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HomeMy WebLinkAboutCT 77-08; Mola Development; Tentative Map (CT)Receipt No. APPLfWTION NO. CARLSBAD TRACT ' ' " .^TION NO. CARLSBAD TRACT V CITY OF CARLSBAD (Please Type or Print) Date: ^ jy?*? 1. REQUEST: Tentative Subdivision Map for: — /? loTS O*^ 5- 5- AC/e£<:> (Land division - air space division - combination land and air space division) 2. LOCATION: The subject property is generally located on the EAST side of ft* CAMl^i^ flBAl* between and ^ t^ffigg ^ eiMcTmc e^se^^gHT 3. ASSESSOR'S NUMBER: Book 11^ Page Parcel 45^W'^lt Book Page Parcel (If more, please list on bottom of page). ^if. OWNER (S): Name Address City Zip. Phone 5. Person responsible for preparation of Map Name Address Citv Zia Phone I4gf oiuidLgr., i^Bgr eefcA^ CM^F. \Registration or License Number: APPLICANTS SIGNATURE: I hereby declare that all information contained within this application is true; and thAt all standard conditions as indicated on the attachment have been read, unde/sto\)d and agreed to. Address City Zip Phone ' ftime Addre Representing (Company or Corporation) Relationship to Property Owner(s) The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major re- drafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: taT^. ^ . Supplemental Information Form - Planning 20 """'•^•r^ Time Extension Agreement - Planning 37 ^-M-^-^^ —^ ' Standard Conditions - Planning 28 Preparation Check List - Planning 33 FEB O9 1977 Procedures - Planning 36 Cin OE CARLSBAD eiaDDlQg Departinent ^ATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps. This time limit can only be extended by ihe mutual concurrence of the applicant and the City. By accepting applications for tentative maps concurrently with other applications, in an attempt to speed up the overall process, the fifty (50) day time limit is often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the tentative map until all prior necessary en- titlements have been processed and approved. In either circumstance, the City will process your request within the; earliest time period, however, in no circumstance shall this delay be greater than 150 days from the day of submittal of application. The undersigned understands that the processing time required by the City may exceed fifty (50) days, therefore the undersigned agrees to extend the fifty (50) day processing limitation and fully concurs with any extensions of time up to one hundred and fifty (150) days that may be required to properly review all of my applications in order that the environmental impact report and any other prerequisites to this application may be processed concurrently. / Sigijia Date Name (Print) Relationship to Application (Property Owner-Agent) FORM Planning 37 Date of Planning Commission Approval CITY OF CARLSBAD ^ ^^y*^ ^ ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 / DECLARATION OF NEGATIVE (NON-SIGNIFICANT) ENVIRONMENTAL EFFECT - APPLICANT Roily Pulaski & Associates, 105 Main Street, Balboa, California (Agent) TYPE OF APPLICATION; Tract Map and Site Development Plan PERMIT AND/OR FILE NO. CT 77-8/SDP 77-1 THE ENVIRONMENTAL IMPACT ASSESSMENT HAS BEEN RECEIVED FOR: PROJECT DESCRIPTION Site Plan and Tentative Tract Map for apart- ments/mult i- family residential/commercial. PROJECT LOCATION East side of El Camino Real between Alga Road and San Diego Gas & Electric easement. I declare that I have examined the information for the above project as submitted by the applicant, and on the basis of the Environmental Impact Assessment questionaire, including supplemental information, in the form of an Archaeological Survey and Traffic study on file in my office as a public document, it is my determination that this project will not have any significant impact upon the environment within the meaning of the California Environmental Quality Act of 1970 and Environmental Protection Ordinance of 1972 for the following reasons: 1. The suppleinental infonnation supplied by the applicant has adequately identified specific irrpacts within the general categories (Archaeology and Traffic) pointed out in the initial Environmental Inpact Report (EIR-283). 2. The supplemental information supplied by the applicant has adequately reconmended measures to mitigate the identified irtpacts. These mitigation measiires will be included as development conditions. The Environmental Impact Assessment and supplemental information will be available for public review and comment for FIVE DAYS from date. DATED: REV. 3/16/77 E.I.S. Log No FORM PLANNING 42 4 NOTICE OF DECLARATION OF NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the following projects have submitted environmental impact information to the City of Carlsbad in accordance with the Environmental Protection Ordinance of 1972 (Ord. 1150) and have been declared to have a non- significant environmental impact. For further information, contact the Carlsbad Planning Department. CARLSBAD PLANNING DEPARTMENT APPLICANT LOCATION ACTIVITY REASON FOR NEGATIVE DECLARATION Roily Pulaski & Assoc. E-S of El Camino Real between Alga Road and SDGiiE ease- ment on north. . Tract Map & Site Develop- ment Plan for i^ts/4-plex/ ocnmercial dev. The supplemental information suppliet^ by the applicant has adequately identified specific iitpacts within the general categories (Archaeology & Traffic) pointed out in the initial EIR (EIR-283). 2. The stipplemental information supplied by the applicant has adequately recommen- ded measues to mit- • igate the identified inpacts.. These •. mitigation measures • vdll be included as developnent con- ditions. STAFF REPORT DATE: JUNE 8, 1977 (REVISED 7-12-77) TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: CT 77-8 APPLICANT: ROLLY PULASKI & ASSOCIATES (AGENT) REQUEST: APPROVAL OF A TENTATIVE SUBDIVISION MAP SECTION I. RECOMMENDATION Staff recommends APPROVAL of CT 77-8 based on the following findings and subject to the following conditions: FINDINGS CT 77-8 1) The proposed map is consistent with the General Plan because: a) The Land Use Plan Map designates the subject site for Residential Medium-High density (10-20 dwelling units per acre). The subject project will provide approximately 12.36 dwelling units per acre. b) The increase in density over the 10 units per acre is consistent because of the relatively flat terrain and the inclusion of public street to serve areas outside the subdivision. 2) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) The project will provide orderly residential development; and b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer; and 3) The site is physically suitable for the type of development because: a) The proposed development will not effect any unusual topographic or geologic features on the site; b) No significant natural vegetation exists on the site. 4) The site is physically suitable for the proposed density of development because: a) Proposed dwelling units per acre do not exceed the allowable maximum. b) There are no significant physical features on the site that would hinder development as planned. 5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: a) A Negative Declaration has been issued for the proposed development. 6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure the above. 7) The design of the subdivision or the type of improvements will not conflict with the easements required by the public at large for access through or use of property within the proposed subdivision because: a) Conditions of approval will insure the above. 8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) The subdivision does not front on any of the above. 9) The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because: a) A Negative Declaration has been issued for the project based on the following findings: 1. The supplemental information supplied by the applicant has adequately identified specific impacts within the general categories (Archaeology and Traffic) pointed out in the initial Environmental Impact Report (EIR-283). 2. The supplemental information supplied by the applicant has adequately recommended measures to mitigate the identified impacts. These mitigation measures will be included as development conditions. 10) The proposed tentative tract map is consistent with applicable City Public Facilities Policies and Ordinances because: a) At this time, all necessary public facilities, including sewer service, and schools are available to serve the subject project as proposed. b) Leucadia County Water District in which the subject parcel is included has confirmed sewer availability. CONDITIONS CT 77-8 1) The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan submitted labeled Exhibit C, dated 5/19/77. 2) Park-in-lieu fees shall be paid to the City, to the satisfaction of the Parks and Recreation Director, prior to approval of the final map. -2- 3) Reciprocal easements for ingress and egress shall be granted across property lines traversed by driveways and parking areas, to the satisfaction of the City Engineer. 4) The public street shall not be blocked to restrict access to the north. 5) Street "A" shall be dedicated and improved based on a 42' width (half street plus 12' travel lane). 6) El Camino Real shall be dedicated on the basis of a 126 foot street section. The median shall be constructed along the frontage of El Camino Real. 7) A fully activated traffic signal, includin channelization and left turn pocket, shall be constructed at the intersection of Street "A" and El Camino Real. 8) The north end of Street "B" shall be constructed as a standard cul-de-sac with a driveway opening to the parcel to the north. 9) Prior to recordation of any final map for the subject property a study of the noise levels of the project lots along El Camino Real shall be made by an acoustical engineer experienced in noise attenuation. Said study shall deter- mine if attenuation measures are necessary to bring noise levels within 65 dB(A) outdoors and 45 dB(A) indoors. Said study shall recommend such atten- uation measures as deemed necessary and approved by the Planning Director. Said measures shall be incorporated in the site design and building plans for said lots as a condition of the Specific Plan or added as conditions to the Tentative Map approval. Archaeology: 1) All requirements and recommendations found under mitigating measures, pages 39, 40, 41, of the Archaeology Evaluation, shall be specifically followed: 2) If, during the accomplishment of the activities outlined above, unexpected or additional information is uncovered, different or additional measures may be required. Although unlikely, provision should be made for this eventuality. Because of this, the archaeologist who attempts to achieve mitigation shall work closely with the City officials to insure the application of adequate and sensible mitigating measures. SECTION II. BACKGROUND Location and Description of Property The 5.5 acre lot requested for subdivision is located on the east side of El Camino Real, approximately 1100 feet north of Alga Road. It is somewhat flat with a gradual north south slope. There are no distinguishing characteristics on this particular site that would separate it from the property to the north and south. Existing Zoning: Subject Property: RDM-Q/C-l-Q North: P-C South: RDM East: P-C West: E-l-A (County) -3- Existing Land Use: Subject Property: Vacant North: SDG&E easement/vacant South: Condominiums East: Vacant West: Vacant Environmental Impact Information Environmental Impact Report No. 283 was certified for the subject property and for the property (14 acres) north of the SDG&E easement on May 6, 1975 by the City Counci1. The EIR pointed out two areas to be further researched when specific development plans were under consideration. These two areas were on-site and off-site cir- culation and the properties archaeological status. The unusual shape of the property and its relationship to El Camino Real (Major Arterial) and Alga Road (Secondary Arterial) warrant additional evaluation. Also, the area has been known for sometime as a potentially valuable archaeological resource. The State of California EIR Guidelines state the following in regard to a previously certified EIR. 15067. SUBSEQUENT EIR. Where an EIR has been prepared, no additonal EIR need be prepared unless: (a) Substantial changes are proposed in the project which will require major revisions of the EIR, due to the involve- ment of new environmental impacts not considered in a pre- vious EIR on the project. (b) There are substantial changes with respect to the circum- stances under which the project is to be undertaken, such as a change in the proposed location of the project, which will require major revisions in the EIR due to the involvement of new environmental impacts now covered in a previous EIR. The City of Carlsbad Environmental Protection Ordinance states the following in regard to a previously approved EIR. 19.04.153 Prior Compliance: If the Planning Director determines that an Environmental Impact Report has been certified for a project in connection with some previously issued entitlement for such project, he may issue an endorsement of compliance without further processing pursuant to this chapter provided that: (a) There are no substantial changes proposed for the project which would require major revisions of the environmental impact report due to the involvement of new environmental impacts not considered in the previous report on the project. (b) Thre are no substantial changes with respect to the circumstances under which the project is to be undertaken, such as a change in the location or manner of construction of the project which will require major revisions in the environ- mental impacts not considered in the previous report on the project. (c) The environmental impact report is submitted to the acting or approving authority in the City for considfertion prior to action on the project. staff determined that the circumstances had changed regarding the subject site and project. The applicant and staff agreed that because only two specific areas of concern needed review, that the situation could be handled by an Environmental Impact Assessment with in-depth additional information. It was agreed that if the impacts of development could not be adequately identified and mitigated through this procedure, a complete EIR would be required. The state of California EIR Guidleines provide for this approach by the following: Article 7, Sec. 15080 d, (2). Where a project is revised in response to an initial study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. As a result, staff and the applicant have worded together to investigate these two areas of concern in detail, based on the applicants general development scheme. The result is two documents submitted as supplemental information to the EIA. Robert Bein, William Frost & Associates prepared a traffic study of the proposed development based on extensive work with the City Engineering staff. The document is attached to this report. A professional archaeologist prepared a thorough study of the property for the above firm. This report is attached and recommends mitigating measures which are incorporated into the conditions section of the staff report. The archaeology report was sent out for review and comments to the following people: . Russ Kaldenberg, Archaeologist for the Department of the Interior. . Carole Walker, S.D. Co. Archaeological Society . Richard Kardash, Archaeological Fellowship . Dr. John Ford, Mira Costa College Staff, in requesting comments from the above specialists, indicated that a non- response to the request would be considered and acceptance of the report. One response was received from Mr. Kaldenberg (indicating acceptance of the report) his letter is attached. Staff has concluded that the submitted supplemental information adequately iden- tifies impacts and also adequately recommends mitigation measures. As a result, a Negative Declaration has been issued for the subject project. General Plan Information The Land Use Plan Map designates the subject property as Residential Medium-High Density (RM-H), 10-20 dwelling units per acre. Seventeen buildings are proposed which yields 12.4 dwelling units per acre. Public Facilities: Water: Location of nearest trunk: adjacent Available? CMWD yes, with provisions -5- Sewer: Location of nearest trunk: % mile approximately Available? LCWD yes, with provisions Circulation: Arterial street access available: El Camino Real/Alga Road Bikeways/Pedestrian paths availble: to be provided. Fire: Nearest station: La Costa, approximately h mile. Response time; 45-60 sec. Pol ice: Response Time: 7-8 Minutes Library: Distance to Main: 7 miles approximately Distance to planned: 3 miles approximately Parks: Nearest public park: Active: Laguna Riviera, 5 miles approx. Planned: Canyon Park, 3 miles approximately. 6 to 8 months from present. Schools: Distance to Elementary ) Junior ) 6 Miles approximately Senior ) Capacity: Available per letter from Carlsbad Unified School District. Solid Waste: Capacity available? Yes Pick up route: El Camino Real Flood Control: Conditions requiring special action? None Major Planning Considerations: Given the unusual shape of the site, its planned uses and relation to major streets, does the proposed project offer a workable comprehensive design? SECTION III. DISCUSSION The applicant and staff have worked extensively on the subject proposal. Concep- tually staff feels that the overall plan works well, given the unusual shape of the property. The primary reason for application of the Qualified Zone Overlay was to insure comprehensive planning for the site. This comprehensive planning was -6- deemed necessary primarily to insure a minimization of traffic impacts on El Camino Real. It was also necessary to provide a workable internal circulation system considering the relatively narrow parcel width and extensive street frontage on El Camino Real. The tendency under these circumstances without Site Plan review would be to orient all development to the major arterial. The tendency would also be to develop the property (3 lots, 2 RD-M zoning - C-l zoning) piecemeal. Thise would lead to individually designed developments with little internal relationship to one another. The proposed plan, in addition to functioning as a comprehensive development, meets the requirements of the underlying zoning. TH:ar 7/13/77 -6- Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication -77- STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad JOUmal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned hod and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF DECLARATIOrv • NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the City of Carlsbad has issued Negative Declarations for the following projects: LOG NO. 634: The proposed project is a 68 unit condominium development on a 5.5 acre site located on the east side of El Camino Real, north of "Westbluff Plaza." The units are generally pro- posed in four-unit clusters, with each dwelling taking access off of a private driveway. The subject property was previously subdivided into a total ^f 16 I6ts, and building pads have been graded, in conjunction with the ap- proval of CT 77-8. As a result, the lots are relatively level and devoid of any significant flora or fauna. The pads step up towards the northern end of the property, with an elevation differential of apl)ro:draately 20 feet between the northern and southern boundaries of the site. Approximately 1600 cubic yards of additional grading is proposed . to prepare the site for development. An Environmental Impact Report (EIR- 283) was certified for the subject prop- erty and for property to the north and south, on May 6, 1975, bythe City Coun- cil. Applicant: MOLA DEVELOPMENT COMPANY Case No: CT 77-8(A) A copy of the subject Negative Decla- rations with supportive information is available for public review, at the Plan- ning Department, City Hall, 1200 Elm Avenue, Carlsbad. Comments from the public are invited. Please submit com- ments in writing to the Planning De- partment within five (5) days from the date of this notice. CJ W430: January 16,1980 .January. .1.6 19 . .80 19 19 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 16th day of Z-m^mry 1QR0 2M/5-79 Clerk of the Printer Carlsbad Johrnal Decreed A Legal Newspaper by the Superior Court of Son Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, r • OF I am o citizen of the United States end a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am prmcipa I clerk of the printer of the CaNsbad JOUmal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and thot the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: PUBLIC HEARING NOTICE RE: CARLSBAD TRACT (CT 77-8) NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing at the City Council Chambers. 1200 Elm Avenue, Carlsbad. California at 7:00 P.M. on Wednesday, June 8,1977. tocon- sider an application for a tentative subdivision map for land division 17 lots on 5.5 acres on property generally located on El Camino between Alga Road and San Diego Gas and Electric easement and more particularly de- scribed as: Being a portion ofthe west half of the northeast quarter of Section 26, Town-ship 12 South. Range 4 West, San Ber- nardino Merdian, City of Carlsbad, County of San Diego, State of Califor- nia. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Ifyou have any questions, please call 729-1181 and ask for the Planning Department. CJ 790w: May 25. 1977 . May.. .as 19.7.7 19 19 19 . . . 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 23th May 1W7T day of _JiaX- A.( 7t-2^ Clerk of the Printer Car/sbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication nz STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Joumal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned hod and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Corlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF DECLARATION OF NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the following projects have submitted en- vironmental impact informatian to the City OfCarlsbad in accordance with the Environmental Protection Ordinance of 1972 (Ord. USD) and have been de- clared to have a nonsignificant en- vironmental impact. For ftirther infor- mation, contact the Carlsbad Planning Department. Applicant: Roily Pulaski & Assoc. Location: E-S of El Camino Real be- tween Alga Road and SDG&E easement on north. Activity: Tract Map & Site Develop- ment Plan for Apts/4-plex/commercial dev. Reason for Negative Declaration: 1. The supplemental information supplied by the applicant has adequately identified specific impacts within the general categories (Ar- chaeology & Traffic) pointed out in the initial EIR (EIR-283). 2. The supplemental information supplied by the applicant has adequately recommended measures to mitigate the identified impacts. These mitigation measures will be included as development conditions. CARLSBAD PLANNING DEPARTMENT CJ 296s: June 4,1977 Jw.e ... .4 19.77. 19 . 19 . . . 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the nth — day of ..^'' «J>une 197/ Clerk of the Printer A PUBLIC HEARING NOTICE RE: Carlsbad Tract (CT 77-8) NOTICE IS HEREBY GIVEN that the Planning Conunission of the City, of Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, CAlifornia at 7:00 P.M. on Wednesday, June 8, 1977, to consider an application for a tentative subdivision map for land division 17 lots on 5.5 acres on property generally located on El Camino between Alga Road and San Diego Gas and Electric easement and more particularly described as: Being a portion of the west half of the. northeast quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Merdian, City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call 729-118 and ask for the Planning Departinent. 9^ RE; PUBLIC HEARING NOTICE : Carlsbad Tract (CT 77-8) NOTICE IS HEREBY GIVEN that the Planning Coiranission of the City of Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, CAlifornia at 7:00 P.M. on Wednesday, June 8, 1977, to consider an application for a tentative subdivision map for land division - 17 lots on 5.5 acres on property generally located on El Camino between Alga Road and San Diego Gas and Electric easement and more particularly described as: Being a portion of fhe west half of the northeast quarter of Section 26, Township 12. South, Range 4 West, San Bernardi-no Merdian, City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to. attend the public hearing. If you have any questions, please call 729-1181 and ask for the Planning Department. Cc?. t •- r. 7 • . • t^.hF. 77-1 7-^vW^:Vx? 17- PUBLIC HEARING NOTICE RE: Carlsbad Tract (CT 77-8) NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, CAlifornia at 7:00 P.M. on Wednesday, June 8, 1977, to consider an application for a tentative subdivision map for land division - 17 lots on 5.5 acres on property generally located on El Camino between Alga Road and San Diego Gas and Electric easement and more particularly described as: Being a portion of the west half of the northeast quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Merdian, City of C£irlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public heciring. If you have any questions, please call 729-1181 and ask for the Planning Department. PUBLIC HEARING NOTICE RE: Carlsbad Tract (CT 77-8) NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, CAlifornia at 7:00 P.M. on Wednesday, June 8, 1977, to consider an application for a tentative subdivision map for land division 17 lots on 5.5 acres on property generally located on El Camino between Alga Road and San Diego Gas and Electric easement and more particularly described as: Being a portion of the west half of the northeast quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Merdian, City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call 729-118 and ask for the Planning Departinent. Case Uo.Cf77-'/9 Date Rec'd: /?? DCC Date: 5//5~ PC Description of Request: <r^/AfJj> ^f(mAor\ Date /7 '^5 Addre -ess or Location of Request: ""^jf^^^ rA f.U^P\tV7^^4 h^juxz^^fx Appl 1-G^^nt: ^c^//1//<^-^^/ ;r,4. Engr. or Arch Brief Legal: Assessor Book: General Plan Land Use Description; Existing Zo.ne^ Acres: ^A' Page: -ZJ WE School District: C Water Sanitation District Within Coast Plan Area: _No: pf bots : p /p_ Proposed Zone: Xj^ DU's DU/Acre iT 7JAV/D • Coast Per^iit Area: f]p) FORM PLANNING 52 7f \\\ MEMOR?VNDUM April 12, 1978 TO: Planning Commission F.ROM: Planning Department 'Z-:j^-~- SUBJECT: SDP 77~1, Mola. Approval of a Site Development P3.a::i for a Commercial Center BACKGROLTND Location and De5-;cription of Property Site Development Plan: The subject site is of unu.sual shape and Js approximately 15 acres (3 lots) , Tha property is bounded on the north by a San Diego Gas and Electric ti-an.srn.ission line ea,sement, on the west by El Camino Real, on the south by Alga Pvoad and east by I,-^. Costa Land Company property. The northern portion of the site is at a higher fclevatio.n than the El Camino Real street grade. A gradual decrease in elevatioii takes place from north to south, resulting in a somewliat equal site elevation to El Camino Real grade on the south. Alga Road c!ro]ps away from the inf.ersection of El Camino Real, and is therefore at a lower elevation than site level. The topography tC) the east of the site rapidly d.rops away to a natur3.1 d.rainage course. The ent.i.re 15 acres has been cultivated .i.n the x^ast. The site is not vacant. Natural vegetation has returned to the area since cultivaticn ceased. The port.J.on of the 15 acre sits requested for comiriercial development, is a 5.7 acre parcel located at the souchorn part cf the site. The parcel is long and narrow in shape, fronting on El Camir>o Real. The commercial site is the. subject of th.i;3 staff report. Existing Zoning Subject Property: Q/C-l-Q North: P-C South: RDI4 East: P-C West: E-l-A (County) Existing Land Use Subject Property: Vacant North: SDGSE easement/vacant South: Condominiums East: Vacant West: Vacant Past History and Related Cases CT 77-8 Roily Pulaski and Associates City Council Resolution No. 5161, Planning Commission Resolution No. 1375: The City Council approved a tentative map on August 2, 1977 for a 16 lot subdivision for the 5.7 acre parcel in the central portion of this site. SDP 77-1, Roily Pulaski s Associates Planning Commission Resolution No. 1374: On June 22, 1977 the Planning Commission approved a site development plan for apartments, four-plexes and a commercial center on this site. The parking configuration for the. commercial setment was not approved and a r-evised parking plan requested. The Planning Comonission denied v^ithout prejudice a Conditional Use Permdt request to allov? a temporary bank facility at the south end cf the subject site. (Planning Coiranission Resolution 1238, dated April 28, 1976). The Planning Commission felt that the request v;as premature and that a more comprehensive plan should be developed for the entire "Q" zoned property. The City Council approved a preannexational zoning on the subject site from E-l-A to C-l (Ordinance 9410, dated December 10, 1974). On SeptemJoer 16, 1975 the City Council approved a City initiated zone change to add the "Q" zone to the property (City Council Ordinance No. 9437). The basis for this action v;as to insure comprehensive planning of the iy:)-M and C-l areas. Environmental Impact Information The City Council certified. Environmental Impact Report No. 283 for the svibject property and for an additional 14 acre property north ofthe SDG&E easement on May 6, 1975. The EIR pointed out two areas to h>e further researched when specific development- plans were under consideration. These two areas were on-site and off-site circulation and the properties archaeological status. The unusual shape of the property and its relationship to El Camino P.eal (Major Arterial) and Alga Road (Secondary Arterial) warrant additional evaluation. Also, the area has been known for some time as a potentially valuable archaeological resoux'ce. Staff determined that the circumstances had changed regarding the subject site and project. The applicant and staff agreed that because only two specific areas of concern needed reviev/, that the situation could be handled by an Environmental Impact Assessment with in-depth additional information. It was agreed that if the impacts of developm.ent could not be adequately identified and mitigated through this procedure, a com>plete EIR could be required. As a result, staff and the applicant have worked t:ogether to investigate these two areas of concern in detail, based on v.he applicant's general development scheme. The result is two documents si.ibmitted as supplemental information to the EIA. Robert Bein, William Frost & Associates prepared a traffic study of the proposed development based on extensive work with the City Engineering staff. A professional archaeologist prepa.red a thorough study of the property for the above firm. This report recommends mitigating measures which were effected prior to grading. Staff has concluded that the sul^mitted supplement information adequately identifies impacts and also adequately recommends mitigation measures. As a result, a Negative Declaration has been issued for the subject property. General Plan Information The Land Use Plan Map designates the subject property as Residential Medium-High Density (RM-H) , 10--20 dwelling units per acre. The Land Use Element states on Page 22 that "All urban residential classifications may include neighborhood commercial uses." The Neighborhood Commercial guidelines establish the size of Neigliborhood Commercial sites at 5 and 10 acres. The proposed site is ar^proximately 5.7 acres. Public Facilities Water- Location of nearest trunk: adjeicenv. Available: CMWD yes, with provisions Sewer Location of nearest trunk: one-half mile approximately Available: LCWD yes, v;ith provisions Circulation Arterial street access available: El Camino Real/Alga Road Bikeways/Pedestrian paths available: to be provided Fire Nearest station: La Costa, approximditely one-half mile Response time: 45-60 seconds Police: Response Time: 7-8 Minutes Library Distance to main: 7 miles approximately Distance to planned: 3 miles appro.x;imately. Parks Nearest public park: Active: Laguna Pdviera, 5 miles app.roximately Planned: Cannon Park, 3 miles approximately 6 to 8 months from present Schools Distance to Elementary, Junior, Senior: 6 miles approximately Solid Waste Capacity availeable: Yes Pick up route: El Camino Real Flood Control Conditions requiring special action: None Major Planning Considerations 1. Is the revised parking and circulation plan for the commercial center safe and efficient? 2. VJill the landscaping proposed for the coirimercial site and along El Camino Real sufficiently screen the parking lot from the street? 3. Will the project inclvide adequate erosi.on control along the east prope.rty .boundary? 4. Vvill the residential property to the east be presented with an acceptable view of the project? 5. Does the project design meet the spirit of the "Q" overlay zone? DISCnSSION The primary consideration in reviewing the site development plan is whether or not the project adequately meets the intent and purpose and the provisions of the "Q" overlay zone. Staff has been working closely wibh the developer for some t.i-ine now to insure that the development vrould meet the spirit of the "Q" overlay zone. Only a portion of the site development plan is ready for commission eipproval. It is expected the th.e building pad at the north end of the site will hold a supermarket and the south pad \<7ill be reserved for a bank. The design and layout of these buildings will be reviewed by the Planning Commission under the "Q" overlay when they a.re submitted .4 Staff feels comfortable in recommending approval of the site development plan for the subject project for the following reasons: 1. The project design demonstrates sensitivity to ths view of the project from adjoining residential properties and adjoining streets. 2. Adequate public improvements are assured. 3. A thorough environmental investigation has been conducted and adequate mitigation provided. 4. The development complies with the General Plan (See Page 22 of the La.nd Use Element) . 5. The subject parcel is adequate in size and shape to accommodate the proposed use. RECOMMENDATION That the Planning Commission approve SDP 77-1 for the reasons stated above and subject to the following conditions: 1. Approval is granted for a portion of SDP 77-1 Exhibit "A" dated 3-23-78. Areas designated as "future" on said exhibit are specifically not approved, and new application amending SDP 77-1 will be required to approve development of those sites. 2. A landscape and irrigation plan shall be approved by the Planning Department prior to the issuance of building permits. Said plans to include a landscape design for the center median of El Camino Real. 3. Parking areas shall be adequately screened from p\iblic streets and adjoining residential. 4. Roof mounted mechanical equipment shall be obscured from the view of adjoining streets and adjoining residential. 5. If a retaining wall is to be constructed along the east j)roperty line, it shall be constructed of decorative materials and the view sliall be buffered with landscaping. 6. Location of fire hydrants and sizes of line serving said hydrants shall be approved by the Fire Marshall. 7. The driveway on Dave Lane shall not be located any further to the west than is presently shown on Exhibit "A." 8. As part of Phase I the parking lot shall be developed sufficiently to accommodate all parking required for Phase I uses. All access drives shall be fully improved to a width of 28 feet. Developed portions of tho j^arking lot shall be delineated from undeveloiped portions to the satisfaction of the City Engineer. A suggested Phase I parking lot development is siiown on Exhibit A. 9. Alga Road shall be dedicated on the basis of a 102 foot street section. 10. El Camino Real shall be dedicated on the basis of a 126 foot street section! 11. Complete half-street public improvements shall be provided along the entire Alga Road and El Camino REal frontage. These shall include dedication and construction of a curb leturn at the intersection to provide a free right lane to be approved by the City Engineer. 12. The applicant shall execute a secured agreement to provide one-fourth of the cost of a traffic signal, including channelization, at the intersection of Alga Road and El Camino Real, or participate in the cost of traffic signals in accordance with the City ordinances at the time building permits are issued. 13. Dedication of Alga Road and El Camino Real shall include a waiver of direct access rights except at the driveways on the approved site development plan. 14. The median shall be constructed along the entire El Camino Real frontage. The median may be constructed in three phases to ensure that all access points along El Camino Real shall be right turn in-turn turn out, excepting at Street A (between the commercial area and the four-plex area). A fully activated traffic signal shall be constructed at the inter- section of Street "A" and El Camino Real in conjunction with the construction of the commercial area. 15. Street lighting along El Camino Real shall be the Mission Bell type. 16. No building permits shall be issued until the Planning Director has approved the final site development plans. 17. This approval shall expire in one year from the date of approval if building permits are not issued within said one year period. EXHIBITS: Location Map Exhibit A dated 3/23/78 DR:DA:S »'7:Vy: f— Case Deseri AdUr Engr. or Arch ^tr'>^^' Brief Legal: Assessor Book:"""^liC^ .a. , Genera] Plan Lan<ri.jse Description: "iTJij/T Existing Zone:_jD£hi:^^ Zone:__^^SZZI__ . Acres: /< l^oT^f Lots: ^ -5 DU's ^ DU/Acre /_-^ School uTstri c tj_ 77Al^ Hater Sanitat 1 orTOistrict: AM\VT> Within Coast Plan Area: Coast Pcmit Area: AID. ZII| -V (g(giir[lglo)@i(2l TOoi^ ^k§M (oMi^M 601 pine avenue cQrlsbQd,cQliforniQ 92000 729-9291 June 16, 1977 A^ Reference: El Camino Heights ycrt 77-e^/^i?P77-/ frank j.' Mala , (formerly Cal-Pacific Properties) Mr. Eric Larson, Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. James C. Hagaman, City Planning Director Gentlemen: Our district has reviewed the proposed 155-unit residential development generally located northeast of the Intersection of Alga Road and El Camino Real as referenced above and has evaluated the impact of that development on the facilities of our district. The Governing Board wishes to advise the City officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the district will be crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round school program, or double sessions, or both. However, the district is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Very truly yours ,^ R. A. Crawf$ District Superintendent" FHL:RAC:aw CC: Frank J. Mola ROBERT A. CRAWFORD DISTRICT SUPERINTENDENT BOARD OF EDUCATION THOMAS L. CURTIN. M.D. W. ALLAN KELLY RICHARD R. O'NEIL. M.D. MARY A. SCHERR HOPE WRISLEY i' €(o]irDglfi)(§i(2l TOoi^ mhmi (olmkM 001 pine avenue carlsbadcalifornia 92000 729-9291 March 16, 1977 Reference; i CT 77-S (SDP 77-1) Frank Mola City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Bud Plender, Acting City Planning Director Gentlemen: The Governing Board has reviewed the information sent from your office regarding the above-referenced application for a proposed development planned by Mr. Frank Mola, which would include 68 apart- ment units. It is necessary that the school district administration meet with Mr. Mola to enter into an agreement for providing contributions for school facilities. We, therefore, cannot at this time provide you with information that the district can provide school facilities for this proposed development. Sincerely yours R. A. Crawf<< District Superintendent FHL:RAC:aw "~5 —T' ' ~' '' "• 1 i i il, 1, ii^ i V MJ MAR 1 7 1977 CITY OF CARLSBAD Planning Departnnent ROBERT A. CRAWFORD DISTRICT SUPERINTENDENT BOARD OF EDUCATION THOMAS L. CURTIN. M.D. W. ALLAN KELLY RICHARD R. O'NEIL. M.D. MARY A. SCHERR HOPE WRISLEY Attached is a copy of the location map and information sheet on subject case. TIfis item v/ill be reviev/ed by Carlsbad Development Review Committee on yA> - ^ ^ ' "y ~^ ^ • 'Therefore, if you have- comments or conditions that should be considered, please complete this comment request and return « For further information, please contact the Planning Department at 729-1181, Ext. 25. . • • . • <^,yi f^^^^^ • ", Bud Plender, Assistant Planning Director . FebTuary 25, 1977 .' 'll-SDrO-Gbd COMMEHTS: Your- recent nusmorandum request comment on' the foilowing y.\ yirai'lATJOil RHQUL'ST rouM - • >^ F 'JO: • , 2^;^ ' Q^£^ FROM:'- ' CARLSBAD PLANIIIMG DEPARTMEIIT •RE: • CASE NO. 17- •-is, referenced Subdivision located between Alga Rd and the • SDG&E easement. At .the present tiilie we have no route • y. studies which -would affect this property Sincerely, • . . ' •• A > Jacob Dekema . / .. " District Director of Transporta'tion . * ^ • By '^^^^^\^.^^S^,<2^.^- • - W 1^ Dis'trict Land Use Coordinator .' • • '<' • • . '714 294-5373 ' • ' •'' ' . 1 L - tj b . I,:'/,/ • :l . • . ', .1 1 ' * t* i \ J ' h' (attach additional sheet if necessary) ' ' \ . ' • ' \ , . • ' . . . T ; DATf^ TO: FROM:' CARLSBAD PLAIIIIIKG DEPARTMENT •RE: • CASE NO.CCJT" 7 7 ~ '' • " Attached is a copy of the location map and information sheet on subject case, Th"is item will be reviewed by Carlsbad Development Review Committee on ^ S ~ "7 y Therefore, if you have- comments or conditions that should be considered, please complete this comment request and return by -3-of'7 7 > For further information, please contact the Planning Department at 729-1181, Ext. 25. ' • • ' -. 7 Bud Plender, Assistant Planninq Director COMMENTS: f^He. <r /<y t/^AA/T <o> / 7» /gCQ^i /ge J P/ /ec- f^7>i. /gcTQo t ic ACC^S /LoAcJ .^7-/g// 7iA^<£ Oo»L>>0^ a<o<>>£nec/c77o/U 3'3-77 (attach additional sheet if necessary) -Is I ;iiiTl^,MATJO!l REQUEST FORM DATE z^'-- ^ ^ -'7'^ ' • ' TO/.-,. -P^A m\-7 ' CARLSBAD PLAIINIR'G DEPARTKiENT •RE: CASE HO. 'C T~ ~j ~} ~ Ji' Attached is a copy of the location map and information sheet on subject case. Tins item will be reviev/ed by Carlsbad Development Review Committee on • 3 ^ ^ " ^ "7 • ''^"'i^i''G'Eore, if you have- comments or conditions that should be considered, please complete this comment request and return by 3 - Q ^ - 71, For further information, please contact the Planning Department at 729-1181 Ext. 25. " • • - . .' Bud Plender, Assistant Planning Director _ , . 7?^/P/A/7^/?/7e^ 0// ML ./}^/>P^AZ> (7/^/7^ y^^MV^ OJ^ A77)/i//7?iy/?L AhJ/^£/^SAyy^A^ t^P 7?y^ yi^- Ac^A^. /O 7£i/sj/)p2? DA) ^ l7P/^/JJ6^P^/l^£: /7jePjU/7^L^T J/^A fA/7)AAJl, 7/^ 7?7^ fiTaNj-y AAjp/y)Apy;A^' ^ 7/^aA^nA) A^TZ AT^AJTJ « « (attach additional sheet if necessary) •Vj 1 • 5 i 4 DATi; SKl-Z !)JST(;iiU)T]'JN i Zri DATIl TO \:\-. KLCEIV!.!): I"ucadia County ttr Dist 'i:i;,9 CM: ino Rc;'l /_'v;)7(ifi [; 1 C;. iii'i lur lie fl 1 CarlfMuui, CA 9^008 r^"! Jack I'.iihotc !• Asjoc. iJzi !''0. Box 1 (;:;•; Ciii-lshcd, CA C^OOO Attn: John Pierce st San lisrc.o:; County i.'ater Dist. 7(i8 W. 1;ncini t.c.s Hd. Ssn Marcos, CA 9Z0C9 0] 1 v&!il;a i n I'unici'pa ] Mater Dis.t 1 906 01 i veii!:ai n P.''. Encinitas, CA 920?' San Marcos Unified School District 270 San Marcos Blvd. San Marcos, California 92069 !'(• 511 u.t er J Ci ty of Car'l .sbad Ca r'l si) ad, California 92008 Water Quality Control Dd. 6 1 5 'i M i r. sion G o r- !j o R o a (1 .Suite ?.0[} San Dietio, Califoriiia 9?1?.0 A110 n t i 0 r;; G r c y I. ue AI Carlsbat Rob'ort C d U n i r 1 G C ;'• ;C1 Pillf: Ave. Carlsbad, CA ()2003 ^7 ford, Su Ch.ool Ul Dill I'oriier, Supt. San nioc)uitf> Union I'igl, School Dis ?:'i'6] i;c\;ca,-.v,! 0 Avenue Cardiff, CA S?00 7 Robert L. Oricl;n;an, Phi) encinitas Llenentury School uist. 185 Union Street Ijicinitas, CA 9?.(.i2Z, r'\7| f)i rcctoi- of Public .Healtii |_AJ Pepartnrcnl of Publ i c. Heal C i V i c C c n t e r San Diecjo, CA 92^01 th S.Ti Diego- Coast Poo i ona 1 Cos 6154 ilissioii Go'-o^' Rd. Suite 22(1 S a li D i c: 0 0 , C A 9 21 ? 0 Ml-. R. L. Brov;n, Jr. San Dieoo Flooci Control Dis SSSS Overland Drive San D i c Ci 0 , California Eduin J. I'.-'imlich F e d e r a 1 Ho u s i: i g Ad ri i ii. P.O. Box 2 6-'.? S a 11 Diego, C A 9 ? 1 1 Z L • • San D;e\o G; Electric\Bl 8G1 GthjVcMiue, Rm '716 San^^gi^rtioX CA 92101 Attn: Larry Kelly F_OP INFORMATI on Electric Pacific Telephoiu: Co. Right-of-Hay Dept. | 2436 Hoi/ard Ave.. Rm 120 San Diego, CA 92103 California Div. of Real Est, 107 S. Broadway, Rm 8003 Los Angeles, CA 90012 Rill Nicliols Carlsbad Chandier Of Commerce Elm Avenue Carlsbad, CA 92008 Dru.ce El ias on Dept of fish & Game 350 Golden SP.ore Long Beach, CA 90302 X CITY PE RSO nil EL Q WATER DEPARTMENT j^g, ENGJHEERINR DEPT ^ EIRE DEPARTllEKT |^ I'ARKS & RECRLAT10!1_ DEPARTI'IEIIT • UTILITIES DEPARTtlEHT • BUILDING DEPARTMENT • , — •. • .— FORM PLANNING 53 J. Dckeiiia D ist. Dir. 01' T r a n s P.O. Box 81405 San Dieqo, CA 92130 T . C . iA a ]• t i n Programs J< Budget E n g 1 n e e r S t a to of C a 1i f o r n i f: Dept. of Traiisport. District 11 P.O. Box 81406 San Diego, CA 9213.' 7M^yLPr\ 1200 ELM AVENUE K[ r 1 TELEPHONE: CARtSBAD, CALIFORNIA 92008 ll^-^S^ufTI 1 ^^li^P^?^--- 438-5591. January 16, 1980 Dr. Robert Crawford, Supt. Carlsbad Unified School District 801 Pine Avenue Carlsbad, CA 92.008 RE: Application for Residential Projects PUD-13/CT 79'-28 - 56 Units CT 77--8(A)/CP 45 - 68 Units Dear Mr, Crawford: We have received applications for two (2) residential projects east of El Camino Real and north of Alga Road. The first, PUD-13/CT 79-28, includes 56 dwelling units. The second, CT 77-8(A)/CP-45, has 68 dwelling units. This project was approved previously and we have a letter from you dated June 16, 1977 which indicates that school facilities will be avail- able. Please send us a letter indicating whether or not school facilities will be available for both of these projects. If you have any questions, please call me at A38-5591. Sincerely, Karen Lee Planning Department KJL:ma Enclosures CP 7^77 MEMORANDUM DATE: July 5, 1979 TO: Bud, Dave, Associate Planners FROM: James C. Hagaman, Planning Director SUBJECT: Public Facilities Fees The City Council new policy regarding public facilities fees is, roughly: At such time as public facilities fees are adoptaci by the City such fees shall be applicable to any and all projects which have not obtained building permits prior to the effective date of that ordinance. JCH:ms 1- T ^mi7 ^ STAFF REPORT DATE: JUNE 8, 1977 (REVISED 7-12-77) TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: CT 77-8 APPLICANT: ROLLY PULASKI & ASSOCIATES (AGENT) REQUEST: APPROVAL OF A TENTATIVE SUBDIVISION MAP SECTION I. RECOMMENDATION r ' ' ':.!• staff recommends APPROVAL of CT 77-8 based on the following findings and subject to the following conditions: FINDINGS CT 77-8 1) The proposed map is consistent with the General Plan because: a) The Land Use Plan Map designates the subject site for Residential Medium-High density (10-20 dwelling units per acre). The subject project will provide approximately 12.36 dwelling units per acre. b) The increase in density over the 10 units per acre is consistent because of the relatively flat terrain and the inclusion of public street to serve areas outside the subdivision. 2) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) The project v/ill provide orderly residential development; and b) The project vnll not cause excessive expansion of public facilities and/or expense to the taxpayer; and 3) The site is physically suitable for the type of development because: a) The proposed development will not effect any unusual topographic or geologic features on the site; b) No significant natural vegetation exists on the site. 4) The site is physically suitable for the proposed density of development because: a) Proposed dwelling units per acre do not exceed the allowable maximum. b) There are no significant physical features on the site that would hinder development as planned- z7fi^Mi^''tn''i^^Mim^ 5) The design of the su^^ision or the imposed improven^fcs are not likely to cause substantial environmental damage or substantial^ and unavoidably injure fish or v/ildlife or their habitat because: a) , A Negative Declaration has been issued for the proposed development. 6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure the above. 7) The design of the subdivision or the type of improvements will not conflict with the easements required by the public at large for access through or use of property within the proposed subdivision because: a) Conditions of approval will insure the above. 8} The subdivision will Rot prohibit reasonable access to O'jblic waterways, rivers, streams, lakes, reservoirs, coastlines or shorslinss because: a) The subdivision does not front on any of the above. 9) The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because: a) A Negative Declaration has been issued for the project based on the following findings: 1. The supplemental information supplied by the applicant has adequately identified specific impacts within the general,:" categories (Archaeology and Traffic) pointed out in the initial Environmental Impact Report (EIR-283). 2. The supplemental information supplied by the applicant has adequately recommended measures to mitigate the identified impacts. These mitigation measures v/ill be included as development conditions. 10) The proposed tentative tract map is consistent with applicable City Public Facilities Policies and Ordinances because: a) At this time, all necessary public facilities, including sev/er service, and schools are available to serve the subject project as proposed. b) Leucadia County Water District in which the subject parcel is included has confirmed sewer availability. CONDITIONS CT 77-8 1) The approval is granted for the land described in the application and any attachments theret: and as shown on the plot plan submitted labeled Exhibit C, dated 5/19/77. 2) Park-in-lieu fees shall be paid to the City, to the satisfaction of the Parks and Recreation Dirsctor, prior to approval of the final map. I-;.'. 7mfA ' ""-W^'' •"*5>^!#*'v^w 3) Reciprocal easements for ingress and egress shall be granted across property lines traversed by driveways and parking areas, to the satisfaction of the City Engineer. 4) The public street shall not be blocked to restrict access to the north. .' .'• .-r ..; • • 5) Street "A" shall be dedicated and improved based on a 42' width (half street -il-x^ plus 12' travel lane). zPzmi z-^:^-y'r:-:z- 6) El Camino Real shall be dedicated on the basis of a 126 foot street section., .v't The median shall be constructed along the frontage of El Camino Real. 7) A fully activated traffic signal, includin channelization and left turn pocket, shall be constructed at the intersection of Street "A" and El Camino Real. 8) Tha north end of Street "B"' shall be constructed as a stand.ard cul-da-sac-wi th a driveway opening to the parcel to the north. 9) Prior to recordation of any final map for the subject noise levels of the project lots along El Camino Real acoustical engineer experienced in noise attenuation, mine if attenuation measures are necessary to bring no dB(A) outdoors and 45 dB(A) indoors. Said study shall uation measures as deenied necessary and approved by th Said measures shall be incorporated in the site design said lots as a condition of the Specific Plan or added Tentative Map approval. property a study of the shall be made by an Said study shall deter- ise levels within 65 recommend such atten- 2 Planning Director. and building plans for as conditions to the Archaeology: 1) All requirements and recommendations found under mitigating measures, pages 39, 40, 41, of the Archaeology Evaluation, shall be specifically followed: 2) If, during the accomplishment of the activities outlined above, unexpected or additional infonnation is uncovered, different or additional measures may be required. Although unlikely, provision should be made for this eventuality. Because of this, the archaeologist who attempts to achieve mitigation shall work closely with the City officials to insure the application of adequate and sensible mitigating measures. SECTION II. BACKGROUND Location and Description of Property The 5.5 acre lot requested for subdivision is located on the east side of El Camino Real, approximately 1100 feet north of Alga Road. It is somewhat flat with a gradual north south slope. There are no distinguishing characteristics on this particular site that would separate it from the property to the north and south. Existing Zoning: Subject Proparty: North: Southr East: West: RDM-Q/C-l-Q P-C RDM P-C E-I-A (County) Existing Land Use: Subject Property: North: South: East: West: Vacant SDG&E easement/vacant Condominiums Vacant Vacant Environmental Impact Information Environmental Impact Report No. 283 was certified for the subject property and for the property (14 acres) north of the SDG&E easement on May 6, 1975 by the City Council. The EIR pointed out two areas to be further researched when specific development plans were under consideration. These two areas were on-site and off-site cir- culation and the properties archaeological status. The unusual shape of the property and its relationship to El Camino Real (Major Artsrial) and Alga Road (Secondary Arterial) warrant additional evaluation. Also, the area has been known for sometime as a potentially valuable archaeological resource. The State of California EIR Guidelines state the following in regard to a previously certified EIR. 15067. SUBSEQUENT EIR. Where an EIR has been prepared, no additonal EIR need be prepared unless: (a) Substantial changes are proposed in the project which will require major revisions of the EIR, due to the involve^ ment of new environmental impacts not considered in a pre- vious EIR on the project. (b) There are substantial changes with respect to the circum- stances under which the project is to be undertaken, such as a change in the proposed location of the project, which will require major revisions in the EIR due to the involvement of new environmental impacts now covered in a previous EIR. The City of Carlsbad Environmental Protection Ordinance states the following in regard to a previously approved EIR. 19.04.153 Prior Compliance: If the Planning Director determines that an Environmental Impact Report has been certified for a project in connection with some previously issued entitlement for such project, he may issue an endorsement of compliance without further processing pursuant to this chapter provided that: (a) There are no substantial changes proposed for the project which would require major revisions of the environmental impact report due to the involvement of new environmental impacts not considered in the previous report on the project. (b) Thre are no substantial changes with respect to the circumstances under V'/hich the project is to be undertaken, such as a change in the location or manner of construction of the project v/hich will require major revisions in the environ- mental impacts not considered in the previous report on the project. (c) The environmental impact report is submitted to the acting or approving authority in the City for considertion prior to action.on the project. -••-•4...I'Vi--?-- ••<• ••-•4* , . Staff, determined that the circumstances had changed regaWng the subject site and project. The applicant and staff agreed that because only two specific areas of concern needed review, that the situation could be handled by an Environmental • Impact Assessment with in-depth additional information. It was agreed that if the impacts of development could not be adequately identified and mitigated through this procedure, ,a complete EIR would be required. The State of California EIR Guidleines provide for this approach by the following: - Article 7, Sec. 15080 d, (2). Where a project is revised in ; response to an initial study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative: Declaration shall be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. As a result, staff and the applicant have worded together -Q investigate these two areas of concern in detail, based on the applicants general development scheme. The result is two documents submitted as supplemental information to the EIA. Robert Bein, William Frost & Associates prepared a traffic study of the proposed development based on extensive work with the City Engineering staff. The document is attached to this report. A professional archaeologist prepared a thorough study of the property for the above firm. This report is attached and recommends mitigating measures which are incorporated into the conditions section of the staff report. The archaeology report was sent out for review and comments to the foHowing people: . Russ Kaldenberg, Archaeologist for the Department of the Interior. . Carole Walker, S.D. Co. Archaeological Society . Richard Kardash, Archaeological Fellowship . Dr.^ John Ford, Mira Costa College Staff, in requesting comments from the above specialists, indicated that a non- response to the request would be considered and acceptance of the report. One- response was received from Mr. Kaldenberg (indicating acceptance of the report) his letter is attached. Staff has concluded that the submitted supplemental information adequately iden- tifies impacts and also adequately recommends mitigation measures. As a result, a Negative Declaration has been issued for the subject project. General Plan Information The Land Use Plan Map designates the subject property as Residential Medium-High Density (RM-H), 10-20 dwelling units per acre. Seventeen buildings are proposed which yields 12.4 dwelling units per acre. Public Facilities: Water: Location of nearest trunk: adjacent Available? CMWD yes, with provisions ^ L - -< V Sewer: 77 Location of nearest trunk: h mile approximately Available? LCWD yes, with provisions Circulation: ^ Arterial street access available: El Camino Real/Alga Road Bikeways/Pedestrian paths availble: to be provided. Fire: • . . .. -J Nearest station: La Costa, approximately % mile. Response time; 45-60 sec. Police: Response Time: 7-8 Minutes Library: Distance to Main: 7 miles approximately Distance to planned: 3 miles approximately Parks: Nearest public park: Active: Laguna Riviera, 5 miles approx. Planned: Canyon Park, 3 miles approximately. 6 to 8 months from present. Schools: Distance to Elementary ) Junior ) 6 Miles approximately Senior ) ^ Capacity: Available per letter from Carlsbad Unified School District. Solid Waste: Capacity available? Yes Pick up route: El Camino Real Flood Control: Conditions requiring special action? None Major Planning Considerations: Given the unusual shape of the site, its planned uses and relation to major streets, does the proposed project offer a v/orkable comprehensive design? SECTION III. DISCUSSION The applicant and staff have v/orked extensively on the subject proposal. Concep- tually staff feels that the overall plan works well, given the unusual shape of the property. The primary reason for application of the Qualified Zone Overlay was to insure comprehensive planning for the site. This comprehensive planning was deemed necessary primari^^to insure a minimization of t^|fic impacts on El Camino Real. It was also necessary to provide a workablWnternal circulation system considering the relatively narrow parcel width and extensive street frontage on El Camino Real. The tendency under these.circumstances without Site Plan review would be to orient all development to the major arterial. The tendency would also be to develop the property (3 lots, 2 RD-M zoning - C-l zonin piecemeal. Thise would lead to individually designed developments with little internal relationship to one another. The proposed plan, in addition to functioning as a comprehensive development, meets the requirements of the underlying zoning. g) Z.:iZ.-ii y7A TH:ar 7/13/77 -6- PROFESSIONAL ENVIRONMENTAL ENGINEERS t. PLAN'.i-; May 19, 1977 RECEIVED Mr. Frank Mola Mola Development Company c:3':\D 417 Main Street CiTY Ur ^•--::.r Huntington Beach, CA 92648 Flsnnirg t:;,---^' Dear Frank: We are sending you the following copies of plans and maps: 20 Copies of Tentative Tract Map (Revision #1) 20 Copies reduced Site Plan (Pick up at Roily Pulaski's Office) 10 Copies of Topo Map - North Parcel 10 Copies of Topo Map - South Parcel 10 Copies Cross Sections 10 Copies Cross Sections Key Map 10 Copies Typical Parking Layout 15 Copies Landscape Plan 1 Copy Landscape Plan colored If we can be of further assistance, please call. Sincerely, ROBERT BEIN, WILLIAM FROST & ASSOCIATES Robert D. Mickelson Project Director RDMtsc • O • C - . ^ , L 5 ^ • - WOODSIDE/KUBOTA & ASSOCIATES, INC. ENOINEERS 2965RooseveltSt.«P.O.Box1095.Carlsbad,California92008.(714)729-1194 March 7, 1977 LJ '••L.J -lii / IJ Mr. Bud Plender Assistant Planning Director ^iDQ n 7 1Q77 City of Carlsbad ' ' '"^' 1200 Elm Ave. Carlsbad, Calif. 92008 CITY OF CARLSBAD, Flannins Dspartment I Subject: Carlsbad Tract 77-J6 - Frank Mola Development - Carlsbad Municipal Water District. Dear Mr. Plender: Responding to your request of February 22, 1977, Carlsbad Municipal Water District has the following comments and recommendations regarding the proposed tentative map: 1. The subject property is located within our Improvement District No. 2 and water service will be made available from our facilities in El Cami no Real. 2. The developer should be required to conform to all of the applicable policies, regulations, and construction standards and specifications for the construction of a complete public water system to serve the entire development. 3. The developer will be required to conform to the requirements of the applicable master plans for public water system facilities as established by the District. Please contact this office in the event you have any questions regarding the public water service requirements for the proposed devyelopment. 'Jack 'iA^i.\x\/o\.^\ District Engineer ^^^arlslMd Municipal Water District cc: Robert Bein, William Frost & Assoc Carlsbad Municipal Water District JYK/le In Orange County, Santa Ana CMWD 77-402 WOODSIDE/KUBOTA & ASSOCIATES, INC. • NOINeSRS -pyiPyA 2965 Roosevelt St. • P. 0. Box 1095 • Carlsbad, California 92008 •(714) 729-1194 Ma r C h J , ^7'\Q7T Mr. Bud Plender Assistant Planning Director City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 Subject: Site Development Plan No. 77-1 - Frank Development - Carlsbad Municipal Water Dear Mr. Plender: Mola District Responding to your request of February 22, 1977, we have the following comments and recommendations regarding the proposed development: 1 By way of previous correspondence with your office for Conditional Use Permit No. 117 - Bank of America, dated February 9, 1976, and Zone Change No. 149 of August 29, 1974, this letter is to supplement all of the comments made in these previous communica- tions to you. The property under consideration is a part of our District No. 2, so that public water service will our facilities in El Camino Real and Alga Road. Improvement provided from 3. The development will be required to conform to the policies, regulations, and construction standards and specifications of the Water District, so that a complete public water system will be developed. 4. The development will be required to adhere to the applicable master plans for public water service, which may include the construction of major facilities that will be of direct benefit to the development. Please contact this office if you have any questions regarding the public water service aspects of the proposed project. "vexy 7 /Jack Y.(Kjrfcota> District Engineer ^carlsbad Municipal Water District cc: Robert Bein, William Frost & Assoc. Carlsbad Municipal Water District Roily Pulaski & Assoc. In Orange County, Santa Ana JYK/le CMWD 74-208 roily pulaski & associates architects, a.i.a. the balboa inn, 105 main st. balboa, ca 92661 (714) 675-6200 March 2, 1977 Mr. Tom Hageman CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Ca 92008 Dear Mr. Hageman: This letter hereby authorizes the City of Carlsbad to pro- ceed in hiring a consultant to update the EIR prepared for the project known as "Cal-Pacific Properties." We are obviously interested in resolving the concerns the City might have regarding the project submitted by Mola Development Company referred to as "Villa La Cumbre" and the adjacent apartment and commercial parcels now under considera- tion by your staff. Roily Pulaski Authorized Agent for Mola Development Co. RP: bs STATE OF CAUFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION 6154 MISSION GORGE ROAD, SUITE 205 SAN DIEGO, CALIFORNIA 92120 TELEPHONE: (714) 286-5114 FE:BRUARY 28, 1977 CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92088 ATTENTION: PLANNING DEPARTMENT GENTLEMEN: SUBJECT: SDP-77-1 & CT 77-6 (MOLA-CARLSBAD) WE HAVE REVIEWED THE ABOVE SUBJECT MATERIAL AND HAVE NO COMMENT AT THIS TIME. YOURS VERY TRULY, * ^ FOR: LAD IN H. DELANEY SUPERVISING ENGINEER KECEiVED . Il'iR 0 1 1977 CITY OF CARLSBAD Planning Departnfient TITLE INSURANCE AND TRUST 220 "A" STREET P.C. BOX 1150 SAN DIEGOt CALIFORNIA 92112 714-239-6031 FEBRUARY 4, 1S77 GESSLEMAN ESCROW YOUR REFERENCE: MOLA/CAL-PACIFIC PROPERTIESt INC., CR NOMINEE GUR CRDER NO. : 102C431 IN RESPONSE TO THE ABCVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE! TITLE INSURANCE AND TRUST COMPANY HEREBY REPORTS THAT £T IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ^NY DEFECT, LIEN CR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELCW OR NOT EXCLUDED FRCM COVERAGE PURSUANT TO" THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FQR-M. THIS REPORT -AND ANY SUPPLEMENTS OR AMENDMENTS THERETO- IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE ANO NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER GR CG«MITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS CF JANUARY 26, 1977 TITLE OFFICER: JOHNSTGN/BEALL THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF"IS VESTED IN: CAL-PACIFIC PROPERTIES INC., A CALIFORNIA CORPORATION, AS TO AN 1020431 PAGE 1 UNDIVIOED 1/2 INTEREST; ROWCC INC- A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED 1/6 INTEREST; MORTIMER WINSKI & AGATHA WINSKI, HUSBAND AND WIFE AS COMMUNITY PROPERTY, AS TO AN UNDIVIDED 1/6 INTEREST; WILLIAM B, RANDALL AND GERALDINE K. RANDALL HUSBAND AND WIFE, AS COMMUNITY PROPERTY AS TO AN UNDIVIDED 1/6 INTEREST. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR SECOND INSTALLMENT 1976-77 NOW PAYABLE AND WILL BE DUE FEBRUARY I, 1977 TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1976-77 9038 215-050-49 - PARCEL 3 $28,500.00 $1,564.21 - PAID $1,564.21 - UNPAID TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1976-77 9038 215-050-54 - PARCEL 2 $22,500.00 $1,234.90 - PAID $1,234-90 - UNPAID TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1976-77 9038 215-05C-55 - PARCEL 1 $29,000.oi $1,591.66 - PAID $1,591.66 - UNPAID 2. AN EASEMENT AFFECTING THE PCRTICN OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS THE COUNTY OF SAN DIEGO PUBLIC ROAD PURPOSES SEPTEMBER 25, 1951 IN BOOK 4244, PAGE 418 CF OFFICIAL RECORDS A STRIP OF LAND 60 FEET WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 26, DISTANT THEREON, NORTH 89°53«4Q" WEST, 2565.99 FEET FROM THE NORTHEAST CORNER OF SAID SECTION; THENCE SOUTH 33'»35«30" EAST, 1009.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2000 FEET; THENCE 1020431 PAGE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25<'25'30" A DISTANCE OF 887.50 FEET; THENCE TANGENT TC SAID CURVE SOUTH 8«i0* EAST, 987-22 FEET TO A POINT ON THE EAST AND WEST CENTER LINE OF SAID SECTION 26, DISTANT THEREON, SOUTH 39<»51' EAST, 1109.11 FEET FROM THE CENTER OF SAID SECTION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED CR SHORTENED, SO AS TO TERMINATE IN SAID SOUTH LINE AND SAID EAST AND WEST CENTER LINE OF SAID SECTION 26. AFFECTS: PARCEL 1. 3- AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, ANO INCIDENTAL PURPOSES • ^ SAN DIEGO GAS S ELECTRIC COMPANY . ( POLES, WIRES AND ANCHORS /--^ DECEMBER 9, 1953 IN BOOK 5071, PAGE (317 OF OFFICIAL RECORDS, RECORDER'S FILE NO. 165116'^-^ A PORTION OF LAND 200 FEET IN WIDTH BEING DESCRIBED AS FOLLOWS: IN FAVOR OF FOR RECORDED AFFECTS THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE 150 FEET NORTHEASTERLY MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DISTANT THEREON 337.63 FEET SOUTHERLY FRCM THE CENTER OF SAID SECTION 25; THENCE NORTH 61''07«53" WEST A DISTANCE OF 6209.55 FEET TC A POINT ON THE NORTHERLY LINE OF SAID SECTION 26 DISTANT THEREON 124.16 FEET WESTERLY FROM THE QUARTER CORNER COMMON TO SECTIONS 23 AND 26 OF SAID TOWNSHIP AND RANGE* THE SIDELINES OF SAID RIGHT OF WAY SHALL BE LENGTHENED AND/OR SHORTENED SO AS TC TERMINATE SAID LINES IN THE BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY, SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, NOT TO PLACE GR MAINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT." SAID MATTER AFFECTS: PARCELS 1 AND 3 4. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS COUNTY OF SAN DIEGO DRAINAGE AND EMBANKMENT AUGUST 25, 1969, RECORDER'S FILE NO- 142233 ADJACENT PUBLIC HIGHWAY OVER THOSE PORTIONS OF THE 1020431 PAGE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST LYING WITH THE FOLLOWING DESCRIBED PARCEL OF LAND. COMMENCING AT A POINT CN THE SOUTHERLY PROLONGATION OF THE CENTER LINE HEREINBEFORE DESCRIBED IN PARCEL 68370-A IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED AUGUST 25, 1969 UNDER RECORDER'S FILE NO. 142233 OF OFFICIAL RECORDS, DISTANT THERECN SOUTH l°35*ll" WEST, 33.5^ FEET FROM THE POINT OF BEGINNING OF SAID CENTER LINE, BEING ENGINEER'S STATION 213 PLUS 00 CN SAID CENTER LINE; THENCE NORTHERLY ALONG SAID CENTER LINE THE FOLLOWING DISTANCES TO DESIGNATED POINTS: 100 FEET TO POINT "A"; 150 FEET TO POINT "B"; 250 FEET TO POINT "C"; 100 FEET TO POINT "D"; lOG FEET TO POINT "E"; 200 FEET TC POINT "F"; 50 FEET TO POINT "G"; 200 FEET TO POINT ••H"; 50 FEET TO POINT "I«; 100 FEET TO POINT "J"; 100 FEET TO POINT "K"; 100 FEET TO POINT "L"; 100 FEET TC POINT "M"; 100 FEET TO PCINT "N»; 100 FEET TO POINT "0"; 100 FEET TO POINT "P"; 100 FEET TO POINT "Q"; 200 FEET TO POINT "R"; 100 FEET TC POINT "S'S 200 FEET TO POINT "T"; 100 FEET TO POINT "U"; 100 FEET TG PCINT "V"; 50 FEET TO POINT "W"; 50 FEET TO POINT "W"; 50 FEET TO POINT "X"; 125 FEET TO POINT "Y" THENCE CONTINUING NORTHERLY ALONG SAID CENTER LINE 125 FEET TO ENGINEER'S STATION 243 PLUS 50 ON SAID CENTER LINE ANO THE TRUE POINT CF BEGINNING; THENCE LEAVING SAID CENTER LINE AT RIGHT ANGLES NORTHEASTERLY A DISTANCE OF 60 FEET; THENCE IN A GENERAL SOUTHERLY DIRECTION TO AND ALONG STRAIGHT LINES THAT CONNECT A SERIES OF POINTS BEARING EASTERLY FROM THE HEREINBEFORE DESIGNATED POINTS MEASURED AT RIGHT ANGLES OR RADIALLY FROM SAID CENTER LINE AND BEARING THE FOLLOWING DISTANCES, RESPECTIVELY, FROM SAID DESIGNATED POINTS. SAID MATTER AFFECTS: PARCELS I AND 3 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FCR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : EXTENSION OF DRAINAGE STRUCTURES AND EXCAVATION AND/OR EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ADJACENT HIGHWAY RECORDED : JULY 10, 1970, RECORDER'S FILE NO. 121184 AFFECTS : A PARCEL OF LAND LYING WITHIN THE FOLLOWING DESCRIBED LAND: COMMENCING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE CENTER LINE HEREINBEFORE DESCRIBED IN PARCEL 68370-A IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JULY 10, 1970 UNDER RECORDER'S FILE NG. 121184, DISTANT THEREON SOUTH 7«35'11" WEST 33.54 FEET FROM THE TRUE POINT CF BEGINNING OF SAID CENTER LINE, BEING ENGINEER'S STATION 213 PLUS OC GN THE CENTER LINE OF ROAD SURVEY NO. 1800-A, A PLAT ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE NORTHERLY ALONG SAID DESCRIBED CENTER LINE THE FOLLOWING DISTANCES TO DESIGNATED POINTS; 100 FEET TO POINT "A"; 150 FEET TO POINT "B"; 250 FEET TO POINT "C"; 100 FEET TO PCINT "D"; 100 FEET TO POINT "E"; 100 FEET TO POINT "F"; 100 FEET TO POINT "G"; 100 FEET 1020431 PAGE 4 TO POINT "H"; 100 FEET POINT "K"; 100 FEET TO "N"; 100 FEET TO POINT 250 FEET TO POINT "R"; FEET TO POINT "U"; 100 TO POINT "X"; TO ENGINEER'S TRUE POINT OF NORTHWESTERLY DIRECTION TO TO POINT "J"; 100 FEET TO POINT "M"; 100 FEET TO POINT "P"; 50 FEET TC POINT "Q"; 100 FEET TO POINT "T"; lOG FEET TO POINT "W"; 200 FEET TO PCINT "I"; 100 FEET PCINT "L"; 100 FEET TO "0"; 100 FEET TO PCINT 100 FEET TG POINT "5"; FEET TO POINI "V"; 100 THENCE CONTINUING NORTHERLY ALONG SAID CENTER LINE 150 FEET STATION 246 PLUS 50 ON SAID DESCRIBED CENTER LINE AND THE BEGINNING; THENCE LEAVING SAID CENTER LINE AT RIGHT ANGLES A DISTANCE OF 5 FEET; THENCE IN A GENERAL SOUTHERLY AND ALONG STRAIGHT LINES THAT CONNECT A SERIES CF POINTS BEARING EASTERLY FROM THE HEREINBEFORE DESIGNATED POINTS MEASURED AT RIGHT ANGLES OR RADIALLY FRCM SAID CENTER LINE AND BEING THE FQLLCWING DISTANCES, RESPECTIVELY, FROM SAID DESIGNATED POINTS' "W" "N" It JM npt* 56 FEET 55 FEET 45 FEET 50 FEET 50 FEET SOUTHERLY TO STATION 231 FROM PCINT FRCM PCINT FROM POINT FRCM POINT FRCM PCINT A POINT THAT BEARS PLUS 00 MEASURED AT "P" "M" "H" " E " "B" 55 50 50 50 60 FEET FEET FEET FEET FEET HQ" ; "K" ; "G"; "0"; "A"; 63 FEET EASTERLY FRCM FRCM FRCM FRCM FROM FRCM POINT POINT POINT POINT POINT 55 FEET FRCM POINT 55 FEET FRCM PCINT 45 FEET FROM POINT 45 FEET FROM POINT 47 FEET FROM POINT THENCE CONTINUING SAID ENGINEER'S RIGHT ANGLES FROM SAID CENTER LINE; THENCE WESTERLY AT RIGHT ANGLES THROUGH SAID ENGINEER'S STATION A DISTANCE OF 126 FEET; THENCE IN A GENERAL NQP'THERLY DIRECTION TO ANC ALONG STRAIGHT LINES THAT CONNECT A SERIES OF POINTS BEARING WESTERLY FROM THE HEREINBEFORE DESIGNATED POINTS MEASURED AT RIGHT ANGLES OR RADIALLY FROM SAID CENTER LINE AND BEING THE FOLLCWING DISTANCES, RESPECTIVELY, FRCM SAID DESIGNATED POINTS; 63 FEET FROM POINT *'J"; "N"; "QM; •.£.•; "W"; 75 65 45 50 75 FEET FEET FEET FEET FEET 45 FEET FRCM POINT »»I 65 FEET FROM POINT FRCM PCINT "K"; 65 FEET FRCM POINT "L"; 65 FEET FROM POINT FRCM POINT "0"; 50 FEET FRCM POINT "P"; 45 FEET FROM POINT FROM POINT "T"; 50 FEET FRCM POINT "S"; 45 FEET FRCM POINT FROM POINT "U"; 45 FEET FRCM POINT "V"; 45 FEET FROM POINT FROM POINT "X"; THENCE NORTHWESTERLY TC A POINT THAT BEARS SOUTHWESTERLY 64 FEET FRCM THE TRUE POINT OF BEGINNING MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE; THENCE NORTHEASTERLY TC THE TRUE POINT OF BEGINN ING. SAID MATTER AFFECTS: PARCEL 1 6- THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES ANC EXCAVATION AND EMBANKMENT SLOPES BEYCND THE LIMITS CF THE RIGHT OF WAY GRANTED THEREIN WHERE REGUIRED FOR CONSTRUCTION AND MAINTENANCE GRANTED TO : THE COUNTY OF SAN DIEGO RECORDED : JULY 10, 1970, RECORCER'S FILE NO. 121184 SAID MATTER AFFECTS: PARCEL 2 SAID INSTRUMENT, AMCNG CTHER THINGS, PROVIDES THE INTENTION IS TO CONSTRUCT AND MAINTAIN A PUBLIC HIGHWAY ON THE LANDS HEREBY CONVEYED IN FEE AND THE GRANTOR, FOR HIMSELF, 1020431 PAGE HIS SUCCESSORS AND ASSIGNS, HERE WAIVER ANY CLAIMS FCR ANY ANO ALL DAMAGES TO SAID LAND CONTIGUCUS TO THE PROPERTY HEREBY CONVEYED BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE CF SAID HIGHWAY- lA THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION ANO EMBANKMENT SLOPES BEYOND THE LIMITS CF THE RIGHT CF WAY GRANTED THEREIN WHERE REQUIRED FCR CONSTRUCTION AND MAINTENANCE GRANTED TO : THE COUNTY OF SAN OIEGO RECORDED : JULY 10, 1970, RECORDER'S FILE NO. 121184 SAID MATTER AFFECTS: PARCEL 3 8^ AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FCR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES COUNTY OF SAN DIEGO DRAINAGE JULY 10, 1970, RECORDER'S FILE NO. 121184 A STRIP OF LAND 25 FEET WIDE, 12 1/2 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: IN FAVOR OF FOR RECORDED AFFECTS BEGINNING AT A POINT ON THE CENTER LINE HEREINBEFORE DESCRIBED IN PARCEL 68370-A DISTANT NORTHWESTERLY ALCNG SAID CENTER LINE 12 1/2 FEET FROM POINT DESIGNATED «K" IN PARCEL 68370-C; THENCE SOUTHWESTERLY ALONG A LINE RADIAL TO SAID CENTER LINE A DISTANCE OF 90 FEET. SAID MATTER AFFECTS: PARCEL 3 9- A DEED CF TRUST TC SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN CATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED .FEBRUARY 9, 1972 $45,000-00 CAL-PACIFIC PROPERTIES, INC., A CALIFORNIA CORPORATION TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION ARNOLD B- STEINER, A MARRIED MAN OCTOBER 20, 1972, RECORDER'S FILE NO- 281605 SAID MATTER AFFECTS: PARCEL 2 THE BENEFICIAL INTEREST UNDER SAID DEED CF TRUST WAS ASSIGNED TO : ARNOLD B- STEINER, AS TRUSTEE UNDER TRUST AGREEMENT GATED MAY 24, 1976- BY ASSIGNMENT DATED : MAY 23, 1976 RECORDED : JUNE 3, 1976, RECORDER'S FILE NC- 76-170035 10- A DEED CF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED 1020431 . PAGE 6 HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED JANUARY 11, 1972 $48,000.00 CAL-PACIFIC PROPERTIES INC., A CALIFORNIA CORPORATION TITLE INSURANCE ANC TRUST COMPANY, A CALIFORNIA CORPCRATION ARNOLD B. STEINER FEBRUARY 8, 1972, RECORDER'S FILE NC- 30195 SAID MATTER AFFECTS: PARCEL 3 THE BENEFICIAL INTEREST UNDER SAID DEED CF TRUST WAS ASSIGNED TO : ARNOLD B. STEINER, AS TRUSTEE UNDER TRUST AGREEMENT CATED MAY 24, 1976. BY ASSIGNMENT DATED : MAY 28, 1976 RECORDED : JUNE 7, 1976, RECCRDER'S FILE NG. 76-173474 11. A DEED CF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN FEBRUARY 9, 1972 $45,000.00 CAL-PACIFIC PROPERTIES INC., A CALIFORNIA CORPORATION TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION ARNOLD 8. STEINER, A MARRIED MAN OCTOBER 20, 1972, RECCRDER'S FILE NC- 281603 DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED SAID MATTER AFFECTS: PARCEL 1 THE BENEFICIAL INTEREST UNDER SAID DEED CF TRUST WAS ASSIGNED TO : ARNOLD B- STEINER, AS TRUSTEE UNDER TRUST AGREEMENT CATED MAY 24, 1976 BY ASSIGNMENT DATED : MAY 28, 1976 RECORDED : JUNE 7, 1976, RECCRDER''S FILE NC. 76-173475 12. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED AUGUST 1, 1976 $56,000.00 CAL-PACIFIC PROPERTIES, INC., A CALIFORNIA CCRPORATICN TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION MARVIN MALMUTH AUGUST 13, 1976, RECORDER'S FILE NO- 76-261907 1020431 PAGE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE CF CALIFORNIA, COUNTY OF SAN DIEGC, AND IS DESCRIBED AS FOLLOWS: PARCEL l: ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, DISTANT SOUTH 0014'14" WEST 864-69 FEET FROM THE NORTHEAST CORNER THEREOF, BEING A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN 200 FOOT EASEMENT DESCRIBED IN DEED TO.SAN DIEGO GAS £ ELECTRIC COMPANY, RECORDED DECEMBER 9, 1953 AS RECORDER'S FILE NO- 165116 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 0«14'14" WEST 718.86 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO CAL-PACIFIC PROPERTIES, INC., RECORDED FEBRUARY 8, 1972, FILE NC. 30194 OF OFFICIAL RECORDS; THENCE ALCNG THE NORTHERLY LINE OF SAID LAND NORTH a9<'45'46" WEST 322.27 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF EL CAMINO REAL AS SHOWN ON SAN CIEGC COUNTY ROAD SURVEY NO. 1800-1 FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY AND AS DESCRIBED IN DEEDS TO THE COUNTY OF SAN OIEGO, RECORDED AUGUST 5, 1969 AS RECORDER'S FILE NO. 142233 ANO JULY 10, 1970 AS RECORDER'S FILE NO. 121134 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONC SAID RIGHT OF WAY LINE AS ESTABLISHED BY THE FIRST MENTIONED DEED TO THE COUNTY - I. E. RECCRDER'S FILE NC. 1^2233 - NORTH 7«'35'00" WEST - DEED -NORTH 7»35'11" WEST- 10.63 FEET TO THE BEGINNING OF A TANGENT 1845-00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13«52'34" A DISTANCE OF 446-83 FEET TO THE POINT OF INTERSECTION WITH A NON-TANGENT 1863.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID 1845.00 FOOT RADIUS CURVE, BEARS NORTH 6a<'32'26" EAST AND A RADIAL LINE TO SAID 1863-00 FOOT RADIUS CURVE BEARS NORTH 66<»27'11" EAST, SAID POINT OF INTERSECTION BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN QUIT-CLAIM DEED BY THE COUNTY OF SAN DIEGO RECORDED JULY 15, 1970 AS RECORDER'S FILE NO. 123913; THENCE NORTHWESTERLY ALCNG SAID SOUTHWESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF l»51'56" A DISTANCE OF 60.66 FEET TC A POINT IN THE ARC CF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 64*35'15" EAST, THENCE LEAVING SAID CURVE ALCNG THE NORTHEASTERLY PROLONGATION CF SAID RADIAL LINE NORTH 64«»35'15" EAST 513.21 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE CF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: 1020431 PAGE 8 BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, DISTANT SOUTH 0014'14«' WEST, 864-69 FEET FROM THE NORTHEAST CORNER THEREOF, BEING A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN 200 FOOT EASEMENT DESCRIBED IN DEED TO SAN DIEGO GAS S ELECTRIC COMPANY, RECORDED DECEMBER 9, 1953 AS RECORDER'S FILE NC- 165116 OF OFFICIAL RECORDS CF SAID COUNTY; THENCE LEAVING SAID EASTERLY LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, SOUTH 64<»35'15" WEST, 513.21 FEET TO A POINT IN THE ARC OF AN 1863.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY A RACIAL LINE TO SAID POINT BEARS NORTH 64*'35'15« EAST SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN QUIT-CLAIM DEED BY THE COUNTY OF SAN OIEGO, RECORDED JULY 15, 1970 AS RECORDER'S FILE NO. 123913 OF OFFICIAL RECORDS, SAID SOUTHWESTERLY LINE BEING DRAWN CCNCENTRIC WITH AND DISTANT 63.00 FEET NORTHEASTERLY MEASURED RADIALLY FROM THE CENTER LINE OF EL CAMINC REAL AS SHOWN QN SAN DIEGO COUNTY ROAD SURVEY NO- 1800-1 AND AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JULY 10, 1970 AS RECCRDER'S FILE NO. 121184; THENCE NORTHWESTERLY ALONG SAID 1363.CO FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 7'>36'23" A DISTANCE OF 247.33 FEET; THENCE TANGENT TO SAID CURVE NORTH 33O01'08" WEST -DEED -NORTH 33«00'41" WEST- 626-59 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED SOUTHWESTERLY LINE OF THE 200 FOOT SAN OIEGO GAS 6 ELECTRIC COMPANY EASEMENT; THENCE ALONG SAID SOUTHWESTERLY LINE SCUTH 60«37'59" EAST 1062.10 FEET TO THE POINT OF BEGINNING- PARCEL 3: ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,-STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF BEING ALSO THE EAST-WEST CENTER LINE CF SAID SECTION 26, NORTH 89'»15'32" WEST, 162.59 FEET TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 68370-B IN DEEDS TO THE COUNTY OF SAN DIEGO RECORDED AUGUST 5, 1969 AS RECORDER'S FILE NO. 14233 AND JULY 10, 1970 AS RECORDER'S FILE NO. 121184, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE OF SAN DIEGO COUNTY PROPERTY NORTH 1Q«40'13" WEST, 275.62 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE CF COUNTY PROPERTY, SAID POINT BEING IN THE EASTERLY LINE OF THAT CERTAIN 90.00 FOOT WIDE STRIP OF LAND DESCRIBED AS PARCEL 68370-A IN THE AFOREMENTIONED DEEDS TO THE COUNTY OF SAN DIEGO; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 7«35'Q0'' WEST -DEED EQUALS NORTH 7<»35'll" WEST-, 790,28 FEET; THENCE LEAVING SAID EASTERLY LINE SCUTH 89°45'46'' EAST, 322.27 FEET TO AN INTERSECTION WITH THE EASTERLY LINE CF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26; THENCE ALONG SAID EASTERLY LINE SCUTH 0'»14'14« WEST, 1055-00 FEET TC THE POINT OF BEGINNING- 1020431 PAGE