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2013-04-18 Item 3 Case 2013-034 PCINCITY OF ENCINITAS PLANNING COMMISSION AGENDA REPORT Meeting Date: April 18, 2013 TO: Planning Commission VIA: -V Tom Curriden, City Planner FROM: Planning and Building Department Roy Sapa'u, Senior Planner Todd Mierau, Associate Planner SUBJECT: A public hearing for a Planning Commission Interpretation (PCIN) request to determine the historic parking count for an existing. building located within the D -CM -2 (Downtown Commercial Mixed 2) zone of the Downtown Encinitas Specific Plan and the Coastal Zone of the City of Encinitas. CASE NUMBER: 13 -034 PCIN; APPLICANT: Hawk Chick Holdings, LLC; LOCATION: 669 Second Street (APN: 258 - 162 -09). BACKGROUND: The PCIN is being requested by the applicant in order to establish the total number of parking spaces that existed on the subject property prior to City incorporation (1986). The outcome of this PCIN will establish the basis of existing on -site parking credit (if applicable) for parking purposes for future uses on the project site. The applicant is currently processing Case No. 12 -129 DR/CDP, which is on hold until the historic parking count for this project site has been established by this PCIN. ANALYSIS: According to the documentation presented within Exhibit PC -4 (provided by the applicant), both before and after City incorporation, there has not clearly been any parking spaces delineated or available on the subject site. The project site was developed in the early 1900's. According to the Commercial - Industrial Building (CIB) record for the property, the San Dieguito Water District occupied the front portion of the building from 1925 to 1961. Electro- Oceanics, Inc. occupied the building from 1962 to 1969. Hymies Trading post occupied the building from 1970 to 1975. In 1976, according to the records supplied by the applicant, Southwest Auto established itself in the eastern rear portion of the subject property adjacent to the alley. According to the County Use Matrix contained within Exhibit PC -4, "Light Automotive Repairs" was permitted by right prior to City incorporation. According to the County of San Diego zoning code "Parking Schedules ", 2.5 parking spaces would be required for every 1,000 square feet of gross floor area (GFA). The County Code states "parking requirements are based on gross floor area (GFA) plus any open area used for display or business operations ". These requirements were adopted by Ordinance No. 6940 on April 10, 1985, by the County (prior to City incorporation). Prior to this, specific parking requirements for the "Light Automotive Repairs" use is unknown. PBD \TGWT:\Reports \SR13- 034PC1N - 1 - 3 -1 Looking at the various aerial photographs contained within Exhibit PC -2, it appears as though there was never any delineated parking provided in 1988 for the subject property. In 1996, it appears as there is one parking space possibly available at the rear of the property off of the alley. It is unclear however, if this is an actual designated parking space. Also at that time, a vacant property adjacent to the south that had cars parked on the property. In 2001, no on -site parking was available on the subject property, and the vacant property to the south had numerous cars parked on the property. In 2005, no on -site parking was available; however, it appeared as though one car with a cover on it was parked on the project site. The vacant property to the south was also being used for parking at that time. In 2009, no on -site parking was available on the project site and the property to the south had a structure on it (655 Second Street) with parking located off of the alley. The various aerial photographs have been provided by the City as documented in Exhibit PC -2 to show how the project site changed over time. Additional aerial photographs were provided by the applicant (which are somewhat hard to discern) as contained within Exhibit PC -4 documenting the use of the subject site. As per Section 3.3.3.C.3c of the Downtown Encinitas Specific Plan (DESP), "For any change of use in an existing building, not related to an addition to or increase of gross building floor area: the required number of parking spaces shall be limited to the maximum number that the development site together with its proportional share of on- street parking can yield under current development standards ". The previous use of the front building located at 669 Second Street was "Office Professional ". The previous use of the rear portion of the project site was "Light Automotive Repairs ". The proposed use change under the current ownership is a Yoga Studio for the entire site, which is permitted by right within the D -CM -2 zone (similar to Dance Studio). As per Section 3.3.3.C.3b of the DESP, "For additions to or increases of gross floor area of existing buildings, or new development proposed to replace existing buildings on the site, the number of required parking spaces for additions to or increases of gross floor area of existing buildings on the site, the number of required parking spaces is the fewer of either; the total number required for the development site for the combination of uses per the ratios specified above; or the number of existing parking spaces on the development site before new development; plus additional spaces as required by the ratios specified above for the proposed addition or increase in floor area". Therefore, pursuant to Section 3.3.3.C.3b, if it is determined that no parking had previously been provided, a future project would only be required to provide parking based upon any increase in floor area beyond the 1,760 square feet of existing building. CITIZEN'S PARTICIPATION PLAN (CPP)• The. Planning Commission Interpretation application is not subject to the Citizen's Participation Plan (CPP) process since the request is only for interpretation of provisions of the Municipal Code and no development or construction is proposed that requires any discretionary permit or ministerial permit. ENVIRONMENTAL REVIEW: The interpretation of provisions of the Municipal Code by the Planning Commission is not subject to environmental review as per Section 15061(b)(3) of the CEQA Guidelines, which exempts the project by the general rule of CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. PBD \TGWT:\Reports \SR13- 034PCIN 1 - 2 - 3_2 ALTERNATIVE ACTIONS: Alternative actions available to the Commission include: (1) Determine the existing parking count on -site; or (2) Continue the hearing for further information and review. STAFF RECOMMENDATION: Based on Staffs review of the project records contained within Exhibit PC -4, and the aerial records contained within Exhibit PC -2, it is reasonable to conclude that no designated (marked/striped) on -site parking stalls were available on the subject property. If the Planning Commission concurs, any future expansion of this project site (including.additions to or increase in gross floor area) will require parking spaces on -site based on the ratio noted in Table 3 "Required Parking" of the DESP (Section 3.3.3.C1) only for the additional floor area proposed pursuant to DESP 3.3.3.C.3b. LIST OF ATTACHMENTS: Exhibit PC -1 Section 3.3.3.C.3 of the DESP. Exhibit PC -2 Aerial photographs. Exhibit PC -3 Project drawings dated received on April 3, 2013. Exhibit PC -4 'Application and parking related historic information and photos PBD \TGM \T:\Reports \SR13- 034PCIN - 3 - 3 -3 Exhibit "PC -1" Section 3.3.3.C.3 of the Downtown Encinitas Specific Plan (DESP) Case No. 13 -034 PON April 18, 2013 3 -4 Use and Development Regulations Parking 2. First Street Corridor and Second Street Corridor Subdistricts, Zones D -CM -1, D -CM -2, and D -VCM: Residential units in mixed -use projects which are guaranteed to be affordable to low and very-low income households as defined in the City of Encinitas Housing Element, shall have their parking requirement reduced to one, off- street parking space per dwelling unit. 3. First Street Corridor and Second Street Corridor Subdistricts, Zones D -CM -1 and D -CM -2: The following parking provisions apply to non - residential uses, only. Not withstanding these provisions, the maximum number of parking spaces shall be provided for each development site, to the maximum number possible based on current site development standards, not to exceed the number required by the schedule of required parking above. a. A proportional share of on- street parking shall be counted toward the required . number of parking spaces for non - residential uses for a development site, as follows: For each block face on which the development has street frontage, the total number of on- street parking spaces after completion of all street improvements under this specific plan shall be calculated. For each frontage, the development site shall count towards its non- residential parking requirement its share of on- street spaces based on proportion of street frontage on that block. b. For additions to or increases of gross floor area of existing buildings, or new development proposed to replace existing buildings on the site, the number of required parking spaces is the fewer of either: the total number required for the development site for the combination of uses per the ratios specified above; or the number of existing parking spaces on the development site before new development; plus additional spaces as required by the ratios specified above for the proposed addition or increase in floor area. c. For any change of use in an existing building, not related to an addition to or increase of gross building floor area: the required number of parking spaces shall be limited to the maximum number that the development site together with its proportional share .of on- street parking can yield under current development standards. DOWNTOWN ENCINITAS SPECIFIC PLAN 3 ■ 85 3 -5 Exhibit VC-2" Aerial photographs Case No. 13 -034 PCIN April 18, 2013 3 -6 �, _ „� �� t � � '� � 5 — F 5.a?.. �. r-1 0 Q N 3 -9 In N 3 -10 a a LA— u F 8 0 N 3 -11 Exhibit "PC -3" Project drawings dated received on April 3, 2013 Case No. 13 -034 PCIN April 18, 2013 3 -12 (ML ^Cn m l J r m II Nq O � Oz m ma r a z true north w t w a v C- 8 m z v c_ r _v Z a 0 f I I I I i I I I I d � Q D� a � D O m X CO --I Z 0 Z C7 m m a r m x Z G) rn S G) S n C CO -i m D r r z 00 W m 0 0 16.0' c+o �_ 0;Z, v y m�Z mm cO0 m m -< 0 0 0 second street to C r v z a S G) S N x D r r 0 N 05c33'45" W 50.0' ci 0 3 3 m 70 n a r I� II O z m I -q O II COx II cm II nD II cK II my 4 �O �z CO T I OCD 1 50 I 0 O -„ -- m x CA z - ____F 4.0' I -� 18.5' 0 I D a v S m 1 - II -- -�'i-M, ODD > -n >mm _ < -n— c� L m m o m -0 C7 cv Unm ov mN rn c)Ln c�v m lj o cmm m mrD Dr- �m MD mZ U) Z-i m vo;o mr J J i d to C r v z a S G) S N x D r r 0 N 05c33'45" W 50.0' ci 0 3 3 m 70 n a r I� II O z m I -q O II COx II cm II nD II cK II my 4 �O �z CO T I OCD 1 50 I 0 O -„ -- m x CA z - ____F 4.0' I -� 18.5' 0 I a v I t1T m 1 - II -- -�'i-M, ODD - 0 II c >mm N � I1 0mG) w G) Mm II -� 11 Z O> 01 �c)z �Cn x Om m lj m cmm OMoo 11 m_0 coo °�M 70Mm mm mmm v 11 av m < < 000 II II m' 11 m�Go c?m C) C °33'45" W 50.0' rn rn S S 0 r alley m > m I I I �I POI I I I I a C- 0 a Zv wz m 0 0 ca O � l D� —�a � 2 D PZHIHI" � nh. R Ro o mq D� - a S� m v C) CD c m cn n m O rn Z °' v(0 CO i x m� DZ Z G) s� ■ ■i 0 a I t1T I \ � 2 D PZHIHI" � nh. R Ro o mq D� - a S� m v C) CD c m cn n m O rn Z °' v(0 CO i x m� DZ Z G) s� ■ ■i Exhibit "PC -4" Application and parking related historic information and photos Case .No. 13 -034 PON April 18, 2013 3-14 FOR PROPOSED SITE OF: MOONLIGHT Parking Determination 669 2nd Street, Encinitas Case No* 12 -129 DR /CDP APN 258- 162 -09-00 LOT 11 BLOCK 6 ENCU41TAS, CALIFORNIA. Lhotse Hawk, Managing Member, Hawk Chick's Holdings LLC Bart Smith, Architect, DZN Partners Mark Delaney, Contractor, Delaney Construction 669 2nd Street, Encinitas i Case No. 12 -129 DR /CDP 3 -15 Table of Contents 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP APN 258- 162 -09-00 LOT 11 BLOCK 6 E NCINITAS, CALIFORNIA 1.0 Executive Summary .................................................................................... ............................... 1 2.0 Property Background Current Status & Case History ...................................... ............................... 2 3.0 Property & Parking History Prior to Encinitas City Incorporation 1925-1985 .... ............................... 4 4.0 P mo-pc tv & Parking History Encinitas City Incorporation1986 Present ............. ............................... 6 — ' 5.0 Parking History Review .................................................................................. ............................... 8 6.0 Conclusions .................................................................................................... ............................... 8 List of Exhibits..... 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 'ii 3 -16 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP APN 258 - 162 -09 -00 LOT 11 BLOCK 6 ENCINITAS, CALIFORNIA 1.0 Executive Summary Hawk Chick's Holdings, LLC ( "HCH LLC ") and DZN "Property" Historical documentation of the Property, both before and after the Incorporation of the City of Encinitas in 1986, indicate there has not been parking available or parking use on the Property since prior to 1961, and quite likely since the Property was developed. This conclusion is based on review of the Property and County building record information, Property history, documented observations of previous tenant use(s), prior lease agreements, and present and historical public utilities designations of the Property. Furthermore, the Property is designated a "Local Landmark" not "Recommended for Preservation" by the 2010 Encinitas General Plan Update Inventory, Chapter 11 and recognized as an historic structure (built prior to 1936) by the United States Department of the Interior. Given these designations, it should be concluded that: 1. With exception to the two (1.875) credited street parking spaces, there were zero existing parking spaces on the Property. 2. Special consideration should be made for the Property based on the incentives put forth in the Historic Preservation section of the Encinitas Specific Plan. 3. The project, as proposed, uses the Encinitas Specific Plan criteria for the remodel and reuse of existing buildings. 4. Review of the proposed parking spaces, with consideration to the footprint of the existing 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 3 -17 building and minimal lot size, concludes that the Property will be parked to the maximum extent possible as specified in the Specific Plan. This Executive Summary presents an overview of the parking history, compiled by HCH LLC and DZN Partners, regarding the commercial property located at 669 2nd Street, both before and after the City of Encinitas Incorporation in 1986. It is the intention of this report that the Encinitas Planning Department acquire the information necessary for critical consideration to acknowledge the lack of any previous on -site parking and therefore accept the proposed number of parking spaces required for the addition to the Property as five (5 plus the 2 credited street parking spaces). HCH LLC would consider application for registration of the Property with the United States Department of the Interior and National Park Service, for Historic Preservation, if the City of Encinitas deemed it necessary for our building permit approval'. This report should be considered in its entirety with regard to the findings and conclusions contained herein. Thank you very much for your time and consideration. 2.0 Property Background, Current Status & Case History The Property located at 669 2nd Street, Encinitas, California, was developed in 1901. It is located in the Second Street Corridor in a mixed commercial and residential neighborhood of the City of Encinitas, D -CM -2, approximately one mile east of the Pacific Ocean. The Property consists of a single developed lot with the west approximate 2/3 a commercial building and the east remaining 1/3 lot, previously a mechanical shop, is currently a dirt lot. The property was purchased by Hawk Chicks Holdings LLC ( "HCH ") on May 30, 20122. At the time of purchase, the east 1/3 of the Property was occupied by an auto body repair shop operating as Encinitas Auto Body. At the time of HCH LLC's purchase of the property, tenant of the shop area, Mr. Dave Cartwright, owner of Encinitas Auto Body, was utilizing a separate address from the Property address. In fact, all documentation found relating to the east 1/3 of the Property, operating as an auto body shop from approximately 1976 -2012, identifies the shop address as 682 1/Z South Coast Highway 101, Encinitas, As noted in the Downtown Encinitas Specific Plan: Historic Preservation Section B, State Historic Building Code: "Projects eligible under this strategy include those affected properties listed in the Historic Resources Inventory, and shall be implemented on a case - by -case basis. No other implementation action by the City is required." 2 "Hawk Chick's Holdings LLC" was added as Owner during close of escrow. Prior closing, "The Lhotse C Hawk Family Trust" was on all related documents pertaining to the 2012 sale of the Property. 669 2nd Street, Encinitas 2 Case No. 12 -129 DR /CDP 3 -18 California 92024. Previous occupant and Property owner, Dennis Murphy, operated Southwest Auto on the Property from 1976 until Mr. Murphy's death in 2006. Mr. Murphy owned the Property until his passing at which time Nicole Gasperoni and Bond Fletcher took possession and allowed the auto shop business, and Mr. Murphy's colleague, Mr. Cartwright, to remain on Property in operation of their auto shop, doing business as Encinitas Auto Body until June 2012. We were unable to reach Mr. Cartwright for comment as to why the South Coast Hwy address was used. It is speculated that the South Coast Hwy address was easier for customers to find, access Encinitas Auto Body (Southwest Auto) from the alley behind the Property, and leave the 669 2' Street building occupants undisturbed. Mr. Cartwright had been renting parking spaces from Keith Harrison and utilized parking from Alex Stanton of Encinitas Test Only Center for customers who needed auto service (Exhibits IB -1F). A lease agreement between Mr. Dave Cartwright of Encinitas Auto Body and Ms. Lhotse C Hawk of Hawk Chicks Holdings, LLC was assumed by HCH LLC at close of escrow to extend the existing lease with Dave Cartwright, Encinitas Auto Body shop, through September 24, 2012 Exhibit 1H). Prior to lease expiration, Mr. Cartwright and HCH LLC mutually terminated the lease on June 24, 2012 and the auto body shop evacuated the premises to a new location on Vulcan Avenue. HCH LLC contracted Delaney Construction and began remediation of the Property in late June 2012. At that time, it was determined that all existing auto shop out buildings located on the east 1/3 portion of the Property needed to be demolished due to structural damage from termites, mold, dry rot, and irreparable aging of old structures, including but not limited to: an office building structure i.e. permanent trailer, a 10 x 10 cast in place concrete shed, and covered unenclosed storage facilities. At present date the Property consists of the original commercial building occupying approximately 2/3 of the western portion of the lot. The east 1/3 of the lot has been cleared of all previous structures. On August 30, 2012, HCH LLC and DZN Partners submitted Case # 12 -129 DR /CDP to the City of Encinitas Planning & Building Department for a Design Review Permit and Coastal Development Permit for approval of a second story green building incentive addition to the Property, for a future yoga studio business. The City of Encinitas Planning & Building Department returned Case #12 -129 DR /CDP plans requesting various actions as indicated in the Review Notes letter dated September 25, 2012 (Exhibit 1A). 669 2nd Street, Encinitas } Case No. 12 -129 DR /CDP 3 -19 With respect to parking on the property, the City of Encinitas Planning Department verbally \ _ requested further information regarding the historical availability of on -site parking at the Property. Associate Planner, Mr. Todd Mierau, contacted architect, Bart Smith, via telephone on October ist. Mr. Mireau requested that Mr. Smith determine the number of existing parking spaces on the Property to be added to the on- street parking credit (1.875) and the additional spaces required by the Downtown Encinitas Specific Plan requirements for building additions. On October 9, 2012, Mr. Smith and Ms. Lhotse Hawk met with Mr. Mierau at which time he recommended Ms. Hawk and Mr. Smith investigate the historical status and parking history for the Property. Mr. Mierau indicated if there was never on -site parking, after the incorporation of the City of Encinitas in 1986 to the present date, Specific Plan requirements would be met by the proposed ratio calculations of 1 parking space per 300 sq. ft. of addition and the two on- street parking credits (1.875). 3.0 Property & Parkin Hg. istory: Prior to Encinitas City Incorporation 1925 -1985 In order to determine the history of on -site parking for the Property, it is necessary to review the historical context of the Property from time of the original construction and intended use of the Property. According to the Title Report, the County of San Diego first recorded the Property site in 1883. The Property is believed to initially been developed in 1901. According to the Commercial Industrial Building Records (Exibit 2A) for the Property, permit for construction of the main commercial building was in 1925 by the San Dieguito Irrigation Water District. Based on review of the 1901 topographical map, the site area looks developed. Aerial photographs presented or reviewed all clearly show that the site never had on -site parking. The first aerial photographs show the site developed in 1939. Aerial photographs from subsequent years are included in Exhibit 2B. It is noted that the As early as 1947, Property aerial maps show the Property was developed between % and % of the total lot and covered by structures with an 8 ft. high fence along the entire alley. According to the "Encinitas General Plan Update Current Conditions Report ", dated October 2010 (Exhibit 2C), the Property is documented as the "Irrigation District Office ". Based on the information from Chapter 11, "Cultural Resources," the San Dieguito Irrigation Water District Office was founded in 1923 when a water supply between Lake Hodges and Encinitas was established. Supporting that information is the Sanborn fire insurance map dated as 1929. The 1929 Sanborn fire map shows the subject site developed with the western 2' Street % of the building a "Water Office," the back % of the building "Piping Supplies," and the remaining lot square footage as "Pipe Stge ". In the San Dieguito Irrigation Water District Office Meeting Minutes (available on the online Encinitas City Archives Laser fiche) mentions of pipe, tank, and equipment storage behind the Irrigation Water District Office building located on tad Street between 1927 and 1961, indicate that the lot behind the building was used as a shop and storage facility for their 669 2nd Street, Encinitas q Case No. 12 -129 DR /CDP 3 -20 equipment including but not limited to: pipes, tanks, tractors, concrete mixers, sheet metal, ' fittings, sand, gravel, and other hardware. Parking for Irrigation Water District office patrons was on 2nd Street, and employee and truck parking was leased from the adjacent lot to the South. San Dieguito Irrigation District meeting notes, dated March 10, 1961 (Exhibits 3A -3C), supported this fact, siting construction bids concerning possible upgrades and repairs to the Property. At the time, the San Dieguito Irrigation Water District was debating building a new facility on D Street Pages 19 -22 of these meeting notes includes a bid letter from James C. Fowler & Son indicating that the Property lacks sufficient parking to warrant a "remodeling program" to the Property building and "structures ", citing, "Modern commercial construction demands facilities for parking cars. No such space is available at this location." Mr. Fowler's letter goes on to include additional notes with respect to the usage of the lot: "A. Lack of adequate access at rear entrance. B. Limited space for expansion. C. Inadequate space for storage of presently owned equipment." and "E. Existing buildings show lack of a master plan over the years, creating a bodge - podge of additions, both temporary and permanent, out buildings temporary and permanent, and shop and work facilities which were designed to meet an immediate need and are probably inadequate at present." According to San Dieguito Irrigation. District meeting notes dated October 10, 1961, the District had leased parking from "the parking lot next to the existing district office building... the district's lease on the lot was to be cancelled effective November 1`(1961)" when they moved to their new office facility (Exhibit 3B). The County Commercial - Industrial Building Records for the Property additionally support these claims making no reference to any on -site parking facilities. Despite several entries in the Building Records, there is no mention of vehicle support structures such as a garage, carport, or parking area. Furthermore, the Building Records reflect that the Property was occupied continuously by governmental agencies or businesses that did not utilize on -site parking. In the 2010 Encinitas General Plan Update Current Conditions Report, the Property is identified as the San Dieguito Irrigation District office in a chart titled "Exhibit 11 -1" as: 669 2nd Street, "Local Landmark ", and, at the time of the 2010 Survey, the condition of the Property was "No Significant Change" (See Exhibit 4A). This 2010 survey indicates that, from the time of occupancy of the San Dieguito Irrigation District, until November 1961, and up to the 2010 survey, no parking existed on the east 1/3 of the Property lot. The east portion of the Property remained machinery, hardware, storage and mechanical shop until this report generated by the City of Encinitas in 2010, and subsequent remediation in June 669 2nd Street, Encinitas S Case No. 12 -129 DR /CDP 3 -21 2012. This conclusion is further documented and supported by letters from local Encinitas business owners in the immediate area including Alex Stanton, Owner Encinitas Test Only Center, Tom Meyers, Owner, Custom Picture Framing, Charlie Sougias, Owner, Charlie's Foreign Car Service, David Agyagos, Owner, Moonlight Screenprinting and Bart Smith, Owner, DZN Partners (Exhibits 1B -1G). These letters reveal that the community was aware of the way the property was utilized and that it was well known that no on -site parking was available on the Property. Commercial Uses for Property 1925 -1975 1925 -1961 San Dieguito Irrigation Water District Office 1962 -1969 Electro- Oceanics, Inc. 1970 -1975 Hymies Trading post' 4.0 Property & Parking. History: City of Encinitas Incorporation 1986 Present Since the incorporation of the City of Encinitas in 1986, the property has had several tenants in the building portion of the Property; the remaining portion of the Property has continuously been used as an auto repair business. In 1976 the Better Business Bureau identified Dennis Murphy as the owner and operator of Southwest Auto located in the east 1 /3 of the Pro j perry, identified as 682 % South Coast Hwy 101, Mr. Murphy owned the Property until his death in 2006. Both office and auto repair were permitted uses under the County zoning code GC designation prior to City of Encinitas incorporation in 1986, and no special permit was required to operate either business on the Property. Therefore, there are no permit records for this Property with respect to auto repair. The auto repair tenants did at all times maintain a license from the bureau of automotive repair. During his occupation of the Property, Mr. Murphy did not have parking for his customers or employees. Southwest Auto used the neighboring vacant lot on the south side of the shop, known as 6812' Street, for customer and employee parking, until its development in 2008.. After 2008, when new construction made parking unavailable in the adjacent lot, Mr. Murphy leased parking spaces from nearby business Encinitas Test Only Center a.k.a. "The Smog Station ". After Mr. Murphy's passing in 2006, Encinitas Auto Body owner, Dave Cartwright, leased and occupied the back portion of the Property from 2006 -2012. When 3 Information compiled from: San Dieguito Irrigation Water District Office Meeting Minutes /Commercial Industrial Building Records 1925 -1970. 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 3 -22 the Property changed ownership in 2006 from Mr. Murphy's Trust to Nicole Gasperoni and Bond Fletcher, of Typehaus Inc, Mr. Cartwright leased parking space from adjacent properties owned by Keith Harrison and Alex Stanton (Exhibit lA -1B). During the 2012 purchase of the Property, HCH LLC assumed the lease agreement with Encinitas Auto Body owner, Mr. Cartwright (Exhibit 111), in the amount of $3500.00 per month; utilities would continue to be billed and paid separately. There are two gas meters and electrical utility boards to the Property: one for the 2nd Street building, and one for the shop area behind the building, respectively. The gas and electric utilities installation is estimated to be prior to 1961, and may have been constructed for the San Dieguito Irrigation Water District Offices for their shop area as early as the 1920s. Information from former owner, Bond Fletcher of Typehaus, indicated that the auto shop had paid separate utilities from his business (located in the 2' Street building) and that the billing address SDGE solicited payment for Encinitas Auto Body was the 682 % South Coast Hwy 101 address. Clearly, the utilization of separate utilities was not indicated or ever used for a parking lot or any outdoor lighting prior to or after 1986. Commercial Uses for Property 1976- Present 1976 -1989 Encinitas Trading /Southwest Auto, Dennis Murphy (Identified as 682 '/z South Coast Hwy 101) 1990 -1995 Encinitas Printing & Images Enhancer Prd. /Southwest Auto 1995 -2006 Moonlight Screen Printing /Southwest Auto 2006 -2012 Typehaus Electronics Repair /Encinitas Auto Body (identified as 682 '/2 South Coast Hwy 101) 2012 -2013 Property empty pending building permit approvals' for Hawk Chick's Holdings LLC 'Haines CrissCross Directory 1970 -2012 business listings and uses for 669 2nd Street Property 669 2nd Street, Encinitas 7 Case No. 12 -129 DR /CDP 3 -23 5.0 Parking History Review Historically, public, patron, or employee arkin 2nd p � parking for the property was on 2 Street. Initially, prior to the City's Incorporation, parallel spaces were available at the west entrance to the Property. In the late 1990's 2nd Street parking was reconfigured to increase parking availability by creating head -in angled parking on the east side of 2' Street. The west side of 2' Street presently remains parallel parking. The credited amount of street parking spaces for the Property is 1.875, rounded to two (2) spaces, per Sec. 30.54.020B -G of the General Provisions of the City of Encinitas Municipal Code. Meeting notes from the April 18, 2012 Staff Advisory Committee (SAC) Meeting (Exhibit 2D), requested by Ms. Hawk, prior to her acquisition of the Property, stated, "The existing on -site and prorated street parking would be considered as meeting the parking requirement for existing legal structures on the property. Any new additions are required to provide additional parking to the Specific Plan standards." Therefore, it was our understanding that the considered lack of any on -site parking, the two (1.$75) prorated street parking spaces would qualify as meeting the requirement for the Property upon submitting the addition design plans to the City of Encinitas. Recognizing a potential need for employee parking, Ms. Hawk entered into a parking lease agreement with the adjacent property to the north of the Property for 5 additional spaces C through September 2015 with the right to extend until 2020 (Exhibit 11D. Ms. Hawk and HCH LLC are aware of the potential concern for insufficient parking, given the proposed new use of the building and future uses of the building. That is why the proposed Property design is being parked to the maximum extent possible and why Ms. Hawk and HCH LLC will continue to have short term parking agreements for employees. Other short term or joint use parking solutions are being researched by HCH LLC for possible additional parking lease or permitted use agreements for off Property and /or valet parking. 6.0 Conclusions There are several supporting arguments to evaluate and accept the number of parking spaces proposed by the DNZ Partners and HCH LLC submitted design plans for the parking at the Property. None of these arguments create a general precedence for future building renovations design submittals in the downtown Encinitas corridor to appeal the parking requirements as specified in the Specific Plan. That the Property has never had parking, except for the on street parking located on 2nd Street, is historically well documented. The Property has historically had 1.875 spaces (2 spaces) for parking on 2nd Street since long before the City of Encinitas incorporated in 1986. Even with the proposed change of use, the number of parking spaces required by the Downtown Encinitas Specific Plan, Use and 669 2nd Street, Encinitas 8 Case No. 12 -129 DR /CDP 3 -24 Development Regulations, Section 3.3 Parking, Table 3 Required Parking Item C. states, "For additions to or increases of gross floor area of existing buildings, g or new development proposed to replace existing buildings on the site, the number of required parking spaces is the fewer of either: the total number required for the development site for the combination of uses per the ratios specified above (Table 3 of Sec. 3.3); or the number of existing parking spaces on the development site before new development; plus additional spaces as required by the ratios specified above for the proposed addition or increase in floor area." The total required number of spaces is 7 (2 (1.875) existing spaces plus 5 spaces for the 1500 sq. ft. addition). The Specific Plan does NOT contain any provisions that stipulate that, if you create parking spaces on a site containing no on -site parking, you must first allocate any newly created spaces to the existing building area as the ratios required by County Zoning, City Municipal Code or the Downtown Specific Plan. The Historical Preservation consideration of Property is recognized both by the 2010 Encinitas Historical Resources Inventory and qualifies under the national Historic Preservation Certification requirements (built prior to 1936) as a historic property. In Section 8 of the Downtown Encinitas Specific Plan, it states, "Projects eligible under this strategy (Historical Preservation) include those listed in the Historical Resources Inventory, and shall be implemented on a case-by-case basis." We propose that this Property be recognized, by the City of Encinitas Planning Commission, as one of those cases. Therefore, according to the Downtown Encinitas Specific Plan, Use, and Development Regulations, Parking Section 3.3, "an incentive for the remodeling and reuse of existing buildings in the South Coast Highway 101 (First Street) corridor. This is an economic development strategy for the Downtown Encinitas area. Citywide standards currently allow existing buildings a parking "break" in that, when an addition is proposed to an existing building, if the development site will not allow the full parking requirement to be provided, the parking requirement must be met only for the floor area of the new addition rather than the whole building. Upon a change of use, however, if the new use has a higher ratio requirement than the previous use, citywide standards require the full parking requirement for the new use to be provided. This specific plan allows existing buildings the same parking break as in the current citywide standards but expands it to apply to any change of use irrespective of the parking ratio requirement. This applies only insofar as the development site is restricted so as to preclude the provision of parking." The project design as submitted utilized the Specific Plan incentive program for the remodel and reuse of existing buildings allowing all newly created parking to be credited toward additional building area. Given the lack of existing on -site parking and applying the same ratio for additional parking for the new use of the building, the maximum number of spaces required by the parking ratios (i 669 2nd Street, Encinitas 9 Case No. 12 -129 DR /CDP 3 -25 j per 300 sq. ft.) for the new use on the Property given the square footage of the addition (1500 sq. ft.), the addition of five spaces is the maximum required b Ordinance 2011-05.1 q Y Finally the Property site, with the 5 additional parking spaces proposed as part of this project, and considering the footprint of the existing building, the Property will be parked to the "maximum extent possible" as specified in the Specific Plan. Given the minimal lot size of this historic lot, the ' configuration of the parking design was a difficult park of the design process from its inception. We believe that the proposed parking design is the most effective use of this site and satisfies the Specific Plan ratios for additions to existing buildings. The Specific Plan, Section 8.0 Historic Preservation, # Specific Plan Provisions Affecting Historic Resources states, "The development standards in the Specific Plan provide for minimal lot sizes, setback and landscaping requirements. Designed to be more reflective of the existing development pattern, the development standards (primarily for First and Second Street corridors) provide for a more flexible building envelope that will enhance viability of the area's historic structures. This may provide more incentive for rehabilitation and preservation, rather than encourage demolition of the Downtown's older structures." It is our hope and opinion that the design submittal for the Property satisfies the requirements required by the Specific Plan. We appreciate your time and consideration regarding the parking issues for the 669 2nd Street property building addition. Should you have any further questions or concerns please feel free to contact Architect, Bart Smith or HCH LLC Managing Member, Lhotse Hawk. Bart Smith DZN Partners 760.753.2464 b.smith@dznpartners.com Lhotse C Hawk Hawk Chicks Holdings, LLC 760.452.6481 Ihotsehawk@grnail.com 5 Ordinance 2011 -05 also applies to the Second Street corridor subdistrict. 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 10 3 -26 Exhibit Listings Section 1 # of pages IA: City of Encinitas Design & Coastal Development Permit Review Notes 6pg 1B: Letter from Mr. Keith Harrison 1pg 1C: Letter from Mr. Alex Stanton 1pg 1D: Letter from Mr. Charlie Sougias 1pg lE: Letter from Mr. Tom Myers 1pg 1F: Letter from Mr. David Agyagos 1pg 1G: Letter from Mr. Bart Smith 1pg 1H: Auto Tenant Lease Agreement Nicole Gasperini (Typehaus) & Dave Cartwright to Lhotse Hawk (HCH LLC) lopg 1I: Parking Lease Agreement Nicole Gasperini (Typehaus) & Lhotse Hawk (HCH LLC) 6pg Section 2 2A: Commercial - Industrial Building Record 4pg 2B: Apal Photographs 1939 -2010 14pg 2C: Encinitas General Plan Update 2010 Pages as Apply 4pg 2D: Staff Advisory Committee Meeting Notes April 18, 2012 3pg Section 3 3A: SDWD Meeting Minutes Feb. 1961 Letter from Fowler & Son:No on -site parking 4pg` 3B: SDWD Meeting Minutes Oct. 1961 Dist. Office Lease on Parking to expire 2pg 3C: SDWD Meeting Minutes May 1960 -Oct. 1961 20pg Section 4 Reference Materials - 4A: San Diego County Zoning Matrix 1987 4B: Encinitas General Plan Pages as Apply 4C: Encinitas Specific Plan: 2" Street Corridor Pages as Apply 4D: Omitted — No relevance. 4E: Documentation Related to Southwest Auto 4F: Documentation Related to Encinitas Auto Body 669 2nd Street, Encinitas 11 Case No. 12 -129 DR /CDP 3 -27 EXHIBIT 1A 6PAGES w City of Encinitas Planning and Buifding Department Current Planning Division S. Avenue, Encinitas, California 92024-3633 September 25, 2012 Bart Smith, Architect DZN Partners 682 Second Street Encinitas, CA 92024 Re: Case No. 12 -129 DR/CDP, 669 Second Street (APN: 258- 162 -09) Dear Mr. Smith: Thank you for submitting a project for Design Review Permit and Coastal Development Permit for a proposed Yoga studio in Downtown Encinitas. This letter is to inform you that staff has reviewed the above referenced project and has determined that additional materials are necessary at this time, prior to scheduling this item for a public hearing. The attached list itemizes the issues related to the project and additional information required at this time. Please be advised that the additional information and issues noted on the attached list and /or within the attached check prints must be completely submitted and/or addressed prior to scheduling this item before the Planning Commission. Please submit the required items to the Planning and Building Department as soon as they are available, so that we can continue the timely processing of your project. If you have any questions regarding the above referenced project, please do not hesitate to contact me at (760) 633 -2693. Sincerely, Todd erau Associate Planner REVIEW NOTES Tel (760) 633-2 710; ,pct,.• (760) 633-2818 3 -28 EXHIBIT 1A PG 2 CASE NO. 12 -129 DR/CDP Provide elevations, site plans, roof plans and preliminary landscape plans with all the required information as indicated in the attached "Required Drawing Elements" portion of the application. See the checked boxes attached at the end of the Discretionary Permit Application (A -1). • Provide the required items checked as needed in the "Required Drawings Elements" portion of the application. See the attached sheets for reference. o Label proposed doorways upstairs in the main studio area (is the decorative metal screen attached to the fagade or loose)? Label the decorative metal screen wall is fixed to glass (is this correct ?). • Dimension proposed setbacks to property line. • Show parking stall dimensions. • Show back -out area of 24 feet from end of stall to far side of alley. 2. Please provide clear materials samples (maybe the actual color cards ?). The ones provided are not very clear. 3. Provide a letter from EDCO stating that the proposed trash enclosure (utilizing a recycling can and trash can versus a trash bin) is acceptable for this use at this location. 4. Please confirm that the ADA signage is accurate (per CBC) for the proposed ADA parking stall. 5. The applicant shall be responsible to underground the existing overhead utilities that service lines running to the building. This shall be called out/depicted on the DR/CDP site plan. 6. The applicant shall provide onsite stormwater pollution control BMP facilities to collect and treat all runoff generated by new impervious surfaces. The DR/CDP site plan shall be revised to accommodate this requirement. 7. The applicant shall provide public improvement along the property frontage to the satisfaction of the Engineering Services Director. The public improvements shall include alley improvements necessary to ensure that the entire alley be paved with PCC, and that the PCC paving slope to the center of the alley. Currently there is a 2 -3" curb within the public alley that shall be removed and paved with PCC to ensure the entire alley is paved from PCC and sloped to the center. This may require additional pavement work to ensure the pavement slopes correctly. These improvements shall be shown on the DR/CDP site plan. 8. Two exits required from second floor. See Fire Prevention for details. Please show on plans. • Exiting shall be provided per CBC for outdoor patio area. Please show on plans. - 2 - 3 -29 G---' EXH161T 1A PG 3 Application No.: REQUIRED DRAWING ELEMENTS A vital part of any application package is a properly drawn, complete internally consistent set of drawings. Please read through this checklist carefully. Unless otherwise indicated, you must provide all of the following information on each set of drawings submitted. You will need to prepare 10 sets of drawings. All plans must be accurately scaled and dimensioned. PLEASE NOTE BOTH THE STATE OF CALIFORNIA AND THE CITY OF ENCINITAS HAVE LEGAL REQUIREMENTS FOR WHO MAY PREPARE DEVELOPMENT AND LANDSCAPE PLANS. ALL APPLICATIONS MUST INCLUDE THE NAME SIGNATURES AND PROFESSIONAL LICENSE OR REGISTRATION NUMBERS OF THE PREPARERS. CHECK WITH CITY STAFF FOR WHO MAY PREPARE PLANS. Needed N/A Item ❑ ❑ A. Site Plan. The site plan shall indicate: ❑ ❑ 1. All exterior site boundaries, correctly scaled and dimensioned. ❑ 2. Location of buildings and structures both existing and proposed, relative to each other ❑ and to site boundaries. Indicate extensions of rooflines beyond building walls. 3. Location of off - street parking and loading facilities, and their dimensions. ❑ ❑ 4. Location and dimensions of all driveways. access roads, and curb cuts. indicating the type of construction material. ❑ ❑ 5. Location and dimensions of present and proposed street and highway dedications . required to handle the traffic generated by the proposed uses. ` t ❑ 6. Location of walls. fences and hedges, and the indication of their height and type of ❑ construction materials. 7. Location ' of refuse collectionlenclos es a an dicatio f the Neigh and type f construction materials. 0.0,0 ❑ ❑ 8. Location and type of significant vegetation and. indicate whether they will remain or be removed. 9. Locations and calculations of areas proposed to satisfy landscaping requirements, and landscaping required for parking areas. ' ❑ 10. Location and dimensions of easements. ❑ 11. Location of nearest buildings adjacent to the project site. ❑ 0 12. Location and dimensions of significant waterways, flood plains and /or other topographical features. 0 ❑ 13. Depiction of existing site contours and all proposed grading. For housing developments, plotting and plan types• exterior treatments (elevations) and color schemes. ❑ 14. Depiction of existing and proposed drainage facilities, 0 ❑ 15. Depiction of existing and proposed public sanitary sewer and sewer laterals. Indicate which sewer agency will be serving the property, if applicable. Show location of existing and proposed septic system. ❑ 16. Location and dimensions of any on -site trailer proposed to be used for construction office or residential purposes during construction, together with all related facilities. 17. Location of BMP stormwater treatment areas and drainage flows thereto. B. Lighting Plan. The lighting plan shall indicate exterior lighting standards and devices. The plan shall be adequate to review possible hazards and disturbances to the public and adjacent properties. Fixture cuts from manufacturer shall be provided for all fixtures proposed, describing dimensions, materials and colors. PBD \ \T :\Applications and Forms \originals \Discretionary Permit Application doc Updated: 2012 -08 -14 3 -30 EXHIBIT 1A PG 4 C—) Application No.: C 1 Needed N/A Item ❑ ❑ C. -Sign Program (if signage is to be provided).. The sign program shall indicate: ❑ 1. Location and size of existing and proposed exterior signs and outdoor advertising. 0 2. The nature of temporary or seasonal on -site advertising. ❑ ❑ 3. Complete drawings indicating design, materials and colors of proposed si na e. ❑ ❑ D. Preliminary landscape and irrigation plans showing landscaping, paving and other hadscape- and irrigation. Such plans shall clearly indicate: ❑ 1. Plant schedule on the plans indicating the botanical and common name of all plants and the size and location of each plant. The landscape plan shall indicate which plants are proposed to be planted new and which are existing on site, proposed to be retained.' ❑ 2. Approximate location of all irrigation lines and heads. ❑ ❑ 3. Traits. walks, fences, walls (freestanding and retaining walls shall be differentiated). ❑ 4. Parkway planting and irrigation. including street trees. ❑ ❑ 5. Areas paved for parking or driving, differentiated from areas intended for landscape ❑ planting or hardscape. 6. Calculation of site area devoted to landscaping and percentage of parking lot area devoted to landscaping. ❑ ❑ 7. A scale of no less than 1 "= 100' shall be used for all landscape and irrigation plans. ❑ ❑. E. Elevations. Elevation plans are not to be conceptual, and must accurately show proposed finished building appearance, consistent with site plans and floor plans. Provide elevations of all exterior building walls including courtyard elevations. Elevations shall indicate: 1. Building materials and colors: (samples of building materials a d colors sh uld also be X❑ submitted: i.e.. color chips). fir`'", AtZ Wry c_ �� sky► ej 2. The height of buildings and structures and all applicable dimensions, from the lower of existing exterior grade or proposed finished exterior grade. ❑ ❑ 3. Any exterior mechanical equipment along with any proposed screening of such. ❑ ❑ ❑ 4- Roof treatment. ff 5. Window and door treatment. ( C A �f) Ae I ❑ 6. Notes or details sufficient to define all desig features, and sizes. 0 ❑ 7. For housing developments, shadows to indicate horizontal depths, done in a technique that does not obscure elevation features in shadowed areas. ❑ ❑ F. Floor Plans for each floor, denoting room type and interior configuration, accurately scaled and dimensioned. ❑ G. Architectural and Engineering Data. Such other architectural and engineering data as may be required to permit necessary findings that the provisions of this code are being complied Willi. ❑ ❑ H. Vicinity Map showing location of subject property on site plan. ❑ ❑ 1. Proposed Attachment or Addition to Existing Building. Where an attachment or minor addition to an existing building or structure is proposed, the plan shall indicate the relationship of such proposal to the existing development. cr�. 3 -31 PBMTAApplications and Form Moriginals0scretionary Permit Application.doc Updated: 2012 -08 -14 EXHIBIT 1A PC 5 (7) September 21, 2012 12 -129 DR/CDP, 669 Second St, 258- 162 -09, Hawk Chicks Holdings, LLC. Planner: Todd Mierau Project: Second story addition to existing building fora yoga studio Note to Planner: These are corrSctfons to the CDP site plan. NOT conditlans of eggroval The applicant shall address these concems and resubmit. 1. The applicant shall be responsible to underground the existing overhead utilities that service lines running to the building. This shall be called out/depicted on the DR/CDP site plan. 2. The applicant shall provide onsite stormwater pollution control BMP facilities to collect and treat all runoff generated by new impervious surfaces. The DR/CDP site plan shall be revised to accommodate this requirement. 3. The applicant shall be provide public improvement along the property frontage to the satisfaction of the Engineering Services Director. The public improvements shall include alley improvements necessary to ensure that the entire alley be paved with PCC, and that the PCC paving slope to the center of the alley. Currently there is a 2 -3" curb within the public alley that shall be removed and paved with PCC to ensure the entire alley is paved from PCC and sloped to the center. This may require additional pavement work to ensure the pavement slopes correctly. These improvements shall be shown on the DR/CDP site plan. 3 -32 EXHIBIT 1A PG 6 PROJECT REVIEW REQUEST CITY OF ENCINITAS P l a n n i n g & B u i l d i n g D e p a r t m e n t 505 South Vulcan Avenue Encinitas, CA 92024 -3633 COMMUNITY AREA: DOWNTOWN ENC SPECIFIC PLAN SUBMITTAL DATE: 8/30/12 CASE NUMBER: 12 -129 DR /CDP FINANCE NUMBER: N/A APPLICANT: Hawk Chick's Holdings LLC PROJECT ADDRESS: 669 Second Street APN: 258 - 162 -09 DESCRIPTION: Design Review Permit and Coastal Development Permit to construct a second story addition to an existing commercial building for a future Yoga studio. To: Patrick Murphy, Planning and Building Director TRANSMITTAL DATE: 8/30/12 Tom Curriden, City Planner RETURN BY: 9/21/12 Laurie Tremor, Associate Planner FOLDER REQUEST TYPE: G (Large Accordian) Scott Environmental Coordinator "' *inclulde e photographs" RETURN REVIEWED PROJECTS TO: Ron Barefield, Housing Administrator LILT HIDALGO, Ext. 2720 V Mark Beauchamp, Building Division Supervisor PLANNING & BUILDING DEPARTMENT Joan Kling, Code Enforcement Manager VNRobert �- ® Scott, Fire Marshal For questions or comments, please contact: Rob Blough, Traffic Engineer Tod d Mierau Ext. 2683 Masih Maher, Senior Civil Engineer VN Blair Knoll, Associate Civil Engineer, San Dleguito Water District El John Frenken, Parks and Beach Superintendent ❑ Jim Knowlton, Geotechnical Consultant (Engineering) F] David Van Pelt, GIS Project Manager * *TMs and TPMs only** Q Howard Whitlock, Assistant Superintendent "ROW-related Projects ** ❑ Jonathan L. Kramer, Wireless Consultant * *Please refer to EMC 9.70.080 ** Sheriff's Office (Encinitas): Crime Prevention Specialist Heather Clark (760 -966 -3587) Sheriffs Office (Encinitas): Deputy Sheriff Brent Longfellow (760- 966 -3583) ** MIN for Alcohol-Related Projects ** California Coastal Commission (619 -767 -2370) A C T I O N R E Q U E S T E D* *CONTINUE COMMENTS ON BACK IF NECESSARY ** Initial Review Re- review, Note Changes Reviewed by :. Date: Comments to Planner: 3 -33 _\Templates= Forms\Project Review Request Form — Intemal.dot Last Revised: LH - 8/30!203 December 12, 2012 To whom it may concern: Encinitas Test Only Center 682 S Coast Highway 101 Encinitas, CA 92024 Phone: 760- 436 -7582 EXHIBIT 1C I began servicing cars at 682 South Coast Highway in downtown Encinitas in 1980. in 1999 we became a smog test only center and I continue to operate the smog test only business today at that location. When I started my business 1 quickly became acquainted with Dennis Murphy as his business, Southwest Auto, was right across the alley from mine and we had similar business interests. I believe Southwest Auto was started in the space C)ehind the building at 669 2nd St around 1976, became Encinitas Auto around 2007 and was operating at 669 2nd St up until a few months ago. Dennis and his co- worker, David Cartwright, worked together to repair and restore vehicles in the space and had an office trailer, storage building and open covered areas set up to conduct business. Security was important to them so they had a tall fence, with a sliding gate, along the alley that strongly regulated access to their work space. They were a busy auto body repair and restoration shop and the space was constantly filled with vehicles in the process of being repaired. As i had a large lot l often let them park their personal vehicles and customer vehicles on my property. As an adjacent neighbor I constantly observed what was happening at their business and I can say that they filled their space with work and there was never on -site parking available for them or the occupants of the building in front of the property. The property at 669 2nd Street has always been operated as two distinct businesses without on -site parking. Contact me if you have questions. ,,-Regards, Alex Stanton, Owner Encinitas Test Only Center 3 -34 a EXHIBIT i ruicing Qu �r� #� r.� Cars Si �e X978 December 10, 2012 To whom it may concern: I began Charlie's Foreign Car Service on 2 "d Street in downtown Encinitas in 1978. We have been in our current location since 1988. Being in a similar business to Dennis Murphy I became acquainted with him soon after I opened for business in 1978. He operated an auto body repair and restoration business at 669 2 "a Street called Southwest Auto that was there before I started working in downtown Encinitas. It was located in the space behind the building. Over the years the building was rented to a number of different businesses, but Dennis and Southwest Auto were a continuous presence at the site until 2007. It's my understanding that in 2007 Dave Cartwright, an employee of Southwest Auto, continued providing auto body and restoration services under the name of Encinitas Auto until 2012.1 have intermittently visited land regularly driven by the property over the years and only saw cars being repaired on site. It always appeared that the entire property was being utilized by the auto body business and there was no on -site parking. I did not ever witness on- site parking for the owners or employees of the auto body shop or the tenants of the building. I believe 1 heard that from time to time they may have rented parking spaces from Alex Stanton at the Smog Test Only center across the alley. Please contact me if you have any questions. Sincerely, Charlie Sougias, Owner . Charlie's Foreign Car Service 751 Second Street Encinitas., CA 92024 Phone:, 760-753-4969 - e }sougias @me.com Cam° 3 -35 EXHIBIT 1E December 12, 2012 To whom it may concern: I was born and raised in Encinitas and have spent my entire life in and around downtown Encinitas. I opened Tom Myers Custom Framing at 672 2`d Street in downtown Encinitas in 1990. I shared the space with my Mother and her knit shop in those early years. She opened Terry's Knit Shop at our location in 1976. I learned of Southwest Auto soon after my mother opened her shop. It was located behind the building, across the street from our shop, at 669 2'a Street and was open before my Mother opened her shop. Dennis Murphy, Owner of Southwest Auto, has repaired a number of my 0vehicles over the last 36 years and always did a great job. I became very familiar with their operation and their business occupied the entire yard behind the building. They had a trailer office in the Southeast corner, a storage shed in the Northwest corner and a number of covered outdoor areas where they repaired and restored cars and trucks. The times I visited Dennis the area was filled with cars being repaired and I never saw any on -site parking available to employees or customers of the business. I did notice from time to time vehicles from Southwest Auto parked at 682 S Coast Highway. I never asked, but assumed that Dennis had a parking agreement with that business. I have seen a few tenants occupy the building at 669 2rd Street, the longest being Moonlight Screenprinting, and have always seen their personal cars and customer cars parking only in the on street parking spaces. I would feel safe in saying that in the time I was familiar with the property, and the dual businesses. setup that occupied the whole site, I did not ever observe any on -site parking. Sir Uom Myers 3 -36 EXHIBIT 1F December 7, 2012 To whom it may concern: The original location of Moonlight Screenprinting was in the building located at 669 2nd Street. I leased the complete building from 1995 to 2007. i shared the property with Dennis Murphy and his business, Southwest Auto, during the whole time Moonlight Screenprinting was located at 669 2nd Street. Dennis and I shared the property as tenants from 1995 to 1998 and then Dennis bought the property and I was his tenant until his death in 2007. Dennis operated his auto 0 body repair and restoration business in the entire area behind the building. He had a modular office trailer; storage shed and a variety of roofed outdoor areas that he used to conduct his business. The complete lot, outside of the building I occupied, was used by Southwest Auto for business purposes. There was not any on -site parking for either business. My employees and I parked exclusively on the street while my business was at that location. Dennis and his employees parked on the street too or in parking spaces Dennis leased from the Smog Test Only business located across the alley at 682 S Coast Highway 101. if you have any questions please contact me using the information provided below. Sincerely, David Agyagos, Owner Aoonlight Screenprinting 371 Second Street Encinitas, CA 92024 Phone: 760 -943 -0909 moonlightenc@aol.com 3 -37 (7) To whom it may concern: EXHIBIT 1G .rte. p a r t n e r s A R C H I T E C T U R E December 13, 2012 The DZN Partners office at 682 2 "d street opened in August of 1992. Twenty years later we are still providing architectural services at the same location. I am very aware of what happens on my block of 2nd street and in the Downtown Encinitas community because of my profession and my involvement Downtown Encinitas Mainstreet Association. 669 2nd street is directly across the street from my office. In all the years I have been in this office 669 2nd St has been a dual business property. The front office building has had 4 tenants over the last 20 years and the rear business has had 1 tenant. The rear business was an auto body repair and restoration business. The owner was Dennis Murphy for 15 years and David Cartwright for 5 years. I have had 4 cars repaired by Southwest Auto. Dennis was also a client of DZN Partners. Together we did two projects. We provided Dennis with architectural services for a detached garage and accessory unit on Hermes Ave and for a room addition on Crest Drive. I am giving this background so that you'll understand that I am intimately aware, of the situation at 669 2nd St as I have visited the site numerous times over the years. The site, in my experience, has never supported the on -site parking of vehicles. The office building tenants have never parked their vehicles on site. The only vehicles ever to be on site were inoperable vehicles that were being repaired by the Southwest Auto. Southwest Auto body employees either parked on the street or in spaces borrowed or leased from adjacent properties at 681 2nd Street or 682 S Coast Highway 101. The existing building parking was solely supported by the adjacent on street parking for the twenty years I have been part of the downtown community. Regards, `r W. SOA--- art McRitchie Smith, AIA U a 682 2nd street encinitas ca 92024 1 v 760.753.2464 1 f 760.753.0600 1 e info @dznpartners.com I w dznpartners.c m °3 -38 . EXHIBIT 1H 1 DPGS CALIFORNIA COMMERCIAL LEASE AGREEMENT � ASSOCIATION Ift ;j V OF REALTORS ® (C•A•R. Form CL, Revised 11/11) Date (For reference only): May 22, 2012 Bond Fletcher Nicole Gasperoni ( "Landlord ") and na 1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property " agree as follows: p perry and improvements described as: That portion of 669 comprise approximately 40.000 % of the total square footage of rentable space in the entire property. � ("Premises , w I description of the Premises. P leerty. See exhibit _ N/A for a further 2. TERM: The term begins on (date) Av 24 P012 (Check A or B). ("Commencement Date "), ® A. Lease and shall terminate on (date) September 24. 2012 at p ❑ AM 10 PM, Any holding over after the term of this agreement expires, with Landlord's consen , s a create a month - to-mon T tenancy that either party may terminate as specified In paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable In advance. All other terns and conditions of this agreement shall remain In full force and effect. ❑ B. Month- to- morrth: and continues as a month -to -month tenancy. Either party may terminate the tenancy by giving written notice to the other at Cl least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date. C. RENEWAL OR EXTENSION TERMS: See attached addendum No Extensions unles mutually agreed In signed writing 3. BASE RENT: A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) ® (1) $ 3 500.00 _� per month, for the term of the agreement. 13 (2) $ per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ( "CPI ") for (the city nearest the location of the Premises), based on the following formula: ass ent Ra emu plied by t e most current preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate Index that most closely reflects the CPL ❑ (3) $ per month for the period commencing and ending and per month for the period commencing and ending $ r month for the and Pe period commencing and endin 13 (4) In accordance with the attached rent schedule. 9 - ❑ (5) Other: 1 B. Base Rent is payable in advance on the 1st (or ❑ 24th ) day of each calendar month, and is delinquent on the next day. J C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first Calendar month shall be rorat based on a 30-day period. If Tenant has paid one full month's Base Rent In advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30-day period. 4. RENT: A. Definition: ( "Rent") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit. B. Payment: Rent shall be paid to (Name) Landlord for their assignee) at (address) the office space located at 669 2d Street Enclnita3 CA , or at any other Incatlon specifier( by d a specified Landlord ,, mlm la W 1CIIGIII. C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord. 5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on atav 23 2012 If Tenant is In possession prior to the Commencement Date, during this time (1) Tenant Is not obligated to pay Base Rent, and (IQ Tenant ❑ Is ® is not obligated to pay Rent other than Base Rent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement. 6. SECURITY DEPOSIT: A. Tenant agrees to pay Landlord $ as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) ❑ If Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (1) cure Tenant's default in payment of Rent, late charges, non - sufficient funds ( "NSF ") fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (111) broom dean the Premises, if necessary, _upon termination of tenancy; and {iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (I) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant. However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit, unless required by local ordinance. Landlord's Initi O O Tenant's Initials {) ( ) The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form,. or any portion thereof, by photocopy Vine or any other means, including facsimile or computerized formats. r= right © 1998 -2011, CALIFORNIA ASSOCIATION OF REALTORSO, INC. [ouuxWSe+c ., RIGHTS RESERVED. OPPORTUNITY CL REVISED 11/11 (PAGE 1 of 6) Reviewed by Date COMMERCIAL LEASE AGRFFMFMT irr DAr_e , r,c c. Agent: Tyler Belong Phone: (858) 361 - 3532 Fax: (619 270 - 2534 Broker: Tyler J. Belong 525 B St. #1500, San Diego , CA 92101 ) Prepared using zipForm®software 'That portion of 669 2d Street, Eacinitas, cA'that is Premises: accessed by the Maly �r ly d Used as a Autokodv X_QPAjT 0hcnD Date May, 23, 2012 '7. PAYMENTS: 1t3TAi 1 PAYMENT .. _a) Rent From 03/2tf2p32 To 06/24 2012 R RMD ALA D i � pA r _( $ 3.500.00 $ $ Date Dale 3,500.00 05124/2022 . B. Security Deposit .......................... $ $ $ C. Other. $ $ $ Category . D. Other. $ $ $ cate—gory E. Total: .................................. $ 3_500.00 8. PARKING: Tenant is entitled to 9 unreserved and 0 reserved vehicle parking spaces. The right Saw to parking ❑ is 0 Is not included in the Rent charged pursuant to paragraph 3. If not Included in the Base Reent, the parking rental fee shall be an additional $ per month. Parking space(s) are to be used for parking operable motor vehicles, except for trallers, boats, campers, buses or trucks (other.than pick -up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked In parking spaces or on the premises. Mechanical work or storage of inoperable vehicles is not allowed in parking space(s) or elsewhere on the Premises. No overnight parking Is permitted. 9. ADDITIONAL STORAGE: Storage is permitted as follows: rewmt may use the entire nzwmisas t'or stp=yw. The right to additional storage space i] Is ® is not Included in the Base Rent charged pursuant to paragraph 3. If not Included in Base Rent, storage space shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the dean -up of any contamination caused by Tenant's use of the storage area. 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur. costs and expenses; the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges Imposed on Landlord. If any installment of Rent due from Tenant is - not received by Landlord within 5 calendar days after date due, or if a check is retumed NSF, Tenant shall pay to Landlord, respectively,. $ 100.00 as late charge, plus 10% Interest per annum on the delinquent amount'and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment Any late -charge, delinquent interest, or NSF fee due shall be paid with the current lnsWiment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant Landlord's right to collect a Late Charge or NSF fee shall not be.deemed an extension of the date Rent Is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided bylaw. CONDITiON OF PREMISES: Tenant has examined ".the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions: a'nv1=mwmt:Aa hares des era doteeted Per Sn3yronmental' raPost iasnitd on or ab orst 5113112 items listed as exceptions shall be dealt with in the following manner. 12. ZONING AND- LAND USE: Tenant accepts the Premises subject to all local, state and federal taws, regulations and ordinances ("Laws "j. Landlord makes no representation or warranty that•Premises are now or in the future will be suitable for Tenants use. Tenant has made its own investigation regarding all applicable Laws_ 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant , including, trithout limitation ail WAter e2i0tr1,2a2 setaot hone and gable utilities. 14. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay Its proportionate share of Landlord's estimated monthly property operating expenses, Including but not limited to, common area maintenance, consolidated utility and service bills, insurance, and real estate taxes, based on the ratio of the square.footage of the Premises to the total square footage of-the rentable space In the entire property. OR B. ® (if checked) Paragraph 14 does not apply. 15. USE: The Premises are for the sole use as an autobcdy :mats shop which Tenant reaz+ea4at: is a No other use Is permitted without Landlords prior written consent if any use by Tenant causes an increase in the premium on Landlord's existing property insurance, Tenant shall pay for -the increased cost Tenant will comply with all Laws affecting Its use of the Premises. 18. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, If applicable, Owner's Association) that are at any time posted on the Premises or delivered to Tenant Tenant shall not and shall ensure that "guests and licensees of Tenant do not disturb, annoy, endanger, or interfere with other tenants of the building or.neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing, or transporting Illicit drugs or other contraband, or violate any law or ordinance, orcommitting a waste or nuisance on or about the Premises. 17. MAINTENANCE: s A. Tenant OR ® (if checked, Landlord) shall professionally maintain the Premises including` heating, air conditioning, electrical, plumbing and water systems; if any, and keep glass, windows and doors in operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain the Premises; Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost B. Landlord OR[j (if checked, Tenant) shall maintain. the roof, foundation, exterior walls, common areas and Landlord's Initials () () pyright ©1998- 20`;1, CALIFORNIA ASSOCIATION OF REALTORS®, INC. REVISED 11/111 P �AGE 2 of 6) tenant's Initials ( I ( ) Reviewed by Date COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) 112, VFMTMTY Bond Pletcher 3 -40 22xat portion of 609'2d Street, E-ncia3tas, ca that is Premises: accessed by the AUX nai► and aped as a aatobodv XOP &L shop Date &E 23, 2012 , ALTERATIONS: Tenant shall not make any alterations !nor about the Premises, including installation of trade fixtures and signs, Without Landlord's prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non - Responsibility to prevent potential riens against Landlord's Interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenants responsibility. Landlord shall be responsible for any other alterations required by taw.' 20. ENTRY: Tenant shad make Premises available to Landlord or landlord's agent for the purpose of entering to make inspections, necessary br agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlords representative may enter Premises at any time without prior notice. - 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90 (or E3 ) day period preceding the termination of the agreement 22. SUBLET71NGIASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in It without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant Landlord's consent to any one sublease, assignment; or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenants obligation under this agreement. 23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which possession is made available to Tenant However, the expiration date shall remain the same as specified in paragraph 2. If Landlord Is unable to deliver possession within 60 (00. ) calendar days afterthe agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposlt paid.. 24. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (1) give Landlord all copies• of all keys or opening devices to Premises, including any common areas; QQ vacate Premises and surrender it to Landlord empty of all persons' and personal property; (IIi) vacate "all parking and storage. spaces; (iv) deliver Premises to Landlord to the same condition as referenced in paragraph 11; (v) dean Premises; (v1) give written notice to Landlord of Tenants forwarding address; and (vil) raeove a22 dabri s and hoozsona.2 zorosurty from the hvram3aea 20avincr it in at Seaat br,00a alaau ovnditum All improvements Installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant 2s. BREACH OF CONTRACTIEARLY TERMINATION: In event TenaM prior to expiration of this agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenants intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for lost rent,- rental commissions, advertising expenses, and painting costs necessary to ready 0 Premises for re- rental. Landlord may also recover from Tenant:. (I) the worth, at the time of award, off the unpaid Rent that had been earned at the time of terminatioh; (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (1111) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy In effect for so long as Landlord does not terminate Tenants right to possession, by either written notice of termination of possession or by re letting the Premises to another who takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, Including the right to recoverthe Rent as it becomes due. 26. DAMAGE TO PREMISES: if, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects 'to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage inteiferes with Tenants reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenants guests, (1) only Landlord shall have the right, at Landlord's sole discretion, within 30 days after such total"or partial destruction or damage to treat the lease as terminated by Tenant, and (IQ Landlord shall have the right to recover damages from Tenant 27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are parL However, Tenant Is permitted to make use of such materials that are required to be used in the normal course of Tenants business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant Is responsible for the cost of removal and remediation, or any dean -up of any contamination caused by Tenant 28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenants relocation costs and trade fixtures, belong to Landlord. 29. INSURANCE: Tenants personal property, fixtures, equipment, inventory and vehicles are not Insured by Landlord against loss or damage due to fire, QCtheit, vandalism, rain, water, criminal or negligent ads of others, or any other cause. Tenant Is to carry Tenant's own property ins range to protect Tenant from any such loss. In addition, Tenant shall carry liability insurance in an amount of not less than $ s liability 0tnsurance shall name Landlord and Landlord's agent as additional insured. Tenant upon Landlord's request, shall provide Landlord'with ace ' of insurance establishing Tenants,compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, In an amount of at least Y e-66-- , plus property insurance in an amount sufficient to cover the replacement cost of the property. Tenant is advised to carry v business Interruption Insurance in an amount at feast sufficient to cover Tenants complete rental obligation to Landlord. Landlord Is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for Ices or damage overed by Insurance. Landlord's infill �(�) ( �` ) Tenant's Initials (4L110—) ( ) pyright 0 1998-2011, CALIFORNIA ASSOCIATION OF REALTORS, INC. Reviewed by Date REVISED 19111 (PAGE 3 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) RondFletcher 3 -41 That portion of 669 2d Street, Encinitas, CIL that is Premises: ae0e880d_by the a11v W&V and used as a autabody repair shop Date May 23, 2012 30. TENANCY "STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 3 days after Its receipt The tenancy statement shall acknowledge that this agreement is unmodified and In full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (n shall be deemed Tenant's - acknovAedgment Mat the tenancy statement is.true and correct, and may be relied upon by a prospective (ender or purchaser, and (ii) may be treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer. 31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's Interest shall be substituted as Landlord under this agreement. Landlord Will be released of any further obligation to Tenant regarding the security deposit only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released ,of any further liability to Tenant, upon Landlord's transfer. 32: SUBORDINATION: This agreement-shall be subordinate to all existing liens and, at Landlord's option, the lien 'of any first deed of'trust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consoiidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered Into after ekeoution of this agreement, Tenant's tight to quiet possession of the Premises shall not be disturbed If Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its terms. Vany mortgagee, trustee, or ground lessor elects to have this agreement placed In a security position prior to the lien of a mortgage, deed of trust, or ground lease; and gives written notice to Tenant; this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Brokers) to obtain Tenants credit report at time of application and periodically during tenancy In ccr nectlon with . approval, modification, or enforcement of this agreement. Landlord. may cancel this agreement; (1) before occupancy begins, upon disapproval of the credit report(s), or (11) at any time, upon discovering that Information in Tenant's application Is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement: 34. DISPUTE RESOLUTION: A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 348(2) below. Paragraph's 34B(2) and (3) apply whether or not the arbitration provision is initialed. Mediation fees, 9 any, shall be divided equally among .the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action Without first attempting to resolve the matter through mediation, or refuses to mediate afterA request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Tenard and Landlord agree that any dispute or claim In Law or equity arising between them out of this agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, Including and subject to paragraphs 34B(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 Years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award In accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part cal, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrators) may be entered In any court having jurisdlctlon. The parties shall have the right to discovery In accordance with Code of Civil Procedure §1283.05. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder. a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, -or installment land sale contract as defined) in Civil Code §2985; (ii) an unlawful detainer action; (UI) the filing or enforcement of a mechanic's lien; Qv) any matter that Is within the jurisdiction of a probate, small claims, or bankruptcy court', and (v) an action for bodily Injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.95 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a violation ofthe mediation and arbitration provisions. (3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims invol0rig either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim Is presented to Brokers. Any election by either or both Brokers to participate in mediations or arbitration shall not result in Brokers being deemed parties to the agreement "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED `BY CALIFORNIA LAW AND YOU ARE GMNG UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. iF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." ' WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." _ landlord's Initials 1 Tenant's InitlaiS I Landlord's Initials) ( Tenant's Initials ( ) ( ) Copyright @ 1998- 2011, CALIFORNIA ASSOCIATION OF REALTORS®, INC. .Reviewed by Date / REVISED 11!11 (PAGE 4 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6) 1Q M Bond Pletcher 3 -42 That portion of 669 2d Street, Encinitas, CA that is ise Prems: socessed by the ally tray and used as a •autobody repair shop Date ] y 23, 2412 5. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this agreement, jointly with every other Tenant, and individually, whether or not In possession. NOTICE: Notices may be served by mail, facsimile, or courier at the following address of location, or at any other location subsequently designated: Landlord: Tenant Notice is deemed effective upon the earliest of the following: (1) personal receipt by either party or their agent; (ii) written acknowledgement of notice; or (ilij 5 days after mailing notice to such location by first class mail, postage pre -pald. 37. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same breach or a waiver of any subsequent breach. 38. INDEMNIFICATION: Tenant shall indemnify, defend and hold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees arising out of Tenant's use of the Premises. 38. OTHER TERMS AND CONDiTIONSISUPPLEMENTS: 1) Tenant has been advised that Landlord is is the vroceas of e6 �7 curs •thu arouerty to Sank Chick Is Holdiriya. ZEC. Therefore. Zandioi:d retains the•riaht to asslan all of Zandlord's . interests and rio3lts•in this Least Aaroament to The Lhotse C Hawk Family Twat at Landlord'& sole _ discret:Lun In which Case LandlOrd•eball Provide written native of such aa4L3aneant and s fter rr+— t shall like all noathlp rent shacks nivable to The .Lbotse C Hayk Family Twat AU other terms of this Le"M Amt shall remain the same VV= assiunmaat tram Landlord to The Zhotse-C Hark Family Treat 2) -Tenant emresaly cosecs flat Tenant's riahp to possess the P,mgniees is anbordiaate azd subject to the' sigh of•voasessioa cad g1m2rahifl held by the *and2ord or any subrMMt owner of the Prontrty located mt 669 2d Street, r,.,.?^Atas. CA. inaludina. without J4 tation , MY lsMUZ ZM x 3] Nothl-ncr in the Leaae /zinc i ng but not JAMit`to the disclosure of aav9_oa ++t I hf ram Ab &U XGU"o ramant for amp eavironeeatal conditions or OOn xi»atinn a �.y d by, �psnant r:.rr na tf.a te27! Of the Aeaae or our arior periods ++r which Tenant ocohmigd the Premises 12 SWun t agrees to ecmplv with the XMISE s reau?&U =F 2t°andlord as wee? 49 aLU State mad Citt* ordnsnMW "a "aulations. 0 31 In.n anco bald by Truant sh? 3 also nsme Hark ChiA,r, es fidId InZ 1ZQ as an iuAlmd The following ATTACHED supplements /exhibits are incorporated in this agreement 0 Option Agreement 1C.A.R. Form oAl 40. ATTORNEY FEES: In any action or proceeding arising out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs from the non - prevailing Landlord or Tenant, except as provided In paragraph 34A. 41. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contract It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement The partles further Intend that this agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this agreement Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties. 42. BROKERAGE: Landlord and Tenant shall each pay to Broker(s) the fee agreed to, if any, Ina separate written agreement Neither Tenant nor Landlord has utilized the services of, or for any other reason -owes compensation to, a licensed real estate broker (individual or-corporate), agent, finder,' or other' entity, other than as named in this agreement, in connection with any act relating to the Premises, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this agreement Tenant and Landlord each agree to indemnify, defend and hold harmless the other, and the Brokers specified herein, and their agents, from and against any costs, expenses, or liability for compensation claimed Inconsistent with the warranty and representation in this paragraph 42. 43. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Rog— i Aelonq Realty (Print Firm Name) is the agent of (check one): M the Landlord exclusively; or 1 both the Tenant and Landlord. Selling'Agent (Print Firm Name) (d not some as Listing Agent) is the agent of (check one): ❑ the Tenant exclusively; or ❑ the Landlord exclusively; or p both the Tenant and Landlord. Real Estate Brokers are not parties to the agreement between Tenant and Landlord. Landlord's initials {) {,) Tenant's initials () ( ) iC Copyright81998 -2011, CALIFORNIA ASSOCIATION OF REALTORSO, INC. F ttevlewedby - Date REVISED 11/11. (PAGE 5 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 5 OF 6) Bond Fletcher 3 -43 That portion of 669 2d Street, Encinitas, CA that is Premises: acaeased by the ally war and used as a atstobo& repair shop Date May 23, 2012 �Landlord :nd Tenant acknowledge and agree that Brokers: (I) do not guarantee the condition of the Promises; (ii) cannot ►erify repentations made by others; (lit) will not verify inning and land use restlicttons; (iv) cannot provide legal or tax advice; (il not provide d to obtain a te licensenot deride wrental rate a er terms of ancy, Landlord and Tenant agree that they will seek legal, tax, Insurance, and other desired assistance from Tenant Address Date Cm'r State —C-ea- zip Tenant Date (Print Name) Address City State Zip ® GUARANTEE: In consideration of the execution of this Agreement by and between Landlord and Tenant and for valuable consideration, receipt of which Is hereby acknowledged, the undersigned ( "Guarantor") does hereby: (1) guarantee unconditionally to Landkwd and Landlord's agents, successors and assigns, the prompt payment of Rent or other sums that become due pursuant to this Agreement, including any and all court casts and attorney fees included in enforcing the Agreement; (Ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (111) waive any right to require Landlord and/or Landlord's agents to proceed against Tenant for any default occurring under this Agreement seeking to eniorce This Guarantee. Guarantor ( Nam Guarantor Date Address city State Zip Landlord Address or Fax E-mail tennis and conditions. Date S City L`ardiff 'State C$__ Zip 92007 Data "_ ot' zd t Address 4,2I B.Xistol Ave City Cardiff State C_ Zip 92007 Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant. Real Estate Broker (Leasing Firm) DIRE Lic. # By (Agent) , DIRE Lie. # Date Address City State Zip Telephone Fax E -mail Real Estate Broker (LI lrm) DRE Lic. # By (Agent) r' DRE Llc. # 01777532 Date d , Ty4 3. Belong Address 430 t ubM a, C to D / —city ;San PAsm State CA Zip 92303 Telephone Fax (61 91 2 7 0 -25Ill E-mailaq�"�,rghoaaa Za=- am THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This fond is available for use by the entire real estate industry, it Is not intended to Identify the user as a REALTORS. REALTORS is a registered o9ft ive membership mark which may be used only bymembers of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to Its Code of Ethics. I Published and Distributed by: " REAL. ESTATE BUSINESS SERVICES, INC. _ a stibs(diary of the Ceirfomla Assodation of REALTORS& ` . 525 South Vlfgll Avenue, Los Angeles, California 90020 Reviewed by Date REVISED 11/91 (PAGE 6 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Bond Fletcher 3 -44 Seller's Renresentatiions Regarding Use of the Premises for Automotive Relp To our knowledge and without investigation, we are aware e of the following concerning the use of the premises that has ally access and is comprised, of approximately 40% of the square footage of the building located 669 2d Street, Encinitas, CA (the Premises): 1) When we purchased the properly containing the Premises in approximately 2006, we were informed that Dave Cartwright had already been a tenant of the Premises for approximately 4 years, during which time he continuously operated his current automotive repair business at the Premises; 2) We were also informed that prior to Dave Cart% right's possession of the Premises, the Premises had been continuously occupied by another tenant who also continuously used the Premises for operation of an automotive repair business, for more than 20 years; 3) Since purchasing the property containing the Premises in approximately 2006, Dave Cartwright has continuously operated his automotive repair business on the Premises; 4) We have never been informed of and are not aware of any fines, penalties, or fees charged to us or to Dave Cartwright by any government. entity as a result of his operation of an automotive repair business on the Premises; 5) We have never been informed of and are not aware of any fines, penalties, or fees charged to the previous owner of the property containing the Premises or to the tenant preceding Dave Cartwright by any government entity as a result of the operation of an automotive repair business on the Premises; 6) Notwithstanding the forgoing, we are not aware of whether or not Dave Cartwright maintains any permits or licenses for, the operation of his automotive repair business at • the Premises, nor are we aware that any permits or licenses are required by any governmental agencies in order for the Premises to be operated as an automotive repair business. SEELLER 1"12-1— Nicole ro ' Date Bond F etcher Date 3 -45 0 Tenant's Representations Reaardina Use of the Premises for Automotive Retnaix To my knowledge and without investigation, I am aware of the following concerning the use of the premises that has ally access and is comprised of approximately 40% of the square footage of the building located 669 2d Street, Encinitas, CA (the Premises): 1) I have occupied the Premises continuously from approximately 2002 to present, during which time I have continuously operated my current automotive repair business at the Premises 2) The previous owner of 669 2d Street informed me that prior to my possession of the Premises, the Premises had been continuously occupied by another tenant who also continuously used the Premises for operation of an automotive repair business for.more than 20 .years; 3) I have never been informed of and am not aware of any fines, penalties, or fees charged to me or to the owners of 669 2d Street by any government entity as a result of my operation of an automotive repair business on the Premises; 4) 1 have never been informed of and am not aware of any fines, penalties, or fees charged to the previous owner of the property containing the Premises or to the tenant preceding me by any government entity as a result of the operation of an automotive repair business on the Premises; 5) Notwithstanding the forgoing, I'am not aware -of whether or not any permits or licenses are required by any governmental agencies in order for the Premises to be operated as an automotive repair business_ TENANT A4 Dave Cartwright jr- Date 3 -46 May 3112'08: 1 Be Lindgren Ana 858-668.3517 AiiOifd OMI OF LEA= Po Vmw ivm4m W t ft w dmApm %MO j body ws ips.In** wnd so o.er Wft to W 01K oft and 'I 1 in wad bIw ordui1.iw dOd by wad boom as UNW, wad a Ls III ew, oowrl I Mad W—ww n propsdy Q, dusbif b tw elm NO of *m Ck% ft wdCd b mk wnd mom psdlo.Nsy dMalb.e ar loot 11, ft*6 G(6 As3„ 00 of tbiMbmir, c b M.p iio,1�. Msd !n>Ae 01N.r ar>hwCosrly dabm dpo fin' /�'1� ' oaidsr tburq, JYnI 1Z, IM � jJ ibpltl odor I IM1�rrowrld NChowl3owpo 1worse"Wos"Wona mbowrww. .: Ds11tf U* ofNbw, 9ID1.'t ACCMANCE O F AMA NN AMff (W L EME ' ��''''•. Me, e, +valet}imta6rweoNkU+rwbowar 1pMrwMwhdpmsbbobo�sidkvmNoflM► oontl4lairsndcovsospi.aoal.irr�d lltdid, N Im ewid wwstr wnd p�oMi1 b psy #it ImW* fMbin eArtivwd h the n+ssnsrsnd atthr in.. >riersY� sporad. I In W& . Law. m wd b tonrpotry�s�wnYa -O bill dor hNMbp eonesr�C b� ow lh- and -al-I q ..fhstsM tAs M1wr, apnWin fx 0fdoeq wed o.wrw�le of:wi le w slp oorttlr�w In M tm sad @Nnt YM. allo�iNl.1�►,`a w to an oba t. P%vM to fie w owj* w 0. . bW by us w. w papM and I s.ourlfi► dspW W.Ww2 s bm 7t& eensotmn4 ik� �porot.MeofetrilpNtrfrdydrafu ONbMhMbeenpWdbdok t�sssur Tlgs! fJ�9E I1B81®IIMEN'f i1ulN os�r b.00iae slNOliw oa sio.s of Esaow No. +MD- L't00+16s�5C. at AdpMll.pe ift.. NIL. NWRbSW akya Wh% soil.lA Bw a%yorCAS210L i lrew Mee tl» rbor� forn4 underMrnd isa.dbds wsd b.w bberdiM m m. a.00wwr+a. Jlw&AWL 94- ALA jwl� 14 1 AWVw"aL"ft4N awaert P.1 3 -47 EXHIBIT 1H PG 10 CALIFORNIA ADDENDUM OF REALTORS® ASSOCIATION (C.A.R. Farm ADM, Revised 71/91) NO. 1 The following terms and conditions are hereby incorporated in and made a part of the: [] Residential Pu)iahase Agreement, ❑ Manufactured Home Purchase Agreement, Q Business Purchase Agreement, Q Residential Lease or Mon&to -Month Rental Agreement, ❑ Vacant Land Purchase Agreement, p Residential Income Property Purchase Agreement, 0 Commercial Property Purchase Agreement, Q Residential Listing Agreement, [3 Buyer Representation Agreement, M Other ggVgW; mail Lome dated - May 24, 2012 , on property known as 669 2d st..riEtlnt l'riCiT>.7t.f" CA in which and — to as is referred to as The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date 5" . f Z Date Zq 2 d !2 BuyerlTenant sgt Seiler /Landlord ' Buyer/Tenant Seller /Landlord Nicisle GA& pero>a:t Broker Broker Ile v'" By By e; r J> i3e1 .lg The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reprod of this fomr, or any port hereof, by py machine or any other means, including facsimile or computerized formats.. CopyrighlO 1966 -2011, CALIFORNIA ASSOCIATION OF REALTORSO, IN . ALL RESERVED, THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C,A.R.). NO REPRES ON IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form Is available for use by the entire real estate Industry. It Is not Intended to Identify the user as a REALTOR®. REALTORO1 is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to Its Cote of Ethics. $iPtrFAArliLshES rni Dsbe by: 'ATEBUSINESSS SERVICES, INC. asb6ryoff a Cn WAssodaibnofR EA1r4RSO 25 South Yellil Avenue, Los Angeles, Caffomie 90020 ADJA REVISED 11111 (PAGE 1 OF 1) Reviewed by Date ADDENDUM (ADM PAGE 1 OF 1) 3532 Fax: (819) 270 - 2584 Prepared using 3 -48 o: rage 1 of 1 2012 -05-31 13:13:37 PDT From: Production Outbound EXHIBIT 11 $PGS Information In any manner. instead, please reply to the sender that you have received this communication in error, and thj4% ' edlately delete it Thank you in advance for your cooperation. CALIFORNIA CQMMERC[AL LEASE AGREEMENT ASSOCIATION TORSO (C.A.R. font► CL, Revfaed 11111) 2. TMM- The tam begins on (date) ,,, ?,,1� 201'4 ("Commencement Date.), (Chu* A or B): - ® A. Luse: and sha# terror ate on (date) . arsib z 2Jrmonth- at y��,",aa Ir7l AM ® PM. Any holding over after the term of this agre Nmrft expires, with Lon mj!a cronsem, ana e e o -morrm Fancy tnxt either party may t®mdnale as speci lad in paragraph 28. Recd slug be at a rate equal to the rent for the Immediately proosang month, payable in advance. All other terns and conditions of this agreement shall rernakh in fudt faros and effect. p iL Mo1M4oanoath: and continues as a month-to-month tenancy. Either party may termW to the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, "act to any applicable laws. Such notice may be given on any date. 11 C. RENBYYAL OR eMNSION TERM: See attached addendum go attached. 3, BASE RENT: -- -- ---- -- A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) © ((1) $ per month, for the term of the agreement each 12 months thereafter, rant bye the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of Statistics of the ac�rsted according to any increase in the lJ S. Consumer Price Index of the Bureau of Labor Department of Laborior All urban Consumers ('CPP) for (the city nearest the location of the Premilse L based on the tolovAng a3e nt Will 19 multiplied by the at c preceding the first calendar month during which the adjusbnant is to take effect, and divided by.the most recent CPI preceding the Commencement. pate. In no event shall any adjusted Base Rent be less than the Sass Rent for the month Immediately preceding the adjustment If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI. W (3) $ 125.00 ,_r,.par month for the.petiod commencing BeFt:enbax 2�. 2tl12 and ending _8epteebrz 23, 2013 and $ per month for the pe dod commencing ar:,� se. and ending 3 -- "— and 50.0o per month for the period cxxmnerming Sarre nbes 2t, D1d and ending BePtealmr 23, 2015 (4) do accordance with he altaohad rent schedule. t l (5) Other: bore Aft 24, 2012 to fin aebarM 2022 tgmt .+t Barr son d &ZM (so ey) in Aftnt B. Baas Rent is payable in advance on the tat (or 13 ) day of each calendar month, and is delinquent on the next day. C. If the Commencement Data fags on any day other then�i day of the month, Bess Rent for the red calendar month shag be prorated based on a 30-day period. If Tenant has paid one fug month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30-day period. 4, RENT: A. Definition: ('Rent ") shall mean an monetary obligations of Tenant to Landlord under the forms. of this agreement, except security deposit. B. Payment: Rant shall be paid to (Name) _ 3±riaole 6+..Deroni acct Band sZatct44 at (address) 635 2d stm�f BsutgW,, —, CA _,_� , or at any ocher tI ive;auvrh ale9grre[i pY Lanawrci N~I wrRln to iBt�'18nt. C. Timing, Base Rant shall be paid as specified In paragraph 3. AN other Rent shall be paid within 30 days after Tenant is ogled by Landlord. ti. EARLY POSSESSION: Tenant b entitled to possession of the Prernisee on laz 2e If Tenant Is in possession prior to the Commencement Date, during this tans (1 ) Tenahht is not ODII90M to pay Base Rent, and pi) T-s—rm—f-EFIs M Is not ob @gated to Pay Rent other than Base Rent Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other teams of this agreement a. SECURITY DEPOSIT. • A. Tenant agrees tc Q Landlord $ ore a secxrrity deposit Tenant agrees not to hold Broker responsible for Its return. (IF CHECKEM) E3 If Base Rent increases dng the term of this agroement, Tenant agrees to increase security deposit by the some proportion as the increase In Base Rent S. AN or any portion of the security deposit may be used, as reasonably necessary, to: (I) cure Tenant's defauk in payment of Rent, Into charges, non-sufficient funds ("NSF") lees, or other sum due; lt4 repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or limnsee of Tenant; (illy broom clean the Premises, If necessary, upon termination of tenancy, and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT iN LIEU OF PAYMENT OF LAST UONTWS RENT. if all or any portion orthe SscWW deposit is used during tenancy. Tenant agrees to reinstate the total eecxr* deposit within 6 days after written notice Is dallvened to Tenant. Within 30 days after Landlord receives possession of the Preinlses, Landlord shag: (f) furnish Tenant an itemized statement l ndicWq the amount of any security deposit received and the basis for Its disposition, and (11) natum any remaining portion of security However, if the Landlords only claim upon the security deposit is for unpaid }tent, then tha remaining portion of the security deposit nth Tenant_ deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. ap t. sitar C. No interest pe n seat deposit, unless required by local ordinance. .r Landlord's Initials ) { ) Tenanro initials ) ( ) The copyright l the Unl States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion tthereof, by photocopy. machine or any other means, including facsimile or computerized formats. Copyright 0 1998- 2(111. CALIFORNIA ASSOCIATION OF 13EALTORSO. INC. eFVWe °v ALL RIGHTS RESERVED. CL REVISED 11111 (PAGE 1 of 6) R� by °ors { � � +GO1tsNAERCIAL LEASE AGREEIIiIENT (CL RAGE ! � 6) Agertb TYfa' ��n9 fhhorhe: Blftt.3R1.3532 Fax: f'3i�9.2'7b -25.1' 4 Pr�eparett usir� xipParrn� so�itMrarye _., BrakeR: ?brier .i. lteloreo lt2a R St. iti19M a.� ne..... ... nom. n� 3 -49 -o: Page 3 of 7 2012 -05-31 13:13 :37 PDT From: Production Outbound ,'Rose 5 ari}ac ent parking spaces 3ocated at the morthwestorly J Promises- art: er corn gr 63 2yf �. °"'' +sit'jl _ gate max 24 ri_ 7. PAYMENTS: TOT l PAY# EhM A f i j ,Viii SA AW. PL tF i]67F A FtenCFrOm bD /2iJ ?Ot2 To,7Ar2?Oy? $,. rfi i DG g 3 T2S.00 ey B. Security Deposit .......................... $ C. Other: $ $ tegary D. tither: $ $ cry ---- E. - Total: S. PARKING: Tenant Is entitled to _ 0 unreserved and S reserved vehicle parking spaces. The right to parking oil is 0 is not included in the Base ,?arid charged pursuant to paragraph 3. N not included in thne Base Rent, the parking rents, fee shall bs an sddNionai $ ____� per month, parking spaces) am to be used for parting Operable motor vehicles; except for trailers, boats, compete, buses or trucks (other than pick -up trucks). 'tenant shall park in assigned spaae(s) Only. Parking epaoe(s) are to be kept clean. Vehicles leaking oil gas or other moW vehicle fluids shop not be parked in parting spaces or on the Premises. Machankmi work or storage of inoperable vehicles is not slowed in parking speco(s) or elsewhere on tha pr;erniaes. No overnight parkdnp is permitted. 9. ADDITIONAL STORAGE: tutorage is permitted as follows: ffggL. _ The sight to additional storage space I7 to ® is not Included in the Base Rent charged � � g pursuant to paragraph 3. if not included in Base Rent, storage space chap be an additional $ per month. Tenant shag store only personal property that Tenant owns, and shell not store property that is claimed by smother, or in which another has any right, titla, or interest. Tenant shall not store any improperly paged food or perishable goods. flammable materials, explosivea, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the clean -up of any contamination caused by Tenant's use of" storage area. 14. LATE CHARGE; INTEREST; NSF CHECKS: Tenant eeknov,,ledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur casts and expenses, the exact amount of which are extremely difficult and Impractical to determine. These oasts may inclhrde, but are riot limited to, pissing, enforcement and accounting expenses, and late charges unposed Out landlord. If any installment of Rent due from Tanant is not moolved by Landlord within a calendar days after date due. Or if a check Is returned NSF, Tenant shag pay to landlord, respectively. $ 28. bb as late charge, plus 10% interest per annum on the delinquent amount and $2540 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree. that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenants late or NSF payment. Any late charge. delinquent interest, or NSF fee dire shag be paid with the current Installment of bent. Landlords acceptance of any fate charge or NSF fee shall not constitute a walveras to any default of Tenant. Landord% right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law. 11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise- is clean and inn operative conditlm, with the following exceptions: Aline. Items fisted as exceptions shall be dealt with in the following nnanner. FLA. 12. ZONING AND LANs? USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances Claws "). Landlord makes no representation or warranty that Premises are now or In the future will be suitable for Tenant's use. Tenant has made its own Investigation regarding all applicable Laws. 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for ail utilities and services dhkcth+ billed to Tenant 11. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay its proportionate share of Landlolve estimated monthly property operating expenses. including but not limited to, common area maintenance, consolidated ublity and service buts, insurance, and reai estate taxes, based on the ratio of the square footage of the Premises to the total square footage ofthe rentable spate In the entire property. OR B. ® M Oh*dw* Paragraph 14 does riot spiry. 1S, USE: The Premises are for the sole we as garklely cars for >Aroo t3aait Yoca syC ft —M-0t , i tbe3r yrinadpl" i arw No other use is permitted wdl M Landlord's prior written consent. if any use by Tenant causes an Increase in the premium on Landlord's existing property insts'anes, Tenant shalt pay for the Increased cost Tenant will comply with all Laws etfecli ng its use of the Premises. 16. RULESIREGULATIONS: Tenant agrees to comply with ail rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any time posted on the Promises or dethroned to Tenant. Tenant shall not and shop ensure that guests and license" of Tenant do not, diaturb, annoy, endanger, or Interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes. including, but no, limited to, using, manufacturing, sepkng, storing, or transporting illicit dnags or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises. 17. MAINTENANCE: A. Tenant OR M (N ehhoc kod, Landlord) shall professionally maintain the Premises including heating, air conditioning, eleCtrfcel, INnsmclng and water system, if any. and Iasi glass, windows and doors in operable and safe condition. Unless Landlord is checked, If Tenant fails to maintain the Promises, Landlord may contract for or perform such maintenarnoo, and charge Tenant for Landbrft cost. B. tandkord OR[t (if chocked, Tenant) shall maintain the roof, foundation, wderiorwalls, common areas and Landkrd'o initials 14W) ( 1 Tenant's Initiais j ) ( ) �Copyright 0 1998' -2011, CALIFORNIA ASSOCIATION OF RF.ALTORSO, INC. — CL REVISED 11111 (PAGE 2 of B) R _ COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) 655 2d Strut 3 -50 o: Page 4 of 7 2012 -05-31 13:13:37 PDT • From: Production Outbound 2hoia 5 Odjncsnt pas kjUtfT +rpaca& located at tale 10'ort2tat�,s tarrl3r Premises: Rivet 920a 9C 633 2„U Str"t > b"MtAmr CA Date !M[etl. 24. 2012 18. ALTERATIONS: Tenant shalt not make anY alterations in or about the Premises, iooluding installation of trade fbdures and signs. without Landi"We Prior written consent. which shall not be unreasonably withhold. Any alterations to the Promises shall be done according to Low and with required Permits. Tenant shall give Landlord advance notes of the commencement date of any planned al n, so that l artdiord, o+t its opticxt, mey poet a hlodos of Non- Responsibility to prevent potential Nang against Landlords Interest In the 1'rerrdsss. Landlord may also require Tenant lo Landlord with den releases from arty contractor performing work on the Premises. provide 19. GOVERNMENT IMPOSED ALTERATIONS: Any afteratiora reqWed by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord snail be responsible for any other alterations required by Law. 20. ENTRY: Tenant shad make Premises available to Landlord or Landlord's agent for the purpose of entering to males Inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Promises to prospective or actual purchasers, tenants, mortgagees, lenders. appraisers, or contractors. Landlord and Tenant agree that 24 hOum notice (vial or written) shall be reasonable and sufficient notice in an emergency, Landlord or Landlord's representative may enter Premises at any time without WW notice, 21. SIGNS: Tenant Authortims Landlord to plao;e a FOR SALE sign on the Premises at any tine, and a FOR LEASE sign on the Premises within the 8o (or 13 � ) day period Preceding the termination of the agreement. 22, SUBLETTINO►ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises. or assign or transfer Us agreement or any interest lot It without the prior written consent of Landlord, which shall not be Unmespnably wititheid. Unless such consent IS obtained. any sub lett ng . assignment, transfer, or encumbrance of � Premises, agreement, or thnency, by voluntary act of Tenatrt, operation or law, or otherwise. Shad be null and void, and. at the option of Landlord, terminate this agreement. Any proposed sublessee, assigned, or transferee shah submit to Landlord an application and credit information for Landlord's approval, and, If approved, sign a separate written agreement with Landord and Tenant LandloM'e consent to any one sublease, assignment, or transfer, shad riot be construed me consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under We agreement. 23. POSSESSION: If landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which possession Is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord Is unable to dal[ver Possession within 80 (or(7 — ) calendar days after time agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shad be refunded all Rent and security deposit paid. 24. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (1) give Landlord all copies of all keys or opts devices to Premises. Including any !gammon areas; (11) vacste Premises and surrender It to Landlord empty of all Persons end personal property; (i'it) vacate all patting and storage spaces: (iv) deliver Premises b Landlord fn ttto same rbrtdltipn as referenced ter paragraph 11; ns clean Premises; (vl) ghre written notice to Landlord of TenanPs fonwarding address, and (vlQ _" -,and rrnetlos+d. All Imalp, dstnetHs Installed by Tenant, wroth or without Landbrd's consent, become tha Pro of larhottord upon termination. Landlord may nevertheless require Tenant to remove any such Improvement that did not exist at the time possession was mods available to Tenant: 25. BREACH OF CONTRlICTlEARLY TERMIWATION: In event Tenant, Prior to expiration of thus agreement, breachas any ON981 on In this agreement, abandons the Premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24. Tenant shed also be responsible for lost rent; rental commissions, advertising expenses, and painting costs necessary to ready Premises for re- rental. Landlord may also recover ftrn Tenant: 0) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (ti) the worth, at doe time of aware!, of the amount by which the unpaid Rent that would have been earned after expiration until the tine of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (illy the worth, at the time of award. of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amours of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy In effect for so long as Landlord does not terminate Tenants right to Possession, by either wrttten notice of termination of possession or by re tetfing the Premises to another who takes Possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, Including the right to recover the Rent as it becomes due. 26. DAMAGE TO PREMISES: It, by no fault of Tenant Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have %a right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and Is able to complete such restoration within 90 days from the date of damage, subject to the terms of ibis paragraph, this agreement shall remain in full force and effect. If Landlord Is unable to restore the Premises within this tine, or If Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent stall be abated as of the date of damage. The abated amount shell be the current monthly gale Rent prorated on a 30-day basis. If this agreement Is not terminated, and dte damage is not repak ed. then Rent shall be reduced based on the extent to which the damage Interferes with Tonent'e reasonable use of Premises. if damtage.occurs as a result of an act of Tenant or Tenant's guests, (1) only Landlord shall haws the right. at Landlort's sole discretion, within 30 days after such Mat or Partial destruction or damage to treat the lease as terminated by Tenant, and (11) Landlord shah have the right to recover damages from Tenant 27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous matgrW on the Promisee or the property of which the Premises are Part However, Tenant Is permitted to make use of such materials that are required to be used in the normal course of Tenants business provided that'fenant complies with all applicable Laws related to the hazardous materials. Tenant Is responsible for the cost of removal and remedletlon, or any dean -up of any contamination caused by Tenant. 26. CONDEMNATION: if all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner, AN condemnation Proceeds, exdus#ve of those allocated by the condemner to Tenant's relocation coats and trade fixturse, belong to t.andlorol. 29. INSURANCE: Tenant's personal property, fixtures. equipment, Inventory and vehicles ere riot Insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant Is to carry Tenant's own property Insurance to protect Tenant from any such loss. In addition, Tenant shall carry lhd ty Insurance in an amount of not lose than $ 30_0 000.00 . Tenant's liability Insurance shall name Landlord and Landlord's agent as additional Insured. Tenant, upon Landlord's request, Shaq provide Landlord with a certifioate of Insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, In an amount of at least $ All • 00_00 , plus property Insurance in an amount sufficient to cover the ra business i placement cost of tits properly. Tenant � advised to �Tlr . nferruptfon Insurance to an amount at least suftidont to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss Insurance. Both Landlord and Tenant rem each other, and waive their respective rights to subrogation against each other, for lose or damage -by insu . Landlord's Initials ) (�) Tenant's initials opyright C 9998 -20 , CALIFORNLA ASSOCIATION OF REALTORSo, INC. Reviwveo by. Date L REVISED i III I (PAGE 3 of 6) ... .... COMMERCIAL LEASE AGREEMENT (GL PAGE 3 OF e) 655 2d Satet 3 -51 o: Page 5 of 7 2012 -05-39 13:13:37 P[7T From: Production Outbound (7,) errhises: - - - wr we ldit Y s� ?032 _ 30. 7ENANCY'STATEMENT (ESTOPPEL CERTWICA7£): Tenant shall execute and return a tenancy Statement (estoppel ) delivered to Tenant by Landlord or Laruilord's ageh , within 3 days after Its ra�ipt. The tenancy statement shall +acknowledge that this agreement is unmodified and M fufl f Ta, or in ftdl force as modified, and slat the ni000al ions. Failure to comply r� this requirement p) Shen be deernad Tenants adahowiedghrherht !that the tenancy stMernsrht IS true and correct aaKtmay 1>b r6lkdn �, a prospective lender orpurchaser; and (11) may be treated by Landlord hoe a material breach of thin agreement, Tenant shat also prepare, execute, and delver to Landlord any financial statement (which will be held. In confidence) reasonably requested by a prospective lender or buyer. 31. LANDLORD'S TRANSFER: Tenant agrees that the harWame of Larrdkbrd's interest Shan be substituted as Landlord under olds agreement. Landlord will be released of any further obligation to Tenant regarding Bra saourity deposit, only tithe Security daposk is returned to Tenant gree ent. Lhan lord or If the security deposit is actually transferred to the transferee. For all other obligatkms under this agreement, Landlord e released of any further lability to Tenant, upon Landlord # transfer. 32. SUBORDINATION: This agreement shall be subordinate to all exisitng parts anti. at Landlord's y mortgage subsequently pieced upon the real t eh, the lien of an first deed of trust or first and to all renewals, modifk:avons, consollcIntiarh�s of vrldh�r Prorrh�es area part, and to any advances made on the security of the Premdaes, after execution of this replacements. and extensions. However; as to the pen of any deed of trust or mortgage entered Into agreement, Tanarl's right to quiet possession of the Premises Shall not be disturbed If Tenant is not in default and so long as Tenant pays the Rent and observes aide Performs an of that provielone of this agireement;.emle$s tuna agreement is otherwise terminated pursuant to its terma. If any mortgagee, t n lessor elects this apnosmant placed in a security position prior I1 the seen of n mortgage, deed of trust, or ground lease, and agreement shall be deemed prior to that mortgage, deed of trust, or ground Jesse, or the dean of recording. 33. TENANT REPRESENTATIONS: CREDIT: Tenant warrants that ati statements in Tenants financial documents and rented application are accurate. Tenant • authorizes Landlord and Brokers) to obtain Tenants credit report at time of applcailon and Periodically during tenancy In connection with spprovaf, modification, or anforcemeant of this agreement. Landlord MAY canal this agreement: (I) before ocaupgncy trbglns, huh dlsapprom of the credit reports ); or (sly at any time, upon disoovering that information in Tenant's appncat on Is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, If Tenant fills to pay Rent or comply with any other obligation under tfrLe agreemen t 34. DISPUTE RE40LUTION: A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or Goud action, subject to paragraph 34-13(2) below. Paragraphs 348(3) and (3) apPJy whether or not the arbitration provision is Initialed. Medkbtlon fees, if any, shaft be divided equally among the parties Involved. if for any dispute or claim to which this paragraph apples, any party Commences an action without 11rat attenV*V to reaoive the !matter ttr gh mediation, dnr reAtses to mediate after a request has been made, than that party sown not be entitled to recover attorney trtee, even if they would otherwise be available to that party M any such action. THIS MEDIATION PftUVISION APPLIES WHETHER OR NOTTHE ARBITRATION PRO1/ISk]N IS INITIALED. B. ARBITRATION OF DISPUTES,. (1) Tenant and Londkwd agrhbe that any dispute a cfalrn !n Law or equity erlabhg bat>rveea them out of Stir se8rserrnerrt or any resulting trancaatian, rvhlrlr fs not seined through n WIWon, shall be decided by neutral, binding arbUnrlion, bnctuding and subject to paragraphs 348(2) and (3) below Toe arbitrator shall be a refined judge or juatke, or an attorney with at feast 5 year* of real **tale transactional law experience, units the parties mutually agres to a dlf'ferant arbitrator, who shall render an award in accordance with substantive California Lary, in OR otwr respects, the arbitration shall be conducted In accordance with Part sit, Tile 9 of the CapltOr"14 Code of Civil Procedure: Judgment upon the award of the a rbitr alor(s) May be entered In any court having )udedlcfion. The Patties Shall have the right to discovery In accordance with Code of Civil Procedure §1383.05. t2) EXCWSIONS FROM MEDIATION AND ARBITRATION: The following maters are excluded from Mediallm and Arbitration hereunder. judicial or non judicial foreoWure or other action or proceeding to enforce a deed of trust, mortgage, or Instalment land sale contrast as defined In Civil Code §2985, (11) an unlawful detainer action; (114 the filing or enforcement of a. machanids Tien; (iv) any surlier that Is within the jurisdiction of a probate, man claims, a bankruptcy court; and (v) an anon far bodily hyury or wrongful dee th. or for latent or patent defects to which Conde of Civil Pn)wdure §337.1 or §337.75 applies. The 'filing of a court action to enable the recording or a notice of pending action, for order Of attachment, receNership, injunClieon, or other provisional remedies, shall not constitute a violation of the mediation and arbkm*m provisions. (3) BROKERS: Tenant and landlord agree to mediate and arbitrate disputes or claims involving either or both (brokers, provided either or both Broilers Shan have agreed to such mediation or arbitration. prior to, or within a reasonable one after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediallorn or arbitration shall not result in Brokers being deemed parties to the agreement. - "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IM THE'ARBITRATION OF DISPUTES' PROVISION DECIDED BY tiE1JTRAL AR6ITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS N MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL 'RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THiS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." 'WE HAVE READ AND UNDERSTAND. THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS -INCLUDED IN THE "ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." 2*080 S adjacent parking sp&calra locrated at tho lilorthtr0st.0r1y Lasxiws Initials } ( ) . Tenant's Initials 4 )( ) Copydaht a 9 o98-2af 1; CALIFOR ASSOCIATION OF REALT0RstA, INC. R-%Wea by �..,��. Date 1. REVISED IIJI 1 (PAW 4 of s) COMMERCIAL LEASE AGREEMENT (CL PAGE 40F 6) rratlYMQ�ar. 655 2d Shmt 3 -52 o: wage b of 1 2012 -05-31 13:13:37 PDT From: Production Outbound rhos, 3_Jac=tt )c1lzW �caa laeatod at t S aw�eg: 0 � IV'ort2lrvd:>r<teriy CA Date MAY za 2012 35. JOINT AND BIDrMuAL OBuQAT{ONS; if There is mom than one Tenant, each one shall be Wilviduatly and completely responelble�i� for the psrforrnance of all obligations of Tenant under this agreement, Jointly with, every other Tenant, and kidivlduaily, whether or not In possession. 36. NOTICE: Notices may be served by mall, focshnile, or courier at the fdIewing address or bastion, or at any other iocation subsequently Landlord: tyiao2s t -�•••� + �lrtebr Tenant: �si8neiad: 'cuMk,r SoZ r*sr as 2d oft"k, ib3drinsttrae. C7L 669 Zd Stswt, JdrraI -14s, CA Notice is deemed effacWs upon Ste eaarilest of the following: (1) persons, receipt by either party or their agent; (If) written acknowledgement of notice; or (iii) 5 days after maitNag notice to such locator by ,list class mall, postage pre -paid. 37. WAIVER: The waterer of any breach shall not be construed as a continuing vraiver of the same breach ore wahvar of any subsequent breach. 38. INDEMNIFICATION: Tenant shall indemnify, defend and ,told Landlord harmless from all daims, disputes, d�aijon. Judgments and attorney fees arising out of TenaM's use of the Prendses. 39. OTHER TERMS AND CONDrWN$f$UPPLEMENT$: A&Mord r av nrovfdi 21Mt si #��'— d..Y MEW to 2» dimplawd � t r3r minainlo_. nr .a�.�oo+ses tvbrm an t6a P....s. -� o C that Anv s ,f MW 192W 331111SAA. Slenant:. AMLW-- And —faits, mat Ana amen gammas ad amagalatim L �,,....,,.,, ftr Uab-tl t:df rJg1j w fxm tUs %tin or WW_ rZoLt A n rg.UIa+ to tug W - - - _ _ �...... haft, Utgkuo� "look to IM fUL'Offt AZt4Wt -Of the law but dew not =24BAS AW ag.- w�.._ the F IMZIr thsar 3M4.,,7*& an W. T Addendma I.. he following ATTAC14ED supplemaents/exhibits are Incorporated in this agreement: O O hu Aaeemnt (CR 421,,, na, 40. ATTORNEY FEES: In any action or proceeding arising out of this - agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and ousts from the non- preva,'ling Landlord or Tanana. except as provided in paragraph 34A. 41. ENTIRE CONTRACT, Time is of the essence. Ail prior agreements between Landlord and Tenant are incorporated in this agreement, c omIllules the entire corntract. it Is Intended as a final expression of the o f a which gentles' agreement, sand may not be cantradiCted by evidence Of any prior agreement or contemporaneouis oral agreemenL The parties further Intend that this agreement cxrnsItutes the complete and exdustve statement of tta terms, and that no ex(rinsio evidence whatsoever may be introduced in any judicial or other proceeding, If any, ktvokko this agreement. Any provision of We agreement that is held to be Invalid shall not affect the validity or enforosability of any other provision in this agreement This eg►•eemernt shalt be binding upon, and inure to tha benefit of, the heirs, sesignees and successors to the parties. 42. BROKERAGE, Landlord} and Tenant shall each pay to Broker(s) the fee agreed to, if any, in a separate written agreemei,k Neither Tenant nor Landlord has uftmd the servi es of, or for any other reason owes compensation to, a licensed real estate broker QndWual or corporate), agent, finder, or other entity, other than as rented in this agreement, in connection with any act foisting to the Premises. Including, but not Nrrlited W Inquiries, introduCNOM consultations, and negotiations leading to this agreement Tenant and Landlord each agree to indemnify, defend and hold. harms the other, and the Brokers specified heroin, and their agents, from and against any costs, expenses � Rabtifly for compensation , do cd hold incOMMOnt with the warranty and representatlan in time paragraph 42. 43. AGENCY CONFIRMATION: The folicwllg agency relationships are haroay confirmed for two transaction: !.!sting Agent: ,todne ; Se1ona Realty (chock one): (Print Firm Name)16 ft agent of W the Landlord exclusively: or Ll both the Tenant and Landlord. Selma Agents (Print Firm Name) (if not same as Listing Agent) is the agent of (check one): 0 the Tenant exclusively: or ❑ the I.Andiord exclusively, or a both the Tenant and Landlord. Real Estate Brokers are not parties to the agreement between Tenant and Landlord. Landlord's initials ( "AUFOIA ) Tenant's Initials (C-) f - copyright d1+ 1998 20OCtAT ION OF REALTORStt1, INC. Reviewed by �� Yeuexo lCL REVISIEID 111i1(PAGE b of 6) ,Isis �ann COMMERCIAL, LEASE ASREEmEW (CL PACE a OF 6) 6SS 2d Street 3 -53 o: rage � � i LU71 -U�-39 73 :iJ ;:3/ F'U1 From: Production 0=0und EXHIBIT 11 PG 6 ��} 721000 5 adjacent V*xking• AP&COr located at the Xortb"*terjy ) tSrarinisea: �4tart coxettsr of 6SS 2d Btt+eelb �r�itaar Cll pate &%X- 2t .20Z2 Landkwd and Tenant acknowledge and agree that Brokers: M do not guarantee the condition of the Premises; 01) cannot vOrlfy reprstentaUOns made by others; fill) will not verify xoning and land use restrictions, (1v) cannot provide legal or tax advice; (v) will not provide other advice or l= urtherm lnl'onnatlon that exceeds the knowledge, education or experMnce required to obtain a real estate license.. ors, if Broken don not also acting as Landlord In this agreement, Brokers: (vl) do not decide what riae+ttat rate a Tertant should pay or landlord should accept; and (vll) do not decide upon the length or other terms of tenancy, Landlord and Tenant agree "tat they will seek legal, tax, Insurance, and other desired assistance from appropriste professionals. C) Tenant AU G�h.�Akl- saidinm- Lie± (Ptifrd Name) °--- --- Address CHY Tenant Date p3 / ?i /Zd22 State ZIP Date (Pd fd Natrre) Address City state — ZIP ® GUARANTEE: In consideration of the execution of this Agreement by and between Landlord and Tenant and for valuable considem&m, receipt of which Is hereby acluxWedged, the undersigned ('Guarantor`) does hereby; (I) guarantee unconditionaly to Landlord end Landlord's agents. success= and assigns, the prompt payment of Rent or other sums that become due pursuant to this Agreen erd, Including any and all court cost and attorney leas included In enforckV the Agreement; (tlj consent to any granges. mndiffcatbns or alterations of any term In this Agreement agreed to by Landlord and Tenant; and (itl) waive any right 10 require Landlord andlor Landord's agents to proceed against Tenant for any cwauk omrring under QUAgreement before seeking 10enF0M this Guarantee. Guarantor (P int Narraatl ..hot m e _ u...& Address Date 5/24/2012 city State ri Telephone Fax E-mail p Landlord Address Lendion Address on the above terms and conditions. Date 051 ?4 / ?4I2 C4 State — - Zip City Agency relatlonsldps are oMiirmed as above. Rent saute brokers who are Landlord and Tenant. Date -0.512412OZ2 State — Zip not also Landlord In this agreement are not a party to fhe agreement between Real Estate Broker (Leasing firm) ORE Lie. # By (Agent) ORE Lie. # Date Address City State - - 7jp - Te— Fax E-mall Real Estate Broker (Listing Firm) IOae= c 9S g a ORE Lie. # �ti e_ 9 „r x .. By (Agent) ORE Lie. # �...�r. Bate Address City State — ZIP Telephone ,`� Fax E-mail 'THIS TAM HAS BEEN APPROVED BY T1 E CALIFORNIA ASSOCIATION OF REALTOR (C.A.#R . NO REPRESENTATION t$ MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON t IJALIFIED TO ADVISE ON REAL ESTATE TRANSACTION$. IFYOU DESIRE LEGAL. OR TAX ADVICE, CONSULTAN APPROPRIATE PROFESSIONAL This farm is availWe for use by the *Dft real eatata industry. k Is not hoarded to identify the user as a RFALTQR®_ REA LrOM Is a regiatered collective rr arehtp mark which may be used only by n*mbem of the NATIONAL. ASSOCIATION OF REALTORS who auMftba to Its Cads of Ethlcn. Pubblisdand DMVIbulad by; - UREAL. ESTATE BUSINESS SERVICES, INC. s subsl aryofft C:s tWs Aa�cAWw of REAtTORM a + 5Z SmIh Virgil Avenue, Loa Argd", Callon 9020 CL ROMEO 11fi1(PAIGE S dF 6) ftrvtevved by „� �, pate COMMERCIAL LEASE AWMMENT (CL PAGE 6 OF 6) 555 2d Stmt 3 -54 c 1 01 0 Q J COX 0 MONO No rN I O LU LU cc x z 0 A r < w a N `U' a U. 0 a 0 b w j w y Y F n }. zN 4 oK r ►- au o IL u 0 7;: " 0 a h` 3 w E . ° Q Z W V a Ji. O e K o< Q J=to O: < _ u �N $ ~ E c$ E x a d n ti Z o 7la q�1 6 i) o ze D LIL IL uc V tR x U. ' u 4: z o u. = u a. t \ .n � , a c3 0 � w a• � V ~ +^ tV \ N _ 4 �► 10 �� i a o w y o c r ° -I N W t� v Im a �^° g o a V w o l E ° a r ql u N a< 3t O V A a K 1 vi rL t7 U ■ (� LU X Vs V t i 1" �a u. ° at 1t1�� k• 41 , $ • > � V c � 0 1w. � n47� W ` U_ m V f. ZF lu w , `q� MVr IV y N Cc V-k it a$ ti LL p c s' -t ° u M N-N cl ix • `" n 0 � n E ( { q zo Ir. • O O J O Yc t w p T. c EXHIBIT 2A 4PGS I I I i j j I j i �I III I I 1 I I i FF I i 0 0 COX MONO No EXHIBIT 2A 4PGS I I I i j j I j i �I III I I 1 I I i FF I i 0 0 • z t � r� � l .N C "I . EXHIBIT 2A �J O h a CL X 0 T �- .n W a � ' I JJ �; W� N u° LU � o '^ o 1 LL z 0 W Ix H u a i 4 l; v- 9� D u a OW EXHIBIT 2A 3 -57 \lb d. ►. L� n �n ti v v w l y� EXHIBIT 2A 3 -57 EXHIBIT 2A ri �jjtr I s I P}� ' s JI 1 ' `t t i•lliry�- I + 1 d` , 1 1 }, • I 1 1 11 EXHIBIT 2B 14 PAGES Nei "I OFFICE BUILDING il 011- ---t LEGEND APPROXIMATE BORING LOCATION (NO B-1) APPROXIMATE BORING LOCATION CONSTRUCTION TESTING& ENGINEERING INC. 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"I. 4, `� "t ,dv :W....r ,.S'4{i ^"*:z „=e,- .+'...� M� 682 1/2 South Coast Hwy 101 Encinitas, CA 92024 - Google Maps Goode 1/15/13 10:11 PM To see all the details that are visible on the screen, use the "Print" link next to the map. https://maps.google.com/ P5ye 9 pf 1 Phase I Environmental Site Assessment Page 31 And Limited Phase II Environmental Site Assessment Developed etty, APN 258-162-09-00, 669 2"d Street, Encinitas, California ped Pro May 15, 2012 CTE Job No.: 10- 11076E T ABLE 53 .4 SUMMARY 1M6ERVAT[ONS OF AERIAL PIIOTOC RAMS ' Photo Date SUMMARY OBSERVATIONS On Site Off Site North: Developed row type structures. 1939 Site is developed and supports at least one South: Developed row type structures. structure East Developed row type structures. West 2cd Street a paved two line road; developed rowltype structures fiirther west. 1947 On site structure on west approximate one -half Increased development in all compass appears larger than 1939 photograph. directions comparative to 1939 photograph.l 1953 On site structure appears to be larger than 1947 Increased development in all compass photograph. directions comparative to 1947 photograph Appears there are two structures on the site 1963 with the large structure over the west Increased development in all compass approximate 213 and a smaller structure on the directions comparati-ve to 1953photograph remaining east portion, 1974 On site structure covers most of the lot Increased development in all compass footprint directions comparative to 1963 photograph 1990 "Grainy" appears to be similar to 1975 Increased development in all compass photograph. directions co arative to 1974 hoto h 1994 Similar to 1990 photograph. Similar to 1990 photojtraph. 2005 Similar to 1994 photograph. Similar to 1994 photograph. Reviewed aerial photographs are attached in Appendix F. 5.3.5 ToMgMMMb c Map Review Topographic maps for the target quadrangle were available for the years 1901, 1904, 1947, 1949,1968,1975, and 1997 were reviewed. The following Table 5.3.5 provides a summary of target quad topographic map observations. ��EsC_sv� pte�to -I 1076EMmw i repmt doc 3 -62 Phase I Environmental Site Assessment Page 32 / - And Limited Phase 11 Environmental Site Assessment Developed Property, APN 258 - 162- 09 -00, 669 2°d Street, Encinitas, California May 15, 2012 CTE Job No.: 10- 11076E • • T:ABL'E 5 X3;3 : UMMAPY (Ii- OBSU.V.A'nONS Or,,i"A RGBI' QU:,4URArT ItE II)POG"PMC lv>:P PS map Date Scale SUM MARY OBSERVATIONS On Site Off site 1901/ Site is developed with linear aligned roads. Encinitas is developed oath linear aligned 1:125000 Detail cannot be determined due to scale. roads. 1901i Site is developed with linear aligned roads and 1:62500 appears a structure is on site. Detail cannot be Encinitas is do-,eloped with linear al' ed ° determined due to scale. roads. Similar to 1901 topographie maps. 1904/ Site is developed with linear aligned roads, _ Encinitas Public School to west of site. 1:250000 individual structures not shown. Detail cannot Highway 101 is well developed road arterial to be determined due to scale east of site. Detail difficult to determine due to scale. Area ofsite is shown as developed. 1947/ Site is show as developed, though individual Pacific View School to west. 1:50000 structures are not shown. Highway 101 is well developed road arterial to east. 1949/ Site is developed with linear aligned roads,.non Similar to 1947 topographic map, Pacific View 1:24000 t structure appears to be on site. School to west is not named. 1968! Site is show as developed, though individual Similar to 1949 topographic map, Pacific View 1:24000 structures are not shown. School to west is shown. 1975' Similar to 1968 topographic map. Similar to 1968 topographic map. 1:24000 1997/ Similar to 1975 topographic map. Similar tc 1975 topographic map. 1:24000 The referenced topographic maps are presented in Appendix G. 5.3.6 City Directory Review EDR Inc.'s city directory report included listing for the subject site and nearby properties along 2°d Street and South Pacific Coast Highway 101 to evaluate potential environmental concerns based on site usage and past activities. Historical information for. the selected addresses was obtained from the Haines Criss -Cross Directory. The directory listing accessed by EDR were dated 2005, 2000, 1995, 1990, 1985, 1975 and 1970. Svc gmo�ec��a� 1 o76E1 %m t repmtdw 3 -63 Phase I Environmental Site Assessment Page 35 And Limited Phase H Environmental Site Assessment Developed Property, APN 258 - 162- 09 -00, 669 2°d Street, Encinitas, California May 15, 2012 CTE Job No.; 10- 11076E through EDR is dated 1929. A brief review of the Sanborn. Map is provided on the following Table 5.3.7. The Sanborn Map is provided in Appendix I. 5.3.8 City of Encinitas Records Review City of Encinitas City records were reviewed at the City Hall on April 12, 2012. Copies of the City permit summaries are provided in Appendix J. Additionally, telephone inquiries to the City of Encinitas Fire Prevention were performed on April 9 and 16, 2012. A summary of the reviewed records and inquiries are provided in the following. Presumably the City records extend back to 1986 when the City was incorporated. The City records did not yield information to indicate the presence of hazardous materials or petroleum products on the subject site or adjacent properties. \\Esq- s0Vft- 'Vxojec&d0 -1 107ee e I remt.doc 3 -64 SUMMARY OF OBSERl?ATWII�T;S't)F �ANB0ItN'1 IItE IINSUR. i4t±iC E MAPS Map Date SUMMARY OBSERVATIONS On Site Off Site Site is developed with a building labeled North: Undeveloped property. "Water Off" (Water Office?) with piping South: Attached building labeled `D" for 1929 supplies apparently within the building and pipe apparent residential use. storage outside the east approximate one- East: Undevielopedproperty. oa quarter of the lot. Site address is 35 2 Street West: 2nd Street is adjacent with apparent based upon street numbering. residential (labeled `D ") and undeveloped fiuther west. The Sanborn Map is provided in Appendix I. 5.3.8 City of Encinitas Records Review City of Encinitas City records were reviewed at the City Hall on April 12, 2012. Copies of the City permit summaries are provided in Appendix J. Additionally, telephone inquiries to the City of Encinitas Fire Prevention were performed on April 9 and 16, 2012. A summary of the reviewed records and inquiries are provided in the following. Presumably the City records extend back to 1986 when the City was incorporated. The City records did not yield information to indicate the presence of hazardous materials or petroleum products on the subject site or adjacent properties. \\Esq- s0Vft- 'Vxojec&d0 -1 107ee e I remt.doc 3 -64 Date EDR Searched Historical Sources: Actial Photography April 02, 2012 Target Property; 669 2nd Sttva Encinitas, CA 92024 .Year &Sk 1939 Aerial Photograph. Scale: 1 "-555' 1947 Aerial Photograph. Scale: 1 "=655' 1953 Aerial Photograph. Scale: 1" 555' 1963 Aerial Photograpb. Scale :1 "=555' 1974 Aerial Photograph. Scale: 1 ---6W 1990 Aerial Photograph. Scale: 1"--M6, 1994 Aerial Photograph. Salle: I"-.5w 2005 Aerial Photograph. Seale: 1'k--5W l�¢ils Flight Year 1939 Flight Year 1947 Flight Year 1953 Flight Year. 1963 Flight Year. 1974 Flight Year: 1990 .'Composite DOQQ - acquisition dates: 1994 Flight Year 2005 3291760.5 2 Somme Fairchild Jack A worm Paris Cartwright AMI USGS EDR EDR 3 -65 3 -66 I x � fr C �,+. `" 1k, �•� `i, a �� -.. f F7�.rw'* � =fir d`, '�,# }. 4 - , AN 1 too 'b. �„�• �� _>4 ^ r� .��, leas .F`r r. r �.. r. IV Zv� Lo d It �y �,�_� ��:�.� 4555 �'t, ,_i ip.. � � ,�,. .•;� 1. �aa !'��..� ..�.w'V a `a � .�,�� r \4� � •� ,t�i�.• -rE_� { ��u o�� f <F.�'� �.� t g ,i ;v. -: �i...8t �; C'_ { w, .r.t '� ;� t�. _-.f" F y,<�i # � �i�� k -n�•�� ` •fµ.4 ps., 1� Y s c it � •y{ p `� i.� F � 'ljir 1ti t 4 4` { 1 `1- a �`� � d�J► � arc 3 -71 INQUIRY#: 32817$0.5 fEAR: 2005 3 -73 farm.28 Cullen planned to develop a coastal resort modeled on Brighton and other successful resorts along the southern English coast.29 His land was subdivided into lots and sold for $30 and $45. Streets were named after coastal English towns. A 300 foot pier was constructed by Cullen in 1917, just north of Cardiff Reef around the mouth of the San Elijo Lagoon, but was destroyed in a storm in 1918.30 Unfortunately, the project was not a success, and few lots were sold. The population of the area in what is now encompassed by the City of Encinitas stood at about 160 people 3' by the late 1880s. The population stayed small through the turn of the century. In 1913, the State of California constructed a road through Encinitas, which brought some new revenue with the new traffic, and electricity arrived in 1915.32 The founding of the San Dieguito Water District in 1923 meant a regular water supply was now available for Encinitas. The availability of water sent land prices shooting up, and helped the introduction of avocados as a crop into the area 33 The successful introduction of avocados was accompanied by the equally successful introduction of the flower industry in the 1920s. One of the first flower growers to establish in Encinitas was Paul Ecke, Sr. Ecke, Sr. had begun his poinsettia business in Hollywood, but moved his operations to 40 acres in Encinitas in 1923. Thomas F. McLoughlin found that the soil and weather in Encinitas was perfect for bulb growing, and set up his farm in 1924 with bulbs from Holland .34 By the end of the 1920s, almost 400 acres had been put into flower and bulb cultivation. Other growers that established businesses in the Encinitas area between the 1920s and 1950s included �. Elmond Thornton, Elizabeth Briggs, Dr. Oscar Gabriel and James Harvey.31 The land boom of the 1920s sparked acres of new subdivisions and opportunities for developers and builders. One of the visible reminders of the growth. boom in the 1920s is the La Paloma Theater, on the corner of D Street and the South Coast Highway 101. The La Paloma Theater was built in 1928 by Aubrey Austin, and is rumored to be the first talking picture theater in rural America.36 Another well known landmark from this era is the two boat houses built by Miles Kellog on Third Avenue, which are still in use today. Kellog also built and owned other commercial buildings on South Coast Highway 101, or what was then called First Street. Growth continued in the coastal towns until the Depression put development on hold in 1929. 28 Ibid. 29 Ibid. 30 O'Connell, Lloyd. (1987). A Short History of Encinitas. Accessed in June 2010. Retrieved from http://encinitashistoricalsociety.com. 31 32 Hartley, Mac. (1999). Encinitas, History and Heritage. Donning Company /Publishers. Ibid. 33 ibid. 34 Ibid. 35 Ibid. 36 Ibid. Encinitas General Plan Update Current Conditions Report M EXHIBIT 2C 3 -74 paved in the mid 1950s.42 The first substantial changes show up on photos from the 1960s. An aerial photograph from 1964 shows Interstate 5 under construction and residential development reaching the mesa west of Green Valley in Encinitas and Leucadia. The Vulcan Shopping Center was constructed in 1960, the first shopping center in the Encinitas area .43 Competition with this center and the Safeway on Santa Fe Drive, combined with existing poor economic conditions, caused hardships for local small merchants in the downtown area. By the time a 1980 aerial was taken, El Camino Real had become a major road, and dense residential development had move east to Olivenhain. In June 1986, voters in Old Encinitas, New Encinitas; Olivenhain, Leucadia and Cardiff -by- the -Sea voted to form the City of Encinitas, incorporation effective in October 1986. Development has continued at an accelerated pace up until the present time (excepting periods of economic fluctuation). 11.3 CULTURAL RESOURCES INVENTORY There have been three studies done that address historical resources in the City of Encinitas. In 1980, RECON completed Phase II of a Regional Historic Preservation Study for the Comprehensive Planning Organization. The historic preservation study included approximately 110 aces of North San Diego County, including what is now the City of Encinitas. The study includes a historic resource inventory, which listed 67 structures, properties and sites in the communities of Old Encinitas, Olivenhain, Leucadia and Cardiff -by -the -Sea.. i In 1992, DWL Parkinson Architects Preservation Studio conducted an architectural and historical resources inventory for the North 101 Corridor Specific Plan Area and Downtown Encinitas Specific Plan (DESP) Area .45 • A total of 92 structures and other resources were identified in the North 101 Corridor and 105 structures /resources were identified in the DESP Area. These were divided into four categories: (1) Recommended for National Register Status, (2) Recommended for Local Landmark status, (3) Recommended for Preservation, and (4) of Contextual Value. Exhibit 11 -1 lists the resources identified in the 1980 study and the two 1992 studies. The inventory is relevant; however, some structures have been demolished and /or remodeled since being surveyed. Updated photograph and condition pages have been prepared for the remaining resources identified in the three reports discussed above. 42 [bid. 43 [bid. 44 RECON Environmental, Inc. (1980). Cultural Resources Review Phase II Historic Resources Inventory. Listings on Olivenhain, Encinitas, Cardiff and Leucadia. Manuscript on file at RECON, 1927 Fifth Avenue, San Diego, CA. 45 DWL Parkinson Architects Preservation Studio. (1992). Architectural and Historical Resources Inventory of the North 101 Corridor Specific Plan Area. Unpublished manuscript on file at the City of Encinitas. i Encinitas General Plan Update Current Conditions Report EXHIBIT 2C 3 -75 U) V 7 O N N N Y 7 U d c rx W EXHIBIT 2C 4PGS 3 -76 m iL 'S f "b .g 'S 'S u u 'Fi iS U L@o G N� ,T�ppe �C C C � YC 5 YC �C y3y p C�p YC pC C C ,Q O OF1 Cpl O C •p�j O m O Cm O C _W N +' C Ol '0 C _T •A j. E Cn C p7 �7i c U_1 'w � C 01 'N m oC - � C .4� N � 'Si � tQl 'si -1 'a C Ol in O7 - '3.' " 'N c � c p� 'ipn � OI 'uN C 01 •�l N V Z. (9 Z l9 l7 t9 17. Z Z Z C9 (9 C9 (9 Z n. Z Z � -- Z Z Z- Z C7 0 Z Z Z (7 Z Z Z Z 9Ai Z Z Z Z l7 Z _9n Z Z �p G x x x x x x x x x x x x x x x x x x W x x x x W x x G .Z QE G j � !� v � '� O u J'6 9 '0 C � .O L � C t � L � .� C -� aa '� � •� G C � N .a C s u S u W c u Y p . S � C NN c •M c� C c N S pW e q c V C C W W W O O O O W W J W W ji W W W .9 W� cO W W W W m W- m m m v w 'V .� o Z '. ��pp J O C 7 �yCpp , 1CQ Oyu C m O C LL Vf LL ✓7 m 1n . VlC m N Lm N y 'O y A F- y Zs m. 11 V �. p. _ '� •C N '�O �yD Q - O O O ,cam o 're - ie �O' % '�O' % s O �'1 R �. jmfy G f�� O S� g Q W> F5 �._ A 0 �_ A N T_ a 2 Z Z Z Z Z O t'J 2 LL LL s vi vR LL LLi �n LL y V a N N to Vl V) N �7i tR vp5i (O. pi yqN �D O• P CO N cl, ,�,. sF N O 1A N N N N .Mp M NV ..�{{ E Z I :S �7N E E c $ w o 52 7 m L Vl ,C 2 1 S xqa� Ci > S 2 .. W g 2 2 2 U 2 T S S S 2 cn o 19 DO oW 3 -76 EXHIBIT 2C a) 2 'u r w 3 -77 . EXHIBIT 2D 3PGS Staff Advisory Committee Poinsettia Room April 18, 2012 11:00 am FINAL MEETING NOTES, Agenda Retail Store and Yoga Studio Location: 669 Second Street (APN: 258 - 162 -09) Zoning: Downtown Encinitas Commercial Mixed 2 (D -CM -2) Project Description: The applicant proposes a second story addition to an existing 1,700 - square foot building, and a change of use to a retail store and yoga studio. Roll Call Staff: Torn Cuniden — Planning, Masih Maher — Engineering, Steve Nowak — Engineering, Roy Sapa'u— Planning, Andrew Maynard- Planning, Anita Pupping— Fire Prevention, Mark Beauchamp — Building and Rob Blough- Traffic Engineering. Applicant/ Representatives: Lhotse Hawk, Owner Sigrid Cottrek, Business Partner /owner Mark Delaney, Contractor Project Briefing: The applicant is proposing a second story addition to an existing 1,700- square foot building previously utilized as an office. The addition will be approximately double the size of the existing building. Points of Discussion: ■ Planning Department: o A Design Review Permit and Coastal Development Permit will be required for the project. The overall timeline to process the discretionary permit is approximately 3 to 5 months from the time of complete application: o A Citizen Participation Program (CPP) meeting is required in addition to the standard public notification package. It is recommended to complete this meeting early on in the process to address concerns or to modify a project if necessary. o The existing on -site and prorated street parking would be considered as meeting the parking requirement for existing legal structures on the property. Any new additions are required to provide additional parking to the current Specific Plan standards. • Any structure enclosed more than 50% by perimeter wall and from above shall be included as floor area for the project and included in the floor area ratio calculation. • The maximum lot coverage is 75% and the maximum floor area ratio is 65 % within the D -CM -2 Zone. • LEED or Built -It -Green projects registered with the City are available to receive priority plan checking through the building permit process. Additionally, funding for the reimbursement of inspection fees up to $1,000 dollars is anticipated for projects completing these programs. Page 1 of 2 3 -78 EXHIBIT 2D ■ Engineering Department: o The applicant shall show all storm water pollution control measures and drainage with the discretionary permit application submittal. o Waste discharge fees and traffic impact fees may be required with the project. ■ Fire Department: • Fire sprinkler may be required with the project. Fire staff will evaluate the change of use and other- code requirements once a precise plan is submitted with the discretionary application. • Exiting should be in accordance with the Building and Fire Code requirements. • A Class "A" roof is required. • Is an elevator being proposed for the second floor? No, we are not proposing an elevator. ADA access is available on the first floor and all services provided upstairs will be available downstairs within a special needs/ children yoga room. ■ Building Department: • Vertical and lateral calculation and any other supporting information may be required to show how the second story is being supported. • A retrofit of the building could be required if the first floor is being modified. If the first floor is planned to be modified, then the applicant should consult with the Building Department on all applicable requirements. f Next Steps: \, Staff recommends that the applicant consult with any department regarding additional requirements, schedule an appointment for an additional SAC meeting or schedule an appointment to submit an application for a Design Review Pen-nit and Coastal Development Permit. i i Note: The primary purpose of SAC is to assist the applicant and identify /resolve issues. Additional issues may be raised through a detailed review of the project by each department. In addition, information presented to SAC may be preliminary and could change, which may modify a department's comments. Page 2 of 2 3-79 STAFF ADVISORY COMMITTEE -� ATTENDANCE SHEET Poinsettia Roomr Date: Meeting Title: a�d Pj 'i � +� Time: EXHIBIT 2D Name: Please Print Title/Company: Phone #: Email Address: Anita Pupping Fire Prevention 760.633.2821 apupping@encinitasca.gov ° Kerri Berberet Fire Prevention 760.943.2229 kberberet encinitasca. ov ° Robert Scott Fire Prevention 760.633.2822 bscott encinitasca. ov o Diane Lan gager Advanced Planning 760.633.2714 dlan.gag@encinitasca.gov ° Kerry Kusiak Planning 760.633.2719 kLuslak@encinitasca.gov Roy Sapa'u Planning 760.633.2734 rsapau@encinitasea.gov ° Scott Vurbeff ^ Planning/Environmental 760.633.2692 svurbeff@encinitasca.gov ED Todd Mierau Plannin 760.633.2693 tmierau encinitasca. Tom Curriden Planning 760.633.2712 tcurrid_@encinitasgp.gov Mark Beauchamp Building 760.633.2731 mbeauchamp@encinitasca.gov Masih Maher Engineering 760.633.2776 mmaher@encinitgLca.gov Steven Nowak Engineering 760.633.2867 snowak@encinitasca.gov ° Nestor Mangohig Traffic Engineering 760.943.2298 nmangoh@encinitasca.gov Rob Blough Traffic Engineering 760.633.2705 rblou h encinitasca. ov ° John Frenken Parks and Recreation 760.633.2755 'frenken encinitasca, ov Bill O'Donnell SDWD 760.633.2849 bodonnel(Wencinitasca.gov Blair Knoll SDWD 760.633.2862 bknoll@encinitasca.gov Andrew Maynard Planning 760.633.2718 ama nard encinitasca. ov n Crystal Najera Eng, /Storm Water 760.633 -2285 cnalera@encinitasca.gov ° J. Dichoso Planning 760.633 -2681 8dichoso encinitasca. ov ° Christina Olson SDWD 760 -633 -2792 colson@encinitasca.gov ° -I-QE400073 SIGrR1 h�nT f/AtrfU ° ID a Turn over for more spaces TASAMSAC- Attendance Sheet.xls 3 -80 F" EXHIBIT 3A 4PGS� San uito Irri ation District -111cinitas, GaTpowraia Dear Sirs; The following Is a report on my examination of the San Dieguito Irrigation District office and shop building located at 669 Second Street, Encinitas. This report, made at the request of the Board of Directors of the San Dieguito Irrigation District and authorized by order of the Secretary of the Board, for the purpose of determining the feasibility of a remodeling program on the existing offices and build hags . R A 2 0 R T ].. LIPE EXPECTANCY: The average life of a frame and masonry building is generally 50 to 60 years. The approximate age of this building is 35 to 40 years, leaving a remaining life 10 to 20 years. Access to the building is more than adequate due to its central location. C -1- 3 -81 . EXHIBIT 3A A. Zack of adequate access at rear entrance. B. Limited space for expansion. O. Inadequate space for storage of presently owned equipment. D. Structural deficiencies. (Defined in item No. 4 below.) E. Existing buildings show a Lack of a master plan over the years, creating a hodge -podge of additions, both tempory and permanent, out biAldiugs tempory and permanent, and shop and work facilities which were designed to meet an Immediate need and are probably inadequate at the present. _ - ----�n 4. �, acTURBS A. ix.AIN BUILDING (hasonry and frame, approximately 50' X 30 t ) 1. Oonerete four da, tions" with wood flo_ prs are set too low for surrounding grades and probably have or will have basement -less space water problems. 2. Exterjgr "Is are hollow the masonry, now an obsolete building material, plastered over and consideration to permanency in a known earth - quake zone should be given, Oonsiderable craekliig and checking is already evident. 3. Floors are wood with some dry -root and termite infestation. Re- medial measures should be taken. 4. Finish f14.Qrs, .none apparent.. 5. Part Lion framing is of standard materials and construction. Interior walls are plastered and refinishing would appear to be required. 6. Ceiling _gxsm�g is wood members with lath and plaster joists Which are over - spanned for present day requirements. Plaster is cracked in a number of places. 7. Roof framing'is over - spanned, although sagging is not apparent. S. R o n ; no examination was made, but past -2- 3 -82 EXHIBIT 3A `c &,� experience would indicate when a new covering -would be needed. 9. Lath sad vlZster is cracked and peeling. Re- working would be required. 10. - Decorating; none apparent. 11. Interi__ or doors and JrJM are generally deter - iorated and would probably not be usable In remodeling. 12. 'Windows: mood sash deteriorated, poor fit and inadequate l.ite and ventilation. To relocate or add would be a,-,considerable problem with hollow tile exterior wall construction. 13. MatrUces A Interior d.e ice. Safety rules requite public building doors to open out. •No exterior detailing was apparent. 14. Dabinet §and Jaterior detail are outmoded, poorly located and none could probably be re --used in a remodeling program. 15. Ply ina is generally in poor condition. Con- sideration should be given to State requirements for sanitary and resting .facilities for female employees. Probably none of the fixtures could .be re -used and a major portion of under - ground and under -floor piping would have to be replaced. - 16. • Hea is inadequate for even- minimum comfort requirements. 17. ,glegtriig wiring would have to be complytely, re- vamped to comply with existing codes. 18. Lj &h_t_ irate is not adequate. 19. H r a e is out - dated. re -used. Probably none could be -- 3 -83 EXHIBIT 3A [qk,I The above report, to the best of ray knowledge is true and accurate, as to certain conditions pertaining to the building located at 669 Second Street, Encinitas$ and is to be used only as a determination by the San Dieguito Irrigation District Board as to the feasibility of a re- modeling program on the above property and structures. CDFtnf ti -4- JAIsES C. FOWLAa a SON Curtis D. FO er 3 -84 OC I. 1VI 1" �tfLl `"arran' EXHIBIT 3B 1869$ iaonisgo Co. eater Aatheroy i a54o.40 18696 Sec etafo . B d is. Pond Co. 4.40 188669987 8senterr�apaevola. lone 8850. y447 18699 Booth Coat 3eDheltlArodsets 1.08 18700 itadsrd 011 Co. of Calif. AU" 1I/ j 18701 !:qpaptae iaptoyees 14Lira. .8 18703 WehL p0eiyyl &eilgymCppop. XSB.40 18704 Herbert C. ltfsir�oaCgo ttN960i8.e0 ' total Merrants i Me being the date nt for the oPenlsg of yids for the �1 sale o`r the dusting district office building and yrmparty at 669 aaacud atreety as Der the attached afridarit of paUcation, the georetary amocond that m olds had been reoeisM. After - dlsaassim, Director Petsold moved that the district retain the property ad contaat the Postofflee regarding rental of the building to than during the Christmas seance. Notion vas aecmded by Director Vast- and unanimously oarreed. In assonant for plPeline Purim"- true Willies A. and lather E. Sanders, war and across a Portion of the Northwest Quarter of &-tint 14, T136, RW, Blunt, Ves - accepted and orderd recorded. Notion vas ade by Director patsold, seconded by Director Vastm and .4-tommusly carried. Discussion van .held eancerning facility fees a cuthorizd bw 1959 inclusion resolutions. No action vas taken. Mr. Clifford Bobs appesrd before the Board to request thet •e fall =cut shelter display be allowed m the Purring lot m t to the eslating district office building. Be van inforod that the J diatriet3s lease m the lot was to be aemend affeetirs November let. After discussion the Board agreed to -allm the display to be yiaaad on the redact lot adjoining the new district office building m -De gtrnt fw a period of 90 dot's. i I 3 -85 Discussion was held concerning facility fees as authorized by 1959 inclusion resolutions. No action was taken. EXHIBIT 3B Mr. Clifford Suhm appeared before the Board to request that a fall =out shelter display be allowed on the parking lot next to the existing district office building. He was inforned that the 1100 district's lease on the lot was to be cancelled effective November 1st. After discussion the Board agreed to allow the display to be Dlaced on the vacant lot adjoining the new district office building on "D" Street for .a period of 90 daps. 3 -86 -6- __7 IVI ill IfM EXHIBIT 3C 20PGS NOW, THEREFORE BE IT RESOLVED that the officers of the San Dieguito Irrigation District be, and they hereby are, authorized to enter into an agreement with the County of San Diego for the purchase and delivery of gasoline under the master contract of the County of San Diego starting July 1, 1960; said agreement to continue until such time as it is terminated by the County of San Diego or by action of the Board of Director of the San Dieguito Irrigation District. Passed, adopted and approved this 10th day of May, 1960 by the following roll call vote: AYES: Directors Perry, Hales,.Cook and Blecha NOES: None ABSENT: Director Petzold. Field Manager Bonser requested that the Board authorize him to request bids for the construction of a million - gallon steel reservoir at the booster station at Balour Drive and Santa Fe Drive. Director Blecha moved that the Field Manager proceed with the preparation of the specifications similar to those used on ._recent tank installations, and that, when completed, he be authorized to request for bids. Motion was seconded by Director Perry and unanimously carried. Attorney Cranston reported on the Irrigation District Officer's Convention held May 4 -6 at Yosemite which he attended. Chairman Hales indicated that he though that this was a good time to start making plans for a new office and operational headquarters on District -owned property in Encinitas East Block 5 and that it also would be a good time to consider disposing of the present office site on Second Street. After discussion, the Office Manager, the Field Manager and the Secretary were instructed to prepare prelimary floor plans for a new office building as soon as possible in order that an architect-could be hired to review and coordinate plans for bid specifications.. There being no further business, the meeting was adjourned. ATTEST: A A Z797. PROVED. bZ. U) I Secretary President f� I - - -- _ . -� -- 3-87 Resolution NUMber I R61 -2 R61 -3 R61 -10 R61 -4 R61- 5 116l -6 R61 -7 B61 -8 R61 -9 �i Item Letter - Brown &Peterson Res Terms for transfer of Ptn. East Block 5 Ap. Deleting State -Owned Property From District Assessment Rolls Ap. Warrants 18376 - 18399 Ap. Policy - Re: applications for extra large meters to serve shopping centers & Future Installation of 2" meters or larger Ap. Request - Precinct workers pay raise Ap. February 13, 1961 AdjgU ned Meeting Canvass of Ballots of General Election Declaring Persons Elected'at General Election Ap. February 10, 1961 Water lines & facilities acceptance - Oak Knolls #1 Ap. Water lines & facilities acceptance - Poinsettia Hts. #4 & 5 Ap. Easement Release - Ptn. Sec. 23 - San Dieguito Masonic Temple Ap. Report of Additional Facility Charges - Land Included Within District Ap. Warrants 18400 - 18438 Ap- Change in Wording of Agreements and Deed for Transfer of Property in Encinitas East Block 5 Ap, Consenting to & Approving Appointment of District Representative to SD Co. Water Authority Ap. Insurance Payment received - Accident Involving SDID tracts& North Coast Ambulance Co,. Marchant calculator purchase Auth. Koebig k Koebig Authorized to prepare Plans, Specification & Documents for Water Line Install- ation on La Costa Ave. - Freeway Study 1 Ap. Koebig & Koebig Authorized to Acquire Necessary Water Line Easements in Connection with Freeway Study No. 2 - Ap, 6" Minimum Size of Pipe Line Installation Ap. J 3 -88 q$by f. �ry'r ��N� �r�T tEKM1Til; • - ANTS RAU •y`y 1Jv1+.+ �, mow++ VV� Co. RECfu « M1r.E 'r CYPRESS 5.9865 FLEAS- Mar"S 935 SHERMAN SA14 OtECO 10, CALS9, - aawcuee[H 6$UVXR FIFH rebraSX7 18, 1961 San Dieguito irrigation Office 60 86000d Street Facinitae, Csliferau Dear Sixas The Yoneviag ite oar report and recosmendatims eon ezzing the termite com4itims feund to eadsit at 669 Second Strevt, Ikeiweitan s 3. Cloment aU wood and paper debris meder homes and treat sail writh 80 gaUWB of 4OWOA strength chemical. 2. Channel dirt fro a OPpruximatOy 25 Piers as stoododo 3. Break open f resat porch, ro4ore earth to wood 'aeat+act, and seel with eneent. fit. Berra" and repair three termite, dazagad viWow as needed. Mesta] cemat. curb on north side of building wt1w" grade level is 'too bide 6. Treat drfervod termites in attic and in windows as needed, 7e MWt&U tans joist +lAng side of -termite damaged joists meder floor as needed. Bo Remove and repair termite damaged f1boring as needed. 9. I"tAU *Aces* to iaaccesssablo portion of leader area. AjW vOrk becoNsarT in tbein area woa3.d be an additiaaa7 charge. The cost of item I thrugj)% 9, with the esceptien of WW additisuta], 'iSort that aigbt be aecossazy in the lAse-eass3able portion ef_wWer area, would be 1593.00. This work would be guaraamteed for am year =A wm d be re- ispteated at the and of we Team. Control Service after the first year mews U be ,00 per your if d"Ired bf the ewer, We appreciate the aonfidumel Tan bxve placed in ear rrspaeq bT westing this z+eperte !tonne contact our office if YOU bonne W'T gaestio ts. V027 'Y Yewara, UM P T OOWrTL ODX 1ka, INC. datnstts 1 P 011302 Jeep Inspe for JilOsxwr 3 -89 `1 EL.WYN L_ BOOTH GzKMM ae:rJUWM IONS MAKI^ ^Va. "W"It Pi.AT"U a.am sXciHirws. CAUFOUNiA March 3, 1961 San Dieguito Irrigation District Board 669 Second Street Encinitas, California Gentlement My examination of the building now occupied by the San Dieguito Irrigation District reveals that major repairs and remodeling will be required to restore the building to meet existing County Code. This would require plans, specifications and permits. The building would have to be evacuated for a period of approx- imately six weeks to two months because of the nature of the required repairs. Following are the things that my examination has revealed; 1. All roof and ceiling joists are overspanned; would require C new rafters, ceiling joists and diagonal sheathing or ply- wood. This would require removal of present roof. 2. Not admquate clearance under floor; at least six inches of dirt should be removed. 3. Floor joists overapanned -some termite damage; would require some new girders, old floor to be removed and replaced with new. 4* Plaster is badly cracked and would probably require new plaster throughout interior. 5. Exterior to be sandblasted and painted. 6. An Engineering report would determine if the iiollow the would meet requirements. It seems doubtful. 7. New paint on interior. New roofing. 9. All electric wiring would have to be brought up to code. 10. Plumbing would have to be brought up to code. 11. Miscellaneous doors, windows and finish to be replaced* It would, in my estimation require approximately 4140500 or $15,OOO to do the above in a workmanlike manner. Respectfully submitted, wyn L. Booth ELB /mb 3 -90 I SM 2ioftito Zr riti ga vn. District (For all nstjor Repair* & Remod&l jobs.& Comaty Bullding gar it,mot be--- - a l'abIle old ,00Aplet-a 16AL -ng plates& Specif- icat Toni �rrith are xvineers cs:Tasilaftoas to bring all old & now imrk ter to State & Co"ty Cod &. - f? "' Upddr:dacaminat ion, I rind the following list of Repair and RePlaceumts sayba ***nary to restore your Offtat Building to State OZd COMIly Cede: stan4ards (del erat.ined by 'the Sagin*ars). ODE All roof & Coiling joists ,ever spamed should be replgce ►d With correctly d-fOentionerd lumber* 3610 Sheathing -diagonal. or Plywood for shear panel. Hrrc r*OrIngs Complete roof -of bu ldtng. ZJqoZ: All Sld flooring to be rme -red to permit under floor W&rk.,Rep•Iacer with now floorlug. U I.F. noor:(Yiuimms Qlear=* 18'� } 6■ dirt to reexoTa. Establish proper venteldion. Replace ttrm,te damaged floor joists.. QYer apanued floor joist* should be reinforced with extra girders. & pier*- 3 -91 Page 2. Walls; Interior partitions apparently O.K. but new shear walls could be re #rfd. Ezterier Hollow Tile walls may zwt meet Seismic Stress requirements, (determined by Engineer) Plaster badly cracaked,all shpUdebe replaced. Rlectric: Replace all wiring to meet Code. Painting: Sand Blast exterior to clean,Mew -Paint all exterior & Interior. Plumbin ;Bring up to Public Building Code Reyair & Re2Flaae: as needed to correct termite damage & near. Suguestion. Inspection & Report from VM.Hayes Jr. County Bulld ng Department Engineer, could be helpfVxi. #s• Rough & approximate estUmte ------------- $16gow.00 .�� 1psud ng on requirements of the Maihdfng Code, interpret red by the Engineer) WAMP 3 -92 -10- Field Manager Bonser were appointed by the Chairman to investigate all phases of the contract and possible future delivery points and to report the results of their investigation to the Board. termite inspector and by contractors relative to restoration of the present office building which were authorized at the last meeting. Director Weston moved, in accordance with a motion passed at the February 10th meeting which stated "if the results of the inspection and restoring estimates indicate that such a Plan is not economically feasible, the District proceed without further delay to request bids for the construction of the new office building at the Encinitas East Block 5 location ",that, as a result of the attached reports which indicate excessive costs for restoration, the Board proceed immediately With re- quests for bids for the new building, and that the previous... Cbuilding committee of Directors Pate, Petzold and Cook, Field Manager Bonser and Office Manager Bauman be retained. Motion i was seconded by Director Hales and unanimously carried. The annual audit report for the calendar year of 1960 as Prepared by the firm of Eggert, Nokes and Baughman of La Mesa was accepted by motion presented by Director Cook, seconded by Director .Hales and unanimously carried. Director Hales moved that the preliminary engineering plans, specifications and documents prepared by the firm of Koebig and Eoebig relative to State•of California, Division of Highways, Freeway Study No. 2 be accepted and that the Secretary be in- structed to mail them to the State in order that they might pro- ceed with the preparation of a Utilities Agreement for said Study No. 2. Motion was seconded by Director Weston and unani- mously carried. Inc. 1N OF CARDIFF, ENCINITAS & LEUCADIA 1S6S RU9ENirON AVF_. ENCENt7A6 February 21, 1961 Mr. Charles Hales, President San Dieguito Irrigation District 669 Second Street Encinitas, California Dear Hr. Hales; The membership of this Asaociation is vitally concerned about the SDID Board's contemplated plans. for a new office building on the Cornish Street hill site, We believe the present office on Second Street does and will continue to serve the best Interests of the taxpayers in this District for the following reasons; and therefore appeal to you to give further serious condi.deration.to having it renovated, and brought up to standard with adequate working space < for the office staff= Is The Second Street site is far more convenient for the greatest number of people, being close to the Banks, shops, Post Office, Doctore, telegraph, service stations and other services, One stop and parking space will reach all the Most important needed services in the District. 2. Many of the older residents In the District do not have personal transportation. They must walk, or rely upon taxi services. An extra trip up the hill to pay a water bill would be an added expense for them. 3. Renovation of the present office building would save the taxpayers in the District many thousands of dollars.; permit shops for housing field equipment and tools to be constructed on one of the more convenient locations,centrallysituated , 4. It is estimated that the Cornish lot has probably boubled in value since it was purchased, which was a good investment for the District. Sale of the Cornish hill site would no doubt o g far toward paying the costs for renovating the present office btk13i3d- ing We request that this letter be read at the next SDID Board meeting, (march) and become a part of the record of that meeting, Y your b r, e dent rty Owners Association, Ino, 3 -94 VANDER ' OF OMS CE . r\i .. . . . . . . . . . . C A R D I 1± i^ • E aN C t N A 01 A p.C: SOX 044, L°NCINITAB. CAL PIM41A i zrch 9, 1901 Board, of Directors a2.2 Die uito Irri.;{.tion District 669 2nd. street incirdtas, California 3entlemens At a regular metin; of -tire Board of the ZardU .aacini.tas- izucadis Cia__:i =-r of 0oisnerce tkie folloydiz; motion t°vas voted upon and approved. ',k feed teat t_ Irrigation District in co?siderin_? � _� conswruction of a n?�f buiw4i , give ti:e area _tore i,nfor3;iatioa as to h --re tl': funds are to be acquired and iir- cost. It is to our understanding that the. r;on es are to be frog Line incl45ion fees. If t i~s is true, that s against ti,e state.-zents -aide pubUcl:.r Jheri t_.is issue :as before t1he Public for a vcta. w _iovat: -oiy of t< =i� pre$e It of Tics 'Wild' T1;; „•,u3.d Si aml to be tie _:or-- feasible c::)urse at t'cz_s ti_,-e, ecorlora,cal•!., as ;.ell as for public ;:'e+ e' - (a)' Costs undoubtedly vx.0 id ; one fort; or less for extens?o-n of exi tii1Z faCzlities :.ith ware houeinZ areas at ctr.er locat,.ons, than tiie building of a coriplete new facility in oti;er Iom.ians. (b) ins existing; 7ocatioq for sore ti,�e to cane is dezir►ttel,r ;-=-e convenient for tii8 residents of our area to Py bills anti etc. sixice all atizer facilities, ::Inkcs, lost Office, Stores, etc. ars located in this im>ediate area. The nernbersai.p of this Or.- rUdzation is JitaUy concerned about t:ie a- ,n :)je.'LUte rri,y- ion District Board's conttinpl -1 aced p:tans for a not.: office 'bui.ldi.i; j on ; ..e vorzish ; reet hiLL site. :7e believe ti-- present office on _->'ecorid ;tmet does ;:rid , -Ijal continue to serve the be-15t interests of tAe taxpay rs :Li tLis Distri et a, - t earefo e ap;'=�; ' 0 YOU to give fi�rt er serious consideration to .Z:V: I it .,anovltei, amd brou i;t up to standard tlz adequate - ` +or.Cinz s1.ac gel' , :c office staff. .re relu2st.tid -s 1- -tier oe read at tie :. rcYl loth. Board _'o- eting, a_,d become a Part, of the record of t lot maeti ng, J.V,11 ?,zspectfully, . John i;, i uemoke ar e Fres_�denb 3 -95 C-711 San Djegujtt3 Irr, Dist. Beard of Directors Encinitas, Calif or#ia Dear Sirs; Cardiff Civic Club P.O. box 577 Cardiff by the Sea, California Febrwwy 21st 1961 This group wished to request your discarding the plane to construct a new building, at a new location. It seem obvious the existing building, being so well established, and in so convient a location, costing considerably less to re -Tamp for offices, is more pratical and economical. .plan along the lines of one submitted by Mr. Shirley seems more in keeping with the original plans for spending available funds. We request this letter be read at the next meeting of the Directors, and become part of the minutes of same. LDf ca i uek Sincerely{ Lee Denison Pre *. Cardiff Civic Club 3 -96 Resolution �T1�Bibg3 t,= D . i si on MaEch 10.-126_1 Oaths of Allegiance - Directors Vern G. Pate nominated President Ap. Director Weston nominated Vice President Ap. Mrs. Dorothy G. West nominated Secretary Ap. Letter.- Encinitas Professional & Business Assoc. - Requesting donation to aid in v (I development of additional offstreet parking Denied Letter - Robt. L. Cox - Protesting "Added facility fee"- Sec. 22 Study j ` R61 -11 Water Lines & Facilities Acceptance Poinsettia Hts. No. 6 Ap. Lease - The Encinitas Bowmen - Sec. 23 Ap. R61 -12 Deleting State- Owned Property From District Assessment Rolls Ap. R61 -13 Bank Signatures Ap. Report of Additional Facility Charges of Land Included Within SDID Ap. Warrants 18+39 - 18472 Ap. Request refund of District Assessment paid by Marion Totilas - Property Cacquired by State Ap. R61 -14 Purchase of Tank Site - Sec. 14 Ap. R61 -ls Establishing Meeting Dates Ap. Annual Audit - Eggert, Nokes & Baughman Ap. Preliminary engineering plane, specifications & documents prepared by Koebig,& Koebig - Study No. 2 Ap. President & Secretary authorized to sign Utilities Agreement on Freeway Study N0.2 Ap. B61 -16 Koebig & Koebig Authorized to Prepare Final Plans, Specifications & Documents Relative to State - Freeway Study No. 2 Ap. $14.00 fee established for reviewing & approving Water line facilities on tent- ative subdivision.maps Ap. Safe combination to be changed. Ap. . Secretary's Revolving Fund increased - Ap. R61 -i7 Reimbursement to Directors, & Authorized District Representatives, for Expenses In- curred During Attendance at Authorized �J Convention & Meetings. Ap. 3 -97 The recent inclusion of additional acreage to the San Dieguito Irrigation District has added sorne serious financial problems to be considered in the future. In the election, pledges were made to the people of the district, that the inclusion fees would be used to replace old, leaking lines, provide additional storage capacity, build up pressures where too low, and install the new lines required to service the additional acreage. During the election campaign, no mention was made as to the expenditure of any of the inclusion fees for a new office building and the writer believed that the money was to be spent on the actual dis- tribution system. A good percentage of the distribution lines are steel pipe which will need replacing in the next few years. Hence, it f is quite probable that all of the money received -from the inclusion fees shall be required for the above mentioned purposes. Since it is the policy of the San Dieguito Irrigation District to keep our tax rate as low as possible, and our expenditures to the minimum required for the proper service necessary, and with which policy the writer is in accord, I herewith offer the accompanying plans for the remodeling of our present office building. This remodeling can be done start estimated cost of approx- imately six thousand dollars, and would be strictly the office and business center. An additional operations center would be necessary and I would suggest the erection of a simple building at one of the present sites on Saxony or Santa Fe Drive. This building to be approx- imately 48' x 100' or 4800 square feet, which could be built at a cost of approximately $15, 000. , The total cost of these buildings would 3 -98 total approximately $21, 000. This would have the advantage to the public of maintaining the business office at its present location which is the most convenient one for the public, being close to the banks, post office and public utilities companies. The present office site is a landmark of the San Dieguito Irrigation District and is well known to ail :citizens There will be the further advantage to the public of removing the operations center from our present badly congested business district, to an outlying location. You will readily appreciate this advantage when you remember how, the County of .San Diego, found it advisable to put its operation center out on Rosecrans, while they keep their offices in the Civic Center. CWith the present rapid growth of our community, the traffic problem on Cornish Drive, will in a few years be comparable to our present problems on First and Second Streets. So a look into. future conditions now may well help to reduce some of the future problems. May we urge the serious study and consideration of these suggestions by your honorable board. Respectfully, 3 -99 EXISTING OFFICE Second Stree t 3 -100 \j 1' PROPOSED OFFICE Vault Machine Room ris Board Room 40' x 36' x 9" Tax Vault Sec. Office Draft Room Mens Walls - Windows & Doors of Office - Est, $1, 500.00 Wiring $ 1, 500.00 3000 ft. Hard Board Q 25� = $750.00 Installation $1, 200.00 Painting & Misc. $1, 000.00 Total $ 5, 950.00 Rough Estimate only. 3 -101 Resolution Ninaber Decision l Private fire service for Safeway Stores Ap. ' R61 -45 Amending Section-125 of District Rules & Regulations & Establishing Monthly fire i Service Rate Ap. ' Purchase Victor printing calculator Ap, R61 -46 Establishing Position of Assistant Office Manager _ Ap-. August 8, 1063 Warrants 18599 - 18633 Ap. H61 -47 Segregating Added Facility Areas Within Inclusion Parcel A17 Ap, R61 -48 Continuing Hearing on Formation of Improve- : sent District in Ptn. Inclusion Area A18 No Action 6" Fire Service - Safeway Stores Ap, Deputy Assessor & Assistant Office Manager be raised 1 5.00 per month Ap. District employees be given 2 days credit on vacation time for each 5 days sick leave not used Ap. Auggst 22, 1961 R61 -49 Establishing Full 3/4" Neptune Meter as Alternate Domestic Meter Ap, P. Bid - Shop Bldg. - D. D. Giles Const. Co. Ap. $300 worth of mist. fittings, $300 for lighting & wiring & $197 for gas tank in shop area Auth. R61 -50 Continuing Hearing on Petition for Exclusion of Land from SDID - Christopher No Action R61 -51 Continuing Hearing on Formation d Improvement District in Ptn. of Inclusion Area A18 No Action R61 -52 Authorizing officers of Dist. to Sign "Joint Use Agreements" with State Ap. Auggst f ki t196= B —a3'd 9f nuali 9ati ng Meting No persons present having objections to Assessment values & no written protests August 04, 1261 B61 -53 Assessment Levy for Assessment Year 1961 -62 Ap. SentembSr 19 Warrants 18621 - 18667 Ap. R61 -54 Continuing hearing on Petition for Exclusion of Land from Boundaries of SDID - Christopher No Action R61 -55 Water Lines & Facilities Acceptance - Encini i Estates Ap. $100 deposit required with each petition Which is filed with Secretary of Dist. for inclusion & exclusion .Ap, 3 -102 t i Resolution _E uHmb___ _r �.. R61 -56 R61 -57 R61 -58 R61 -59 i R61 -60 j R61 -61 R61 -62 R61 -63 3 -103 (JC 17 - /U, / l-(e _2_ Total Warrants _ 1 7*58.29 This being the date set for the opening of bids for the sale of the existing district office building and property at 669 Second Street, as per the attached affidavit of publication, the Secretary announced that no bids had been received.' After discussion, Director Petzold moved that the district retain the property and contact the postoffice regarding rental of the building to them during the Christmas season. Motion was seconded by Director Weston and unanimously carried. An easement for pipeline purposes from William A. and Esther E. Sanders, over and across a portion of the Northwest Quarter .of Section 11+9 T13S R4W, SBBM, was accepted and ordered recorded. Motion was made by Director Petzold, seconded by Director Weston and unanimously carried. Discussion was held concerning facility fees as authorized by 1959 inclusion resolutions. No action was taken. Mr. Clifford Suhm appeared before the Board to request that a fallout shelter display be allowed on the parking lot next to 3 -104 the existing district office building. He was informed that the 14 18695 1$696 San Diego Co. Water Authority $ 55'+0.)+0 18697 San Diego Gas & Electric Co. Secretary's Revolv, Fund 850 3 .40 .47 18698 18649 Service Pipe & Supply Co. South 608. 4 18700 Coast Asphalt Products Standard Oil Co. of Calif. 103.08 114.58 18701 18702 State Employees Retire..Sys.. 1!44.09 18703 Tops Chemical Co. Webb Pump & Supply C o 218.1+0 46 18704 Herbert C. Armstrong 130�l80 Total Warrants _ 1 7*58.29 This being the date set for the opening of bids for the sale of the existing district office building and property at 669 Second Street, as per the attached affidavit of publication, the Secretary announced that no bids had been received.' After discussion, Director Petzold moved that the district retain the property and contact the postoffice regarding rental of the building to them during the Christmas season. Motion was seconded by Director Weston and unanimously carried. An easement for pipeline purposes from William A. and Esther E. Sanders, over and across a portion of the Northwest Quarter .of Section 11+9 T13S R4W, SBBM, was accepted and ordered recorded. Motion was made by Director Petzold, seconded by Director Weston and unanimously carried. Discussion was held concerning facility fees as authorized by 1959 inclusion resolutions. No action was taken. Mr. Clifford Suhm appeared before the Board to request that a fallout shelter display be allowed on the parking lot next to 3 -104 the existing district office building. He was informed that the 14 V /vl! /CE4 'off Wl of cnd ig + slue of n ssaii!' t� i 'in bny suPPleFhdhC thereof on the foli�tivi no dales _wit. Z 5 NON', ORR, Bt It RNSOL'VZD that the petition for the exclusion of the above described property be and the sane hereby Is, denied. and that -said property be not excluded from the San Disguito Irrigation District. Passed and adopted by the following roll call vote: AUS: Directors Petzold, Hales, Cook and Pete NO=S: Director Weston 1SSZKT: Hone The Secretary read.a letter from the Oity of Ban Diego. stating. that. the water level.in fan Diegaito - Heservoir -is auto- statically raised. to maximum safe gauge height In..the late spring. and no- increase in capacity can be made under present conditions. The letter was ordered filed. Director Hales reported that- engineering plans are progressing showing locations for line cor4neetions to. the seoond.aqueduot and Indicating five systems of.filtration with cost estimates. 'Indica- tions froze the City of San Diego and Santa Pe.Irrigation District who are the other member agencies participating in the study and proposed installations are, that they are satisfied with incomplete studies to date and are anxious to proceed with the most favorable Plan when finally determined. The following sealed bids were received for the sale of the . 3 Property and office building.pt 669 Second Street, Hncipitas, the legal description of which is Lot 11, Block 6, lboinitas, Xap No, 3.46: _8idd rr Bid TermA 001. Richard T. 20y, BncWtas. $26,0M0.00 Cash Alfred A. Gregory; Rancho sand, Fe. :L5,000.00 Oash President Pate announced that the chair would entertain verbal bids from the floor. Thereafter the following bids were submitted: Bidder Xd Terms Jo_"Y. 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CHAPTER 30.54 OFF - STREET PARKIN EXHIBIT 4B 3PGS 30.54.010 A. All regulations set forth in this Chapter are for the purpose of providing convenient off-street parking space for vehicles. The parking requirements of this Chapter are to be considered the minimum necessary for the uses permitted within the respective zones. In addition, to parking regulations set forth in this Chapter, each specific plan, identified in Chapter 30.84, Specific Plans, may have additional or separate parking standards for its plan area. Refer to individual specific plans, listed in Chapter 30.84, for parking regulations within each specific plan area. (Ord. 94 -02) B. The intent of these regulations is to provide adequately designed parking areas with sufficient capacity and adequate circulation to minimize traffic congestion and promote public safety. It shall be the responsibility of the developer, owner, or operator of the specific use to provide and maintain adequate off-street parking. 30.54.020. General Provisions. A. Off - street parking facilities, for both motor vehicles and bicycles, shall be provided on a development site as required in this chapter in terms of both the number of spaces required and their development and landscaping requirements as follows: 1 All new structures on a development site requires all parking facilities on the site to meet the current standards. 2. Addition of new building square footage (attached or detached) to existing building(s) on a development site requires that parking be provided at current ratios for the additional square footage without any reduction to existing parking. 3. Any change of use of an existing building where the new use requires a greater number of off street parking stalls than the previous use, as established by the current. Schedule of Required Off Street Parking, shall provide parking for that portion of the building(s) on the development site where such change of use is established. Existing parking shall not be reduced below current standards. 3 -108 EXHIBIT 4B 04 -10 30.54.020B B. The required parking facilities needed for any development shall be located on the same site or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site. Property within the ultimate right -of -way of a street or highway shall not be used to provide required parking, or loading or unloading facilities. C. The requirements of this Chapter shall apply to temporary as well as permanent uses. D. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed in this ordinance. However, the facilities being used for off-street parking on the effective date of this ordinance shall not be reduced in capacity to less than the minimum standards prescribed in this Chapter. E. Projects with unexpired design reviews or conditional use permits approved prior to the effective date of this ordinance shall meet the requirements of the parking ordinance in effect on the date the design review or conditional use permits were approved, F. All required off- street parking spaces shall be designated, located, constructed, and maintained so as to be fully usable during workday periods or as needed by the use of the premises, -� and shall be permanently available without charge to all uses as intended under this title. Valet parking service, with or without charge, may be, permitted upon the issuance of a Minor Use ermit. -� (Ord. 2010 -10) G. Where the application of these schedules results in a fractional ace, then the fraction shall be rounded to the next higher whole number. , <� 5 ° 7 H. The parking requirement for uses not specifically listed in the matrix shall be determined — by the Director of Planning and Building. Parking studies may be required. (Ord. 2003 -08). 1. In the calculation of parking requirements for centers, off-peak-hour uses from the normal operating hours of the center shall not be counted toward the parking requirement. J. In situations where a combination of uses are developed on a site, parking shall be provided for each of the uses on the site according to the schedule given in this Chapter. (See Section 30.54.050). 3 -109 EXHIBIT 4B 03 -07 30.54,020K K. The required number of parking spaces identified herein are considered minimum standards for the majority of cases. However, the required number of parking spaces may be adjusted based on the results of a site- specific parking study with the issuance of a minor use �-Z permit. Any permitted deviations in the required number of parking spaces shall be recorded in a covenant and shall be subject to on -going review and monitoring. tCritical consideration and documentation must be provided before any reduction _in�the._.number of required parking spaces_.; woul authorized_ for,&xelopment along. or wes �lcan.AyOue f -Ord. 2006 -06) L. Where a limited percentage of a land use is permitted at a reduced ratio in an office complex or commercial center any portion of that land use that exceeds the percentage limitation shall provide parking at a higher ratio for that portion of the land use that exceeds the allowable percentage only. M. In campgrounds where trailers or motor homes are permitted, the campsite spaces designed to accommodate them may be counted as the required parking spaces. N. In single family residences and duplexes, access drives that fall within the required setback may be counted towards any parking required in excess of the first two spaces. 0. Surface treatment for parking areas required for agricultural roadside stands may use a C #2 base, crushed rock or grass crete in lieu of asphalt or concrete avement. Access and egress gess r shall not require backing into traffic. P. In calculating the amount of parking required for restaurants located in commercial centers and office parks, please refer to the parking requirements for retail /commercial centers and office parks. (Ord. 94 -11) Ow 3 -110 EXHIBIT 4C 20PGS Use and Development Regulations Parking 3.3 PARKING 3.3.1 Introduction Early in the specific plan process, parking needs were identified as an issue of substantial concern for the Downtown Encinitas area. Parking which is customer- convenient, as well as having an adequate number of spaces, is seen as vital to the long -term success of the commercial districts on First and Second Streets. Adequate parking in these districts will help avoid the nuisance of overflow parking onto adjacent residential streets. In the planning area as a whole, adequate parking requirements for new development will assure future access and avoid the kind of congestion and street overcrowding too often exhibited in southern California coastal neighborhoods. The traditional zoning strategy -for providing adequate and convenient parking has been simply to require development to provide off - street parking on each development site as per ratios of parking demand created by each land use. This is a time - tested strategy which has proven largely successful and which should continue to be used as applicable. The ability to use this approach in the First and Second Street corridors, however, is limited by existing older development and small lot sizes. It often is not possible to provide the number of off - street parking stalls which city standards require on these smaller lots with existing buildings limiting site layout. Relying on standard off - street parking requirements for the First and Second Street Subdistricts, then, does not appear realistic; could stifle economic development by discouraging new commercial uses; and could even encourage consolidation of lots and demolition of existing buildings. These effects would be directly contrary to the goals of economic development and maintenance of the historic and "mainstreet" character of the Downtown Encinitas area. For these reasons, this specific plan provides special parking strategies for the First and Second Street Corridor Subdistricts. These are designed to provide adequate parking but still retain the character of the downtown commercial core. Parking incentives, as well as requirements, also are provided.. The modification of parking requirements can be a powerful inducement to the achievement of certain goals; in this case, the economic rehabilitation of existing buildings, and the affordability of dwelling units. Such inducements are limited so as not to defeat the goal of assuring adequate parking. These strategies relate primarily to the First and Second Street corridors. Remaining subdistricts of the specific plan present a range of planned land uses. Primarily, land use and development in these subdistricts is expected to satisfy parking demand by traditional off - street parking development. DOWNTOWN ENCI_NITAS SPECIFIC. PLAN 3 b 90 3 -111 Use and Development Regulations Parking C. Residential West Subdistrict The Residential West Subdistrict Is mostly several zones which are exclusively residential (D -R8, D-R15, D -R25), and also includes the Pacific View Elementary School (D -P /SP Zone) and the small mixed residential/office zone immediately east of the school. (D -OM Zone); Streets in this subdistrict range from formal and broad, providing on- street parking, to very informal and minimal, little more than alleys providing minimum access. The school itself generates a certain amount of intermittent on- street parking demand, and this plan provides that adjacent streets be restricted for drop -off parking. Even with planned parking resources for Moonlight Beach, the general draw of the coastline for active and passive public access is likely to create an increasing demand for street parking . over time; note the, existing and additional new passive street -end coast viewpoints along the western edge of this subdistrict. For these reasons, this specific plan requires that uses in all of the zones of this subdistrict provide required parking off- street per the specified parking ratios, as development occurs. No other strategies are applied to this area. Moonlight Beach should continue to be a strong parking draw. Substantial .- off- street. parking facilities are included in master planning for Moonlight Beach; and a suggestion is made for additional, underground parking at the main upper parking lot for the beach (Reference Chapter 3, D -MBP and Chapter 1, "Unique Site Opportunities "). D. - South Coast Highway 101 (First Street) Corridor Subdistrict i South Coast Highway 101 (First Street) Corridor Subdistrict, as noted above, is one of the key subdistricts where specialized parking strategies are provided to meet parking needs while maintaining district design and character. The intent is to allow the combination of these strategies, as applicable, to the total parking requirement for each individual use or development. The first strategy is a redefined set of parking ratios for commercial and office uses for the Downtown Encinitas plan area. The commercial parking ratios in the citywide zoning code are based on the expectations of contemporary development, that is, new development on relatively large lots with large building occupancies available. The prevailing commercial development along South Coast Highway 101 (First Street), however, is very small lot size and related small building occupancies. This specific plan provides revised parking ratios for selected commercial and office uses, recognizing the prevailing small lot and building occupancy sizes for commercial uses in this area, with the DOWVTOWIV ENCINITAS SPECIFIC PLAN 3 d 92 3 -112 l Use and Development Regulations Parking • The second strategy is to allow on- street parking which is immediately adjacent to a development site to count toward the parking requirement for uses on that site. Usually, parking requirements must be satisfied exclusively by off - street (on -site) parking. This is because of the frequent need to restrict or remove on- street parking in commercial districts over time, as build -out occurs and traffic patterns change. In the Downtown Encinitas area, however, the pattern of development is largely established on South Coast Highway 101 (First Street), and reliable predictions of future build -out traffic levels are provided. On- street parking on South Coast Highway 101 (First Street) and its side streets is established and will not be required to be removed. This provides a reliable resource of parking which, even if time- restricted, is available for customer use. (Ord. 2011 -05) This specific plan allows adjacent on- street parking to be proportionally counted toward the parking requirements for commercial and office uses (reference Parking Standards, Section 3.3.3). Related to this, this plan also calls for the pattern of angled parking on South Coast Highway 101 (First Street) to be carried further south, and to be re- striped to city standards to provide the maximum number of spaces. [See Chapter 4.0, streetscape plan for First Street and Chapter 11.0, capital improvement plans for South Coast Highway 101 (First Street)]. Parking on South Coast Highway 101 (First Street) is required to be time - restricted to a two -hour limit to insure availability for customer use. (Ord. 2011 -05) To increase the on- street parking yield, driveways shall be closed along the corridor unless demonstrated that the closure is not feasible. The closing of the driveways over time creates a significant benefit in the form of additional on- street public parking along the South Coast Highway 101 (First Street) corridor. (Ord. 2011 -05) hr-'Mom L, The third strategy is an incentive for the remodeling and reuse of A"D F V rn existing buildings in the South Coast Highway 101 (First Street) corridor. This is an economic development strategy for the 1 v-4 {�, Downtown Encinitas area. Citywide standards currently allow existing ra buildings a parking "break" in that, when an addition is proposed to an existing building, if the development site will not allow the full parking requirement to be provided, the parking requirement must be met only for the floor area of the new addition rather than the whole building. Upon a change of use, however, if the new use has a higher parking ratio requirement than the previous use, citywide standards DOWNTOWN ENCINITAS SPECIFIC PLAN 3 V 94 3 -113 � " ? Use and Developnren t Re8ulat ons Parking may be satisfied by a recorded joint -use agreement for transit station parking to be approved by conditional use permit. However, in no circumstances shall exclusive or joint use of the transit center parking lot be permitted to satisfy parking requirements for any existing or proposed development during peak transit center station hours (weekday business hours). Amended 5111195 (Ord. 95 -04) Other parking strategies for the South Coast Highway 101 (First Street) Subdistrict have been considered. It is possible, through formation of a parking assessment district and allowance of in -lieu parking fees, to pursue a system of public parking lots located along the corridor. The land for these shared public lots would have to be bought and the lots developed. These costs would have to be covered, as well as the question of which properties to use for such purpose, and how to earmark them for this purpose short of condemnation. Also to be considered is the appearance and design effect of open auto parking lots along this "Main Street" corridor. Subsequent to the adoption of the specific plan, the City may pursue the creation of a system of public parking lots for the Downtown Encinitas commercial core. E. Second Street Corridor Subdistrict Second Street Corridor Subdistrict, along with South Coast Highway 101 (First Street), is provided with several parking strategies for land uses to take advantage of. (Ord. 2011 -05) The revised parking ratios under this specific plan will be applied to commercial and office uses along Second Street. (Ord. 2011 -05) Commercial and office uses in this subdistrict also are allowed to proportionally count on- street parking toward their parking requirement. To increase the yield of on- street parking, the streetscape plan for the Second Street corridor includes re- striping to create the greatest gain of on- street parking consistent with City practices. The closing of driveways created over time creates a significant benefit in the form of additional on- street public parking. Driveways shall be closed along the corridor unless demonstrated that the closure is not feasible. (Ord. 2011 -05) As with South Coast Highway 101 (First Street), a parking incentive is provided for the remodeling and reuse of existing buildings along Second Street. (Ord. 2011 -05) DOMWTOWN ENCINI'TAS ShF.( 1:1C hl AN 3 V 96 3 -114 Use and Development Regulations Parking zoning of this subdistrict. It is possible that future Civic Center redevelopment may result in excess parking capacity. At that time, consideration may be given to the allocation or joint -use availability of such excess. H. Moonlight Beach Park Subdistrict Moonlight Beach Park Subdistrict is the Moonlight Beach Community Park. The continued development of this park is subject to conditional use permit review, which must insure the provision of adequate off - street parking. No specific parking ratio is established for public parks; rather, each development is required to provide a site - specific parking study to establish parking demand. While the plan review process for Moonlight Beach will determine the location of beach parking, it may be anticipated that the existing public lot on top of the bluff overlooking the beach will continue to be used for parking; in addition, a string of physically separated lots on the north side of B Street which are publicly owned as part of Moonlight Beach and included in this subdistrict may be available for development as beach parking lots. Railroad Corridor Subdistrict Railroad Corridor Subdistrict is the railroad right -of -way. Presently, portions of this right -of -way are used for "common" public parking for the adjacent downtown commercial district (in informal dirt parking behind the La Paloma Theater and more formally in the paved Chamber of Commerce lot along Vulcan Avenue between D and E Streets). This open public parking is expected to be removed by the proposed Encinitas Transit Station, which is proposed to use all of the right -of -way from Encinitas Boulevard to E Street. The loss of this source of "extra" parking for First Street corridor businesses underscores the need for adequate, combined parking strategies for the First Street Corridor Subdistrict. This specific plan requires that the station satisfy its own parking demand by providing adequate off - street parking spaces. The initial phase of the station's development is proposed to provide approximately. 236 parking stalls, in off - street lots off of Vulcan Avenue and D Street. The ultimate build -out of the station is proposed to expand this off - street parking to approximately 450 total spaces. At this time, the location of the future additional parking spaces is proposed to be developed north of Encinitas Boulevard, to access by pedestrian bridge south to the train station. The City has asked that the Chamber of Commerce parking lot be replaced, along Vulcan Avenue south of E Street. 3.3.3 Parking Standards A. Purpose DOKWTOWN ENCINITAS SPECIFIC PLAN 3 d 98 3 -115 f ^ Use mid DevelopmelI Regulations l , Parking use or combination of uses shall be no less than pursuant to the following table, except as otherwise provided in this section. For land uses not specifically covered by the following table, the requirements of Sec. 30.54.030 of the City of Encinitas Municipal Code shall apply. DOWNTOWN ENCINITAS SPECIFIC hl AN 3 H 100 3 -116 Use and Development Regulations Parking parking above. (Ord. 2011 -05) a. A proportional share of on- street parking shall be counted toward the required number of parking spaces for non - residential uses for a development site, as follows: For each block face on which the development has street frontage, the total number of on- street parking spaces shall be calculated. For each frontage, the development site shall count towards its non - residential parking requirement its share of existing on- street spaces based on the proportion of street frontage on that block. (Ord. 2011 -05) b. To increase the overall yield of on- street parking, the City, through the Engineering Services Department, can initiate a "Restriping Program ". 1. Restriping Program: The City can establish the parking supply counts of on- street parking for each block face Within these corridors by resolution upon a City initiated Restriping Program or similar Capital Improvement Project. The resolution shall establish an allocation of existing on- street parking pursuant to the paragraph 3(a) above. Any increase of on- street parking resulting from re- striping of any block face (per applicable city standards) shall not be counted for proportional share calculations of on- street parking. Any reduction of on- street parking shall not reduce the proportional share calculations set by City Council resolution. Ord. 2011 -05) 2. In addition to the proportional share of parking set in the Restriping Program resolution (outlined in b.1 above), an additional on- street parking credit shall be given for closing driveways for non - residential properties. Only those non- residential properties that close a driveway shall receive a proportional share of parking credit of the resulting on- street parking stalls gained. This shall only occur after the Restriping DOINNTOiNN ENCINITAS SPECIFIC. PLAN 3 V 102 3 -117 1 Use and Deaelopinmit Regulations Parking proportional share allocation would be adjusted accordingly, 114 credit or 1/16 credit (or 0.50 or 0.125 space credit), respectively, and the remaining credit would be used for general public parking and not be considered on- street parking credit for other lots on that block. (Ord. 2011 -05) DOWNTOWN ENCINITAS SPECIFIC PLAN 3 V 104 3 -118 \\) Historic Presavatiorr requirements. The inability to develop or re- develop on infill areas In a manner consistent with older structures would not only discourage new development, but would also erode some of the small -town character found to be so desirable by the community. The development standards in the Specific Plan provide for minimal lot sizes, setback and landscaping requirements. Designed to be more reflective of the existing development pattern, the development standards (primarily for First Street and Second Street corridors) provide for a more flexible building envelope that will enhance the viability of the area's historic structures. This may provide more incentive for rehabilitation and preservation, rather than encourage demolition of the Downtown's older structures. The development standards for the commercial areas permit a mix of commercial and residential uses. The mixed -use zoning is well suited for the commercial developments along first and Second Streets. Many of the older structures (such as the Broun Building and Encinitas Hotel) were originally constructed for commercial and residential uses. Barking Standards - Generally, the City-wide off - street parking requirements make development of the small lots in the Downtown area difficult. The parking standards provided in Section 3.3 of the Specific Plan are designed to encourage the vitality of the commercial district through the application of a variety of strategies including credit for on- street parking, revised parking ratios, and relaxed requirements for building additions and remodels. Lesser parking requirements increase net usable lot area, thus discouraging the need for lot consolidations and large retail commercial developments. By restructuring off -street parking requirements, it will be easier for new businesses to occupy existing historic structures. State Historic Building Code Certain projects affecting historic structures may utilize the State Historic Building Code. Adopted by the City of Encinitas, provisions of the code allow flexible building standards for eligible structures. Eligible structures include those listed on a national, state, or local register, or listed in an official inventory of historical or architecturally significant resources. This has two advantages: utilization of the code allows rehabilitations that respect and conform to older building methods, thus preserving the original architectural integrity; it also allows for continued use or adaptive reuse of old buildings that otherwise would not be allowed because of strict code requirements. Projects eligible under this strategy include those affecting properties listed in the Historic Resources inventory, and shall be implemented on a case -by -case basis. No other implementation action by the City is required. C. Incentive Strateaies In addition to regulatory measures, another approach to preservation is based ,- on financial and technical incentives. There are a variety of programs, grants, low4nterest loans, tax credits, and deductions available to owners of historic DOWNTOWN ENCINITAS SPECIFIC PLAN g 0 g 3 -119 .�) Historic Preservation Properties. The City should investigate the feasibility of all available programs, and develop other viable Incentive programs for purposes of maintaining and rehabilitating historic properties. This section outlines existing incentives that are available through various state and federal agencies. Many of the incentives take the form of tax credits or deductions. Some of the existing programs outlined below require that properties be listed on the National Register of Historic places, or be included on a State or local listing to qualify for incentives. It is not required that the City approve or initiate an application for National Register recognition. The process for placing an eligible property on the National Register may be initiated by any individual or organizational entity. However, the City will support the efforts of such groups or individuals in having historic resources placed on the National Register. The City should investigate the feasibility of a local registry program, in coordination with local historic preservation organizations. Such a program will be voluntary: any property that is placed on a local register must be done with the owner's consent. Table 4 summarizes the preservation strategies outlined in this plan, and how they may be applied to various significance categories of historic resources. DOWNTOWN ENCINITAS SPECIFIC PLAN. g 0 9 3 -120 Southwest Auto Review - Auto Body Repair 6 Painting in Encinitas, CA - BBB Business Review - BBB serving San Diego and Im EXHIBIT 4 E 3 P iG S Better Business Bureau 11873 serving San: Diego mid Imperial Counties BBB BUSINESS REVIEW THIS BUSINESS IS NOT BBB ACCREDITED Southwest Auto Phone: (760) 753 -5534 682 1/2 South Coast Hwy 101, Encinitas, CA 92024 1 Southwest Auto is Believed to Me out of Business 1 On a scale of A+ to F No Reason for Rating Rating BBB Ratings System Overview Like Send Be the first of your friends to like this. o BBB Business Reviews may not be reproduced for sales or promotional purposes. Description This company offers collision repair. 13 Accreditation This business is not BBB accredited. Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation. To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditation review /monitoring and for support of BBB services to the public. Reason for Rating BBB rating Is based on 16 factors. Get the details about the factors considered. Based on BBB files, this business has a BBB Rating of No Rating. The reason is as follows: This business has no rating because BBB has information indicating It is out of business. Customer Complaints Summary 0 complaints closed with BBB in last 3 years 10 closed in last 12 months Complaint Type Total Closed Complaints Advertising /Sales Issues I Billing /Collection Issues I 0 __..__.. .... ...... Delivery Issues Guarantee /Warranty Issues p ms with Product/Service 0 1 Closed Complaints 0 tp: / /www.b6b.org /san -diego /business- reviews /auto- body- repair- and - painting/ southwest - auto- in- encinitas -ca- 1039265/ age ?oi 2 Southwest Auto Review - Auto Body Repair& Painting In Encinitas, CA - BBB Business Review - BBB serving San Diego and Imperial Coui Government Actions BBB knows of no significant government actions involving Southwest Auto. at government actions does BBB report on? ,i Advertising Review BBB has nothing to report concerning Southwest Auto's advertising at this time. What is BBB Advertising Review? Additional Information BBB file opened: September 30, 1998 Business started: 01/01/1976 Licensing This business is in an industry that may require: professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met. These agencies may include: Bureau of Automotive Repair- San Diego 16855 W. Bernardo Or #112, San Diego CA 92127 http://www.autorepair.ca.gov Phone Number: (858) 716 -1025 Fax Number: 858 -716 -1136 The license number Is 1644237. On BOB confirmed that the license from Bureau of Automotive Repair - San Diego expired. Business Management Mr. Dennis Murphy, Owner Contact Information Principal: Mr. Dennis Murphy, Owner nberof Employees Business Category Auto Body Repair & Painting Industry Tips Auto Repair Tips EXHIBIT 4E http: / /www.bbb.org /san -diego /business- reviews/ auto - body- repair- and - painting/ southwest - auto- ln- encinitas -ca- 1039265/ 3 PilgWicif 2 Obituaries - 1/12/2006 EXHIBIT 4E ESCONDIDO - Cecil L. Mills, 50, died Thursday, Dec. 29, 2005. morn Jan. 4, 1955, in Leonard, Texas, he lived in San Diego County for 28 years. He was a Jesel mechanic. He was a Vietnam veteran. Mr. Mills is survived by his wife, Eliane Mills of Escondido; mother Rena Mills of Wills Point, Texas; son Joshua Mills; sisters Jeanie Cumbie of San Antonio, Sherry Devore and Carolyn Baker, both of Quinlan, Texas, Janice Mills of Dallas, and Teresa Mills of Balch Springs Texas; five nieces; and eight nephews. Memorial services and burial were held Saturday, Jan. 7, at Arledge Cemetery in Bonham, Texas. ENCINITAS - Dennis Murphy, 52, died Thursday, Jan. 5, 2006. He was born in the Bronx, N.Y., and lived in North County since 1972. He worked at Pure Fun Surfboards and then opened his own shop. He attended Palomar College. He enjoyed the surf, skiing and riding his Harley Davidson motorcycle. Mr. Murphy is survived by his daughter, Bridget; mother Margaret; and sister Pat. Viewing and visitation are scheduled from 4 to 8 p.m. Friday, Jan. 13, at Encinitas Mortuary. A C service will be held at 10 a.m. Saturday, Jan. 14; at St. John's Catholic Church in ncinitas. Marjorie Fields, 76 FALLBROOK - Marjorie L. Fields, 76, died Sunday, Jan. 8, 2006. Born Sept. 27, 1929, in Kirkland, Mo., she lived in Fallbrook for 27 years. She was a homemaker for more than 54 years. She was a member of the Fallbrook Junior Women's Club, the Fallbrook Exploradores R.V. Club, the Tuesday Card Club, the Silvergate Mad - Hatters Red Hat Society and the Silvergate Advisory Board. She enjoyed reading, playing cards, theme parties, traveling and game shows. Mrs. Field was preceded in death by her husband, Paul R. Fields, in 2003. She is survived by her stepdaughter and stepson -in -law, Patricia and Ed Lucich of Twin Falls, Idaho; daughters and sons -in -law Michele and Jeffery McDowell of Cypress and Gail and David DeShazo of Ramona; stepsons and stepdaughters -in -law James R. and Barbara Fields of Filer, Idaho, and Steven L. and Diane Fields of Boise, Idaho; son and daughter -in -law Paul Raymond 11 and Margaret Fields of Baltimore; brother and sister -in -law Gerald and Veronica Larson of Fallbrook; 15 grandchildren; and 14 great - grandchildren. (-,;,"memorial service is scheduled for 9 a.m. Friday, an. 13 at Berry-Bell & Mortuary. Y' 3 ry Hall Fallbrook ittp : / /Www.nctimes.com/ news /local/ obituaries/ ob ituaries /article_d6fd0640 -369e- 5555- 8f03- 199149da43af htmI ?print= true &cld =print ;�ge-5`bi 16 EXHIBIT 4F 6PGS �1 BUSINESS REGISTRATION CITY OF ENCINITAS The per m km or corporation mmad bWw fs pranced slit =Waft t pw wnt to ChWw 6.00 of the Cty of Qft*a MrADW coda 0 MVP In, em on Or MAW the txrtktea, trade, o�rtip, proton, extYbilon or ooaupefbn det+xWed b6iow. hewnoe a CerSkeie k not en endoaenrent, nor' oagGcetson Of c�rpriimrot wNh ate ordlntnot Or MW*. nor an aexanoe that tM proposed ua fi wsth fhe City zant nvAfiom. rhb r�rtltlaett la sued wllfiout IAcetUon that the texpwyar ie eut�JecR to ar omrrpt fain Noe ft by ft state Of CaO WOL BUSINESS NAME: Encinitas Auto Body L L C BUSINESS LOCATION: 6821/2 S Coast Hwy' Encinitas, CA 92024 BUSINESS OWNER: Andrew V. Shown ENCINITAS AUTO BODY L L C 6821/2 S COAST HM 101 ENCINTAS, CA 92024. - BE POSTED IN A DESCRIPTION: Auto Body Strop Business Registration Number. 18380 111190 Ve Dupe: August 23, 2011 Expiration Date: September 30, 2012 3 -124 ITU3I11US5 OCRUV1.1 - AJU0UA%,00 a..AAUAAVU ---- a..+. -.. Secretary of State Administration Elections Business Programs Miitieai Reform Arthivftsi ttepishiSs Business Entities (BE) Online Services Business Search Disclosure Search - E-17fe Statements - Processing Timer Main Page Service options Name Availability Forms, Samples a Fees Annual /Biennial Statements Piling Tips Information Requests (certificates, copies & status reports) Service of Ptoeess FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business - International Business Relations Program Business Entity Detail Data is updated weeldy and Is current as of Friday, May 18, 2012. It is not a complete or certified record of the entity. Entity Name. ENCINITAS AUTO BODY, LLC Entity Number. 200425110145 Date Filed. 08/31/2004 status; ACTIVE Jurisdiction: CALIFORNIA Entity Address. 582 1/2 SO HWY 101 Entity City, State, Zip, ENCINrTAS CA 92024 Agent for Service of Process., MINDY METZGER Agent Address: 5741 PALMER WAY STE A Agent City, State, Zip. CARLSBAD CA 92008 -7248 * Indicates the information is not contained In the California Secretary of State's database. * Note: if the agent for service of process is a corporation, the address of the agent may be requested by ordering a status report. Customer Alerts • For information on checking or reserving a name, refer to Name Av #-ilablilty. sual Identity Theft • For information on ordering certificates, copies of documents and /or status reports or to request a - 'Misleading Business more extensive search, refer to Information Requests. Solicitations • For help with searching an entity name, refer to Search Tins. a For descriptions of the various fields and status types, refer to Field Descriptions and 5tatut Definitions. Moll Search New jearch Printer Friandtsr Back to Search Results M - _vac msta,ant I F— Regiment n.aaars CopyNht O 2012 California Seuetary of State 3 -125 http : //kepler.sos.ca.gov /cbs.aspx 5/25/2012 �i � l Number of Businesses 1 Questions orproblems? Call us at (619) 6035-2455 (Sam - 5pm PST). Many of the forms on our or e-mall us at AfRCC.FGC aco W.ca.aov. site are in PDF format and require Adobe Acrobat Reader. To get the Reader dick the icon below: YJAM http : / /arce.co.swi- diego.ca.uls/ services /fbn/search.aspx ?FBNNum--2004035701 3 -126 5/25/2012 Business Name(s) ENCINITAS AUTO BODY Number Of Owners 1 Owner(s) ENCINITAS AUTO BODY LLC Filing Date 10F225MM Our Mlsslon Ste ment Expiration Date 10/2512009 rommi►=nt is Service Businesa Conducted By Limited Uablilly Company Certified ($3) ; Add To Cart Questions orproblems? Call us at (619) 6035-2455 (Sam - 5pm PST). Many of the forms on our or e-mall us at AfRCC.FGC aco W.ca.aov. site are in PDF format and require Adobe Acrobat Reader. To get the Reader dick the icon below: YJAM http : / /arce.co.swi- diego.ca.uls/ services /fbn/search.aspx ?FBNNum--2004035701 3 -126 5/25/2012 J, an uai r CIA 2=1 M U40LLMO MOVE VAXVAW °, C" °13M M mi, so Ff" -am CERTIFICATE OF INSURANCE ENCINITAS AUTO BODY, LLC 01 DBA ENCINITAS AUTO BODY 682 1/2 S COAST HWY ENCINITAS CA 92024 AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA P.O. BOX 25443 SANTA ANA CA 92799 provides the coverage herein described under the following: Policy Number: CIC- 176064 Policy Period: 03-08 -2012 to 03-08 -2013 03 HAWK CHICK'S HOLDINGS LLC 669 2ND ST ENCINITAS CA 92024 Tfils certificate of nsurance has bien issued f0t Info rmation only and is not a policy or coniraas or insurance and confers no right on the certificate holder. Further, this certificate does not amend, extend, or alter the coverage provided by the policy described herein and is subject to all terms, exclusions. and conditions of the policy. LIMIT DESCRIPTION SECTION 1 PROPERTY COVERAGE Personal roperty Coverage General Form Actual Cash Value Applies to Personal Property Coverage $60,000 Business Income (With Extra Expense) SECTION 2 I.IABILITY_ COVER AGE arage insurance 1,000,000 Per Occurrence Limit 2,000,000 Aggregate Limit *Certificate holder is named as Additional Insured on the above referenced policy. See policy for terms and conditions. SPECIAL ITEMS AUTHORIZED SIGNATURE DATE — h5 -30-2012 UUX6050 (12107) 02007 Unlco American Corporallon 3 -127 yelp 4' �cinitas Auto Body Category: Body Shops 882 S Coast Hwy 101 Encinitas, CA 92024 Neighborhood: Encinitas (760) 753 -5534 http://vA,Av.encinitaSaL]tobody.com Hours, Mon -Fri 8 am - 4 pm 9 reviews for Encinitas Auto Body E "1'71 �. .r ZY Map cWli 02012 Google 9 reviews in English People Who Viewed This Also Viewed.., Bradley Allen Autobody M schedule and dealt with my Insurance c, company, my car looks..." Sheri F. Cardiff -by -the -Sea, CA Rancho Auto Body j, 12/22/2011 V .M3 in for some minor bumper damage and Kevin was courteous..." Encinitas Auto Body did an awesome job fixing my Mini after a parking lot fender bender. Repairs included bumper skin replacement and magically restoring a really messy looking dentin the rear side panel plus some other dings and World Auto Body m, smudges. I knew insurance would cover repairs and friends said I should go to a fancy shmancy Mini repair shop, but Ni I firmly believe in doing business with small local shops whenever possible. Based on reviews here and my initial "They also guarantee their work for the meeting with Dave I easily chose EAB, and I'm so glad 1 did! „ life of the car." Dave was super nice to work with. We called on a Friday afternoon and left a message. Saturday a.m. he tailed to say he was available to have a look. He gave us low and high -end quotes so we'd know what to expect, though I had ke it to my Insurance oo's appraiser for the official estimate. Once that was done I just faxed the paperwork to and he ordered the parts. I brought the car in Monday and, based on both shops' estimates, expected to pick it next week, but they finished it in just three daysi I have never had dent repair before and didn't know what to expect, but I am totally amazed. My sweet little car looks as good as new and I think she was even returned to cleaner than when I brought her in. What else can I say? I hope I never need to go back, but if I need auto body repair in the future I know where I'll go.. Thanks for the great service!] Jennifer R. San Francisco, CA 7113/2010 i accidentally hit a pole in my parking structure backing out and managed to dent in the front of the driver -side door and the wheel hub. I wasn't too concerned with fixing it (as t just moved and am not exactly swimming in $$)... except the metal of the door the body hit each other whenever I opened the door, making this loud screeching sound. And since I use the driver's door all the time. , . I came to Yelp, stumbled across Encinitas Auto Body, and decided to give it a whirl. Great decision. Dave was super nice over the phone and in person. I explained my situation to him, and he understood exactly what I wanted. I came down on my lunch break, and he was able to fix my car then and there in half an hour, even removing most of the paint- for $50. Just fyi, this place can be difficult to find. There's no sign for it, and it's not on the main street- it's in an alley behind the Encinitas Smog Center (or something like that) just south of 1st Street Bar on the west side of the street. Thankfully Dave provided me with directions, so I managed to find it. They might want to consider putting up a sign at some point... When I need more body work done to my car (which hopefully won't be soon 'knock on wood'`), I'll be back here. Neil B. San Diego, CA Fender Mender 'DE);.1 J "These guys rocked." Color Solutions 00000 .. V.. "John is an absolute professional." People Viewed This After Searching For... Auto Body Repair Encinitas Auto Body Shop Encinitas Bumper Repair Encinitas Vi Vif1i01ti 311972011 3 -128 r) From: "Bart M Smith" <b.smith @dznpartners.com> Subject: Re: Final draft Date: January 28, 2013 12 :17:33 PM PST To: "Lhotse Hawk" <Ihotsehawk @gmail.com> Lhotse, I reviewed the document and I think it looks good. As you are probably aware some references to exhibits and some exhibits need to be added to the list and document. Exhibits I have to add 4V DZN Partners has provided a letter as well. •� ts"'County 1987 zoning matrix oK County building records (you already reference these, but not on exhibits list) Exhibits to add to exhibit list and reference or edit current reference /list • sac meeting notes ✓* sdwd irrigation meeting notes • specific plan section: 3.3 Parking – aerial photos and maps (maybe this is referenced as an exhibit section and we don't reference each exhibit ?) 1' L,P/ cartwright/HCH lease agreement co-'Iypehaus /HCH parking lease agreement • Encinitas general plan pages as apply — J i irefc ncc vM*+;NtS: Thanks, Bart , . �� vp.� -- SvtJhVV f Aub '�- From: Lhotse Haw -- -6M(AWI Gtr Sent: Monday, January 28, 2013 11 :05 AM To: Bart M Smith Subject: Final draft Let me know how many exhibits you have to add. 3 -129 We are a very small shop in coastal Encinitas, offering personal service with utmost integrity. We are comrnitted to prove that "integrity" and "auto repair" are not ALWAYS a contradiction in terms! _s,� - t w We greatly value our reputation in this unique and Wonderful community. See our reviews on Yelp; l:)fD - Q311C'. Please frequent deserving local businesses, whenever possible If services or products offered locally are less than great - share your feedback With the proprietors! Small businesses particularly should Want to know how to better serve. A business that can't gracefully accept constructive feedback in these times, where transparency and instant; word of An niorrth via the Web is a fact, doesn't deserve to stay in business. Owl y tvjo cents. We are a sniall aui:o body shop, trusted LOCAL experts ,,vith integrity and over 72 years of combined experience. ASE ce, tified. Free estimates, delivery and pickup and We ,,vork t =;itir your insurer. V, /e do: - i�x_teriOr paint: repair - Scratch, dent and ding rerr oval - Interior repair (seats, upholstery) - Custom V,dOrk (Co!leCtoi" cars, hot rods, etc) -All makes and rnodeis -Work ±vitli insurance companies VVe guarantee our �n,orl< as long as you oven th' e car. Giving back is important to us, so a portion of our receipts goes to charities helping those need!nq a hand f il� not a hand out. Cc;ii for free for eslirnate or more info: 760- 75 553 -. 3 t w We greatly value our reputation in this unique and Wonderful community. See our reviews on Yelp; l:)fD - Q311C'. Please frequent deserving local businesses, whenever possible If services or products offered locally are less than great - share your feedback With the proprietors! Small businesses particularly should Want to know how to better serve. A business that can't gracefully accept constructive feedback in these times, where transparency and instant; word of An niorrth via the Web is a fact, doesn't deserve to stay in business. Owl y tvjo cents. We are a sniall aui:o body shop, trusted LOCAL experts ,,vith integrity and over 72 years of combined experience. ASE ce, tified. Free estimates, delivery and pickup and We ,,vork t =;itir your insurer. V, /e do: - i�x_teriOr paint: repair - Scratch, dent and ding rerr oval - Interior repair (seats, upholstery) - Custom V,dOrk (Co!leCtoi" cars, hot rods, etc) -All makes and rnodeis -Work ±vitli insurance companies VVe guarantee our �n,orl< as long as you oven th' e car. Giving back is important to us, so a portion of our receipts goes to charities helping those need!nq a hand f il� not a hand out. Cc;ii for free for eslirnate or more info: 760- 75 553 -. Lhotse, Some suggested additions/points to the parking determination document that could be included in the document where these items are discussed. Some of these items you may have already included. Aerial Photographs erial photographs presented or reviewed all clearly show that the site never had on -site parking. ,,The aerial photographs show a site covered by structures with an 8' high fence along the entire alley. County Building Records -,T1 e county building record does not include or reference any on -site parking facilities. ,/There is no mention of vehicle support structures such as a garage, carport or parking area in the county building record. ,_�e County building records reflect that the property was occupied continuously by governmental agencies or businesses that did not utilize on -site parking. z County Zoning Code§, Both office and auto repair were permitted uses under the county zoning code GC designation prior to City incorporation and no special permit was required to operate either business on the site. Based on this fact a permit record showing the uses as approved for this specific site is not available. The auto repair did ( at all times maintain a license from the bureau of automotive repair. S ecifi Plan ",f 4e project is using the specific plan incentive program for the remodel and reuse of existing buildings which allows all newly created parking to be credited toward additional building area. The site, with the parking spaces proposed as a part of this project and considering the footprint of the existing building, is parked to the maximum extent possible as specified in the specific plan. property does not have any existing parking spaces so the new parking spaces are allocated to the adddiitional area at the ratios specified in the specific plan. Fie specific plan does not contain any provisions that stipulate that if you create parking spaces on a site containing no on -site parking you must first allocate any newly created spaces to the existing building area at the ratios required by County Zoning, City Municipal Code or the Downtown Specific Plan. Letters The letters reveal that the community was aware of the way the property was utilized and that it was well known that no on -site parking was available on the property. 3 -131 PROPOSED SITE; Hawk Chick's Hnldines. L.L.C. w� MOONLIGHT YOGA Special Circumstances Parking Determination 669 2nd Street, Encinitas Case No. 9: - APN 258 - 162 -09 -00 LOT 11 BLOCK 6 E NCINTTA,S, CALIFORNIA Lhotse Hawk, Managing Member, Hawk Chick's Holdings LLC Lhotse Hawk, Owner, Moonlight Yoga L.L.C. & Clover Detail Bart Smith, Architect, DZ.N Partners Mark Delaney, Contractor, Delaney Construction 669 2nd Street, Encinitas i Case No.. 12 -129 DR /CDP 3 -132 .,, Table of Contents i W) 2nd Street, Encinitas Case No. 12.129 r)l,,'CDP ... ............. ,.... , ..,........... ........ .....................,......,.. 1 APN 258- 162 -09-00 LOT 11 BLOCK 6 E NCINITAS, CALIFORNIA .............. 1 1.0 Executive Summary ...,........ .............. .. ....... ........... ........... ............................... 1 2.0 FmpcM Background, Current Status & Case History ......... .......... ............................... ............... 2 3.0 Properly & Parking History Prior to Encinitas Q3t Incorporation 1925- 1985 .... ............................... 4 4.0 ProtM & Parking History Encinitas City IncoMoration1986 -P resent ............. ............................... 6 5.0 RETTTLE- Parking History for the Prop�rtv_ ..................................................... :.............................. 7 6.0 Conclusions........... ...... ... . .. ............................... ........................ .... .. .... 6 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 3 -133 LJ 669 2nd Street, Encinitas Case No. 12 -129 DR. /CDP APN 258- 162 -09 -00 LOT 11 BLOCK 6 E NCINITAS, CALIFORNIA Historical documentation of the Property, both before and after the Incorporation of the City of Encinitas in 1986, indicate there has not been parking available or parking use on the Property since prior to 1961, and quite likely since the Property was developed. This . conclusion, of parking unavailability, is based on review of the Property background and history, documented observations of previous tenant use(s), prior lease agreements, and present and historical public utilities designations of the Property. Furthermore, the Property is designated a "Local Landmark" not "Recommended for Preservation" by the `' L 1), 2010 Enci itas General Plan Update Inventory, Chapter 11 and recognized as a historical tL D�� structure (built prior to 1936) by the United State Department of the Interior. Given these designations, it should be concluded that: 1. With exception to the two (1:$75) credited street parking spaces, there were zero existing parking spaces on the Property. 2. Special consideration should be made for the Property based on the incentives put forth in the Historic Preservation section of the Encinitas Specific Plan. 3. Utilities to the Property e P indicate 100% of the Property was utilized to conduct business. Revising the space available to conduct business on this minimal lot decreases -the feasibility and incentives for HCH LLC to continue with this Property rehabilitation project. 669 2nd Street, Encinitas Case No. 12 -129 DRICDP 3 -134 F,; This Executive Summary presents an overview of the parking history, compiled by HCH, LLC and DZN Partners, regarding the commercial property located at 669 2' Street, both before and after the City of Encinitas Incorporation in 1986. It is the intention of this report that the Encinitas Planning Department acquire the information necessary for critical consideration to acknowledge the lack of any previous on site parking and therefore accept the proposed number of parking spaces required for the addition to the Property as five (5 plus the 2 credited street parking spaces). If ne aftim:ents. HCH LLC is also willing to register the Property for Historic Preservation with the United States Department of the Interior and National Park Service, if the City of Encinitas requires this for approval through the Historical Preservation requirements. This report should be considered in its entirety with regard to the findings and conclusions contained herein. Thank you very much for your time and consideration. 2: 0_.Pro 1? rty- Backgr ©uncl, Cuz_ient_Status _& Case _History_ The Property, located at 669 2°d Street, Encinitas, California, was developed in 1901. It is C located in the Second Street Corridor in a mixed commercial and residential neighborhood of the City of Encinitas, D -CM -2, approximately one mile west of the Pacific Ocean. The Property consists of a single developed lot with the west approximate 2/3 a commercial building and the east remaining 1/3 lot, previously a mechanical shop, is currently a dirt lot. The property was purchased by Hawk Chick's Holding's LLC ( "HCH ") on May 30, 20121. At the time of purchase, the east 1/3 of the Property was occupied by an auto body repair shop operating as Encinitas Auto Body. At the time of HCH LLC's purchase of the property, tenant of the shop area, Mr. Dave Cartwright, owner of Encinitas Auto Body, was utilizing a separate address from the Property address. in fact, all documentation found relating to the east 1/3 of the Property, operating as an auto body shop from approximately 1976 -2012, identifies the shop address as 682 % South Coast Highway 101, Encinitas, California 92024. Previous occupant and Property owner, Dennis Murphy, operated Southwest Auto on the Property from 1976 until Mr. Murphy's death in 2006. Mr. Murphy owned the Property until his passing at which time Nicole Gasperoni and Bond Fletcher "'Hawk Chick's Holdings LLC" was added as Owner during close of escrow. Prior closing, "The Lhotse C Hawk Family Trust" was on all related documents pertaining to the 2012 sale of the Property. 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP L/ i (W`j F-, i 4- 3 -135 took possession and allowed the auto shop business, and Mr. Murphy's colleague, Mr. Cartwright, to remain on Property in operation of their auto shop, doing business as Encinitas Auto Body until June 2012. We were unable to reach Mr. Cartwright for comment as to why the South Coast Hwy address was used. It is speculated that the South Coast Hwy address was easier for customers to find, access Encinitas Auto Body (Southwest Auto) from the alley behind the Property, and leave the 669 2' Street building occupants undisturbed. Mr. Cartwright had been renting parking spaces from Keith Harrison and utilized parking from Alex Stanton of Encinitas Test Only Center for customers who needed auto service (See Exhibits XX and XX). . A lease agreement between Mr. Dave Cartwright of Encinitas Auto Body and Ms. Lhotse C Hawk of Hawk Chick's Holdings, LLC was assumed by HCH LLC at close of escrow to extend the existing lease with Dave Cartwright, Encinitas Auto Body shop, thru September 24, 2012 (Exhibit XX). Prior to lease expiration, Mr. Cartwright and HCH LLC mutually terminated the lease on June 24, 2012 and the auto body shop evacuated the premises to a new location on Vulcan Avenue. HCH LLC contracted Delaney Construction and began remediation on the Property in late June 2012. At that time, it was determined that all existing auto shop out buildings located on the east 1/3 portion of the Property needed to be demolished due to structural damage from termites, mold, dry rot, and irreparable aging of old structures, including but not limited to: an office building structure i.e. permanent trailer, a 10 x 10 cast in place concrete shed, , . (c�v�rr�.t� llyl �..�1 ct�5�'.,�t ��-�r�ti�� - •'Wt,�J�c_J , At present date, the Property consists of the original commercial building, '°.^ (H -. )�thatoevapy- C_c.0 ;e approximately 2/3 of the western portion of the lot. The east 1/3 of the lot is cleared of all previous structures. See photos. (Exhibits XX). 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 3 -136 With.,,. �Pk'nnjng 10 -FrQpWy.&.Ra1l�inCr History, : Prior to Encinitas City. Incorporation_ 1925-1985 In order to determine the history of on site parking for the Property, it is necessary to review the historical context of the Property from time of the original construction and intended use of the Property. According to the Title Report, the County of San Diego first recorded the Property site in 1883. The Property is believed to initially been developed in 1901, with the construction of the main commercial building, at that time. Based on review of the 1901 topographical map, the site area is developed. The first aerial photographs show the site to be developed 1939. Aerial photographs from subsequent years are included in Exhibit XX. It is noted that the Property aerial maps show the Property was developed between 1/i and % of the total lot in most photographs as early as 1947. According to the "Encinitas General Plan Update Current Conditions Report", dated October 2010, the Property is documented as the "Irrigation District.Office". Based on the information from Chapter 11, "Cultural Resources," the San Dieguito Irrigation Water District Office was founded in 1923 when a water supply between Lake Hodges and Encinitas was established. Supporting that information is the Sanborn fire insurance map dated as 1929. The 1929 Sanborn fire map shows the subject site developed with the western, 2nd Street % of the building a "Water Office," the back % of the building "Piping Supplies," and the remaining lot square footage as "Pipe Stge". A review of San Dieguito Irrigation Water District Office Meeting Minutes, available on the online Encinitas City Archives Laserfiche, sites several mentions of pipe, tank, and equipment storage behind the Irrigation Water District Office building located on 2"d Street between 1927 and 1961, indicating that the lot behind the building was used as a shop and storage facility for their equipment including but not limited to: pipes, tanks, tractors, concrete mixers, sheet metal, fittings, sand, gravel, and other hardwares. Parking for Irrigation Water District office patrons . was on 2nd Street, and employee and truck parking was leased from the adjacent to the South. San Dieguito Irrigation District meeting notes, dated March 10, 1961 supported this fact, siting construction bids concerning possible upgrades and repairs to the Property. At the time, the San Dieguito Irrigation Water District was debating building a new facility on D Street Pages 19-22 of these meeting notes includes a bid letter from James C. Fowler & Son indicating that the Property lacks sufficient parking to warrant a "remodeling program" to 669 2nd Street, Encinitas 4 Case No. 12-129 DR/CDP 3-137 1 the Property building and "structures ", siting, "Modern commercial construction demands facilities for parking cars. No such space is available at this location." Mr. Fowler's letter goes on to include additional notes with respect to the usage of the lot: "A. Lack of adequate access at rear entrance. B. Limited space for expansion. C. Inadequate space for storage of presently owned equipment." and "E. Existing buildings show lack of a master plan over the years, creating a hodge -podge of additions, both temporary and permanent, out buildings temporary and permanent, and shop and work facilities which were designed to meet an immediate need and are probably inadequate at present." According to San Dieguito Irrigation District meeting notes dated October 10, 1961, the District had leased parking from, "the parking lot next to the existing district office building ... the district's lease on the lot was to be cancelled effective November 1". (1961)" when they moved to their new office facility. (See Exhibit XX) In the 2010 Encinitas General Plan Update Current Conditions Report the Property is identified as the San Dieguito Irrigation District office in a chart titled "Exhibit 11 -1" as: 669 2nd Street, "Local Landmark ", and, at the time of the 2010 Survey, the condition of the Property was "No Significant Change" (See Exhibit XX). This 2010 survey indicates that, _- -. / from the time of occupancy of the San Dieguito Irrigation District, until November 1961, r� r), 0 V and up to the 2010 survey, no parking existed on the east 1/3 of the Property lot. The east L, r -r t r portion of the Property remained machinery, hardware, and storage and mechanical shop arcs; space until this report generated by the City of Encinitas in 2010, and until it's remediation in June 2012. This conclusion is further documented and supported by letters from local Encinitas business owners in the immediate area including Alex Stanton, Owner, Encinitas Test Only Center, Tom Meyers, Owner, Custom Picture Framing, Charlie Sougias, Owner, Charlie's Foreign Car Service, and David Agyagos, Owner, Moonlight Screenprinting (See Exhibits XX -XX). Commercial Uses for Property 1925 -1975 1925 -1961 San Dieguito Irrigation Water District Office 1962 -1969 Electro- Oceanics, Inc. 1970 -1975 Hymies Trading poste ' Information compiled from: San Dieguito Irrigation Water District Office Meeting Minutes /Commercial Industrial Building Records 1925 -1970. 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 3 -138 C....,I 4.0 Propge gty & .P rkinb_I-listory: City of Eneinitas_Incorporation 198 Present Since the incorporation of the City of Encinitas in 1986, the property has had several tenants in the building portion of the Property; the remaining portion of the Property has continuously been used as an auto repair business. In 1976 the Better Business Bureau identified Dennis Murphy as the owner and operator of Southwest Auto located in the east 1/3 of the Property, identified as 682 I/z South Coast Hwy 101. Mr. Murphy owned the Property until his death in 2006. Mr. Murphy did not have parking for his customers or employees on the Property and used the neighboring vacant lot on the south side of the Property, known as 681 2n' Street, f9r customer and employee parking, until it's evelopmee t After XX,4%etni new construction made parking unavailable in the adjacent lot, Mr. Murphy leased parking spaces from nearby business Encinitas Test Only Center a.k.a. "The Smog Station ". After Mr. Murphy's passing in 2006, Encinitas Auto Body owner, Dave Cartwright, leased and occupied the back portion of the Property from 2006 -2012. When the Property changed ownership in 2006 from Mr. Murphy's Trust to Nicole Gasperoni and Bond Fletcher of Typehaus Inc., Mr. Cartwright leased parking space from adjacent properties owned by Keith Harrison and Alex Stanton. CDuring the 2012 purchase of the Property, HCH, LLC assumed the lease agreement with Encinitas Auto Body owner, Mr. Cartwright, in the amount of $3500.00 per month; utilities would continue to be billed and paid separately. There are two gas meters and electrical utility boards to the Property: one for the 2' Street building, and one for the shop area behind the building, respectively. After +iiigent research, vve were .unable :to determine when the.gas and.:t , (es were-insi" tc�,thc a dtrig andE:ti a sitop:areas ofil Prcip rty: The gas and electric utilities installation is estimated to be prior to 1976, and may have been constructed for the San Dieguito :Irrigation Water District Offices for their shop area as early as the 1920s. Information from former owner, Bond Fletcher of Typehaus, indicated that the auto shop had paid separate utilities from his business (located in the 2nd Street building) and that the billing address SDGE solicited payment for Encinitas Auto Body was the 682 '/z South Coast Hwy 101 address. Clearly, the utilization of separate utilities was not indicated or ever used for a parking lot or any outdoor lighting prior to or after 1986. Commercial Uses for Properly 1976- Present 1976 -1989 Encinitas Trading /Southwest Auto, Dennis Murphy (identified as 682 1/z South Coast Hwy 101) 669 2nd Street, Encinitas Case No. 12 -129 DR /CDP 3 -139 ` 1990 -1995 Encinitas Printing & Images Enhancer Prd./Southwest Auto 1995 -2006 Moonlight Screen Printing /Southwest Auto 2006 -2012 Typehaus Electronics Repair /Encinitas Auto Body (identified as 682 % South Coast Hwy 10 1) 2012 -2013 Property empty pending building permit approvals for Hawk Chick's Holdings L.L.C. l 5.0 Parking_H story Recap.__.RETIT _E- Historically, public, patron, or empl ee parking for the property was on 2nd Street. Initially, prior to the City's Inco ration, parallel spaces were available at the west entrance to the Property fe . nd Street parking was reconfigured to increase parking availability by creating head -in angled parking on the east side of 2nd Street. The west side of 2nd Street presently remains parallel p fk' ig. Thy ge! ted apount f street parking spaces for the Property is 1.875, r / f CSri r _e. 1 ?ar_ __ 1110 Per meeting notes from HCH LLC's Managing Member, Lhotse Hawk's April 18, 2012 Staff Advisory Committee (SAC) Meeting, "The existing on -site and prorated street parking would be considered as meeting the parking requirement for existing legal structures on the property. Any new additions are required to provide additional parking to the Specific Plan standards." Therefore, given the lack of any on -site parking, the two prorated street parking spaces would qualify as meeting the requirement for the Property prior to submitting the building plans to the City of Encinitas. Recognizing a potential need for employee parking, Ms. Hawk entered into a parking lease agreement with the adjacent property to the north of the Property for 5 additional spaces through September 2015 with the right to extend until 2020 (See Exhibit XX). Ms. Hawk and HCH LLC is aware of the potential concern f ©r insufficient parking, given the proposed new use of the building and futures uses of the building. ightA�oga `i- ,Lre-v�te -c 'Haines CrissCross Directory 1970 -2012 business listings and uses for 669 2nd Street Property LkJ Y ? 669 2nd Street, Encinitas Case No: 12 -129 DR /CDP el oe t � l j M) t 5 is also retrofitting agreement with the Ci _ofEneinis`o cons in the back 1 /3 of the Property upon _ e-sale of the Property in the back 1/3 of the lot, a h $e,of use is proposed. 6.0 Conclusions There are three supporting arguments to re- evaluate and reduce the number of parking spaces suggested by the City of Encinitas regarding the parking at the 669 2nd Street Property. The first argument, that the Property has never had parking, except for the on street parking located on 2nd Street, is historically well documented. The Property has had 1-85 spaces (2 spaces) for parking on 2nd Street since long before the City of Encinitas incorporated in 1986. Even with the proposed change of use, the number of parking spaces required by the Downtown Encinitas Specific Plan, Use and Development Regulations, Section 3.3 Parking, Table 3 Required Parking c. "For additions to or increases of gross floor area of existing buildings, or new development proposed to replace existing buildings on the site, the number of required parking spaces is the fewer of either: the total number required for the development site for the combination of uses per the ratios specified above (Table 3 of Sec. 3.3); or the number of existing parking spaces on the development site before new development; plus additional spaces as required by the ratios specified above for the proposed addition or increase in floor area. ", the required number of spaces is 7 total. 2 (1:85) existing spaces plus 5 spaces for the 1500 sq. ft. addition. The second consideration is Historical Preservation. The Property is recognized both by the Encinitas Historical Resources Inventory and qualifies under the national Historic Preservation Certification requirements (built prior to 1936) as a historic property. In Section 8 of the Downtown Encinitas Specific Plan, it states, "Projects eligible under this strategy (Historical Preservation) include those listed in the Historical Resources Inventory, and shall be implemented on a case -by -case basis." We propose that the Property be recognized, by the City of Encinitas Planning Commission, as one of those cases. Therefore, according to the Downtown Encinitas Specific Plan, Use and Development Regulations, Parking Section 3.3, "an incentive for the remodeling and reuse of existing buildings in the South Coast Highway 101 (First Street) corridor. This is an economic development strategy.for the Downtown Encinitas area. Citywide standards currently allow- existing buildings a parking "break" in that, when an addition is proposed to an existing building, if the development site will not allow the full parking requirement .to be provided, 669 2nd Street, Encinitas 8 Case Igo. 12 -129 DRICDP 1- - �au M ofz e A SJi L? x! sr, 3 -141 the parking requirement must be met only for the floor area of the new addition rather than the whole building. Upon a change of use, however, if the new use has a higher ratio requirement than the previous use, citywide standards require the full parking requirement for the new use to be provided. This specific plan allows existing buildings the same parking break as in the current citywide standards but expands it to apply to any change of use irrespective of the parking ratio requirement. This applies only insofar as the development site is restricted so as to preclude the provision of parking." Therefore, given a lack of existing on -site parking and applying the same ratio for additional parking for the new use of the building, the maximum number of spaces required by the parking ratios (1 per 300 sq. ft.) for the new use on the Property given the square footage of the addition (1500 sq. ft.), the addition of five spaces is the maximum required by Ordinance 2011 -05.4 FMSH ? ------ Finally the third fact, that the utilities were evenly distributed and separately billed from before the City of Encinitas' incorporation in 1986, lead us to conclude that the east 1/3 of the Property has always been outdoor workspace, capable of earning revenue as opposed to free parking for the building 0409it� ability to utilize what was previously believed to be revenue generating workspace... Downtown Encinitas Specific Plan, 'Section 8.0 Historic Preservation, # Specific Plan Provisions Affecting Historic Resources "The development standards in the Specific Plan provide for minimal lot sizes, setback and landscaping requirements. Designed to be more reflective of the existing development pattern, the development standards (primarily for First and Second Street corridors) provide for a more flexible building envelope that will enhance viability of the area's historic structures. This may provide more incentive for rehabilitation and preservation, rather than encourage demolition of the Downtown's older structures." 4 Ordinance 2011 -05 also applies to the Second Street corridor subdistrict. 669 2nd Street, Encinitas Case No. 12-129 DR./CDP 3 -142