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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