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Home My WebLink AboutSP 23F; AMERICAN SELF STORAGE; Specific Plan (SP).. , : ~~ f. .. -----------.---'-"-' ----'---'---~---.. -~ aTY OF CAlli..':i(]AD ---..... .. _--------... _ ... --~ LAND USE REvt:Ew APPUCATION FOR PAGE 1 Of 2 1) APPliCATIONS APPUED FOR: (CHECK BOXES) ". 0 Master Plan [lJ Specific Plan 0 Precise Development Plan .t'""!' W r!!ntati ... ~ 'Yracdtla-p q . ?Ianned Development Permit 0-~on:Residential Pla~ed Development 0 Condominium Permit 0 Special Use Permit 0 Redevelopment P~rmit 0 Tentative Parcel Map 0 AdminiStrative Variance 2) LOCATION OF PROJECf: ON TIfE (FOR DEPT USE ONLY) I o General PI~n Amendment Local Coastal I'lan Amendmen~ o Site Development Plan o Zone Change [XJ Conditional Use Permit o Hillside Development Permit [II Environmental Impact Assessment o Variance o Pl~ed [ndustrial Permit o Coastal Development Permit o Planning Commission Detennin!ltion o List any other applications not specificed West I SIDE OF I .Paseo Del Norte (NORTH. SOUTH EAST. WESn (NAME OF STREEn BE1WEEN IPalomar Airport i¥. AND I Camino Del Par que I (NAME OF STREEn (NAME Of STREEn .f~ 3) BRIEF LEGAL DESCRIPTION: I Parcel 2vof Parcel Map No. 3415, City of C,srlsbad. ~~-Kl £..--.......... /"'- 4} ASSESSOR PARCEL NO(S}. ~ 211-040-17 f ,. 'V I--~ 5) LOCAL FACIUTIES I I N-C In ~ROPOSED GENEIW. PLAN I N-C I 6) EXI::'llNI.J ._ •. _.:A.. PI..AN MANAGEMENT ZONE DESIGNATION DESIGNATION . I 9) PROPOSED ZONING I 110) GROSS SITE ill] 8) EXISTING ZONING I P-C p .... C ACREAGE .' " 11) PROPOSED NUMBER OF EJ 12) PROPOSED NUMBER ~ 13) lYPE OF SUB OMS ION §] RESIDENTIAL UNITS OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDEN11AL UNITS I Vacant I 15) PROPOSED INDU'STR!AL I 2,467 116) PROPOSED COMMERCIAL 1104,0431 OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ' NOT!: "PIUJIIOSID JII.OJV.C1' ItIiQUUUNG THAT YJLTJPLI N'PUCAnONS 81 mID .MUSr .. StmMTI'ID PIJOa 10 1:30 , .... A PIl(JlQSll) PRaJECT i -. : I : , ! j. I 1 I I I I ·1 I I RIQUDUNG 'tHAT otI.Y t».: APfUCA110N .I'ILID aasr BE sUDIrttm ftUOIllO 4:00 '.M; ~OOO16 8190 .. CIlY OF CAR.L.SBAD LAND USE REVlEW APPLICATION FORM PAG~ 2 :F :: 17) PERCENTAGE OF PROPOSED PROJEct IN OPEN SPACE :I 18) PROPOSED SEWER l:SAGE IN EQUIVALENT DWELLING L'NITS 19) PROPOSED INCREASE IN AVERAGE DAlLY TRAFFIC 20) P~O~ECT ~AME: .. 21) r-BR_I_EF __ DE_S_C_R_IP_TI_O_N_O_F __ PR_O_J_Ect __ : __________ ~_T_h_e~a?v.~ic~nt is requesting approval of a Conditional Use Permit and S ecific Plan Amendment to ·allow·con~truction of a mini-warehouse storage business on 3.5 acres of vacant land. 22) IN TIiE PROCESS OF REVlEWING TIUS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CllY STAFF, PlANNING COMMISSIONERS, DESIGN REVIEW 30ARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPEct AND ENTER TIiE PROPERlY TI:i4~.Y£JEct OF TIUS APPLICATION. IIWE CONSENT TO ENTRY FOR THIS PL'RPOSE ->G-~....c...E..< 23) OWNER NAME (PRlNT OR TYPE) American Self Storage MAIUNG ADDRESS 5200 El Camino Real SIGNAniRE 24) APPUCANT NAME (PRlNT OR TYPE) Jim A. Marquez Planning and Design MAlLING ADDRESS 1860 S. Elena Ave., Suite A CITI AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE I (310) 791-217,5 Carlsbad, CA 92008 (619) 438-0333 Redondo Beach, CA 90277 I CERTIFY TliAT I AM nu LEGAl. OWNER AND TliAT.\IJ. THE A8OVlINFORMATION IS TRUE AND COMECT 1'0 nif: IIESt' 0' M~~ .L SIGNATURE DATE 7). :8 /~2.. FOR PTI USE ONLY FEE COMPUTATION: APPUCAnON TYPE T9T AL FEE REQUlp.£D DATE FEE PAlO FEE REQUIRED .' .~ I CEATIFY TIMT I AM niE·LEGAl. OWNER's WRE.SOO/irtVE AND mAT ALI. niE AIIQ\It INFOIlMATIOH IS TRUE AND CORRECT TO niE BEST 0' MY KNOWUDGL •••••••••••••••••••••••••••••••••••••••••••• JUl2 81992 erN Of CAfUJlU~AD ~~ DATE STAMP APPUcinON RECEIVED RECEIVED BY: R£CEIPT NO. . , 3/:~~i " ." " l' _.... . ... -. ""-_. ClTY Of c...w.soW···.. . *' y~ -LAND USE REVl.EW APPUCA1l0N. FOR PAGE 1 OF i 1) APPLICATIONS APPUED FOR: (CHECK BOXES) 0 [l1 0 0-, q 0 0 0 0 0 0 Master Plan Sp~~ific Plan Preds« Developmt!nt Plan T.~n{ative Tract ~Ia-p .-, . '?lanned Development ?ermit Son:Residential Pla~ed Development Condominium Permit Special Use Permit Redevelopment Pennit Tentative Parcel Map Administrative Variance (FOR DEPT USE ONLy) 0 General Plan Amendment 0 Local Coastal Plan Amendment 0 SIte! Development Plan 0 Zone Change (lJ Conditional Use Permit 0 Hillside Development Permit (ll Environmental [mpact Assessment , 0 v.ariance 0 Planned Industrial Permit 0 Coastal Developm~nt Permit 0 'Planning CorMl.ission Determination 0 Ust any other applications not specificed FOR. :::E?7 '':SE OS: .. :=' 2) LOCATION OF PROJEcr: ON 11-IE ... 1 ___ W.;.;..;;.e;;;.s.;;.t ___ ---i SIDE OF Paseo Del Norte (NOR11-I. SOlITH EAST. WES'D (NAME OF STRE.En BE1WEEN I Palomar Airport +. AND Ir-----------." ~a!llino Del Parque . (NAME OF STRE.E'D 3) BRlEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACIUTIES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBER OF RESIDENTIAL UNITS (NAME OF STREE'D I Parcel 2v of Parcel Map No. 3415, City of Carlsbad. I 211-040-17 t I' 16) EXISTING GENEAAL PLAN '-----..I DESIGNATION I P-C 19) PROPOSED ZONING ~ 12) PROPOSED NUMBER L:..J OF LOTS N-C 17) PROPOSED GENERAL PLAN R-C DESIGNATION . P-c 110) GROSS SITE ACREAGE ~ 13) mE OF SUBDMSION. ~ (RESIDENTIAL COMMERCIAL INDUSTR.W.) 14) NUMBER OF EXISTING RESIDENTIAL UNITS Vacant· 1S) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 2,467 116) PROPOSED COMMERCIAL '------~ SQUARE FOOTAGE 1104,043 I i I I I I I .[ NOT!: A PROfQ5IDl PItOJECt' JtIQUIIUHG tHAT .U:mu RllUCA1lONS BllILID J&JSr. SU!M'I'11D PI.IOIIt. 10 3:30 ~.K.A PtU:lfQIim PRamcf < REQUDUNG nIAt' ON.Y a..Alft.tCA11QN • JIILIID.am BE sUDtm!D ftOO& to 4:00,.... . . FRMOOO16 8190 '1:---~-------~~'~'_'-I_-~ ________ -___ -__ ~ __ D_U_SE_'~_lf_i_I~_'~_' c._;~_~-,Li_'~_AJ)_~_;_N_F_~~_~_·'~~=~-II-, --~~_~.-._'~ '~_-_-_'=-_-__ "--:.~.~~!. .. :.;~,~., 11) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE \8) PROPOSED SEWER L:SAGE IN EQUIVAlENT DWELLING t.:NITS I 1.9) PROPOSED INCREASE IN AVERAGE DAILY TRAfFIC e' • . 21)' ,BRIEF DESCRIPTION OF PROJECT: I The applicant is requesting approval of a Conditional Use Permit and Specific Plan Amendment to allow construction of a mini-warehouse storage business on 3.5 acres of vacant land. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAYBE NECESSARY FOR MEMBERS OF tHY STAFF, PlANNING COMMISSIONERS. DESIGN REVIEW 30ARD MEMBERS. OR CllY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERlY THAT IS THE SUBJECT OF THIS APPLICATION. I/wE CONSENT TO ENTRY FOR THIS PI:RPQSE SIGNAn:RE 23) OWNER 24) APPUCANT NAME (PRlNT OR lYPE) NAME (PRlN1 OR 1YPE) Redeemer by the Sea Lutheran Church Jim A. Mani uez Planning and Design MAJUNG ADDRESS MAlLING ADDRESS c/o Mr. Doug Moody, Lexington Mortgage 1860 S. Elena Ave., Suite A CITt AND STATE ZIP TELEPHONE cm AND STATE ' ZIP TILEPHO~E \ (310) 791-2175 ! Carlsba~t CA 92018' (619) 431-8511 Regondo Seach t CA 90277 , . I CERTIFY THAT I AM THE ~CiAL. OWNER LUTHERAN' CHURCH AND 1ltAT ...u. THE AIIOVI~NFOIIMA N , WWXiE. e ~ISSOURI SYNOD ~5TR ANDCOAAECTlO 0' EXTENSION FUND- I~ru~ DATE 7-21-92· G raId E. Wendt, Vice 'Presiden:t 'Hor-tgage 'L(:" s ••••••••••••• * •••••••••••••• * ••••• ~ •••••••••••••••••••••••••••••••••• FOR era YSE ONLY FEE COMPUTATIONf APPUCATION'tYPE TOTAL. FEE REQUIRED DATE FEE PAlO _ .~ It, FEE REQUIR£D 3q;~ I I CEllilFY 1ltAT I AM TME LEGAl. OWHEA',WRE.S£HTATlYE .'oND llIAT AU. THE A/CoIEINFOIlMATIOH IS nUE AND COAAfC1' Ttl THE BEST-O'MY I<NOWWXiE. JU12 81992 C~TY OF CA~l~~~AD PLANNmNG DE". DATE STAMP APPUCAnON P.E.C£M:D RECEIVED BY: ~CEIPTNO. • CitY' of • Carlsbad Plannin De arhnetd '. DISCLOSURE STATEMENT •• I • •.•• . : .,,;. APP,L1CANT:S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE ~ .:: ··~':i~·OISCRET.\oNAfW ACTION ON THE PART OF THE CITY COUNCil, OR ANY APPOINTED BOARD. COMMISSION OR COMMrITEE, ~~~~~_,~_~_;;~;_;~_.~_::_. ,_ .. _'_' __ ' ____ . ____________________________ . __________ ~---------------------------J The following information must be disclosed: 1. Applicant Ust tlie names and addresses of all persons having a financial interest in the application. Ted Dawes Jim A. Marquez :planning and Design American Self Storage 1860 S. Elena Ave., Suite A 5200 El Camino Real Redondo Beach, CA 90277 Carlsbad. CA 92008 2. Qwner Ust the names and addresses of all persons having any ownership interest in the property involved. Ted Dawes (Owner in Escrow) American Self Storage 5200 El Camino Real Carlsbad, CA 92008 • 3. If an'y person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person Identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. . FRMOOO1 4/91 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 '. • ~, . (Over) , Oisc/osure Statement Page 2 5. Have you had more than $250 worth ofbusines$ transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No -2.. If yes, please indicate petson(s)'.....,' ,.....-___ ....,...... __________ ~------- ~ is defined as: 'Any individual, firm, cop~rtnership, joint v~nture, association, social cluQ, fraternal organlzati9n, corporation, e~ate, ,trust; receive, syndicate, this and any other c9unty, city and county, city municip~lity, district or 6th~r'pol~icai 'subdjvisicm, or any. other group or combination acting as ~ un~' • . (NOTE: Attach additional pages as n~cessary.) ",~~ Signature of Owner/date Jim, A. Marquez' . . . - Print or type name of owner Print 'or type name of applicant FAM0001 4/91 • • ~ -t I ;' • • PROJECT DESCRIPTION/SXPLANATION PROJECT NAME: APPLICANT NAME: American Self Storag~, 5~00 ~~ Camino ReaL, Carlsbad, CA 92008 Please describe fully the ptoposed project. .Inctu,de any details necessary to adequately expfain the 'Scope and/or operation of the proposecl project. You may' also include, any background information and supporting statements regardihg the reasOhs for', or appropriateness of, the application. Use an addendum sheet:if necessary. , Description/Explanation. See Attached. Rev. 4/91 JUL2 8 1992 CiTY ~)f (~A~~..sIBAD 'PLANf~U\!JG DEPT. ProjO •• c.frm • PROJECT DESCRIPTION / EXPLANATION Application for Conditional Use Permit and specific Plan Amendment American Self storage 6185 Paseo Del Norte, Carlsbad, CA A. GENERAL INFORMATION 1. project Description The applicant is requesting approval of a Conditional Use Permit for the mini-warehouse development to allow construction of a household storage business on 3.5 acres of vacant land at 6185 Paseo Del Norte, Carlsbad, CA. The Specific Plan Amendment is included to remove the condition mandating concurrent development with the adj acent development to the south. The property is legally described as Parcel 2 of Parcel Map No. 3415, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 21, 1975 as File No. 75-014212 of Official Records. The site corresponds to Assessor Parcel No. 211-040-17. 2. Zoning/General Plan The site is zoned PC (Planned community). The General Plan Designation for the property is Neighborhood Commercial. The site is consistent with the General Plan, Zoning Ordinance, and the surrounding area subject to a Conditional Use Permit and Specific Plan Amendment. The property is surrounded by commercial, professional, and medium density residential units and open space; and fronts the 1-5 Freeway on the west. The size, shape, and configuration of the site will complement development in the area. The owners of the property to the south have provided written agreement with this Specific Plan Amendment. 3. Building Area The total building area of the proposed project will consist of 106,510 sq. ft., comprising 104,043 sq. ft. of mini self-storage units in two story wood and stucco buildings and attached garage with metal roll-up gates; 843 sq. ft. sales office, and a 1,624 sq. ft. manager's unit. The applicant proposes building footprints of 55,417.75 sq. ft., providing an approximate lot coverage of 52%. Landscaping coverage constitutes 42.4% of the site. • CUP / Specific Plan Amendment American Self Storage Page 2 4. parking The applicant' s site plan proposes a total of twelve (12) parking spaces and two loading areas having dimensions of 38' x 20' and 62.5' x 20', respectively; as approved per P.C. Resolution No. 2369 (CUP No. 246), and the C.C. Resolution for Specific Plan Amendment No. SP-23 (E) . To ensure access and maximum security for customers and tenant storage, five off street parking spaces and the manager's garage are available off Paseo Del Norte at all times. B. SITE INFORMATION 1. General The project will conform to all development standards established by the city of Carlsbad Zoning Ordinance. Site design will maintain front, rear, and side yard setbacks of 20', 34', and 25', respectively, with a 90' landscaped setback along the open space side yard to the west. Height and elevations of the building are approximately 20-23 feet. The site will feature two signs: one free standing sign located in front of the building, and one wall sign along the west elevation. Both signs consist of an American flag and the lettering "American Self Storage". 2. Streets and utilities Vehicle access to the property will be served by Paseo Del Norte and Camino Del Parque. Regional access is afforded by Palomar Airport Road, which connects to Interstate 5. Upon 90% rent out after the first year, the project is anticipated to generate Average Daily Traffic of between 5-7 trips for customers and four trips. for the manager/caretaker. Paseo Del Norte is an existing, fully improved street with curbs, gutters, street and infrastructure; water, sewers, gas, telephone, and stormdrain. San Diego Gas and Electric (SDG&E) overhead. CUP / Specific Plan Amendment American Self Storage Page 3 water and sewer service will be provided by the Carlsbad Municipal Water District. Connection is available to existing water and sewer lines in Paseo Del Norte. A 15' water line easement is located on site perpendicular to Paseo Del Norte approximately 160' south of the northernmost property boundary. Police service will be provided by the Carlsbad Police Department, located at 2560 Orion Way, approximately three (3) miles northeast of the site. Fire service will be provided by station # 4, Carlsbad Fire Department, located at 6885 Batiquitos Dr., approximately one (1) mile southeast of the subj ect property. An existing fire hydrant located on the west side of Paseo Del Norte immediately in front of the site will provide adequate fire flow to the proposed development. A street light presently located in front of the site along Paseo Del Norte is adequate to serve the subject property. No additional off site lighting is proposed. The surrounding community will bear no costs, nor be affected in any way, by the activity. All public services and facilities utilized by the proj ect are available and within capacity levels. No adversity wi~l be created to the health, safety, or general welfare of current or future community residents. 3. Grading and Drainage The site is adequate in size, shape, and configuration to accomodate all prescribed development features, and consists of a relatively level building pad surrounded by gradual slopes to the property boundaries. An approximately 24 to 25 foot high ascending slope parallels the southeast boundary. An up to 22 foot high descending slope is located on the southwest side of the building pad. An approximately 18 to 24 foot high descending slope is located along the northwest side of the pad. All slopes are less than 15% grade. Mounds of fill with organic material (branches), concrete, asphalt, and vegetation are located at the site. Holes to approximately two feet deep are located along the northwest side of the building pad, and one to two feet deep gullies are located along the northeast side of the pad. CUP / Specific Plan Amendment American Self storage Page 4 No alteration of the existing ground surface will be made which will affect the stability of future development or surrounding residences from slope instability, mud flow, or erosion. To the contrary, site soils have been examined by a licensed Geotechnical Engineer and found to be suitable for the proposed development. Development similarly presents no adversity to the natural resources of the area. site examination has revealed that features of the activity area are indigenous to the greater region, and present no special consideration. The land contains no fish, wildlife, or other plant resources of note. similarly, the site contains no historical or archaeological resources of significance. The site is not impacted by a fiood plain. A Hydraulic Analysis prepared by a licensed engineer reveals that the site lies outside the 100 year flood plain of Encinas Creek, north of the project site. 100 year peak flows in Encinas Creek will have no direct impacts on the proposed improvements. On site drainage to watercourses will be protected by design of a southern swale filled with course rock to control urban pollutants from the site. Grading, cut., fill, import, and export will be designed pursuant to all existing regulations of the Engineering Department. site grading was previously approved under Grading Permit No. PE 2.89.52 on June 27, 1990. The original project proponent, Atlantic Capital Investors (Tazon Development), requested cancell.ation of this permit on November 25, 1991. 4. Landscaping The applicant proposes an extensive landscape program designed by a licensed landscape architect to ensure compatibility with surrounding uses. Particular consideration has been given to the physical design aspects of development, such that site characteristics (pad elevations, slopes, and building height) and plant selection are incorporated to create a functional, aesthetically pleasing plan. These components of the plan will be discussed in turn. CUP / Specific Plan Amendment American Self storage Page 5 a. site Characteristics: Review of the proposed landscape plan discloses that the mini-warehouse site will be developed on a pad of approximately 48.00'. The adjacent parcel to the south maintains a pad elevation of approximately 75.00'. The 15' slope separating the two pads ranges from 55' to 65' • This difference in pad elevation between the subject household storage and adjacent office property of approximately 25-30' is a critical consideration of development, as it allows landscaping between the two pads along the adjoining property line. There exists a 15' wide sloped sideyard to effectively shield views of the storage units from adj acent properties. This concept is made even more effective by the applicant's proposal to limit building height to 20' for all proposed mini-warehouse units. The resulting site design is therefore a good example of using low profile structures and specific landscaping materials to create a naturalized buffer from the pad level of the parcel to the south. b. Plant Selection: The aforementioned dimensions provide an ideal site upon which to accomodate development as proposed. Accordingly, the landscape architect has selected a variety of trees, shrubs, and groundcovers for perimeter landscaping which complement native vegetation in the area, and provide maximum mitigation to adjacent properties. All plants will be permanently irrigated and maintained by the property owner. (1) Southern Boundary: Views from residential properties to the southeast will be buffered by a densely landscaped wall of twelve (12) California Sycamores (platanus racemosa), planted along the southern boundary of the property. These trees feature fast growth to a robust 50-100 ft., and maintain smooth, often twisted branches with leaves of 4-9 inches long. Interspersed among the Sycamores will be 28 pink meleleucas (melaleuca nesophila). These trees feature fast growth to 15-30 ft., with heavy CUP / Specific Plan Amendment American Self Storage Page 6 branches. Their typical use as a big, informal screen will provide additional landscape density along the southern boundary. Groundcover will consist of ice plant (drosanthemum hispidum). (2) western Boundary: Landscaping along the western boundary of the site, fronting the freeway, is proposed as thick, dense foliage patterned after traditional office development landscape themes. Planting includes nine (9) California Sycamores and 25 pink meleleucas, sufficient to shield westerly building elevations from freeway views. Groundcover will consist of ice plant (drosanthemum hispidum). (3) Northern Boundary: Native plants are used extensively along the north side of the property, adjacent to the Encinas Creek Flood Plain. Plant selection includes 15 gallon Prunus Lyonii, 5 gallon Typha Sp., 1 gallon Atriplex Lentiformis- Breweri, and 15 gallon Rhus Integrifolia. Two (2) California Sycamores are provided to complement landscaping along adjacent boundaries. Gro~ndcover includes ice plant (drosanthemum hispidum), and wild lilac (Ceanothus Maritimus). (4) Eastern Boundary: A substantial variety of landscape materials have been utilized along Paseo Del Norte to mitigate views from adjacent properties, and enhance site aesthetics from the street frontage. Trees include five (5) London Plane Trees (platanus acerifolia), five (5) Chinese Sweet Gums (liquidambar formosana), and one (1) Carrot Wood (cupaniopsis anacardioides). Shrubs include Lily of the Nile (agapanthus orientalia), Australian Tree Fern (alsophila cooperi), Daylily (hemerocallis hybrid), Texas Privet (ligustrum j aponicum texanum) , ,Mock Orange (pi ttosporum tobira), Variegated Mock Orange (pittosporum tobira variegata), Raphiolepis (raphiol-epis pink cloud), and Dwarf Oleander (nerium oleander little red). Groundcover includes ice plant (drosanthemum hispidum), english ivy (hedera helix hahnii), bermuda sod, and Ceanothus Maritimus. . . CUP / Specific Plan Amendment American Self Storage Page 7 C. PROJECT HISTORY The subject proposal was originally approved by the city of Carlsbad as part of two actions: 1) Planning Commission Resolution No. 2369, CUP No. 246 on November 28, 1984; and 2) City Council Resolution of SP-23 (E). These caSes included the subj ect si te, as well as an adj acent parcel proposed for office use. Four one-year extensions of the CUP were subsequently approved by the Planning Commission on January 22, 1986; May 6, 1987; May 18, 1988; and March 1, 1989. Due to the lack of lender funding for the adjacent office parcel, the CUP expired prior to development of the site. Site grading was approved under Grading Permit No. PE 2.89.52 on June 27, 1990. The original project proponent, Atlantic Capital Investors (Tazon Development), requested cancellation of this permit on November 25, 1991. Coastal commission Permit No. 6-89-286 was issued for the property on December 13, 1989, and extended for one year on December 9, 1991. The current applicant, American Self Storage, has purchased the site from Atlantic capital Ihvestors and desires to develop the self-storage property as previously approved. No material changes are proposed to the project from that originally approved, although this application does not include the adjacent office site. American Self Storage has successfully developed self storage sites in other locations in Southern California~ American Self Storage currently owns the property in escrow, with closing anticipated no later than August, 1992. Note that we are not in control of the adjacent office property,' which has been purchased by the Lutheran Church. As a result, we are requesting that permitting and construction of the storage site proceed unrelated to the office property, since we have no control over their progress. Notwithstanding, the Lutheran Church has endorsed the separation of the two sites, as their development intentions contain different time schedules inconsistent with those of Tazon Development. . , • CUP / Specific Plan Amendment American Self storage Page 8 D. CONDITIONS OF APPROVAL • The applicant is proposing to develop the self-storage property as previously approved by the City of Carlsbad. No changes in the scope, design, or intensity of development are contemplated. The applicant proposes the following conditions of approval to serve as additional mitigation to the project: 1. The applicant will accept all prior conditions of approval without modification. 2. The applicant proposes an extensive landscape program designed by a licensed landscape architect. The grounds will be landscaped with trees, shrubs and groundcovers, and permanently irrigated and maintained by the property owner. A densely landscaped wall of trees will be planted along the eastern boundary of the property to enhance views from residential properties to the east. The proposed adjacent office complex will also buffer these residences from the storage site. construction to the maximum height of said trees is also a part. We suggest 30-40 feet. 3. The applicant will install all perimeter landscaping prior to construction to reduce noise and aesthetic impacts inherent to the building process. 4. The applicant will pay all public facilities fees required by the Ci ty prior to issuance of building permits. SOUTHLAND TITLE CORPORATI'ON 4520 EXECUTIVE DRIVE SAN DIEGO, CALIFORNIA 92121 (619)552-0333 SOUTHLAND TITLE ESCROW 4520 EXECUTIVE DRIVE, SUITE 100 SAN DIEGO, CALIFORNIA 92121 ATTENTION: VICKIE YOUR NO. 7220VC/DAWES OUR NO. 23502-32 DATED AS OF APRIL 14, 1992 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE SOUTHLAND TITLE CORPORATION HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A POLICY OR POLICLES O.F 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 RJ:FERRED TO AS AN EXCEPTION IN SCHEDULE B 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 OF SAIDPOl,.iCY OR POLICIES ARE SET FORTH IN THE ATIACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETG)IS ISSUED SOU~L Y FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. 2. 3. 4. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY AMERR~lIIAIR.E ASSOCIATION OWNER'S P~~<£{!J ;:;f-: JUL 2 81992 ' crrv OF CARl$~AO TITLE OFFICER, MICHAEL E. W.EST f?LA!Mi~UNG D~i-~T. _ [Xl [Xl [] [] ., 11 _RDER NO.: 23502-32 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ATLANTIC CAPITAL INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 3415, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975. SOUTHLAND TITLE CORPORATION 2 '. .RDER NO.: 23502-32 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS 'REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1991 -19,92 WHICH ARE A LIEN. FIRST INSTALLMENT: DELINQUENT SECOND INSTALLMENT: DELINQUENT 1A. SAID PROPERTY HAS BEEN DECLARED TAX DEFAULTED FOR NON-PAYMENT OF DELINQUENT TAXES FOR THE FISCAL YEAR 1990 -1991. AMOUNT TO REDEEM BY APRIL 30, 1992, FOR THE ABOVE STATED YEAR (AND SUBSEQUENT YEARS, IF ANY), IS $11,753.44. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND ~AXATION CODE OF THE STATE OF CALIFORNIA. 3. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT. RECORDED: FEBRUARY 16, 1966 AS fILE/PAGE NO. 27424 AND MAY 31, 1966 AS FILE/PAGE NO. 89678, BOTH OF OFFICIAL RECORDS AFFECTS: THE FREEWAY ADJACENT TO SAID LAND J 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT J 5. J 6. GRANTED TO: THE CITY OF CARLSBAD PURPOSE: STORM DRAIN RECORDED: JUNE 9, 1972 AS FILE/PAGE NO. 143227 OF OFFICIAL RECORDS AFFECTS: A PORTION OF PARCEL 2 AS SROWN ON PARCEL MAP 3415 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS. BY AND BETWEEN: REGARDING: RECORDED: FINANCIAL SCENE, INC. AND THE DIRECTOR OF PUBLIC HEALTH OF THE COUNTY OF SAN DIEGO CONNECTION TO SANITARY SEWER SYSTEM AND TEMPORARY DISPOSAL SYSTEM JULY 11, 1974 AS FILE/PAGE NO. 74-186397 of OFFICIAL RECORDS AN EASEMENT FOR POWER LINES AND INCIDENTAL PURj?OSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY AS SHOWN ON SAID PARCEL MAP NO. 3415. SOUTHLAND TITLE CORPORATION 3 .RDER NO.: 23502-32 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: " 8. / 9. j AMOUNT: $1,600,000.00 DATED: MARCH 3, 1989 TRUSTOR: ATLANTIC CAPITOL INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: GROSSMONT BANK BENEFICIARY: GROSSMONT BANK RECORDED: MARCH 10, 1989 AS FI~E/PAGE NO. 89-124791 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND-PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED. EXECUTED BY: GROSSMONT BANK AND ATLANTIC CAPITOL INVESTORS, A CALIFORNIA LIMITED PAR~NERSHIP RECORDED: APRIL 10, 1991 AS FILE/PAGE NO. 1991-0160438 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED. EXECUTED BY: GROSSMONT BANK AND ATLANTIC CAPITA~ INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP RECORDED: NOVEMBER 7, 1991 AS FILE/PAGE NO. 1991- 0578393 OF OFFICIAL RECORDS A PETITION, WAIVER AND CONSENT TO SPECIAL ASSESSMENT PROCEEDINGS JULY 27, 1990 AS FILE/PAGE NO. 9-0-409725 OF OFFICIAL RECORDS. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET GRANTED TO: PURPOSE: RECORDED: AFFECTS: FORTH IN A DOCUMENT THE SAN DIEGO GAS AND ELECTRIC COMPANY TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF UNDERGROUND FACILITIES AND APPURTENANCES,FOR THE TRANSMISSION AND DIS.TRIBUTION OF ELECTRICITY, PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSE$ AND COMMUNICATION FACILITIES AND APPURTENANCES JANUARY 2, 1991 AS FILE/PAGE NO. 1991-0001117 OF OFFICIAL RECORDS A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN rHE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3 FEET, MEASURED AT RIGHT ANGLES, O:N EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE DECEMBER 3·0, 1992. THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. LIMITATIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS SET OUT IN THE EASEMENT DOCUMENT HEREINABOVE SHOWN. SOUTHLAND TITLE CORPORATION 4 23502-32 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SEcuRED THEREBY: / 11. AMOUNT: $200,000.00 DATED: AUGUST 9, 1991 TRUSTOR: ATLANTIC CAPITAL, INVESTORS, A CALIF. LTD. PARTNERSHIP TRUSTEE: GROSSMONT BANK BENEFICIARY: GROSSMONT BANK RECORDED: SEPTEMBER 4, 1991 AS FILE/PAGE <NO. 1991- 0451651 OF OFFICIAL RECORDS BY THE PROVISIONS DATED: EXECUTED BY: RECORDED: OF AN AGREEMENT SEPTEMBER 16, 199'1 ATLANTIC CAPITAL INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP AND GROSSMONT BANK, A CALIFORNIA BANKING CORPORATION NOVEMBER 7, 1991 AS FILE/PAGE NO. 1991- 0578392 OF OFFICIAL RECO;R,DS SAID INSTRUMENT WAS MADE SUBORDINATE TO THE LIEN OF TUE DOCUMENT OR INTEREST SHOWN: A REAL ESTATE LOAN MODIFICATION AGREEMENT RECORDED NOVEMBER 7, 1991 AS FILE/PAGE NO. 1991- 0578393 OF OFFICIAL RECORDS. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDEN.TAL THERETO AS SET GRANTED TO: PURPOSE: RECORDED: FORTH IN A DOCUMENT CITY OF CARLSBAD, A MUNICIPAL CORPORATION TEMPORARY DRAINAGE MAINTENANCE PURPOSES FEBRUARY 19, 1992 AS FILE/PAGE NO. ·1992- 0088631 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 12. ANY AND ALL UNRECORDED LEASES AND ASSIGNMENT THEREOF. 13. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIB~E AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 14. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 15. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF SAID LAND THAT IS SATIS'FACTORY TO THIS COMPANY, OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. AN INSPECTION OF SAID LAND HAS BEEN ORDERED; UPON ITS COMPLETION WE WILL APVISE YOU OF OUR FINDINGS. END OF SCHEDULE B SOUTHLAND TITLE CORPORATION 5 eRDER NO.: 2350~-32 SCHEDULE OF NOTES AND REQUIREMENTS PLEASE CONSIDER ANDIOR COMPLY WITH THE FOLLOWING NOTES AND REQUIREMENTS PRIOR TO THE CLOSE OF ESCROW. . NOTE NO.1: THIS COMPANY WILL REQUIRE THE FOLLOWING TO INSURE A LOAN BY OR A CONVEYANCE FROM, THE ENTITY NAMED BELOW: TAZON DEVELOPMENT, GENERAL PARTNER (A) A COpy OF THE CORPORATION BY-LAWS OR ARTICLES (B) AN ORIGINAL OR CERTIFIED COpy OF THE R~SOLUTION AUTHORIZING THE SUBJECT TRANSACTION. J NOTE NO.2: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LANP, BUT WHICH, IF ANY DO EXIST·, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: DAWES, DAVID S. (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) J NOTE NO.3: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: ~~VID ~\. DAWES PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. SOUTHLAND TITLE CORPORATION 6 .RDER NO.: 23502-32 NOTE NO.4: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINA,RY CHANGE OF OWNERSHIP REPORT".' IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, ,THE RECORDER WILL NOT CHARGE AN EXTRA FEE, IF THE 'DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT SIGN'ED BY THE TRANSFEREE THAT THE TRANSFEREE IS IN FACT NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO INCLUDE SUCH ADDITIONAL FEES WHEN APPLICABLE. THE FOLLOWING MATTERS SHOULD BE CONSIDERED IF AND WHEN THE INTENDED ACQUIRES TITLE. AN ABSTRACT OF JUDGEMENT FOR THE AMOUNT SHOWN,BELOW AND ANY OTHER AMOUNTS DEBTOR: CRED,ITOR: DATE ENTERED: COUNTY: COURT: CASE NO. AMOUNT: RECORDED: DUE. DAVID DAWES GRAND, LTD. C/O MOFFITT INC. & ASSOCIATES JUNE 16, 1987 SAN DIEGO MUNICIPAL 68514 $1,683.70 JUNE' 21, 1988 AS FILE/PAGE NO'. 88-297203 OF OFFICIAL RECORDS NOTE: NO EXAMINATION OF SAID PROCEEDINGS HAS YET BEEN MADE. UPON COMPLETION OF OUR EXAMINATION WE WILL ADVISE YOU OF OUR FINDINGS. NOTE NO.5: I ' AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUT~S OF 1989 (AB 512; INS. CODE SEC 12413.1) BECAME EFFECTIVE. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESc:ROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY UPON DEPOSIT. CASHIER'S CHECKS, TELLER'S CHECKS AND CERT,IFIED CHECKS MAY BE AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT. ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID DELAYS, ALL FUNDING SHOULD aE BY WIRE TRANSFER. OUTGOING WIRE TRANSFERS WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS. SOUTHLAND TITLE CORPORATION 7. OUR WIRING INSTRUCTIONS FOR OUR LOAN PAYOFF ACCOUNT IS: FIRST COMMERCIAL BANK 4160 KEARNY MESA ROAD SAN DIEGO, CALIFORNIA 92111 ROUTING NUMBER: 121137506 ACCOUNT NUMBER: 0042162289 23502-32 (NOTE: PLEASE REMEMBER TO REFERENCE THE TITLE ORDER NUMBER AND TITLE OFFICER). NOTE NO.6: IF THE TITLE COMPANY IS REQUIRED TO PAY THE REAL PROPERTY TAXES FOR ANY TAX PARCELS INCLUDED IN THE TRANSACTION, SUFFICIENT FUNDS WILL BE WITHHELD FROM THE ESCROW TO PAY THE TAXES UNLESS ONE OR MORE OF THE FOLLOWING APPLIES: A: THE TAXES SHOW AS "PAID" ON THE TAX COLLECTORS ROLLS AS REPORTED TO THE TITLE COMPANY. B: THE OWNER/SELLER OF THE PROPERTY CAN PROVIDE ESCROW WITH SUFFICIENT PROOF THAT THE TAXES HAVE BEEN PAID. PROOF OF THE PAYMENT MUST BE BY PHOTOCOPY (FRONT AND BACK) OF THE PAID CHECK TO THE TAX COLLECTOR. IF PAID BY THE LENDER, A WRITTEN STATEMENT BY LENDER THAT THE TAXES HAVE BEEN PAID WILL SUFFICE. NOTE NO.7: THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS: GRANTOR: GRANTEE: RECORDED: ATLANTIC CAPITAL INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP, WHO ACQUIRED TITLE AS ATLANTIC CAPITOL INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP ATLANTIC CAPITAL INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP NOVEMBER 7, 1991 AS FILE/PAGE NO. 1991- 0578391 OF OFFICIAL RECORDS SOUTHLAND TITLE CORPORATION 8 ,. · aRDER NO.: NOTE NO.8: PROPERTY TAXES FOR THE FISCAL YEAR ARE SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1991 -1992 1ST INSTALLMENT: $4,937.24 NOT PAID (.DELINQUENT) PENALTY: $493.72 2ND INSTALLMENT: $4,937.24 NOT PAID (PELINQUENT) PENALTY: $503.72 EXEMPTION: $NONE LAND : $ ., 8 0 , 3 00 . 00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09018 ASSESSOR'S NO.: 211-040-17-00 NOTE NO.9: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH .THIS TITLE ORDER, WILL BE BASED ON THE SHORT .... TERM RATE. SOUTHLAND TITLE CORPORATION 9 --"--.r--:---~--____ -_. i \. I ·'"fhi.l p!at is far V(1ut aid i,~ 'lccntin!l your' 'ant! v;hh rdfel·.i.e .. ~o $t.;'I!iH~ and other p;rce:s .. \i .11.:<: tit, ... p!.lt i~ h ... "..:-.~;d '1) be '==OTli:C.t_ thll Cornr/ui}V 'l~umui nl) 1i!lhdltV fut ,an', less o~~urdt:!I b'( ru~sun f/f f(:Ji"riC-.! t~:.;:tt:CI1." _ ~PALOMAR -~ "';S ~~~ ~~~ ~~~ ~~~ ;~~ ~~~ ~~~ t~~ ~~@ N r "'" ~~ <;:'\. ~Il' '~"-:t- U' 1 ~ ..; ~ '<. ~ :;~ '1J );-0. z:Z=O :; I~I ::! IlIO QZ '7 o PARCEL ~iAP LEGEND: (f) --'POIlTION OFlOWOEfl lANE GllANTED TO THE CITY OF CA;;'LSBAD 81' OeEO fleC. S'?3'1?, FIP 1.101Z0. . ® __ .. eXISTINS IO'SEWeR EASEMF.NT 6IUNTED TO 8UEHA SANITATION DISTRICr, BY DEED RECORDED '·14·~. . FlU NO. 12~S~O. (j)., ..... -EXISTlH6 IO'SeNeR EASEMENT TO CITY OF CARlSBAO PER lXJC.#?13.J21.REC.12/5/;8. (j) ......... I?IlAINAtiE If'5MT YACATED'3/1/U' poe. ·'7.1·O/iO/04. ® SET Z"LU"UNS 121JN PIP't: ANO TA6 '.5.3141 • . FOliNO ~11"IRtlNPIPE ANO TAS L.S !l11I9- A SE( .14'xl4'~RON PIPE ANO TAS l.5. 3149, MAS 0ESt:RI8EO .HeRECW- • FOUNO r I.lON PIPe TAGGED 01'l1510N OF HI6J1I'1AY'5. u.u.u ACCE55 ·IlIGJlTS Ilf!UNOI/15I1eO PeR OeeO Ilf!c' t-"'ii A5 DOC. . N(l. 21424'ANO IlESERVeO 8Y' OEED /lEC. ","'$6 poe NO.""94o.~ . -H" itlllTH ,'NE RANCIIO AGUA IIEDIOtlOA ~ h..1.· N ..... ~ ...., :i~ ~ • $'" COil CAllt5840 TIIACT .. N~ 11·2 J MAP t.P 1.!l1,J /",- "t i (' ~ . AP NO. PARCEL SPLIT' SHEET NO. 234 O~NER I F/NANC/4{. SceNe, INCOIlPOIlATED 2032 CAIlN£T, SAN 01E60. CA. OF ZIP CODE 92109, Tfi'LEPHONf! 272'16&0 34t5·· I SHEETS E~.G I r::t~J;8' S __ C .. ERTJ FtC_AT F;, 1'1115 MAP W.lS P/lEP.lIl€O BY Me all lINOEIl MY SI/P€R- VIS/ON AN/) IS BASEO ON.4 FleLO SVRVEY ·IN C"NFO~M ANCE W:TH THE 5118 01 VISION MAP ACT AT TJlII REaVEST OF .TilE OWNERS (SE£ A8.JVf:) ,;V .lANlI.4RY, /!IN. IIIER€8Y CEPTIFY TRAT All PROVISIONS (IF APPUCABU STATE '41/ 1NtJ LOCAL OROIN.lNC€S JI.lVII 8££N COMP£lEO WItH -Of J.,p -l' , /.!!r:-r ...... -.~:_._. __ ,1l08ERT C' l,dOWIG, L S .1149 Sj),S IS~OE.J3EAflL~tG.S. TilE BASIS (IF 8EARING5 FOR THIS MAP 15 THe NORTIIEA5TeRLY liNE (IF CARlS8A(> TRACT tiO.12·2.1 PeR MAP NO. 13(l3 AN(l PARcel MAP NO 1477, SA,D NORTHERLY UNE 15 Al.SO-Tllc S(lllTitERlY LINe (IF RANCliO ;Jt:I/;J II£DIQNOA P€1l (/,5. aOvERNMENT SURVEY APPROVED ,·/7·ms. SC.C. HIJ. li93IJ, i~. N.8!1'27'11T'N. L.1;"G..Al-_. Q E:..S.C Ii.! P_TJO N PAIlC'£l. 1:'ANO 'f)" OF PARCEL MAP NO. 1477 FILED INTHE OFFICe (lFTJlE COl/ilTY RECOROfi'R oF' SolN OIEG(l COUNTY, APRIL 26. /173, Bf!ING IN THe t'lry (l;:-CARLSBAO, C(lliNTY OF SAN DIEGO, STATE OFCAUFORNiA. CITY ENGINEER'S CERTIFI CATE ._-_._---_. __ .. _.--.-... ~ ... _--------:-:-.---- 1'1115 .~'AP gAS 8f!£fI EXAMINE!) THIS.2.,o.!]!OAy (l/:JlltJ.!!.1>?.Y. 1975. FOil COtl;(}RMANCe W:TH .f'EGI.IIIl£MENTS t!F 5ECTION 11!J7S o'F TNf! 50801 VI 5 ION MAP ACT $..:.-d.. c.,J i'~i-.! .,JIM(lTHY.f..fLAtlA6,pN ~ .~.c: f'.1114Z~ -.J (/ CARLSSAO <'ITY' eNGINUIl RECORDER'S CERTIFICATE __________ ~ •• ~.M _______ • __ ._. _._ ·FlLE NO _?-?:-: .. q!.J!...--?-.t?_._ FIL£O THI's_~!_PAY OF .7A~_. __ ,1"'5 ~r""'l7q._.;9~M IN 800K __ ...::7_._. __ OF P.4IlCeL .MAPS :r .".46E."'<,(0--::_ AT T}/E Rf!(}lIeST OF R08£RI C' LAO WIG . FE[; .I! ~'!"_~ BY HA.llL£Y F BLOOM COliNTY RECORO€R ,.f!L~ OEPI.ITY "AO.JECTNO~~~ ~ 1 ._-' --.... ------. '--.... --------.... -..... ---..-----.. --.... ---,-.... -... -...... ---.. ------... ---... -------", ~~-------------.. .-----.... ..--':O---~ " ..... ':.. ; • RECORDING REQUESTED BY AND ) . WHEN RECORDED MAIL TO: ) --:~ CIIT OF CARLSBAD . 1200 Carlsbad Village Drive . . ......' .' Cc,ulsl:>a~. C~ornia 92008 ) ) ) ) • Space above this line for Recorder's use : 'I: ' > 'J:.~ Parcel No.,_----, _____ ~--------- AGREEMENT BE1WEEN DEVELOPER-OWNER AND THE CITI OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this __ day of ___ -'t 19 __ by and betW~en American Self Storage . (Name of Developer-Owner) a • hereinafter referred to as "Develpper" (Corporation, Partnership, etc.) whose address is 5200 El C~mino Real" Carlsbad, CA 92008 (Street) (City, State, Zip Code) .. and the CITI OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Prop~rty"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follow~: Self Storage __ Fa_c_i_l_i_tY _______________ on said Property, which development carries the proposed name of Fonn Approved By City Council April 22, 1986 Reso. No. 9169 American Self Storage 1 JU l 2 8 -1992 CiTY OF CA.!fU"sSAD PLANNBNG [lifi?lPT. . '; ~', l, • is hereinafter referred as "Development"; and WHEREAS, Developer fi1~d on the, __ day of ____ -', 19--" with the City a request for Conditional Use Permit and Specific Plan Ame.ndment :~":"~~:"""""":""';~""':" _____ --:-_-..,.. __________ rlerlemanlerreferred to as ttRequest"; , , ',: .; ,;. ~ .~ ' .. ' '\;': ','" ,.:';' :': 'WHEREAS, the Public Facilitie~ Element of the City General Plan requires that the City Council find that all public facilities necessary to seIVe·a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is iricorporated by this reference); and . . WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to acconunodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that pubUc facilities and services will be available to meet the future needs of the Developmem as it is presently proposed; but the Developer " is aware that the City cannot· and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW TIIEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an: amount not to exceed 3.5~ of the building pennit valuation of the building or structures to be constructed .in the Development pursuant to the Request. The fee shall be paid prior to the issuance of b~ding or other construction pennits for the development and shall be based on the valuation at that time. Form Approved By City Council April 22, 1986 Reso. No. 9169 2 \ , This fee shall be in additio~ to any fees, dedications or improvements required pursuant to Tides 18, 20 or 21 of the Carlsbad Municipal Code. Developer shalf ijay a fee for converSion of existing . building or structures into condominiwns in an amount not to exceed ~.50/0 of the building permit . ':::'.:. ' .. ,: ,. yaluatio~ at .the time of conversion. The fee for a condominium conversion shall be paid prior to . :: .. , " " ... :~;!;.~;.: .. :./ :> .. = :: ':' ,:" • ' ... ; :' • • : ". . , .:tll,e·:issU{U1ce of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad .. ":' :, .. :.'\,:' ,<':."::.".: ..... ::; ..... .'. .' . '." :', :. .." Municipal Code. CondominiUm shall include community apartment or stock cooperative. The terms " ':' " "other construction permits", "other construction permit" and entidement of use" as -used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading pennits or other permits for the construction of underground or street improvements unless no other permit is necesscuy prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. TIris fee shall be in addition to any fees, dedications or improvements required according to Tides 18, 20, or 21 of the Carlsbad Munidpal Code. 2. 'fhe Developer may offer to donate a site or sites for public facili~es in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer .. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of 'any building or other pennits. Such detennination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Tides 18 or 20 of the Carlsbad Municipal Code. 3. TIris agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the CitY's General Plan. If the fee is not paid as provided herein, the City will not have the funds to ptoviq.e public facilities and services, and the Fonn Approved By City Council April 22, 1986 Reso. No. 9169 3 ,. development will not be consistent with the General Plan and anY approval or pennit for the Development shall be void. No building or other constructionpennit or entitlement for use shall . be issued until the public facilities fee required by this agreement is paid . .. .: .... :.: .... '·4 .... City. agrees ~o deposit the fees paid pursuant to this agreement in a public facilities -';,:. ".:.' .:;:::;~;<:. ":',:'.:' . .':'.' . . ." . "'~~_i"-.-.... -~-~financing of public facilities when the City Council determines the need exists to :, '" \,' " . . ,.> ' .. " ~rovide'ilie fa~ilities and s~cient funds from the payment of this and similar puplic facilities fees :'.. ' " !". -' . . ",'. are available. " . ~ . , . :'" . : ' 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. 6. All obligatioIl$ hereunder shall terminate in the event the Requests made by Developers are not approved. 7 . Any notice from one party. to the other shall be in Writing, and shall be dated. and signed by the party giving such notice or by it duly authorized representative of such party. Any' such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: " 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a s~aled ~nvelope, addressed to the City attention of the City Manager, postage prepaid and cert!fied. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated', postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall Fonn Approved Dy City Council April 22, t 986 Reso, No, 9169 4 apply to the respective successors and assigns of Developer and the City, and references to Developer or City here~ shall be deemed to be reference to and include their respective succe~sors, and assigns without specific mention of such successo~ and assigns. If Developer should cease to .... , ' . .", 1.lave ~y int~rest ~,the Property, all obligations of Developer hereunder shall terminate; provided, " ~ .~ .. -~.:/.~:.::.; ... ,:.:.: ... ':""." . -. . . ~. , ' . 't4at. any successor of Developer's interest in the property shall have first assumed in , .'"\".' ~~'.': ., .. , '.' '. . ;'>Writingtbe Developer's obliga'tions hereunder~ 9. This agreement shall be recorded but shall not create a lien or security' interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council April 22, 1986 Reso. No. 9169 , 5 " ~\ • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-O~ER: By: ___ Te_d __ D_aw_e_s ____________ _ (Tide) By: ____________________ _ (Tide) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney • ... CI1Y OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK , For City Manager (Notarial acknowledgement of execution-by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Reso. No. 9169 6 .' J ."\ I • LEGAl. DESCRlPTION ,-:>-.,:-_: __ . -, Parcel 2 of Parcel Map No. 3.415, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 21, 1975, as File No,-75- 014212 of Official Records . Form Approved By City Council April 22, 1986 Reso. No. 9169 • 7 : i • ~ 'I •.• ·1 AtLANTIC bl?lTAL IN'lESIQRS, ACLe ___ ---+-·_' _ .. _! .:-+-:- 16885 Via Del campo COurt, Suite 205 (6191451-2505 ' San Diego, CA 9212~-1723 fAX (619) 451-6111 .: .! FlaMing Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009·4859 Re: Authorization for Planning Submittal ! I I I I i Conditional Use Permit/Specific Plan Amendment Carlsbad, CA I I Dear Planning Department: [ ! i I Please be advised that Atlant!c Capital Investors, owner of the property at 6185 Paseo Del Norte, carlsbhd. California, hereby consents to the submittal of an Application for Conditional use Permit, Specific Pian Amendment, and related materials as required by the City on the subject property.! 1 I ' . . Towards this end, authorization is hereby granted to Mr. Ted Dawes, American Self Stot-age, to sign! all necessary application materi..'l1s as owner in escrow of the subject property. . ~ \ • EVELOPMENT, INC., General Partner Barbara L Estrin Vice President BLE/emj cc:File ! -! I I I { ! .... ',.,' . 1268 WHEN A&<:OIlDEO M ... ,L. TO i r-I Athmt:1n C~p:t,t(Jl Invw)t.I)'(S 1~981 Via Ta2on, Suite·P Streef p.-daress San Diego, CA 92127 City & . Attn: Mr. John Selby S~'t. "'. jt:·:~:'l~!0;':); .':': •... : •. ,,: ... .-1 ! The undersigned .grantor(s) declare (a) ; Documenta.ry transte(' tax is $ .... 2.#.454 ... 65 (XX) computed ~n full value ot property con\'eyed. or ( ) computed on full value lf~s$ 'Value of liens and eneumbrances rcrnainillg at time or Bale. ) Unincorporated urea: ( ) City 0( ............................................................ : ................................. ~" ( ) Realty not sold. . : FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, : j , GROSSMONT : BANK. a California corporation I I I ! I hereby GRANrS to ATLANTIC CAPI'rOL INVESTORS t a California limited partnership j' , that proPQrty ill ,the City of Carlsbad liS: San Diego' County; Slt:~t~ of CUnAmlia-. dust.:rib~d I .' • [ PARCEL A: P~rcel 2 of Farcel Map No. 3415 t in the City of San Diego, S~ate of California, filed in the Office of the Diego county~ January 21, 1975. i , . i ' Carlsbad, County of Countyl Reco:t'd~f o',f' San f 1 i • PARCEL B: Parcel 3 of Farcel Map No. 3415, in the City of Carlsbad, County .of San Diego, State of California, filed in the Office of th~ county! Recorder of Sart Diego county; January 21,.1~72 as File No. 75 ... 01.421-2 of Official. ~ecords. --.j I ; ! j ., , . , i same as above .;.! : Mltll tax statements to , .............................................................................. ,. ........ ~ ............. '" ............................. . i I . In Wi'I1~~s WhNl'of, saId corporation 1'>05 (;Q'.lsed its corporate name and seal to be! offixed hereto cmd rhl$' :~:st~v:~r.~~~~~1.~~~~:;..~~t;._'~l~:~~~.~~.:~~~~ers. i' S:TATE OF c:-\prI)RNIA~':":\ } ... 'Ol'NT'" OF \.fAt/if.., . () :0;:-;. (. 1 " •• ~ .................... f-:!) •••• "fjn ..... . On ..... ~)l/~~.A_L,.~.f.'r.9.a.7.. ......... be£ort! me. the-underSigned. a Notary Public In and for said Count)' Jod st.att:.~l1I¢nJjtl\y aJPfgr~d; ........................................... . • : •• (J}(.\.J:.L~.:.~~ ................ ~ .. , fJel'slJnilily 11Il1)\\'1l • lQ Illl' I ()/' r iH'UV'l~1 t<. nI<l' 1111' Ill!' lJu::1is of l>'1J li!;fuct<>!'Y CI'jdttl !,..~}e .~h,P T .... t"~~··t.tL;;a."[.."·· President. arid ........ ,.oI...it.· .. 'tf.:.{,~:-... ....... , .. k ..................... khown tq mit IUI'/pi'oVIlc! I("fl~,-(':f".J.h(U~~i:::. tIL Sllllnfnclnly \!vicll!ncl!) to be lh~ ......... M.,\.k~kr&IJ...!: ............... SeereUary 01 thf Corporation that executed the within lll.$trument, known ~ me to ~ !.he rx;rson$ \\ ho executed the within II1st!LIment on ~hill' of the C~rporallOn lhut:'ln named. and ... cknowle~ged to me thaI such' CorporllllOo t)<ecutt'd the ""Ilhm IllStrument pursuant to 11.$ bYI~W$ or a I esolutlOn of its Soard 01 Directors. WrTNESS mr h..i~ Ind \)~mln A tit, siinIlUrtD~···Jg{·~··· .. ·? .. · .. · .. ~~·· .. · .. ·· .......... ..1 .. (4. Q ............. ,. .. =ife veJJ5 .. I. . , ~me (Typtd or Prlnr~d ~----~------4-------------------------~--~.~-~.~~--------~ __________ ~ ______ ~ -_. 1 MAIL T~X STATEMENTS AS DIRECTeD ABove " ',' , ,CITY OF CARLSBAD .,," ",., , ' ",', .' 1200 ~$8AD aAGE:DR1VE . CARL.SBAD, ~A,t2OI8:; 43W621 ACCOUNT:;NO. DESCRIPTION , .{,;" ". ~:. " )': ~I'i :.f~';" {(i:Ji}:;:·/':I.,,;'. >,>" ... ~:\~3,~~,,.. ,,' i:.>i:;~: ;:~'. 't' ; ;'~i ;?f':::