HomeMy WebLinkAboutRP 2018-0013; FRESCO RESTAURANT; Redevelopment Permits (RP)' ,
c·cityof
Carlsbad
L LAND USE REVIE'K
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY) Legislative Permits
llJ Coastal Development Permit
D Conditional Use Permit
□ Minor coP-z.o,ft -oo Su D General Plan Amendment
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan D Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
~ Review Permit
D Administrative Ii] Minor D Major
(FOR DEPT. USE ONL 'r
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'". PLEASE CONTACT THE APPOINTMENT SPECIAL!!
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
*SAME DAY APPOINTMENTS ARE NOT AVAILABI
203-232-16-00
264 Carlsbad Village Dr., Carlsbad CA
(STREET ADDRESS)
264 Fresco 2nd Floor Deck Addition
Remove {E) Roof, add new open deck area (approx. 1620 s.f.
and new enclosed area (approx 467 s.f.) Lift+ Exit Stairs
$140,000 ESTIMATED COMPLETION DATE March 2019
Development No. f)p\lt-o\1-001.-0 Lead Case No.
OWNER NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
Elmerinda Dinitto
Dinitto Properties,Inc.
264 Carlsbad Village Dr.
Carlsbad CA 92008
(760) 631-1944
hello@264fresco.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PU RPO ~· F THl$tPPLIC,~ TION.
l2j 121 ll DAE I
APPLICANT N E
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
(PLEASE PRINT)
Elmerinda Dinitto
Tiberius Antro Rest. ,In
264 Carlsbad Village Dr.
Carlsbad CA 92008
(760) 631-1944
hello@264fresco.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNE
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT T
THE BEST OF MY KNOWLEDGE.
SIGNATURE
12/tl I l'i
DATEr '
APPLICANT'S REPRESENTATIVE (Print): George E. Gilli
MAILINGADDRESS: 2404 Broadway Ave 3rd Floor
CITY, STATE, ZIP: San Diego, CA 92102
TELEPHONE: (619)306-2289
EMAIL ADDRESS: geogilli@yahoo.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND C RRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE
12/5/2018
DATE
IN THE PROCESS OF RE IEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNIN,
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THI
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEIN
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WIT
THE LAND AND BiN~ ANY sue ESSO s IN INTEREST.
/.-, I I './ ) i,i/\.. ✓t! '
P OPERTY OWN R SIGNATURE
FOR CITY USE ONLY
R ·-~
DEC 18 2018
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
(
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above information is tru
and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subje<
project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City c
Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from c
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/c
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liabilit
was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which ha
a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) c
better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I als
agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice sha
be delivered to:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business i
operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for th
subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain i
effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains i
compliance with the .rj~ct app(~ve~ Jermit.
Signature ! ~ VJ0 c:::>
\~/ i i'°'x (1 r-7 Date: . --\ l. fJ -I / i ----,-----____.._....,y __ _
Certification Statement:
I Certify that I am the Legal Property Owner for the subject business location and that all of the above informatio
is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subjec
property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for a
long as outdoor displays are permitted within the Village Review Area and the permittee remains in complianc
with the subject app"ve~ permit. ( ~ < •
Signature '~-~
{'city of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person Jsdefined.as·"My individual, firm, co-partnership, Jointventure; association, social club, fraternal
organization, corporation, estate, trust, • receiver,. syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Elmerinda Dinitto Corp/Part Tiberius Antro Restaurant. ,Inc.
Title____________ Title _____________ _
Address 264 Carlsbad Village Dr. Address 264 Carlsbad Village Dr.
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Elmerinda Dinitto
Title ___________ _
Address 264 Carlsbad Village Dr.
Carlsbad CA 92008
corp/Part Dinitto Properties.Inc.
Title _____________ _
Address 264 Carlsbad Village Dr.
Carlsbad CA 92008
Page 1 of 2 Revised 07/10
,,..._,
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust________ Non Profit/Trust _________ _
Title Title --------------------------
Address Address ------------------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes 0No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
&~
Signature of owner/date Signature of applica U
Elmerinda Dinitto Elmerinda Dinitto
Print or type name of applicant
George E. Gilli
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
., C City of
Carlsbad
DISCLOSURE STATEMENT
P-1{A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests ·ott all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Elmerinda Dinitto Corp/Part Tiberius Antro Restaurant. ,Inc.
Title Title --------------------------
Address 264 Carlsbad Village Dr. Address 264 Carlsbad Village Dr.
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Elmerinda Dinitto Corp/Part Dinitto Properties.Inc.
Title ___________ _
Address 264 Carlsbad Village Dr.
Carlsbad CA 92008
Title ---------------
Address 264 Carlsbad Village Dr.
Carlsbad CA 92008
Page 1 of 2 Revised 07/10
..
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ~ person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust '---------Non Profit/Trust -----------
Tit I e Title --------------------------
Address ----------Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12)
months?
D Yes D No If yes, please indicate person(s):, __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
lL--Q iltb ~ ~ -
Signature of owner/date Signature of applicant/date
Elmerinda Dinitto Elmerinda Dinitto
Print or type name of owner Print or type name of applicant
Signature of owner/ pplicant's agent if applicable/date
George E. Gilli
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
C cicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
PROJECT NAME: 264 Fresco 2nd Floor Deck Addition
APPLICANT NAME: Elmerinda Dinitto
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
Remove existing roof tile and modify roof structure to create a new roo:
deck for and outdoor cafe (1,620 s.f.) and new enclosed support rooms
(467 s.f.), including: required bathrooms, small food prep and scullery
storage. New ADA lift and exit stairs.
P-1(8) Page 1 of 1
-V D
DEC 18 2018
c1 -;-y or= er r:.:>t ")"D
· _,'\.~~:!.JC:::.11'. Iv
Revised 07/10
C cicyof
Carlsbad
V
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
DEC 1 8 2018
Planning Division
35 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
II] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application fil! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Elmerinda Dinitto
Address: 264 Carlsbad Village Dr.
Carlsbad CA 92008
Phone Number: (760) 631-1944
PROPERTY OWNER
Name: Dinitto Properties,lnc.
Address: 264 Carlsbad Village Dr.
Carlsbad CA 92008
Phone Number: (760) 631-1944
Address of Site: 264 Carlsbad Village Dr. Carlsbad CA 92008
Local Agency (City and County): Carlsbad, San Diego County
Assessor's book, page, and parcel number:_2_0_3_-_2_3_2_-_1_6_-_0_0 ____________ _
Specify list(s): ___________________________ _
Regulatory Identification Number: _____________________ _
Date of List: ____________________________ _
Applicant Signature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
,.
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): ________________________ _
General Information
1. Name of project: 264 Fresco 2nd Floor Deck Addition
2. Name of developer or project sponsor: _________________ _
Address: 264 Carlsbad Village Dr.,
City, State, Zip Code: Carlsbad CA 92008
Phone Number: (760) 631-1944
3. Name of person to be contacted concerning this project: Elmerinda Dinitto
Address: 264 Carlsbad Village Dr.,
City, State, Zip Code: Carlsbad CA 92008
Phone Number: (760) 631-1944
4. Address of Project: 264 Carlsbad Village Dr., Carlsbad CA 92008
Assessor's Parcel Number: 203-232-16-00 ---------------------
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: _______________ _
7. Existing zoning district: _V_R_-_D_is_t_ri_c_t _9 _______________ _
8. Existing land use(s): Commercial -Restaurant
9. Proposed use of site (Project for which this form is filed): Commercial -Restaurant
Project Description
10. Site size: 20,000 S.f. (.46 acres)
11.
12:
13.
Proposed Building square footage: _5_,_0_6_7_s_.f_. _____________ _
Number of floors of construction: _2 __________________ _
Amount of off-street parking provided: _3_5 ________________ _
14. Associated projects: ______________________ _
P-1(0) Page 2 of 4 Revised 07/10
,.
15. If residential, include the number of units and schedule of unit sizes:
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
neighborhood, regionally oriented
5,067 s.f. restaurant
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ____________________ _
P-1(0) Page 3 of 4 Revised 07/10
r
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D 0
27. Site on filled land or on slope of 10 percent or more. D 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0
31. Relationship to a larger project or series of projects. D 0
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowle~;;jnd belief.
Date 02 / 2 6 { I 0/ · Signature ~ rif:lo
For: Z6Cf ~CB--.
P-1(0) Page 4 of 4 Revised 07/10
Esteban Danna
'-from:
Sent:
To:
Cc:
Subject:
Hello Esteban,
264 FRESCO <hello@264fresco.com>
Tuesday, March 12, 2019 23:19
Esteban Danna
JG
Re: Form P-1 (D) -Questions 32-33
Let me know if this is enough. I will send you the pictures.
Thanks
32. Describe the project site as it exists before the project, including information on topography, soil stability,
plants and animals, and any cu ltural, historical or scenic aspects. Describe any existing structures on the site,
and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted.
The actual site where the project will take space is and existing restaurant in 264 Carlsbad village dr. We have
on the south and west side of the project Carlsbad village Dr and Garfield street, on the north side a public
parking and a residential house, on the south side on the another residential home. We will not cause any
changes to our surroundings. The project consist in a 2nd floor deck addition on an existing building.
33. Describe the surrounding properties, including information on plants and animals and any cultural,
historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use
(one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage,
set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted
The surrounding properties are Carlsbad village Dr, Garfield street, a public parking, and two residential
homes. We will not cause any changes to our surroundings (plants, animals and any cultural, historical or
scenic aspects). The project consist in a 2nd floor deck addition on an existing building. The existing building is
already a restaurant.
From: Esteban Danna <Esteban.Danna@carlsbadca.gov>
Sent: Tu esday, March 12, 2019 9:51 :52 AM
To: 264 FRESCO
Cc:J G
Subject: Form P-1 (D) -Questions 32-33
Hi Linda,
Please email me your responses to questions 32 and 33 on Form P-1 (D) when you have a chance.
Thank you,
Est eban
C cityof
Carlsbad
Esteban Danna
Associate Planner
Community & Economic Development
Planning Division
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
www.carlsbadca.gov
760-602-4629 I 760-720-8560 fax I Esteban.Danna@carlsbadca.gov
FOR SUBMITTAL OR RESUBMITALS TO BUILDING, PLANNING OR ENGINEERING,
PLEASE CALL TO SET UP AN APPOINTMENT
Phone: 760-602-2723
Email: devappt@carlsbadca.gov
2
ft
' . I•
( City of
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenu e
(760) 602-2750
www.carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: 264 Fresco 2nd Floor Deck Addition PROJECT ID:
ADDRESS: 264 Carlsbad Village Dr ., Carlsbad CA APN: 203-232 -16-00
The project is (check one): D New Development ~ Redevelopment
The total proposed disturbed area is: 235 ft2 ( 0 . 0 0 5 ) acres
The total proposed newly G~eateg andto{eplacedl mpervious area is: 235 ft2 { 0 . 0 0 5 ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project: NONE
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ IBI or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ IBI b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets quidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ IBI accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ IBI
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ IRl more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption , including stationary lunch counters and □ IRl
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ ~
development project includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ IRl a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road , highway, freeway or driveway surface collectively over the entire project □ ~ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to " includes flow that is conveyed overland a distance of □ ~
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541 , 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ [ID
21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinq "My project is a 'STANDARD PROJECT' ... " and complete applicant information.
E-34 Page 3 of 4 REV 04/1 7
•
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = 18,438 sq. ft. ~ □
Total proposed newly created or replaced impervious area (B) = 235 sq. ft.
Percent impervious area created or replaced (B/A)*100 = 1. 27 %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP ... " and complete applicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
[29 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: Elmerinda Dinitto Applicant Title: Owner
Applicant Signature: Date:
.. • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
his ox or ity se n,y -r,· B ~ C U Of
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 04/17
{ Cilyof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
{760) 602-2750
www.carlsbadca.gov
E-34
j tNSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: 264 Fresco 2nd Floor Deck Addition PROJECT ID:
ADDRESS: 264 Carlsbad Village Dr., Carlsbad CA APN: 203 -232-16-00
The project is (check one): D New Development ~ Redevelopment
The total proposed disturbed area is: 50 ft2 ( ) acres
The total proposed newly created and/or replaced impervious area is: 0. 00 ft2 ( O · OO ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
DEC I 8 2018
E-34 Page 1 of 4 REV02/16
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ el or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ [3
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1 . Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ el and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ []I more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ rn
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ [!]
development project includes development on anv natural slope that is twentv-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ 0 a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ ~ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcvcles, and other vehicles .
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ ~
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not comminqled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day_
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ ~
21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a POP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box stating "Mv project is a 'STANDARD PROJECT' .. ." and complete applicant information.
E-34 Page 3 of 4 REV04/17
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = ____________ sq. ft.
Total proposed newly created or replaced impervious area (8) = ____________ sq.ft.
Percent impervious area created or replaced (B/A)*100 = _____ %
YES NO
□ □
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box statini:t "My project is a PDP ... " and complete aoolicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
□ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: Elme3;inda Dinitto
Applicant Signature~ ~d}O
Applicant Title: __ O'\J-1_-"--_hil--v _______ _
l2 I I 6 /It Date:-------.~----~------
* Environmentally Sensitive Areas include but are not hmited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (YVater Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas v-.hich have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4of 4 REV 04/17
C cityof
Carlsbad
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project Information
Project Name: 264 FRESCO 2nd FLOOR DECK ADDITION
Project ID:
DWG No. or Building Permit No.:
Source Control BMPs
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See
Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to
implement source control BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual. Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be
provided.
Source Control Requirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 ~ Yes □No D N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage ~ Yes D No D N/A
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □Yes D No ~ N/A Dispersal
Discussion/justification if SC-3 not implemented:
E-36 Page 1 of 4 Revised 09/16
Source Control Requirement (continued) Aoolied?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and D Yes D No Iii N/A Wind Dispersal
Discussion/justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Iii Yes D No D N/A
Discussion/justification if SC-5 not implemented:
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for guidance).
D On-site storm drain inlets D Yes D No Iii N/A
Iii Interior floor drains and elevator shaft sump pumps □Yes D No Iii N/A
D Interior parking garages Iii Yes D No Iii N/A
D Need for future indoor & structural pest control □Yes D No Iii N/A
D Landscape/Outdoor Pesticide Use □Yes D No Iii N/A
D Pools, spas, ponds, decorative fountains , and other water features □Yes D No Iii N/A
Iii Food service Iii Yes D No D N/A
Iii Refuse areas Iii Yes D No D N/A
D Industrial processes □Yes D No Iii N/A
D Outdoor storage of equipment or materials □Yes D No Iii N/A
D Vehicle and Equipment Cleaning □Yes D No Iii N/A
□ Vehicle/Equipment Repair and Maintenance □Yes D No Iii N/A
D Fuel Dispensing Areas □Yes D No Iii N/A
D Loading Docks D Yes D No Iii N/A
D Fire Sprinkler Test Water □Yes D No Iii N/A
□ Miscellaneous Drain or Wash Water □Yes D No Iii N/A
□ Plazas, sidewalks, and parking lots D Yes D No Iii N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
Interior floor drains will be plumbed to sanitary sewer (restrooms, scullery, bar service area) as
required by Environmental Health and FEWD)
Food service components will be connected to a· grease trap as required by FEWD.
Refuse area: Trash enclosure has already covered bins and drains into adjacent landscape.
E-36 Page 2 of 4 Revised 09/16
Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information
to implement site design BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion/ justification is not required .
• "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be
provided.
Site Design Requirement I Applied?
SD-1 Maintain Natural DrainaQe Pathways and HvdroloQic Features I □Yes I 0 No I Iii N/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation I Iii Yes I D No ID N/A
Discussion/justification if SD-2 not implemented:
SD-3 Minimize Impervious Area I D Yes I 0 No I Iii N/A
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction ID Yes I D No I Iii NIA
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion I Iii Yes I 0 No ID N/A
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 09/16
Site Desian Reauirement (continued) I Applied?
SD-6 Runoff Collection I □ Yes I □ No I Iii N/A
Discussion/justification if SD-6 not implemented:
SD-7 Landscaping with Native or Drought Tolerant Species I Iii Yes I □ No I □ N/A
Discussion/justification if SD-7 not implemented:
SD-8 Harvestini:i and Usini:i Precipitation I □Yes I □ No I Iii N/A
Discussion/justification if SD-8 not implemented:
E-36 Page 4 of 4 Revised 09/16
Ki! TRAFFIC EN61NEERINfi, Inc.
lridfit CM!rOI . Str.J!l~I. S)'IK.hrO?iizatwn . Parking . StUl.ly
April 18, 2019
Linda Dinitto
264 Fresco
264 Fresco Village Drive
Carlsbad, CA 92008
Re: Trip Generation -264 Fresco
264 Fresco Village Drive, Carlsbad
Dear Linda,
APR 2 a ~019
Cl IYO-CARLSBAD
"r !JI J!S!C. J
Per your request, I have conducted a trip generation calculation for the proposed
improvements. This letter presents my findings and recommendations.
PROJECT DEVELOPMENT
264 Fresco is an existing restaurant situated at 264 Fresco Village Drive in the City
of Carlsbad. The restaurant consists of a single-story building of approximately
4,600 square feet. The proposed addition includes a roof deck of 1,103 square feet
for outdoor dining use. Site plan and floor plan are shown in Exhibit 1 and 2,
respectively.
TRIP GENERATION
Trip generation represents the amount of traffic change due to the project
development. Based on the SANDAG Not So Brief Guide to Vehicular Traffic
Generation Rates for the San Diego Region, the estimated weekday vehicle trip
generation rates for Quality Restaurant are shown in Table 1.
Table 1. Trip Generation Rate
Land Use Trip Generation Rate AM Peak Hour % PM Peak Hour %
Quality Restaurant 100/1000 sq. ft 1% 8%
K2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 210, Tusti n, CA 92780 T.714-832-2116 Email: kay@k2traffic.com
Trip Generation -264 Fresco
264 Fresco Village Drive, Carlsbad
Table 2. Proiect Trip Generation
Land Use Quantity (GFA) ADT AM Peak Hour
Quality Restaurant 1,103 SF 110.3 1
April 18, 2019
Page 2 of 2
PM Peak Hour
9
The proposed roof deck addition of 1,103 square feet will generate an additional
110.3 Average Daily Trips (ADT).
Regards, ;-fT~
K2 Traffic Engineering, Inc.
J~
NC\E '·'AV v r, ., l
No. T2285 ,1
· ,6/30/1
California License TR2285
K2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2 I 16 F.949-266-5875 Email: k2traffic@gmail.com
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ACOUSTICAL ANALYSIS REPORT
FRESCO RESTAURANT ROOF DECK ADDITION
City of Carlsbad, California
Fresco Trattorla and Bar
264 Carlsbad Village Drive
Carlsbad, CA 92008
ABC Report No: 2574
February 11, 2019
TABLE OF CONTENTS
1.0 BACKGROUND: ........................................................................................................ 1
2.0 SOUND, NOISE, AND NOISE ABATEMENT: ................................................................ 2
3.0 APPLICABLE STANDARDS: ........................................................................................ 3
4.0 PROJECT SETTING: ................................................................................................... 4
5.0 EXISTING NOISE LEVELS: ........................................................................................... 5
6.0 PROJECT-RELATED NOISE IMPACTS: ......................................................................... 7
7.0 RECOMMENDATION: ............................................................................................... 9
8.0 CONCLUSION AND CERTIFICATION: .......................................................................... 9
LIST OF FIGURES
FIGURE 1: FRESCO RESTAURANT -VICINITY MAP ...................................................................... 1
FIGURE 2: FRESCO RESTAURANT -ROOFTOP SETTING ............................................................. 4
FIGURE 3: FRESCO RESTAURANT ROOF DECK ADDITION -3-0 RENDERING ............................. 4
FIGURE 4: AMBIENT NOISE CONTOURS AT ROOFTOP ............................................................... 6
FIGURE 5: ROOFTOP NOISE CONTOURS .................................................................................... 7
FIGURE 6: CUMULATIVE EXISTING + PROJECT NOISE CONTOURS ............................................. 8
LIST OF TABLES
TABLE 1: CITY OF CARLSBAD LAND USE NOISE COMPATIBILITY GUIDELINES ........................... 3
TABLE 2: RESULTS OF SOUND MEASUREMENTS ....................................................................... 5
ATTACHMENTS
ATTACHMENT "A" -NOISE CALCULATION DATA
Fresco Restaurant Roof Deck Addition -Acoustics
1.0 BACKGROUND:
This report addresses noise impacts relating to addition of the proposed Roof Deck at
Fresco Restaurant in Carlsbad . The project site is located at 264 Carlsbad Village Drive,
Carlsbad. The project is planning to add a second-floor deck to the existing one-story
building. This report includes information as to the existing ambient sound levels at the
project site, potential noise impacts from the proposed roof deck to existing sensitive
land uses in the area, and acoustical treatment recommendations, if necessary, to
reduce such impacts to acceptable levels.
Fresco Restaurant is located at the northeastern corner of Carlsbad Village Drive and
Garfield Street intersection (Figure 1). As shown in Figure 1, land uses in the immediate
vicinity of project site are hotel and commercial. This report makes use of ambient
sound surveys conducted at the project site by ABC Acoustics, Inc. and a computer
acoustical modeling program which generates noise contours by taking into
consideration factors such as topography and shielding effects of structures and noise
barriers.
FIGURE 1: FRESCO RESTAURANT-VICINITY MAP
ABC Acoustics Inc Report 2574 1
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
2.0 SOUND, NOISE, AND NOISE ABATEMENT:
Sound is created upon alterations in pressure, normally of air. It travels in waves. Its
pressure level, energy level, intensity level. .. could be measured. Sound level refers to
Sound Pressure Level {SPL). Units of sound are expressed as Decibels (dB) and the "A"-
weighted sound filter is used in this report, as required by the City of Carlsbad, hence
dBA.
Noise is defined as unwanted or excessive sound. It is broadly recognized as a form of
environmental degradation. Noise and sound are used interchangeably in this report.
Noise abatement refers to the technology of controlling sound impacts to meet
acceptable guidelines and regulations.
Average or equivalent sound level (Leq) is the average sound measured during a
specific period. dB, dBA, and decibels in this report refer to the average sound level or
dBA Leq, unless otherwise noted.
Hourly average sound level (Leqh) is the average level of sound measured over a one-
hour period.
Maximum sound level (Lmax) is the loudest (instantaneous) sound recorded during a
survey period.
Minimum sound level (Lmin) is the sound level during quietest moment of a survey
period.
Ambient or Background Noise includes all noise from both near and far but excludes
specific sources of interest to this noise study.
Noise Barrier or Screen is any material or system that blocks or reduces sound
transmission as it passes from the source to receivers.
Noise Limiter is an electronic device that automatically limits sound level at a preset
level.
Sound Transmission Class (STC) is a measure for rating the overall sound blocking
performance of a sound wall or barrier system. Higher STCs mean better sound blocking
performance.
ABC Acoustics Inc Report 2574 2
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
3.0 APPLICABLE STANDARDS:
The City of Carlsbad's Noise Element, in Section 5.4, includes hourly average as well as
maximum sound level limits for non-transportation sound sources. These limits are
presented in Tablel.
The project property is a commercial land zone. The properties abutting the project site
are also commercial/hotel uses. As presented in Table 1, at the common property line
between two land uses in the City of Carlsbad, sound levels from stationary sources shall
not exceed hourly average sound level (Leqh) of 55 dBA or a maximum level (Lmax) of
75 dBA during daytime hours (7 am to 10 pm). Similarly, sound levels at the said
property line shall not exceed 45 dBA Leqh or 65 dBA Lmax during nighttime hours (10
pm to the following 7 am). Since the proposed Roof Deck at Fresco Restaurant may be
used during nighttime hours, the applicable limits are the more stringent 45 dBA Leqh
and 65 dBA Lmax.
Pursuant to footnote on Table 5.3 of Section 5.4 of the City of Carlsbad's Noise Element,
each of the noise levels specified in Table 1 below shall be lowered by 5 dB for simple
tone noises, noises consisting primarily of speech or music, or for recurring impulsive
noises. It is our understanding that there shall be no music at the proposed Fresco Roof
Deck. However, conversation could be characterized as speech. Therefore, the
applicable sound limits established for this report are 40 dBA Leqh and 60 Lmax.
TABLE 1
PERFORMANCE STANDARDS FOR NON-TRANSPORTATION SOURCES
(AS MEASURED AT PROPERTY LINE OF SOURCE/SENSITIVE USE)
CITY OF CARLSBAD
NOISE LEVEL DAYTIME NIGHTTIME
(7 A.M. TO 10 (10 P.M. TO 7 DESCRIPTOR P.M.) A.M.)
Hourly Average Leqh, dBA 55 45
Maximum Lmax, dBA 75 65
Note:
Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises,
noises consisting primarily of speech or music, or for recurring impulsive noises.
• Source: City of Carlsbad Noise Element, Section 5.4, Table 5.3
ABC Acoustics Inc Report 2574 3
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
4.0 PROJECT SETTING:
Fresco Restaurant is located at 264 Carlsbad Village Drive, Carlsbad (Figure 1). The
applicant proposes to add a 2nd floor Roof Deck at Fresco. The Roof Deck will have no
music or live performances. Operational noises within the Roof Deck would primarily be
that of patrons conversing.
The Roof Deck floor plan is shown in Figure 2; a 3-0 rendering is presented in Figure 3.
As shown in Figure 3, the proposed Roof Deck would include a structure along the north
side and a parapet around that is 3.5 to 10 feet tall.
This report is intended to assess the anticipated Roof Deck operational sound levels
through computer modeling and recommend abatement measures, if necessary, such
that operational sounds do not exceed 40 dBA Leqh or 60 Lmax at project boundary.
' I I :?:~w :,___ __ _
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----------------------___;
FIGURE 2: FRESCO RESTAURANT-ROOFTOP SETTING
FIGURE 3: FRESCO RESTAURANT ROOF DECK ADDITION -3-D RENDERING
ABC Acoustics Inc Report 2574 4
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
5.0 EXISTING NOISE LEVELS:
Existing noise levels impacting the project site and neighboring land uses are traffic-
related. Noise levels at the project boundary were measured during daytime in
February 1, 2019. Results of surveys are presented in Table 2. As presented in Table 2,
existing noise levels at the project boundary range between 53 and 62 decibels. Hourly
average noise levels during peak hours of traffic are often equivalent to the Ldn at that
location. Noise surveys were conducted using a Bruel and Kj<Er (B&K) Type 2250
analyzer, a Type 1 Sound Level Meter, per ANSI Sl.4.
Noise levels impacting the project site were also calculated using the SoundPlan
Computer Model and traffic data provided by the City of Carlsbad. Details of noise
modeling are presented in Attachment "A". Noise contours are shown in Figure 4
below. Traffic-related noise impacts at project boundary would be as high as 62 dBA
CNEL which is in agreement with the measured noise levels.
TABLE 2
RESULTS OF SOUND MEASUREMENTS
FRESCO RESTAURANT, CARLSBAD
No Duration Location Average Sound Levels (Leq)
1 10Min Eastern property line 61.9
2 10 Min Southern property line 57.8
3 10 Min West ern property line 54.5
4 10 Min Northern property line 53.2
Notes:
► Surveys were conducted on Friday February 1, 2019.
► Daytime surveys were conducted between 11 and 12 a.m.
► Climate condition: a typical clear/calm Carlsbad day.
► Sound Monitoring Equipment: Bruel & Kjaer (B&K) Analyzer Type 2270.
ABC Acoustics Inc Report 2574 5
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
-42
-44 -...
-'"8
-,0
-~z
FIGURE 4: AMBIENT NOISE CONTOURS AT ROOFTOP
ABC Acoustics Inc Report 2574 6
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
6.0 PROJECT-RELATED NOISE IMPACTS:
The proposed Roof Deck at Fresco Restaurant would be used for normal dining. It
would not make use of live or recorded music. The patrons shall generally be adults and
the loudest on-site sound source would be that of patrons conversing. Noise from
normal Roof Deck operations at Fresco were modeled using a computer acoustical
modeling program. Results of Roof Deck acoustical modeling are presented in Figure 5.
As shown in Figure 5, normal operations would involve sounds that would not be
audible beyond the site boundary. Therefore, noise impacts from Fresco Roof Deck
upon existing land uses in the area would be insignificant.
Figure 6 shows the cumulative (Existing + Project} noise contours. A comparison of
existing ambient noise contours (Figure 4) and Existing + Project contours (Figure 6)
shows that project-related impacts are negligible. Since the project has no significant
impacts on existing land uses in the area, the project is in compliance with the City of
Carlsbad's limits.
FIGURE 5: ROOFTOP NOISE CONTOURS
ABC Acoustics Inc Report 2574
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Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
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FIGURE 6: CUMULATIVE EXISTING+ PROJECT NOISE CONTOURS
ABC Acoustics Inc Report 2574 8
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
7.0 RECOMMENDATIONS:
Since no significant noise impact are anticipated, no noise treatment measures are
required.
8.0 CONCLUSION AND CERTIFICATION:
The findings and recommendations presented in this acoustical analysis report are
based on available information at the time of analysis. They represent a true and
factual analysis of the scope of work relating to potential acoustical issues associated
with the subject project.
There are many factors involved in acoustical performance of a project. ABC Acoustics,
Inc. is not and could not be held liable for implementation of recommendations herein
or final results of such recommendations.
Please do not hesitate to contact me if you have any questions.
Regards,
Sharo T. Sanavi
Principal
sharo@abcacoustics.com
STS: Im
r2574
ABC Acoustics Inc Report 2574 9
Fresco Restaurant Roof Deck Addition, Carlsbad-Acoustics
ATTACHMENT "A"
NOISE CALCULATION DATA
ABC Acoustics Inc Report 2574 10
C:\Users\Ular\OneOrive\Ooc:ume-nts\Prci;ects\ABC\sp\Fresc:o\fresc:o-EKlstlng.sgs
Client: Fresco Trattoria and Bar
Project: Fresco Restaurant, Carlsbad, CA
Project-No. 2574
Map
1
Existing
Result number 2
Calculation in 1.5 m above ground
ProiKt fflginttr: Sal Atter
Created: 2/4/2019
Proce»ed with SoundPlAN 7.3, Update 3/19/2015
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in dB(A)
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Client: Fresco Trattoria and Bar
Project: Fresco Restaurant, Carlsbad, CA
Project-No. 2574
Map
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~ ...a I Project efllineer: Sal Atter
Created: 2/4/1.019
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Levels Leq,h
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Client: Fresco Trattoria and Bar
Project: Fresco Restaurant, Carlsbad, CA
Project-No. 2574
Map
3
Existing
Result number 2
Calculation in 1.5 m above ground
ProjKt ~ Sal Atttr
Cre:ated: 2/4/2019
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•
CONDITION OF TITLE
Guarantee Number:
Issued By: @. CHICAGO TITLE INSURANCE COMPANY 73718011613
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO
AND MADE A PART OF THIS GUARANTEE,
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee
against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of
any incorrectness in the Assurances set forth in Schedule A.
Chicago Title Company
2365 Northside Drive, Suite 600
San Diego, CA 92108
Countersigned By:
Authorized Officer or Agent
Condition of ntle Guarantee
CL TA Guarantee Form No. 28 (06/05/2014)
Page 1
Chicago Title Insurance Company
By:
Attest:
President
Secretary
Printed: 12.17.18@ 10:08 AM
CA-CT-FWD0-02180.055820-SPS-1-18-73718011613
CHICAGO TITLE INSURANCE COMPANY
Amount of Liability
$5,000.00
ISSUING OFFICE:
Title Officer: Richard Moore
Chicago Title Company
2365 Northside Drive, Suite 600
San Diego, CA 92108
Phone: (619)521-3590 Fax: (619)521-3690
Main Phone: (619)521-3500
Email: teammoore@ctt.com
SCHEDULE A
Fee
$500.00
Date of Guarantee: December 11, 2018 at 12:00 AM
1. Name of Assured: Dinitto Properties
2. The estate or interest in the Land which is covered by this Guarantee is:
Fee
3. The Land referred to in this Guarantee is described as follows :
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
4. ASSURANCES:
According to the Public Records as of the Date of Guarantee,
a. Title to the estate or interest in the Land is vested in:
Di Nitto Properties, Inc., a Nevada Corporation
GUARANTEE NO. 73718011613
Title Officer
Richard Moore
b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not
necessarily shown in the order of their priority.
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
END OF SCHEDULE A
Page2
Printed: 12.17.18@ 10:08 AM
CA-CT•FWD0-02180.055820-SPS-1-18-73718011613
For APN/Parcel ID(s): 203-232-16-00
EXHIBIT "A"
Legal Description
All of Tract 95 of Map of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1661 , filed in the Office of the County Recorder of San Diego County, March 1, 1915, excepting the
Northeasterly 100.00 feet thereof.
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
Page3
Printed: 12.17.1 8@ 10:08 AM
CA-CT-FWD0-02180.055820-SPS-1-18-73718011613
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73718011613
SCHEDULE B
1. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
Penalty:
2nd Installment:
Penalty and Cost:
Code Area:
203-232-16-00
2018-2019
$7,685.78, open
$768.57 (Due after December 10)
$7,685.78, open
$778.57 (Due after April 10)
09098
2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Purpose:
Recording Date:
Recording No.:
private sewer and water lines
April 22, 1941
in Book 1165, Page 356 Official Records
Affects: the route thereof affects a portion of said land and is more fully described in said document.
Said easement has been granted and/or reserved in various instruments of record.
4. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Contract for Future Public Improvements
November 21, 1977
77 -480687 Official Records
Reference is hereby made to said document for full particulars.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
City of Carlsbad
street
November 21, 1977
77 -480688 Official Records
Affects: the route thereof affects a portion of said land and is more fully described in said document.
6. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Encroachment Agreement
May 25, 2017
2017 -0235635 Official Records
Reference is hereby made to said document for full particulars.
7. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have
knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior
to closing.
Condition of Title Guarantee
Cl TA Guarantee Fonn No. 28 (06/05/2014)
Page4
Printed: 12.17.18@ 10:08 AM
CA-CT-FWD0-02180.055820-SPS-1-18-73718011613
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
GUARANTEE NO. 73718011613
8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct
survey would disclose and which are not shown by the public records.
9. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the
Public Records.
10. Any rights, interests or claims, which are not shown by the public records but which could be ascertained by an
inspection of the Land or which may be asserted by persons in possession thereof.
11. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies ),
Party(ies ): sellers
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title under this
order. Any title search includes matters that are indexed by name only, and having a completed Statement of
Information assists the Company in the elimination of certain matters which appear to involve the parties but in
fact affect another party with the same or similar name. Be assured that the Statement of Information is essential
and will be kept strictly confidential to this file.
12. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies ),
Party(ies ): buyers
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title under this
order. Any title search includes matters that are indexed by name only, and having a completed Statement of
Information assists the Company in the elimination of certain matters which appear to involve the parties but in
fact affect another party with the same or similar name. Be assured that the Statement of Information is essential
and will be kept strictly confidential to this file.
13. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving
Land that is associated with these activities.
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
END OF SCHEDULE B
Page 5
Printed: 12.17.18@ 10:09 AM
CA-CT-FWD0-02180.055820-SPS-1-18-73718011613
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73718011613
EXCLUSIONS FROM COVERAGE
Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered,
assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in any of the schedules of this Guarantee.
(e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee.
(f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which
may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records
of the taxing authority or by the Public Records.
(g) (1) Unpatented mining claims; (2) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title
to water, whether or not the matters excluded under (1 ), (2) or (3) are shown by the Public Records.
GUARANTEE CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company.
(b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge.
(e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A.
(f) "Amount of Liability": the Amount of Liability as stated in Schedule A.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or
interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under
this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the
Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of
any allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as
limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the
assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice
(subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company
may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall
secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the
Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the
correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced
by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall
terminate.
Condition of Title Guarantee
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" ' CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73718011613
{continued)
5. PROOF OF LOSS OR DAMAGE
(a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of
payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that
constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
(b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after
Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or
damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were
authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
(b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment
and that the Company is obligated to pay; or
(c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys'
fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the
Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to
continue any and all litigation initiated by the Company pursuant to Paragraph 4.
7. LIMITATION OF LIABILITY
(a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has
suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and
subject to the Exclusions From Coverage of this Guarantee.
(b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or
encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby.
(c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage unrn
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom.
(d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the
Amount of Liability under this Guarantee pro tanto.
9. PAYMENT OF LOSS
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or
destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be
payable within thirty (30) days thereafter.
10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property
in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
Condition of Title Guarantee
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(,:
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73718011613
(continued)
11. ARBITRATION
Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association {"Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with
claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a
Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when
the amount of liability is Two Million And No/100 Dollars {$2,000,000) or less shall be arbitrated at the option of either the Company or the
Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars {$2,000,000) shall be arbitrated only
when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the
parties. Judgment upon the award rendered by the Arbitrator{s) may be entered in any court of competent jurisdiction.
12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT
{a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the
Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
{b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
{c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
13. SEVERABILITY
In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be
deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect.
14. CHOICE OF LAW; FORUM
{a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium
charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or
enforcement of Guaranties of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are
adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts
of law principles to determine the applicable law.
{b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate jurisdiction.
15. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at:
Chicago Title Insurance Company
P.O. Box45023
Jacksonville, FL 32232-5023
Attn: Claims Department
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
END OF CONDITIONS
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