first, the Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office ofthe County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan 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. 12. Priorto the issuance of a building permit or grading permit, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the Planning Division. 13. Prior to building permit issuance, the developer shall submit a noise study to determine the proper architectural and/or structural features (i.e. specialized door, window or ventilation features) necessary to comply with the Planned Industrial interior noise standard of 65 dB(A) CNEL, as identified by the Carlsbad Raceway Business Park Mitigation Monitoring and Reporting Program. This noise study shall be included with the building plan submittal package and . comply with the requirements of the Carlsbad Noise Guidelines Manual. 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance SDP 14-01 - BURKE CARLSBATTBUSINESS CENTER April 30, 2014 Page 6 as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 17. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent property, and/or open space. 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 20. Prior to the issuance of a permit, the Developer shall provide proof to the Director from Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 21. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 22. Developer shall construct, install, and stripe not less than 186 parking spaces, as shown on Exhibit "A" - "K". 23. The location and size of all employee eating areas, parking areas, and landscaped areas within the project, as shown on Exhibit "A - K", shall not be altered, reduced, fenced, or divided to preclude the equal use by all emptoyees of the site. 24. Prior to submitting building plans for tenant improvements to the City of Carlsbad Building Division, the property owner shall be required to approve the tenant improvement plans for purposes of assuring an adequate distribution of parking spaces. 25. The property owner shall be responsible for reviewing all future/proposed tenant improvements for the project to ensure that the number of required parking spaces to accommodate the combined proportions of uses, based on the parking ratios required pursuant to Chapter 21.44 of the Carlsbad Municipal Code, does not exceed 186 spaces. 26. The applicant shall use native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near mitigation/open space areas and/or wetland/riparian areas. The applicant shall not plant, seed, or otherwise introduce invasive exotic plant species to the landscaped areas adjacent and/or near the mitigation/open space areas and/or wetland riparian areas. Exotic species not to be used include those species listed on Lists A and B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October, 1999." This list includes such species as: pepper trees, pampas grass. SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER April 30, 2014 Page 7 fountaingrass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. 27. To avoid an increase in the fire hazard due to placement of buildings in proximity to slopes containing high fuel native vegetation, the project Landscape Plans identify a 30" wide fire suppression zone in which the 10" closest to the top of slope must be landscaped in accordance with the City's Landscape Manual provisions for manufactured slopes (Zone A-2). 28. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 29. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering Conditions NOTE: Unless specifically stated in the condition, all ofthe following conditions, upon the approval of this proposed development, must be met prior to approval of a grading permit or building permit whichever comes first. General 30. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 31. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 32. Developer shall install sight distance corridors at all driveways in accordance with City Engineering Standards and as shown on Map No.15013. The property owner shall maintain this condition. Fees/Agreements 33. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 34. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 35. Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or a building permit whichever occurs first. J^B SDP 14-01 - BURKE CARLSBAT3 BUSINESS CENTER April 30, 2014 Page 8 Grading 36. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 37. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 38. Developer shall comply with the city's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 39. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 40. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 41. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 42. Hydromodification (runoff reduction) requirements impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function ofthe site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction ofthe city engineer. SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER April 30, 2014 Page 9 43. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, hydromodification measures, and Low Impact Design (LID) facilities. 44. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). Dedications/Improvements 45. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction ofthe city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems (12" diameter storm drain and larger). 46. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction ofthe city engineer. These improvements include, but are not limited to: A. Water main, fire hydrants and appurtenances. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval ofthe subdivision or development improvement agreement or such other time as provided in said agreement. 47. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design ofthe aisle ways shall be submitted together with required R-value soil test information subject to the review and approval ofthe city engineer. 48. Developer shall provide maintenance access easements to public drainage facilities for this project to the satisfaction of the city engineer. Utilities 49. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 50. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or Joint utility purposes. SDP 14-01 - BURKE CARLSBAITBUSINESS CENTER April 30, 2014 Page 10 51. Prior to issuance of building permits, developer shall pay ali fees, deposits, and charges for connection to public facilities. 52. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 53. The developer shall design and construct public water facilities substantially as shown on the site plan to the satisfaction ofthe district engineer and city engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 54. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 55. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction ofthe City Engineer. 56. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 57. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. 58. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management fee for Zone 18 as required by Carlsbad Municipal Code Section 21.90.050. 59. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 60. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 ofthe California Building Code. 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 62. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 ofthe City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER April 30, 2014 Page 11 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $651.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:fn c: Don Neu, City Planner Chris DeCerbo, Principal Planner Steven Bobbett, Project Engineer Data Entry/DMS File Copy March 20, 2014 BURKE Greg Fisher Staff Planner City of Carlsbad, Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 RECEIVED M AR 2 B 201'4 riTY OF CARl-SBAD ANHING DIVISION PI Subject: Response to 1'* Review for SDP 14-01 - Burke Carlsbad Business Center Greg: Thank you for your comments regarding the Burke Carlsbad Business Center dated February 6, 2014. We have reviewed your comments and have made corrections as necessary. The following pages address your concerns regarding the Planning component of our submittal. These concerns have been outlined in the same order in which they were outlined in the noticed we received from your office. The Planning Department comments from the letter dated February 6, 2014 are typed in black. Burke's responses to the comments are typed in red. Sincerely, Mike Coady VP Developmen Enclosures: Comments to the Issues of Concern Specs for proposed outdoor eating furniture Two complete sets ofthe Development Plans BURKE REAL ESTATE GROUP zeo E. BAKER STREET SUITE 1 CasTA MESA, CA 9Z6Z& TEL: 7i4.8Z4.eaaa FAX: 71 4.sz4.eaai WWW.BURKEQRaUP.NET Date: March 20,2014 gj To: Michael Elliott, City of Carlsbad's Contract Landscape Archtiect From: Masumi Ozawa, CDPC Project Name: Burke Carlsbad Business Center, SDP 14-01 Re: City comments - response Attached: 2 sets of revised Landscape Plans The landscape plans dated 12-31-2013 has been revised to reflect the city comments dated February 6, 2014. City comments are attached. Following are the responses. 1. Street name on all plan - Added on all sheets 2. Existing plantings and street trees along Lionshead Avenue - All street trees, shrubs and ground covers will be removed due to regarding to accommodate the berm and bio-retention areas. The identification ofthe existing plant materials are shown on sheet 3, EXISTING PLANTING EXHIBIT. 3. Property lines, right of ways, existing and proposed easements and existing landscape - Shown on Sheet L1 4. Vehicular sight lines-Shown on Sheet Ll 5. 2% Positive surface drainage away from structures - Civil engineer has provided 2% min. positive drainage. Overlayed grading plan. Sheet Ll. 6. Site amenities - Indicated types of site furniture at rear viewing area and patios, concrete picnic tables and trash receptacle at viewing area, metal frame tables and chairs at both patios. 7. Bio filtration swale planting - Filled in all areas with grass liners. 8. Existing woody plant material to be removed - All existing trees are of less than 12" caliper, and species labeled on Sheet L3. 9. Maintenance responsibility exhibit - Shown on Sheet L3 10. HDPE liner at bio retention area and tree location conflict - Moved trees 4' away where possible, 2' away between parting lot curb and bio retention area along Lionshead Avenue. 11. Screen all utilities, coordinate tree locations with light poles - Trash enclosures are screened with shmbs or vine. Added light location and adjusted tree locations. See Sheet Ll. 12. Parking lot trees at 1 per 4 stalls - Provided 45 trees for 45 trees required for 177 stalls. We removed all trees along the north and west landscape planting area due to Storm and Sewer easements. Added more trees to south and east edge of parking areas. See Sheet L1. Tree planting in fire protection zone 2 are allowed per Fire Marshal due to type ofthe building and the area being parking lot given the spacing of 20' between canopies. See attached correspondence. conci^crual design 5 r>ionnir 9 cryrip-ioy 13. Landscape up to back of curb - Showed landscape to fill the planter. 14. Street trees offset min. 3' outside of right of way - Moved all street trees in towards the property min. of 3 feet. Shown on Sheet Ll. 15. Inigation water exhibit - Shown on Sheet L3 16. Water use calculation - Modify to show Eto to 47, IE of bubblers to .75, rotors to .70 per Landscape Manual. See Sheet L2 17. Water use calculation - Modified to calculate reclaimed water use area as special landscape area (SLA). Added note to have separate inigation meter on Sheet L1. 18. Regulation compliance statement - Added statement block with signature on Sheet L1. 19. Low volume inigation method within 24" of impermeable surface - Low volume spray head set min. of 24" away from impermeable surface will be used for spreading type of plants, bubbler will be used for smaller planters that are adjacent to impemieable surface.. Added a note on Sheet Ll. 20. Slope re-vegetation note - Added the note on Sheet Ll. Per our phone correspondence, we are required to provide Standard 2 and 3 with reinforced straw matting on slopes. All slopes shown on plan (north, east and west and south perimeter and retention basin) are steeper than 6:1, maximum 2:1. 21. Slope re-vegetation #1,2 and 3 - See 20 above. 22. Fire Protection Plan - Shown on Sheet L3. Per con-espondence with Fire Dept., we are allowed to have parking shade trees within zone 2, give the canopies are 20' apart. See email attached. 23. Fire protection maintenance access - All fire modification areas and access path are within pari<ing lot. See exhibit on Sheet L3. 24. Planting adjacent to open space - There is no exotic pest species on the planting list. 25. High fuel species - Removed seed mix containing high fuel plats from plant list Other changes: 1. Revised all plan per site changes - addition of transformer at west side of the building 2. Added small Crape Myrtle for the biofiltration box at west entry driveway. Please call me with any questions. Attachments. CONSULT A/^N T S Civil Engineering • Surveying SDP 14-01 Responses to Engineering Comments dated 2/6/14 General The Preliminary Hydrology Study dated Sept. 7,2014 and the Storm Water Management Plan dated Sept. 7, 2014 are sufficient for this discretionary review. At the time final engineering plans are submitted, the study and plan will need to be revised and updated as need to meet requirement in place at that time. Noted. An updated Hydrology Study and Storm Water Management Plan will be included in the final submittal. The Due Diligence Update Geotechnical Report dated Oct. 6,2010 is sufficient for this discretionary review. At the time engineering plans are submitted, a supplemental report based upon a review of the proposed project and the condition of the site at that time will be required. Noted. A supplemental report based on current conditions will be included in the final submittal. The Preliminary [Title] Report dated as of April 26, 2013 refers to 'easements' in items 22, 23,27,28, and 29. All easements reflected in the documents referred to in these items need to be plotted or provide correspondence indicating that there are no easements referred to therein that affect the proposed development. Item 22 has been added to the plan, however the exact location of easement cannot be plotted. Items 23 and 27 have been removed from the title report, please see updated report. Item 28 is a grant deed from HG Fenton to Opus West, no new easements were established. Item 29 has been added. Item 9 of the Preliminary Report dated as of April 26, 2013 refers to a 1986 easement granted to the City of Vista for sewer lines. The site plan shows this easement to be vacated. An updated preliminary report omitting this item needs to be submitted prior to conditioning of this project or the project approval will be conditioned to vacate the easement prior to the granting of a grading pennit or building permit, whichever comes first. Item 9 has been removed, please see updated preliminary report. O'Day Consultanta Inc. Email: oday@odayconsultants.com 2710 Loker Avenue West, Suite 100 Website: www.odayconsultants.com Cartsbad. Califbmia 92010-6609 Tel: 760.931.7700 Fax: 760.931.8680 SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER March 5, 2014 Page 2 of3 5. Show the location of the fire department connection [located within 90 feet of a fire hydrant]. Completed - see plan. 6. Revise the Project Trip Generation Use column fi-om 'Res. & Developmt.' to match remaining use columns. Completed - see plan. 7. Revise the Sewer Generation calculation to reflect 43 EDU not 96. Completed - see plan. 8. Revise the Water Demand calculation. Thirty three (33) GPD is too low for 76,000 square feet of warehouse. The demand is closer to 17,000 GPD. Completed - see plan. 9. Complete the Stormwater Flow Generation table by adding the 100 year flow rate. Completed - see plan. 10. Add the manhole rim elevation to the Vista sewer line along the north property line. Add sewer flow line elevations as needed to illustrate that the proposed 2:1 cut slope over the sewer line leaves sufficient cover over the line. Completed - see plan. 11. Relocate the east-west private storm drain along the north of the building out of the proposed 20' wide public water easement. Completed - see plan. O'Day Consultants Inc. Email: oday@odayconsultants.com 2710 Loker Avenue West Suite 100 Website: www.odayconsultants.com Carlsbad, Califomia 92010-6609 Tel: 760.931.7700 Fax; 760.931.8680 SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER March 5,2014 Page 3 of3 12. Re-align the north-south public water line along the west of the building to eliminate the northerly angle point opposite the northwest comer of the trash enclosure slab. Completed - see plan. 13. Per city of Carlsbad STD. DWG. GS-16, revise the trash bin enclosures to provide an area drain and storm drain connection to a BMP. No area drain or storm drain connection were provided. Trash bin enclosures will surface drain directly to the bioretention basin (BMP). 14. Provide an identifying callout for all roll up service doors. Completed - see plan. 15. Site Plan Sheet A-01 shows truck turning templates for trucks pulling out the leading bays. Show this information on Site Development Plan sheet 3 or 4 together with additional truck movements into the bays. Can the trucks using the northeast bays enter the site fi-om either entrance or are they limited to a clockwise entrance/ exit path? Identify which standard truck turning template was used. Completed - see plan. O'Day Consultants Inc. Email: oday@odayconsultants.com 2710 Loker Avenue West, Suite 100 Website: www.odayconsultants.com Carisbad, California 92010-6609 Tel: 760.931.7700 Fax; 760.931.8680 V^ARLSBAD Community & Economic Development www.carlsbadca.gov February 6, 2014 Mike Coady Burk Real Estate Group 260 East Baker Street, Suite 100 Costa Mesa, CA 92626 SUBJECT: 1st REVIEW FOR SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Site Development Permit, application no. SDP 14-01, 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 two complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, 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: Steven Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:sm c: Don Neu, City Planner Steven Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © SDR 14TP1 - BURKE CARLSBAD BUSINESS CENTER February 6, 2014 Page 2" ISSUES OF CONCERN Planning: 1. Please provide the Architectural Drawings, Sheets A-01 through A-04, on 24" x 36" sheet sizes. 2. Please recalculate the parking requirements. Office use has a separate parking ratio of one space per 250 square feet of gross floor area. ^. Include the City project number (SDP 14-01) within the upper-right hand corner of the plans on future submittals. 4. Please include the project name "Burke Carlsbad Business Center" on the Architectural Plan. 5. Please clarify the inconsistency between the proposed building area (78,530 SF) and the building area figure (80,412 SF) used to calculate required parking as shown in the Project Summary Table. 6. The total building coverage and building area noted on the Civil Plan differs from the Architectural Plan, please clarify. 7. Include all proposed furniture (i.e. benches, tables, trash receptacles, umbrellas, etc.), including materials, for both the indoor and outdoor eating areas. 8. Provide the square footage totals for each the indoor and outdoor eating areas. 9. Provide a detail ofthe trash enclosure(s) including design and materials. 10. The "Open Space" area should be noted on the Landscape Plan. 11. The Roof Plan should include the location of roof appurtenances, mechanical equipment and screening. Show all roof top equipment, appurtenances, stairways or other access provisions, including those required by the applicable building, plumbing, electrical and mechanical codes. In addition, demonstrate how all roof appurtenances, including air conditioners, shall be screened from adjacent properties and streets, as provided in Building Division Policy No. 80-6. Include a cross-section of the proposed roof equipment (A/C units) and parapet wall, including the elevation. 12. Depict all outdoor lighting proposed on the building and in the parking lot. All outdoor lighting must comply with CMC Section 21.34.090 (4), which states, "all uses shall be operated so as not to produce glare or high-intensity illumination which is perceptible without instruments by the average person while on or beyond the lot containing the use." 13. Provide a color board no larger than 9" x 12", showing building materials and color samples of glass, reveals, aggregate, wood, etc. 14. The required front yard setback and rear yard setback is 35 feet and 20 feet respectively pursuant to CMC Section 21.34.070 (B) 2 & 4. The Architectural Plan shows a required 50 foot A^L SDP 14-01- BURKE CARLSBAITBUSINESS CENTER February 6, 2014 Page 3 front yard and 25 foot rear yard setback. Please correct the note on the site plan and adjust the hatch mark that denotes the required building setbacks. 15. Please provide bike racks as required per the Building Code. Engineering: General 1. The Preliminary Hydrology Study dated Sept. 7, 2014 and the Storm Water Management Plan dated Sept 7, 2014 are sufficient for this discretionary review. At the time final engineering plans are submitted, the study and plan will need to be revised and updated as needed to meet requirements in place at that time. 2. The Due Diligence Update Geotechnical Report dated Oct. 6, 2010 is sufficient for this discretionary review. At the time engineering plans are submitted, a supplemental report based upon a review ofthe proposed project and the condition ofthe site at that time will be required. 3. The Preliminary [Title] Report dated as of April 26, 2013 refers to 'easements' in Items 22, 23, 27, 28 and 29. All easements reflected in the documents referred to in these items need to be plotted or provide correspondence indicating that there are no easements referred to therein that affect the proposed development. 4. Item 9 of the Preliminary Report dated as of April 26, 2013 refers to a 1986 easement granted to the City of Vista for sewer lines. The site plan shows this easement to be vacated. An updated preliminary report omitting this item needs to be submitted prior to conditioning of this project or the project approval will be conditioned to vacate the easement prior to the granting of a grading permit or building permit, whichever comes first. 5. Show the location of the fire department connection [located within 90 feet of a fire hydrant]. 6. Revise the Project Trip Generation Use column from 'Res. & Developmt.' to match remaining use columns. 7. Revise the Sewer Generation calculation to reflect 43 EDU not 96. 8. Revise the Water Demand calculation. Thirty three (33) GPD is too low for 76,000 square feet of warehouse. The demand is closer to 17,000 GPD. 9. Complete the Stormwater Flow Generation table by adding the 100 year flow rate. 10. Add the manhole rim elevation to the Vista sewer line along the north property line. Add sewer flow line elevations as needed to illustrate that the proposed 2:1 cut slope over the sewer line leaves sufficient cover over the line. 11. Relocate the east-west private storm drain along the north of the building out of the proposed 20' wide public water easement. s^ SDP 14-01 - BURKE CARLSBAD BUSINESS CENTER February 6, 2014 Page 4 12. Re-align the north-south public water line along the west of the building to eliminate the northerly angle point opposite the northwest corner of the trash enclosure slab. 13. Per City of Carlsbad STD. DWG. GS -16, revise the trash bin enclosures to provide an area drain and storm drain connection to a BMP. 14. Provide an identifying callout for all roll up service doors. is. Site Plan Sheet A-01 shows truck turning templates for trucks pulling out the loading bays. Show this information on Site Development Plan Sheet 3 of 4 together with additional truck movements into the bays. Can the trucks using the northeast bays enter the site from either entrance or are they limited to a clockwise entrance /exit path? Identify which standard truck turning template was used. Landscape: 1. Landscape comments will be mailed out separately within a few days. Fire: 1. Please contact the Fire Department directly for project issues and/or concerns.