HomeMy WebLinkAboutPIP 89-10B; 2777 Loker Avenue West; Planned Industrial Permit (PIP) (2)^ c ( r Y Of
CARLSBAD
LAND USE REVIEW
APPUCATION
P-1
Development Services
Manning DMsiiMi
1635 Faraday Avenue
(760)602-4610
LAND USE REVIEW
APPUCATION
P-1 www.carisbadca.gov
APPLICATIONS APRJED FOR: (O^CK BOXES)
DmnfwimntP9mlt9 (TOR DEPT. USE owLY) frffftyfatfwpwwift
Q Admlnisfralive Pennit Q General Plan AnMndnwnt
(FOR DEPT. USE ONLY)
CU Coastal Dev^opment Pennit (*) O Minor
• CondttkMiaiUsef^lin
Mnor Extenston
Q EnvlronmerttaJ Impact Assessment
• Habitat Managwnent Pennit DlUKnor
• Hillside Devsit^Mnent Pennit (*)
Q PlaiwiedDevelopnient Pennit
• Resklenttal Q Non-Resktef*al
m nanned IndustHal Pennit
Q Ranning Commission Detetmination
Q Site Deveiopnwnt Plan
• SpecM Use Pennit
O Tmtative Tract Mai}
• Vartmce Q Adminisbattve
Q Local Coaatad Program Amendment (*)
f~) Master Plan O Amendment
Q SpecHlcPlan QAmendment
Q Z(Mie Change (*)
Q Zone Code Amendment
d Review Permit
• Admin • Minor Q^tejor
O l%e^riewPennrdt
• Admm •Minor • NNor
(*) = eligible for 25% dscoimt
nam A PROPOSED vncuecr mouMNO MiiLTsq.£ APPUCAiiom MUST ee suBMtnEo mton TO 3:3O PM. A PROPOSED PROJECT RBXMtaie ONLY ONE
APPUCATKJW MU3T BE SOBMrngP PWOW TO 4:00 PJW. ^„_____
ASSESSOR P/tflCELNO(S).; 2(^-081-30
PROJECT NAME 2777 Lcrfcer Avenue West
BRIEF DESCRIPTION OF PROJECT: /^endfTient to PIP 89-10(A) to eliminate restridiai on use of two (rf ttie
"ckxk high" bays at the back erf the building, (see attached pro^ ctesalt^n)
BRIEF LEGAL DESCRIPTION: Parcel B of Parcel Map 15275, filed June 23,1988 as File No. 88-304007 in the
office of the County R«:x)rcler of San Dfego County
LOCATION OF PROJECT: 2777 Loker Avenue West
ON THE: South
STREET ADDRESS
Loker Avaiue West
m(XiTH. SOUTH. EAST, WEST)
BETWEEN Pakxnar Airport Road
(NANE OF STREET) AND
(NAAiKOFSTFKET)
Loke-Avenue West
(NAME OF STREET)
P-1 Paget of S Revised 05/12
OWNER NAME {Print): VMiiteflag LLC
MAiuNG ADDRESS: 2777 Lokef Avenuc West
CITY. STATE. ZIP: Carldjad, CA 92010
TELEPHONE: 760.804.3322
EMAIL ADDRESS: thomas@bIackboxdistcom
APPUCANT NAME (PrinQ BLT Enterprises of Sacramento,
MAtuNG ADDRESS: 501 SpectTum Qiicie
CITY. STATE. ZIP: Qxnard, CA 93030
TELEPHONE: 805.278.8220
EMWL ADDRESS: rlumlev@btt-aiterprfees.eom
I CERTIFY THAT I AM THE LEGAL OWNER AM3 THAT ALL THE ABOVE
»rORMATION 18 TRl« AND COF«ECT TO THE BEST OF MY
46—
KXRTIFY
AND THAT
THE BEST,
5/10/12
8I6NAT\IRE DATE SiaOAYU^
I Ml THE LEGAL REPRESENTATIVE CriTe SWVNER
THE ABOVE INFORMATION IS TRUE AND CORRECT TO
inr KNOWLEDGE.
DATE
APPUCANTS REPRESENTATIVE (Pi*)0: Mike Howes
MAIUNG ADDRESS: 2888 Loka* AvCTue East
cmr. STATE, ZIP: Carfsbad, CA 92010
TELEPHONE; 760.929.2288 Ext. 403
EMAK.ADc«Ess: mlkdTOwes@hwplanninq.c(MTi
I CERTIFY THAT I AM THE LEGAL fCPRESENTATIVE OF THE
APPUCANT mi THAT ALL TIC ABOVE INFORMATION IS TRUE AhflD
a)RRa}TTOTHEBEST0FMYKN0WLED(^. ,
SK»iATURE DATE
IN THE PROCESS OF REVIBflflNG THIS APPUCATION IT MAY BE NKESSARY FOR MEMBBIS OF OTY STAFF. PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPIK^ATION. UWE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTK% OF RESnUCnON: PROPERTY OWNER ACKNOWLEDGES ANO CONSENTS TO A NOTICE OF RESTRICTION BEMG
ReXlRDED ON THE TITLE TO MS PROPERTY IF CONDITIONED FOR THE AfVLICANT. NOTICE CM= RESTRIC"nONS RIW WITH
THE LAND AND BIKD ANY SUCCESSORS IN INTEREST. \ LAND AND BWD ANY SUCCEi
j^oreRTYoSwi^s ^NATUF£
FOR CITY USE ONLY
RECEIVED
MAY 1 6 m
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPUCATION RECEIVED
RECEIVED BY:
p-1 Page2ofS ftevlsed 05/12
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1213701-2 05/16/2012 98
Wed, May 16, 2012 11:43 AM
Receipt Ref Nbr: R1213701-2/0018
PERMITS - PERMITS
Tran Ref Nbr: 121370102 0018 0022
Trans/Rcpt#: R0089625
SET #: PIP8910B
Amount: 1 @ $1,959.00
Item Subtotal: $1,959.00
Item Total: $1,959,00
1 ITEM(S) TOTAL: $1,959.00
Check (Chk# 4047) $1,959.00
Total Received: $1,959.00
Have a nice day!
*:|!*******;*****CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: BLT ENTERPRISES OF SACRAMENTO
Description Amount
PIP8910B 1,959.00
2777 LOKER AV WEST CBAD
Receipt Number: R0089625 Transaction ID: R0089625
Transaction Date: 05/16/2012
Pay Type Method Description Amount
Payment Check 35617 1,959.00
Transaction Amount: 1,959.00
Project Description
PIP 89-10(B)
site History
This is the second amehdment to PiP 89-10 which was approved by the City on November 6,
1989 (See attachmentl. The original approval had a total of 232 onsite parking stalls.
Subsequent to the original approval PIP 89-10(A) (attached) established the following parking
requirements based on jthe alkKatlon of uses within the building.
Use
Office (1/250)
Manufacturing (1/400)
Warehouse (1/1000)
Total
Area
27,199 SF
33,809 SF
58.672 SF
119,652 SF
Percentage
22.696
28.3%
49%
100%
Required Parking
109 stalls
85 stalls
59 stalls
253 stalls
Condition of 8 PIP 89-l6(A) stated:
The two "dock-^igh" bays located directly north of the proposed parking must contain
permanent wail^ entirely enclosing each of the two bay doors as shown on Exhibit "A".
No utilization of these bays may occur and any full or partial removal of these walls
would violate th^s permit regardless of change in tenants.
A reduced copy of thai site plan is attached. This condition was added to provide adequate
parking for the inaeasej in the mezzanine office space.
Proposed Planned Industrial Plan Amendment
During the past twenjty years this building has been used primarily for warehouse and
distribution purposes. jThe 26' minimum dear height in this building is substantially higher than
most of the other buildings In this area and make it especially well designed for warehouse /
distribution purposes. jThese tali clear heights make it infeasible to use the space for additional
office uses and few ma|iufecturing uses need the 26' clear heights - however this height Is very
advantageous for warehouse / distribution type uses.
The applicant BLT Enterprises of Sacramento, LLC is in the process of purchasing this building
for warehouse and distilbution purposes. Condition No. 8 of PIP 89-10(A) restricting the use of
two of the "dock-high bays restricts the use of this building for warehouse and distribution
purposes. TTiis PIP Amendment proposes to amend the note on the upper left hand comer of
the approved site plan to change the allocation of uses within the building as foiiows:
Use
Office (1/250)
Manufacturing (1/400)
Warehouse (1/1000)
Total
Area
27,100 SF
16,000SF
74.552 SF
119,652 SF
Percentage
22.6%
13.4%
64%
100%
Required Parking
108.4 stalls
40 stalls
76.6 stalls
225 stalls
This change in the use allocation in the building would allow for the elimination of parking
spaces at ttie south side of the parcel which impede aa:ess to the tww "dock high" loading
areas. Exhibit "A" shows the proposed reconfiguration of the parking area and allocation of
uses within the building. Exhibit "B" is a copy of the prew>usly approved site plan for PIP 89-
10(A).
The applicant (BLT Enterprises of Sacramento, LLC) and current owner (Whiteflag, LLC) both
understand that this amendment to change of use alkxration within the building, eliminate
parking stalls and allow for the use of all bading docks at the rear of the building and will
restrict the buildings use allocation as noted above. However, both parties are in agreement
that this is a reasonable tradeoff to gain use of all loading docks.
Summary
PIP 89-10(B) proposes the following:
1. Reallocation of uses within the building to decrease the amount of manu^cturing
permitted and to increase the amount of warehouse/distribution use, there will be no
change in the amount of office space.
2. Elimination of 21 parking spaces to improve truck circulation.
3. Removal of Condition No. 8 of PIP 89-10(A) [and corresponding Deed Restriction,
Instrument No. 1991-0509114] to allow for the use of all loading docks at the rear of the
building.
Submittal
The following items that accompany most applications for Planned Industrial Permits or
amendments to permits are not being provided as a part of this submittal:
Grading information - There will be on changes to the existing site other than the
elimination of some of the stripped parking areas to allow for better truck drculation.
Conceptual Landscape Plans-There will be no modifications to the existing landscaping.
Building Elevations - There will be not changes to the existing building elevations.
Floor Plans - the basic floor plans are shown on the site plan.
Constraints Map - This is a developed site.
Environmental Impact Assessment - The proposed project will have no impact on the
environment.
Traffic Study-the proposed revision will have no impact on traffic
Preliminary Soils & Geologic Report - site has been previously developed and the
proposed revision will have no impact on soils
Preliminary Hydrology Study-the site is developed and the proposed revision will have
no impact on the hydrology of the site.
Storm Water Questionnaire - the site is developed and the change of use allocation
within the building and elimination of stripped parking stalls will have no impacts on the
flow of storm water.
Hazardous Waste Statement - the site Is developed and the change of use allocation
within the building and elimination of stripped parking spaces to improve the circulation
of trucks will have no impact on hazardous wastes
A PROJECT Development Services
€C DESCRIPTION Planning Division
CITY Of P 4/0) 1635 Faraday Avenue
PARI ^RAn r-t\Of (760)602^10
v.*r\l\l—jDrAL/ www.carisbadca.gov
PROJECT NAME: 2777 Lx)ker Avenue West
APPUCANT NAME: Enterprises or 5>\^gAmE>jTt^. LU:-
Please describe fully ttie proposed project by application type. Indude any details necessary to
adequately explain the scope and/or apera^on of the proposed {project You may ateo include
any bad^round infomiation and supporting statements regandir^i tie r^sons for, or
apprc^at»iess of, the applicatton. Use an addendum sheet if necessary.
Description^jqalanatlon:
See Attachment
p-i(B) F^lofl Revised orm
I
y\ DIQI^I OfiURF BLT EnteiTMfees of Sacramento
STATEMENT PianitingDIvlskm
^ CITY Of p 4iA\ 1635 Faraday Avenue PAD I ^RAH ^ ' (760)602-4610 V„/Ar\LJDr\L/ wwvw.carlsbadca^ov
Applicant's statement or disdosure of certain ownership int^e^ on all applications vttiich will
require discretionary action on the part of ttie City Coundl or any appointed Board, Commission
or Committee.
The fdiowir^ infomiation IMKJST be disdosed at the time of appKcatk>n submittal. Your project
cannot be reviewed unU ttiis Informatton is completed. Piease print
Note:
Parson is titeflned as 'Any individuai. firm, co-partr«rship, joint venture, association, social dub, fraternal
organization, ocHponation, estate, trust, leoeiver, syndicate, in tiiis and any other aHinty, dty and county,
dty munidp^, (Mrict or ottier political subdiirfslon or any ottier group or oxi^binattcm acttig as a unit'
Agents may ^n tills document; tiowever, the legal name and entity of Itie applicant and property owner
must be pfovkied bdow.
1. APPUCANT (Not ttie applicanf s a^ent)
Pixn^de ttie COMPLETE. LEGAL names and addresses of ALL persons having a
finandal inters in ttie a|H>licatk>n. If ttie appKcs^it includes a corporatiMi or parttiershio.
indude the names, tities, addresses of ail indMduals owmlr^ ITK^ than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE
INDICATE NON-APPUCABLE (N/A) IN THE SPACE BELOW. If a pubiidv-owned
corporafCon. indude ttte names, titfes, and addresses of the corporate officers. (A
separate page may be attaclied if necessary .)
Person Robot Lumley Coro/Part BLT Enterprises of Sacramento, LLC
Title! Title
Addr^ 501 Spectrum Qrde Address
"Oxnand, CA 93030
2. OWNER {H(A ttie owner's agent)
Provide ttie COIWPLETE. LEGAL names and addre^es of ALL persons having any
ownership iirte^ in ttie property (nvolv«j. Also. provMe ttie nature of the tegal
ownership 0.e., psffttierstiip, tenants in common, non-profit, corporation, eic). If the
owner^ip indude a corporafewi or oartner^ip. indude the names, ttiles, addresses of
all indivMuals owning more ttian 10% of ttie shares. IF NO INOIViOUALS OWN MORE
THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPUCABLE (N/A) IN THE
SPACE BELOW. If a PubHdv-owned coiPoraMon. indude ttie names, ttSes. and
£KidrBsses <^ ti^ corpongrte o^fkers. (A sqparate page may be atteched if necessary.)
Person Thomas Coro/Part Whtteflag, LLC
Trtie Manager
Address 2777 Loker Avenue West, ^dress
"Carisbad, CA 92010
P-H/^ Pago 1 ora Revised 07/10
NON-PROFIT ORGANIZATION OR TRUST
If any person ktentified pursuant to (1) or (2) above is a nonprofit orqaniz^rtion or a tmst.
ti^ ttie r^mes and arklresses of ANY person serving as an offteer or director of ttie non-
profit organization or as trustee or benefidary of the.
Non Profit/Trust Non Profit/Taist
Titte Titte
Address. Address
4. Have you had m<Ke than $500 vrartti of bisiness tt^nsac^ed witti any member of City
staff. Boards. Commte^'ons, Committees and/or Council wittiin the pa^ twelve (12)
monttis?
• Yes • No If yes, piease indicate person(s):
NOTE: Attech SKlditional sheete if necessary.
i certify ttiat ^1 ttie aboi^ informattcxi is true and ccxrect to tti^t^ of my knowledge.
{}aA^iL^4^
Signature oftwner/date
Jamie Thomas
5/10/12
Signatun^orappUcant/date
Robert Lumley
Print or t^ name of owier Print or type name of applkant
Signature of owner/applicanf s agent if applicable/date
Mike Howes
Print or type name Of owner/appHcanf s agent
Page2(rf2 Revised 07/10
O 'O
Chicago Title Company
Commercial/Industrial Division,
700 Soutli Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: Dave Balassi
Email: Dave.Balassi(a),CTT.CQm
Phone: (213)488-4394
Fax: (213)488-4360
Order No.: 126743353-X49
PRELIMINARY REPORT
Property Address: 2777 Loker Avenue West, Carlsbad, CA-^ S"^^"^^' ^ ^ (t,^
Dated as of: February 29, 2012 at 7:30 am ^iff-C^/^^^
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 1
Order No.; I26743353-X49
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee as to Parcel(s) 1;
An Easement more fully described below as to Parcel(s) 2 and 3
2. Title to said estate or interest at the date hereof is vested in:
Whiteflag, LLC, a Califomia limited liability company
3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form - Modified (11-17-06)
Page 2
^ ^ Order No.: 126743353-X49
LEGAL DESCRIPTION
PARCEL 1:
PARCEL B OF PARCEL MAP NO. 15275. IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JUNE 23, 1988 AS FILE NO. 88-304007. OF OFFICL\L RECORDS AND
LOT 17 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNL\, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982.
EXCEPTING THEREFROM ALL MINERAL RIGHTS MORE THAN 500 FEET BELOW THE
SURFACE OF THIS PROPERTY, WAFVING THE RIGHT OF SURFACE ENTRY.
PARCEL 2:
AN EASEMENT FOR ROADWAY FOR VEHICULAR AND PEDESTRIAN INGRESS, EGRESS
AND ACCESS, BEING A PORTION OF LOT 16 OF MAP NO. 10372. IN THE CITY OF
CARLSBAD, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 16 SAID POINT BEING
ON THE ARC OF A 436.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY OF LOKER
AVENUE WEST AS SHOWN ON SAID MAP, A RADIAL LINE TO SAID POINT BEARS SOUTH
58°42'40" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 20°09'34", A DISTANCE OF 153.41 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID ARC THROUGH A
CENTRAL ANGLE OF 2°59'25", A DISTANCE OF 22.76 FEET; THENCE LEAVING SAID CURVE
SOUTH 45°36'15" WEST, 50.70 FEET; THENCE NORTH 50°43'36" WEST, 22.64 FEET; THENCE
NORTH 45°36'15" EAST, 49.81 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
AN EASEMENT FOR ACCESS, INGRESS AND EGRESS AND INCIDENTAL PURPOSES, OVER
AND ACROSS THAT PORTION OF LOT 18 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 10372. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 13, 1982, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 18; THENCE ALONG THE
SOUTHEASTERLY LINE THEREOF; THENCE SOUTH 60°17'17" WEST, 85.00 FEET; THENCE
NORTH 29°42'43" WEST, 17.50 FEET TO A LINE PARALLEL WITH AND 17.50 FEET
NORTHWESTERLY OF SAID SOUTHEASTERLY LINE; THENCE ALONG SAID PARALLEL
LINE, NORTH 60° 17'17" EAST, 85.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 18,
SAID LINE BEING ALSO THE SOUTHWESTERLY LINE OF LOKER AVENUE; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID LOT 18, SOUTH 29°42'43" EAST, 17.50 FEET TO THE
POINT OF BEGINNING.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form - Modified (11-17-06)
Page 3
^ Order No.: 126743353-X49
SCHEDULE B
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2012 - 2013 that
are a lien not yet due.
2. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 - 2012
r'Installment: $59,495.63
Penalty: $5,949.56 (Due after December 10)
2"" Installment: $59,495.63
Penalty and Cost: $5,959,56 (Due after April 10)
Homeowners Exemption: $None
Code Area: 09013
Assessors Parcel Number: 209-081-30-00
3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of Califomia as a result of the
transfer of title to the vestee named in Schedule A; or as a resuh of changes in ownership or new
construction occurring prior to date of policy.
4. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: San Diego Gas and Electric Company
Purpose: public utilities, ingress, egress
Recorded: January 18. 1937 in Book 613. page 126 of Official Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
5. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Palomar Airport Road, where required for the construction and maintenance of
said road, as contained in the deed recorded October 2. 1940 in Book 1068. page 496 and October
2. 1940 in Book 1069. page 456. both of Official Records.
6. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract/Map 10372
Affects: Said land adjoining Palomar Airport Road
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
CLTA Preliminary Report Form - Modified (11-17-06)
W W Order No.: 126743353-X49
SCHEDULE B
(continued)
7. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: October 11. 1985 as Instrument No. 85-0378668 of Official Records
Note: Section 12956.1 of the govemment code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Govemment Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, Califomia Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, goveming document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or Deed of Tmst made in good faith and for value.
8. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: San Diego Gas and Electric Company
Purpose: public utilities, ingress, egress
Recorded: June 11. 1986 as Instrument No. 86-0233717 of Official Records
Affects: The exact location and extent of said easement is not disclosed of
record
9. The fact that the ownership of said land does not include rights of access to or fl'om the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract/Parcel Map 15275
Affects: Said land adjoining Loker Avenue West except at access opening
No. 1
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
^ ^ Order No.: 126743353-X49
SCHEDULE B
(continued)
10. A covenant and agreement upon and subject to the terms and conditions therein
Executed By: Kaiser Development Company, a Califomia corporation
In Favor Of: The City of Carlsbad
Recorded: June 24. 1988 as Instrument No. 88-304008 of Official Records
Reference is hereby made to said document for full particulars.
Among other things, said document provides:
Reciprocal Access
11. A covenant and agreement upon and subject to the terms and conditions therein
Executed By: Kaiser Development Company, a Califomia corporation
In Favor Of City of Carlsbad
Recorded: June 24. 1988 as Instrument No. 88-304009 of Official Records
Reference is hereby made to said document for full particulars.
Among other things, said document provides:
Drainage easement
12. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Agreement for creation of mutual and reciprocal easements for the
purpose of roadway and vehicular and pedestrian ingress, egress and
access
Recorded: June 30. 1988 as Instrument No. 88-319000 of Official Records
Reference is hereby made to said document for full particulars.
13. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Agreement for Drainage
Recorded: June 30. 1988 as Instrument No. 88-319001 of Official Records
Reference is hereby made to said document for full particulars.
14. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Agreement for access, ingress and egress
Recorded: November 2. 1989 as Instrument No. 89-599311 of Official Records
Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form - Modified (11-17-06) Page 6
o Order No.: 126743353-X49
SCHEDULE B
(continued)
15. A Conditional Certificate of Compliance affecting the herein described property was recorded
December 13. 1989 as Instmment No. 89-674686 of Official Records.
16. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement - Drainage
Recorded: December 27. 1989 as Instrument No. 89-700943 of Official Records
Reference is hereby made to said document for full particulars.
17. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Carlsbad Municipal Water District, a public agency
Purpose: facilities designed for the general purpose of collecting, storing,
transporting, pumping and treating all water, including surface water,
stream water, flood water and ground water flowing into said
facilities
Recorded: September 5. 1990 as Instrument No. 90-483689 of Official Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
18. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: San Diego Gas and Electric Company
Purpose: public utilities, ingress, egress
Recorded: August 20. 1990 as Instmment No. 90-455820 of Official Records
Affects: The exact location and extent of said easement is not disclosed of
record
19. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: The Pacific Telephone and Telegraph Company
Purpose: public utilities, ingress, egress
Recorded: August 20, 1990 as Instrument No. 90-455821 of Official Records
Affects: The exact location and extent of said easement is not disclosed of
record
20. Easements for ingress and egress, pipelines, drainage and/or public utilities and incidental purposes
thereto over, under, along and across the easement parcel(s) herein described, as granted and/or
reserved in various deeds of record
Affects: Easement Parcels 2 and 3
CLTA Preliminary Report Form - Modified (11-17-06)
Order No.: 126743353-X49
SCHEDULE B
(continued)
21. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: October 2. 1991 as Instrument No. 91-0509114 of Official Records
Note: Section 12956.1 of the govemment code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Govemment Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, Califomia Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, goveming document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
22. A Deed of Trust to secure an indebtedness in the original amount shown below.
Amount: $10,113,100.00
Dated: September 19, 2005
Tmstor: Whiteflag, LLC, a Califomia limited liability company
Tmstee: Torrey Pines Bank
Beneficiary: Torrey Pines Bank
Loan Number: 0906107025
Recorded: October 4. 2005 as Instrument No. 2005-0856977 of Official
Records
23. An Assignment of all the monies due, or to become due as rent, as additional security for the
obligations secured by Deed of Tmst.
Recorded: October 4. 2005 as Instrument No. 2005-0856977 of Official
Records
Assigned to: Torrey Pines Bank
By Assignment
Recorded: October 4. 2005 as Instrument No. 2005-0856978 of Official
Records
CLTA Preliminary Report Form - Modified (11-17-06)
Page 8
Order No.: 126743353-X49
SCHEDULE B
(continued)
24. A Financing Statement filed with the Office of the County Recorder, showing
Debtor: Whiteflag, LLC
Secured Party: Torrey Pines Bank
Recorded: October 4. 2005 as Instrument No. 2005-0856979 of Official
Records
A change to the above Financing Statement was filed
Nature of Change: Continuation
Recorded: June 1. 2010 as Instrument No. 2010-0284625 of Official Records
25. A Deed of Trust to secure an indebtedness in the original amount shown below.
Amount: $2,000,000.00
Dated: December 5, 2005
Tmstor: Whiteflag, LLC, a Califomia limited liability company
Tmstee: Stewart Title of Califomia
Beneficiary: CDC Small Business Finance
Loan Number: Not shown
Recorded: December 7. 2005 as Instrument No. 2005-1054745 of Official
Records
An assignment of the beneficial interest under said Deed of Tmst which names:
As Assignee: United States Small Business Administration
Recorded: December 7. 2005 as Instrument No. 2005-1054746 of Official
Records
26. An Unrecorded Lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor: Whiteflag, LLC
Lessee: Black Box, Inc.
Disclosed by: Subordination Agreement
Recorded: December 7. 2005 as Instrument No. 2005-1054748 of Official
Records
The present ownership of the Leasehold created by said Lease and other matters affecting the
interest of the Lessee are not shown herein.
Said Lease was subordinated to the Deed of Trust recorded December 7, 2005 as Instrument No.
2005-1054745 of Official Records, by an agreement incorporated in said Subordination Agreement.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 9
^ ^ Order No.: 126743353-X49
SCHEDULE B
(continued)
27. The effect of an instmment entitled "Landlord's Agreement" wherein it is agreed that certain
equipment to be attached to said land shall remain personal property at all times, upon the terms,
covenants, conditions and provisions, as set forth therein
Recorded: June 18, 2010 as Instrument No. 2010-0307980 of Official Records
Such right, tile or interest that Black Box Distribution LLC, a Califomia limited liability company
may have in said land, as lessee, month to month tenant, or otherwise, as disclosed by the above
mentioned instrument.
Reference is hereby made to said document for full particulars.
28. Water rights, claims or title to water, whether or not disclosed by the public records.
29. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
30. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a fijIl copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form - Modified (11-17-06)
Page 10
Order No.: 126743353-X49
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, Califomia Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of Califomia.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: Califomia Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of Califomia Real Estate, withhold 3-1/3% of the total sales price
as Califomia State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Wire Transfers
In the event your transaction is being escrowed by a Chicago Title office, contact should be made
with the office to obtain correct wiring instructions. Failure to do so could result in a delay in the
receipt offunds and subsequent closing of your transaction.
Chicago Title will disburse by wire-out only collected funds or funds received by confirmed
wire-in.
The Company's wire-in instructions are:
Banlc Bank of America
275 Valencia Blvd,-2nd Floor
Brea, CA 92823
Bank ABA No.: 0260-0959-3
Account Name: Chicago Title Company, Broadway Plaza Office
Account No.: 12351-50737
For Credit To: Chicago Title Company
700 South Flower, Suite 800
Los Angeles, CA 90017
Order No.: 126743353-X49
CLTA Preliminary Report Form - Modified (11-17-06)
Page 11
Order No.: 126743353-X49
INFORMATIONAL NOTES
(continued)
LENDER NOTE: On tlie DATE you fund the Loan and WIRE Funds to Chicago Title and
reference the above Order Number, you must send written NOTICE to
the Title Officer's Unit by messenger or E-Mail that you sent the Funds.
Chicago Title will send an E-Mail acknowledging receipt of the funds as
soon as practicable.
Chicago Title will NOT be responsible for any delay in Closing and
Recording the transaction, nor will Chicago Title be liable for any claim
of lost Interest unless such written Notice is sent the day of Funding and
Chicago Title has acknowledged receipt of funds.
Note No. 5: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 6: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 7: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 8: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 12
W W Order No.: 126743353-X49
INFORMATIONAL NOTES
(continued)
Note No. 9: This Company will require for review the following documents from the following
Limited Liability Company: Whiteflag, LLC, a Califomia limited liability company
A. A copy of its Operating Agreement and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager.
B. Confirmation that its Articles of Organization (LLC-1), and Certificate of Amendment
(LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction
(LLC-11) have been filed with the Secretary of State.
C. If the Limited Liability Company is member-managed a full and complete list of members
certified by the appropriate manager.
D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory
to the Company, that it was validly formed, is in good standing-and authorized to do business
in the state of origin.
E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory
to the Company, that it has complied with Califomia "doing business" laws, if applicable.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 13
W W Order No.: 126743353-X49
INFORMATIONAL NOTES
(continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
For those of vou receiving this report bv electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of vou
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 14
Order No.: 126743353-X49
INFORMATIONAL NOTES
(continued)
NOTICE
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one
qualilying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must - prior to the close of the current transaction - inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount which is subject to other terms and conditions.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 15
J^'^ ^ CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: MAY 16. 2012
PROJECT NO(S): PIP 89-10(B) REVIEW NO: 1
PROJECT TITLE: 2777 LOKER AVENUE WEST
APPLICANT: HOWES WEILER & ASSOCIATES/MIKE HOWES
TO: Land Development Engineering - Terie Rowley
ll Police Department-J. Sasway
I I Fire Department - Greg Ryan
I I Building Department-Will Foss
I I Recreation - Mark Steyaert
I I Public Works Department (Streets) - Nick Roque
I I Water/Sewer District
I I Landscape Plancheck Consultant - PELA
I I School District
I I North County Transit District - Planning Department
I I Sempra Energy - Land Management
I I Caltrans (Send anything adjacent to 1-5)
I I Parks/Trails - Liz Ketabian
•ALWAYS SEND EXHIBITS
FROM: PLANNING DEPARTMENT
Please review and submit written comments and/or concytjon^o^e^^^^^^^^^KlNGDES^
in the Planning Department at 1635 Faraday Avenue, b'^/bTxzr H^ifflav^TOTBff^^^'^
please so state. If vou determine that ttiere are items that need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS:tl^ fe>vjirvg.£^rv\r^ WO r.cmm€^<nU • ouffcxxlxj^
Signature Date
PLANS ATTACHED
Review & Comment 03/10 ^f\^
^ o o
CITY OF
^CARLSBAD
Memorandum
May 22, 2012
To: Van Lynch, Senior Planner
From: Tecia Levy, Associate Engineer
Re: PIP 89-10(B) - 2777 LOKER AVENUE WEST
Engineering Department staff has completed the review of the above referenced project has
determined that the application submitted for the project is complete. Staff Engineering has no
additional comment. Please add the following conditions to the approving resolution/letter:
Conditions:
• Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention
and educational practices, maintenance procedures, and other management practices
or devices to prevent or reduce the discharge of pollutants to stormwater, receiving
water or stormwater conveyance system to the maximum extent practicable. Developer
shall notify prospective owners and tenants of the above requirements.
cc: file
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax | www.carlsbadca.gov
a FILE
VICARLSBAD
Planning Division www.carlsbadca.gov
May 30, 2012
Mike Howes
Howes Weiler and Associates
2888 Loker Avenue East
Carlsbad, CA 92010
SUBJECT: NOTICE AND WAIVER - PIP 89-10(B) - 2777 LOKER AVENUE WEST
Dear Applicant:
Please find the enclosed NOTICE AND WAIVER that needs to be signed, notarized, and
returned for recordation. This is to fulfill a condition of approval of the PIP 89-10(B). Please
ensure the following items are addressed prior to returning the Notice of Restriction:
y Correct Notary Acknowledgement Required (Effective January 1. 2008. all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the
State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the
acknowledgement. (Assembly Bill 886, Chapter 399))
^ Document must be properly notarized.
Name on signature page and name on Notarial Acknowledgement must match.
^ Property owner's signatures/initials must be the same as on Notary Acknowledgement.
Notary Seal cannot be blurry/too light (County will not record the document if any
portion of the Notary Seal is blurry or too light).
^ Include property owner's name in the designated space above the owner's signature.
>^ Please pay particular attention to the signature requirements at the bottom of the signature
page.
It is our goal to assist you in getting the NOTICE AND WAIVER recorded as expeditiously as
possible. If you have any questions or need additional assistance, please contact Michele
Masterson, Senior Management Analyst at (760) 602-4615 or via email at
michele.masterson@carlsbadca.gov.
Sincerely,
TAN LtNCH
Senior Planner
CED Senior Management Analyst
File Copy
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
CARLSBAD a FILE
Planning Division www.carlsbadca.gov
May 23,2012
Mike Howes
Howes Weiler and Associates
2888 Loker Avenue East
Carlsbad CA 92010
SUBJECT: NOTICE OF RESTRICTION - PIP 89-10(8) - 2777 LOKER AVENUE WEST
Dear Applicant:
Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for
recordation. This is to fulfill a condition of approval of the PIP 89-10(8). Please ensure the following
items are addressed prior to returning the Notice of Restriction:
^ Correct Notary Acknowledgement Required (Effective January 1, 2008. all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399))
•/ Document must be properly notarized.
Name on signature page and name on Notarial Acknowledgement must match.
•/ Property owner's signatures/initials must be the same as on Notary Acknowledgement.
Notary seal cannot be blurry/too light (County will not record the document if any portion of the
Notary Seal is blurry or too light)
-/ Include property owner's name in the designated space above the owner's signature.
Please pay particular attention to the signature requirements at the bottom of the signature page.
It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If
you have any questions or need additional assistance, please contact Michele Masterson, Senior
Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov.
Sincerely,
VAN LYNCH
Senior Planner
c: CED Senior Management Analyst
File Copy
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
ViCARLSBAD
Planning Division www.carlsbadca.gov
May 23, 2012
Robert Lumley
BLT Enterprises of Sacramento LLC
501 Spectrum Circle
Oxnard, CA 93030
SUBJECT: PIP 89-10(B) - 2777 LOKER AVENUE WEST
The City has completed a review of the application for a Planned Industrial Permit Amendment to allow
for a modification to the existing project conditions on property located at 2777 Loker Avenue West,
generally located north of Palomar Airport Road and west of El Fuerte Street. The amendment will
remove the condition number 8 contained in the PIP 89-10(A) letter dated July 15,1991 that precludes
the use of the existing "dock-high" loading bays.
It is the City Planner's determination that the project IS consistent with the City's Planned Industrial
Zone regulations (Chapter 21.34) and with all other applicable City ordinances and policies. The City
Planner, therefore, APPROVES this request based on the following:
Findings:
1. The adopted findings for PIP 89-10 and PIP 89-10(A), which are contained in the Planning
Director's approval letters, dated November 6, 1989 and July 15, 1991 respectively, apply to
this amendment and are incorporated by this reference.
2. That the City Planner has reviewed each of the exactions imposed on the Developer contained
in this 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 of the exaction is
in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building
permit or grading permit, whichever shall occur first.
1. All of the conditions within this letter shall supersede all of the conditions within the Planning
Director's Determination Letters dated November 6,1989 and July 15,1991 for the approval
of PIP 89-10 and PIP 89-10(A) respectively.
2. Development shall occur substantially as shown on the approved exhibits PIP 89-10 -Exhibits
"A" - "E," dated August 2,1989, excepting the site plan exhibit which is replaced by Exhibit A,
PIP 89-10(B) dated May 23, 2012 on file in the Planning Division.
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
PIP 89-10(8) -2V7 LOKER AVETJUE WEST
May 23, 2012 J
Page 2
3. Unless otherwise stated herein, this project shall comply with all applicable City Ordinances and
requirements and the Carlsbad Airport Business Center Specific Plan (SP 200) and its
amendments.
4. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses).
5. 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; record a notice of violation on the property title; 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 Planned Industrial Permit Amendment.
6. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Industrial Permit Amendment, PIP 89-10(B) 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.
7. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
8. 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 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.
9. 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 Planned Industrial Permit Amendment, PIP 89-
10(B), (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. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
10. Developer shall submit to the Planning Division a 24" x 36," copy of the Site Plan reflecting the
conditions approved by the final decision making body.
PIP 89-10(8) - 2777 LOKER AVENUE WEST
May 23, 2012
Page 3
11. Prior to the issuance of a building permit, the Developer shall provide proof to the City Planner
from the Carlsbad Unified School District that this project has satisfied its obligation to provide
school facilities.
12. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits, including, but not limited to the following:
a. 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 5.
13. 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 for the building permit, and that water and sewer capacity and facilities will continue
to be available until the time of occupancy.
14. 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. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Planned Industrial Permit Amendment by said City
Planner's Approval Letter, dated May 23, 2012, 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.
16. 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.
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property.
19. Parking shall be provided consistent with the parking requirements of Chapter 21.44 of the
Carlsbad Municipal Code.
PIP 89-10(8) - 2777 LOKER AVWUE WEST
May 23, 2012
Page 4
20. If not previously recorded, prior to the issuance of grading or building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject
to noise impacts from the Palomar Airport Road Transportation Corridor, in a form meeting the
approval of the City Planner and City Attorney (see Noise Form #1 on file in the Planning
Division).
21. If not previously recorded, prior to the issuance of building or grading permits, 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).
22. If not previously recorded, prior to issuance of building permits, the Developer shall record an
Avigation Easement for the property to the County of San Diego and file a copy of the recorded
document with the City Planner.
23. 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
as provided in Building Division Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
24. A combination of trees and shrubs shall be maintained on the southerly slope of the property
along Palomar Airport Road to the satisfaction of the City Planner in order to screen the
loading portion of the building and roof from view on Palomar Airport Road.
25. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances
and requirements.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a grading permit or a building
permit, whichever comes first.
26. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution treatment practices or devices, erosion control to prevent silt runoff
during construction, general housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices or devices to prevent or
reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance
system to the maximum extent practicable. Developer shall notify prospective owners and
tenants of the above requirements.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
27. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the 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.
O 0
PIP 89-10(8) - 2777 LOKER AVENUE WEST
May 23, 2012
Page 5
28. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
29. 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.
30. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
32. 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.
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.
If you have any questions, please call Van Lynch at (760) 602-4613.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:VL:bcl
Jamie Thomas, Whiteflag, LLC, 2777 Loker Avenue West, Suite A, Carlsbad, CA 92009
Chris DeCerbo, Principal Planner
Van Lynch, Senior Planner
Associate Engineer
Data Entry/DMS
File Copy