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Home My WebLink AboutCT 94-09; Carlsbad Ranch - Lego; Tentative Map (CT) (3)CRRlTflScompflnv June 29, 1998 Mr. Don Neu Planning Department City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 SUBJECT: Dear Don: Carlsbad Ranch - Lots 17 Agricultural Conversion Mitigation Fee Pursuant to your instructions to make payment of future ag fees directly to the City in lieu of the California Coastal Conservancy, enclosed please find a check in the amount of $268,750.00 as payment of the subject fee for Lot 17 (Resort) Carlsbad Ranch. This amount constitutes a fee paid at the rate of $5,000.00 per acre for 53.75 acres. Please do not hesitate to call should you have any questions on this matter. sincerely David C. Meyer \\FS2\W (760)431-56 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (760)431-9020 carltas@worldnet.att.net 8100 La Mesa Blvd., Suite 290 La Mesa, CA 91941-6476 e-mail: helix@4dcomm.com fax (619) 462-0552 phone (619) 462-1515 August 14, 1997 Mr. Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Subject: Coastal California gnatcatcher monitoring summary for July 2 through July 29, 1997 for Legoland Dear Mr. Neu: No nesting behavior was observed during the monitoring period for the gnatcatcher pair immediately off site and east of Hidden Valley Road, and we are certain that the 1997 breeding season has ended for this pair. A brief summary of coastal California gnatcatcher monitoring results for the period July 2 through July 29, 1997 is provided below. Date July 2, 1997 July 9, 1997 July 15, 1997 July 22, 1997 July 29, 1997 Observations Pair observed foraging with a mature juvenile (possibly one chased away in May) Pair observed foraging Pair observed foraging Pair observed foraging Pair observed foraging Per the agreement with the City of Carlsbad, grading was allowed during the breeding season (February 15 through August 15) with the proviso that the grading was subject to being halted if biological monitoring determined that gnatcatcher nesting was being impacted by noise levels. Although grading did occur adjacent to occupied habitat prior to August 15, the last nest that was constructed in late May and abandoned on June 17 was far away from grading, and Letter to Mr. Don Neu Page 2 construction activities were not visible from the nest site. We are certain that construction noise did not cause the nest to be abandoned. According to the Mitigation Monitoring Program Checklist for the Carlsbad Ranch Specific Plan Amendment, grading can occur in areas adjacent to occupied gnatcatcher habitat prior to August 15 if the gnatcatcher pair has successfully fledged young and the fledglings are out of the nest for at least three weeks. It has now been approximately three months since the pair has successfully fledged young and almost six weeks since its last nest was abandoned. This pair has completed its breeding cycle for this season, and further biological monitoring is not necessary. This letter completes our monitoring activitites on this project. Please feel free to call me if you have any questions. Sincerely, Tom Huffman Senior Project Manager cc: Richard Apel Craig Schlumbohm August 13, 1997 TO: CITY MANAGER FROM: VIA: CITY ENGINEE COMMUNITY DEVELOPMENT DIRECTO CT 94-09-2 CARLSBAD RANCH/HIDDEN VALLEY ROAD GNATCATCHER HABITAT IMPACTS TO COASTAL SAGE SCRUB 5% ALLOCATION INITIATION OF SECTION 4(D) PROCESS The construction of Hidden Valley Road required remedial grading for an undocumented fill in Hidden Valley Road. This remedial grading required extending beyond the original limits of grading addressed in the EIR for Carlsbad Ranch. The remedial grading impacts 0.27 acres of disturbed Coastal Sage Scrub. Mitigation for these impacts will be provided by the purchase of mitigation credits from the.Carlsbad Highlands Conservation Bank. Authorization for the purchase was approved by City Council at its public hearing on February 11, 1997 as resolution no. 97-59. 20 acres was authorized for purchase for the Cannon Road West project. The 4(d) process through the regulatory agencies required 14.73 acres for Cannon Road West. This leaves 5.27 acres available. Carlsbad Ranch impacts require a mitigation ratio of 2:1 for an acreage of 0.54. It is recommended that the City Manager approve the deduction of 0.27 acres from the City's 5% allocation for Carlsbad Ranch/Hidden Valley Road. Attachment: 1. Itemization of Impacts to Coastal Sage Scrub 5% Allocation c. Community Development Director Senior Management Analyst - Don Rideout Traffic Engineer Principal Civil Engineer - Walter Brown Principal Civil Engineer - Bob Wojcik Associate Engineer - Clyde Wickham Municipal Projects Manager - John Cahill Senior Planner - Don Neu Approved: Raymond City Mara Date er Itemization of Impacts to Coastal Sage Scrub 5% Allocation Description of Project Starting Balance City and Other Public Agency Projects: San Dieguito Union High School District for South Carlsbad High School site. Section 7 permit issued, 1993 CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary lanes. Section 7 permit issued, 1995 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995 Poinsettia Park - 4(d) permit issued, 1995 Cannon Road Reach 1- 4(d) permit issued 1995 Hidden Valley Road - Section 7 permit issued 1995 Maerkle Reservoir - additional impacts 1997 Private Development Projects: Aviara Phase II drainage structure - 1994 Aviara Phase III grading - 4(d) permit issued September 1995 Parkview West - 4(d) permit issued May 1 996 Carlsbad Ranch - 4(d) issued May 1996 Rancho Verde - Section 7 permit issued 1995 Mar Vista/Emerald Ridge West and East - 4(d) permit issued administratively November 1995 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995 Arroyo La Costa - Section 7 permit issued 1993 Cobblestone Sea Village - Pending Holly Springs agricultural impacts 1997 Meadowlands - 4(d) Pending Carlsbad Ranch - Hidden Valley Road Total acres authorized to be taken Remaining acres Acres 165.70 1.46 2.10 4.30 0.04 2.40 6.32 0.53 0.40 8.68 1.10 1.10 6.80 0.96 42.20 11.00 14.60 0.50 1.30 0.27 105.79 59.91 Note: Italics indicates that grading permit has not been issued February 27, 1997 TO:CITY ATTORNEY FROM: Senior Planner CARLSBAD RANCH RESORT LOT AVIGATION EASEMENT Please sign the attached avigation easement form for Lot 17 of the Carlsbad Ranch. Jane Mobaldi has previously reviewed and approved a minor revision to the form proposed by Ellen Spellman the attorney for LEGO. Once you have signed the form please return it to me so I can obtain the necessary signature from the County of San Diego staff person. The form will be recorded after the Final Map so the map number can be included on the avigation easement. Should you have any questions, please contact me at extension 4446. DON NEU 7 environmental planning, inc. §700 Z« Mesa Blvd., Suite 290 La Mesa, CA 91941-6476 e-mail: helix@4dcomm.com fax (619) 462-0552 phone (619) 462-1515 July 9, 1997 " ' LEG-01 Mr. Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Subject: Monitoring Summary from Mid May through June 1997 for Legoland Construction Dear Mr. Neu: This letter provides a summary of biological and noise monitoring from mid May through June 1997 for the Legoland project. BIOLOGICAL MONITORING A brief summary of coastal California gnatcatcher monitoring results for the period May 13 through June 26, 1997 is provided below. Date May 13, 1997 May 16, 1997 May 28, 1997 May 30, 1997 June 6, 1997 June 11, 1997 June 17, 1997 June 26, 1997 Observations Male and female observed foraging with juvenile then chasing it off. Male and female observed foraging but only briefly. Pair observed beginning to build a new nest. Pair still building nest. Pair sitting on nest. Pair sitting on nest. Nest abandoned. Pair not observed. Pair observed foraging together. No nesting behavior observed. The nest that was constructed during this monitoring period was far from construction, and construction activities were not visible from the nest site. We are certain that construction noise did not cause the nest to be abandoned. ,eror environmental planning, inc. Letter to Mr. Don Neu ^^ Page 2 NOISE MONITORING Noise measurements were taken on May 14, 19, and 22, 1997 at the edge of the gnatcatcher habitat area located immediately adjacent to the Legoland project site. Additional measurements were taken on May 29, 1997 near the gnatcatcher nest. A summary of the noise monitoring results is provided below for each date. May 14,1997. The measured average noise level was 63 dB from 11:00 a.m. to noon. However, planes from Palomar Airport contributed to the measured noise level. Without plane fly-over noise, the one-hour average noise level associated with the construction activities was 61 dB. The construction equipment consisted of one Caterpillar track dozer and one water truck. The equipment was operating in an area approximately 100 to 800 feet from the sound level meter. May 19,1997. The measured average noise level was 71 dB from 7:35 a.m. to 8:35 a.m. The construction equipment operating consisted of six graders, two wheel loaders, one track dozer, one water truck, and one blade scraper. The graders were operating in a circular path with the closest point approximately 200 feet from the sound level meter. Plane fly-overs from Palomar Airport did not substantially contribute to the measured noise level. May 22,1997. The measured average noise level was 76 dB from 8:00 a.m. to 9:00 a.m. The construction equipment operating consisted of six graders, one wheel loader, one track dozer, two water trucks, one blade scraper, one dump truck, and one backhoe. The graders were operating in a circular path with the closest point approximately 100 feet from the sound level meter. Plane fly- overs from Palomar Airport did not substantially contribute to the measured noise level. May 29, 1997. During construction activities the sound level meter was positioned near the gnatcatcher nest located approximately 800 feet east of the Legoland project site. The nest site was located on the lower portion of a hill, and there was a hill between the nest site and the construction area. Letter to Mr. Don Neu Page 3 The measured average noise level was 49 dB from 8:35 a.m. to 9:35 a.m. However, several planes from Palomar Airport and traffic noise from Palomar Airport Road contributed to the measured noise level. The construction noise was typically between 40 dB and 45 dB. The construction equipment that was operating consisted of six graders, one water truck, one blade scraper, and one track dozer. SUMMARY Coastal California gnatcatcher monitoring was conducted on eight occasions from May 13 through June 26, 1997. The gnatcatcher pair of east of the Legoland project site constructed a nest and abandoned it during this monitoring period. The abandonment was not due to construction activities. Noise monitoring was conducted on three occasions at the edge of the gnatcatcher habitat immediately east of the Legoland project site. The measured average noise level from construction activities at this location ranged from 61 dB to 76 dB. Noise monitoring was conducted on one occasion near the gnatcatcher nest. The measured average noise level from construction activities ranged from 40 dB to 45 dB. The EIR requirement that construction activities not exceed 65 dB at the location of nesting gnatcatchers was met. Please feel free to call me if you have any questions. Sincerely, Tom Huffman Senior Project Manager cc: Richard Apel Craig Schlumbohm 8100 La Mesa Blvd., Suite 290 La Mesa, CA 91941-6476 e-mail helix@4dcomm.com fax (619) 462-0552 phone (619) 462-1515 May 15, 1997 Mr. Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Subject: Monitoring for Legoland Construction Activities Dear Mr. Neu: This letter is to confirm the type of biological and noise monitoring that will occur as part of the construction activities for the Legoland Project. As discussed at the meeting with you on May 2, 1997, HELIX Environmental Planning will be monitoring noise and gnatcatcher activity for the habitat areas located immediately east of the project site. Specifically, HELIX will be implementing Option # 2 outlined in our May 1, 1997 letter to you. MONITORING PROGRAM Under the agreed to monitoring plan, HELIX is providing close monitoring of grading activities consisting of noise and biological monitoring twice per week for the first two weeks, and once per week after that. The monitoring schedule may be modified if necessary depending on the results of the monitoring. The purpose of the monitoring is to determine the presence of any nesting gnatcatcher pairs, establish the noise levels at the edge of the habitat area during construction activities, establish the ambient noise levels for the area from offsite noise sources, and observe any change in behavior of gnatcatchers utilizing this area. If the monitoring observations indicate that significant impacts to gnatcatchers would occur, then grading will be stopped and/or located to another area of the project site. Letter to Mr. Don Neu May 15,1997 BIOLOGICAL MONITORING Page 2 A brief summary of monitoring activities conducted through May 12, 1997 is provided below: Date 4/23/97 5/1/97 5/7/97 5/12/97 Observations Male and female seen on first hill near Hidden Valley Road Female seen and male heard on second hill No birds seen or heard One bird heard from second hill. One bird seen on first hill Male and female seen together on first hill east of Hidden Valley Road A nest has not been located, although our biologist feels it is highly possible that there is one in the area. NOISE MONITORING Noise measurements were taken on the morning of May 7, 1997. During the construction noise test, the sound level meter was positioned at the edge of the gnatcatcher habitat area located east of Hidden Valley Road. The construction equipment used during the noise test consisted of a caterpillar Model 824c wheel loader and a water truck. The noise measurement was made while the loader graded the eastern edge of the development site approximately 100 feet from the sound level meter. The measured average noise level was 74 dB. The maximum noise level was 80 dB. The noise test was stopped after seven minutes so that the one-hour average noise level would not exceed 65 dB. However, if the test were to have continued for the full hour, the one-hour average sound level would have been 74 dB. Letter to Mr. Don Neu May 15,1997 Page 3 Also, ambient noise measurements were conducted between 7:30 am to 10:00 am prior to the construction equipment noise test. Noise measurements were made of each plane departure from Palomar Airport. The measured hourly average noise level associated with the aircraft flights was approximately 60 dB. The maximum noise level was 80 dB. However, the hourly average noise level during other time periods of the day is most likely higher than the measured hourly average noise level because louder planes such as commercial planes and corporate jets were not well represented during the ambient noise measurements. The average noise level associated with Palomar Airport Road is less than 50 dB at the edge of the habitat area closest to the development site. In summary, there have been four days of biological monitoring completed as of May 12,1997. A pair of gnatcatchers has been observed on a hill just east of the site, although a nest has not been located. Initial noise monitoring has begun and will be continued. HELIX is working closely with William Boyd Internacional to coordinate monitoring with construction activities. Please call if you have any questions. Sincerely, Tom Huffman Senior Project Manager cc: Richard Apel Craig Schlumbohm environmental planning inc. 8100 La Mesa Blvd., Suite 290 La Mesa, CA 91941-6476 e-mail: helix@4dcomm.com fax (619) 462-0552 phone (619) 462-1515 May 1,1997 Mr. Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Subject: Biological Monitoring for Legoland Construction Activities Dear Mr. Neu: As you are aware, HELIX Environmental Planning, Inc. (HELIX) is providing biological monitoring of construction activities related to grading for the Legoland Project in Carlsbad. This letter is to provide an update on monitoring activities to date and to provide recommendations for future actions that will allow the project to proceed in accordance with the adopted mitigation monitoring program. BACKGROUND The EIR for the Carlsbad Ranch project noted that development in the eastern sector of the site would occur adjacent to habitat that at the time of the EIR preparation was occupied by a pair of coastal California gnatcatchers. It was noted in the EIR that grading activities on Legoland could have an indirect impact on the pair of birds. However, the EIR concluded that the impact on the offsite nesting pair was not significant because it was thought at that time that the proposed future golf course project on the adjacent property would result in elimination of the habitat. Since the golf course project is progressing slower that originally anticipated, there is a potential impact on the birds, and HELIX is conducting biological monitoring of the site to determine is a nesting pair is present that could be potentially impacted by construction activities. The EIR requires that during the breeding season (February 15 through August 15), noise levels during grading shall not exceed 65 decibels, averaged over a one-hour period on an A-weighted decibel (dBA), measured at the edge of Diegan coastal sage scrub habitat that is occupied by the coastal California gnatcatcher. FIELD MONITORING During our field monitoring, HELIX biologists located a male and female gnatcatcher occupying patchy coastal sage scrub habitat located approximately 200 feet east of the proposed edge of grading. These gnatcatchers have been observed in three locations as noted on the exhibit provided under separate cover. The exhibit also provides the location of coastal sage scrub in which the birds were observed, and a rough boundary of their territory in the vicinity of the project. Letter ^TOon Neu ^^ Page 2 May 1,1997 ISSUE Grading for the project is scheduled to begin on May 5, 1997 for the entire site, including areas located less than 200 feet from the habitat observed to contain the gnatcatchers. Helix Acoustician Mike Komula has preliminarily identified a distance of 450 - 500 feet from the edge of grading activities that would be expected to exceed the 65 dBA noise level. This assumption is based on the use of 2 D-9 bulldozers and one 637 scraper per minute. We have worked to identify a solution to this problem that would allow grading for the project to proceed but still provide protection or mitigation for the pair of gnatcatchers. Based on our observations in the field and discussions with the project proponent, we are proposing the following recommendations: RECOMMENDATIONS 1. Temporarily restrict grading activities in the noise sensitive area Under this course of action, grading would be restricted to an area located outside of the noise sensitive area (500 feet surrounding the occupied habitat) in the immediate future to allow grading on the remainder of the site to occur as scheduled (See exhibit under separate cover). This would provide the time needed to either determine that grading can occur in this area without any impacts on nesting pairs, or to implement one of the mitigation options noted below. It is noted that an actual nest for the gnatcatchers has not yet been located, although it is likely that one will be found based on the behavior of the birds observed to date. Field monitoring will continue during this temporary grading restriction period in order to better determine the extent of nesting activities. If gnatcatcher breeding activities occur, implementation of one of the following mitigation options would be required to allow grading in the grading sensitive area prior to end of the breeding season. 2. Proceed with grading of the entire site, but closely monitor nesting activities and gnatcatcher behavior and halt grading activities until three weeks after the fledgling pair has vacated the nest if necessary to avoid impacts. Under this option, grading of the entire site could occur as planned, however, this would likely result in subjecting any nesting gnatcatcher pairs to noise levels in excess of 65 dBA. Because of the existing airport and roadway noise (from Palomar Airport Road), it may be possible to allow construction activities in proximity to the nesting gnatcatchers and not have an impact on them. Noise monitoring can be also be added to the monitoring efforts to determine the actual noise levels. However, this option could result in interruptions to grading activities on short notice if necessary to avoid disturbance of the nesting birds. Letter tWDon Neu May 1,1997 PageS 3.Assume a temporary take of gnatcatchers and provide up front mitigation Under this option, mitigation would be agreed to up front that would compensate for any impacts that may occur to the nesting gnatcatchers. Because the impact is short term (only during the breeding season) and the habitat in question is not planned for long term preservation, a mitigation ratio of 0.25:1 would be appropriate. This option has been implemented on other similar projects as an acceptable mitigation measure for the "temporary take" of gnatcatchers. It is estimated that the amount of occupied habitat potentially impacted by noise is approximately 1.5-2 acres (see exhibit). The amount of required mitigation acreage would be less than 0.5 acres. This option would mitigate impacts to the nesting pair and would allow grading to occur without the need for any follow up monitoring. We look forward to our meeting with you to discuss these options. Sincerely, Tom Huffman Senior Project Manager cc: Rich Apel, Legoland Carlsbad Barry Jones f^"homas<A. Demere San Diego Natural History Museum Dept. Paleontological Services PY SAN DIEGO NATURAL HISTORY MUSEUM BALBOA PARK - SAN DIEGO SOCIETY OF NATURAL HISTORY - ESTABLISHED 1874 29 April 1997 Mr. Bret Berry Carltas Development Company 5600 Avenida Encinas i Suite 100 Carlsbad, CA 92008 , RE: Paleontological Resource Mitigation: Carlsbad Ranch Unit 2 grading (Lots 9-15) and Unit 3 grading (Hidden Valley Road) Dear Bret: This letter is to confirm that the San Diego Natural History Museum, Department of Paleontological Services is under contract to carry out paleontological resource mitigation work during grading of Carlsbad Ranch Unit 2 (Lots 9-15) and Unit 3 (Hidden Valley Road).. According to EIR documents the project site is underlain by sandstones, siltstones, and claystones of the Santiago Formation, and sandstones mapped as Quaternary terrace deposits. The Santiago Formation is known to contain very significant fossil remains of terrestrial organisms including reptiles, birds, and mammals. This rock unit was deposited approximately 42-45 million years ago during the Eocene Epoch. The Quaternary terrace deposits are known to contain sparse fossil remains of nearshore marine invertebrates including clams, snails, and sand dollars. This rock unit was deposited approximately 120-300 thousand years ago during the Pleistocene Epoch. Our proposed mitigation program is aimed at recognizing and recovering fossil remains from the project site. This recovery will be conducted as a construction mitigation program. To accomplish this we will employ the following procedures: [1] attend any pre-construction meetings; [2] monitor the grading operations and inspect cuts for unearthed fossil remains; [3] salvage remains as they are uncovered; [4] document the stratigraphic and geologic context of salvaged fossil remains; [5] remove fossils from the project site; [6] clean, repair, and sort salvaged fossils for eventual donation to the San Diego Natural History Museum; [7] prepare a final report summarizing the results of the mitigation program. This report will include a discussion of methods employed, fossils recovered, geologic context of fossil remains, and significance of mitigation program. ,Thomas^, uemere san uiego Natural History museum uepi. raieomoiogicai aervicas Staff of the Department of Paleontological Services have conducted paleontological resource mitigation work in San Diego County since 1981. Over this period we have maintained a perfect safety record, while also recovering thousands of unique and important fossil remains. If you have any questions concerning this matter, please feel free to contact me at (619)232-3821, ext. 232. Sincerely, Thomas A. Demere, Ph.D. Curator, Department of Paleontology Director. Department of Paleontological Services 04/29/1997 16=35 *SflN DIEGO 619 268519 P.02 LEIGHTON AND ASSOCIA TES, INC. Gwicchnlcol and Environmental Enginttrlng ConmltaiiH April 29, 1997 To: Attention: Subject: Lego Park Planning, Inc. 5600 Avenida Enemas, Suite 130 Carlsbad, California 92008 Mr. Richard Ape! APR 30 ENGINEER/NG DEPARTMENT Project No' P97 ] 04"° ] 9 Proposed Geotcchnical Observation and Testing, Lego land Park Grading, Carlsbad Ranch, Carlsbad, California In accordance with your request, Lcighton and Associates, Inc. (Leigliton) has prepared this letter to state that we have been retained by both Lego Park Planning and the Carllas Company to provide geotechnical observation and testing services during site grading. We will also be providing environmental monitoring during site grading. As your are aware, Leighton has performed both a geotechnical and Phase I and II environmental site assessment for this project. During the site grading, our geotechnical personnel will be onsite on a full- time basis to provide observation and testing services. At the completion of site grading, a final as-graded report will be prepared and submitted to Lego Park Planning, Carltas Development and the City of Carlsbad Engineering Department. If you have any questions regarding our letter, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Michhel R. Stewart, Cl Director of Geology 1349(Exp. 12/31/97) MRS/kar Distribution: (2) Addressee (2) Carllas Corporation, Attention: Mr. Bret Berry (1) William Boyd International, Attention: Mr. William Boyd 393-1 MURPHY CANYON ROAD. !>UITF B205. SAN DIEGO, CA 97 123 (619) 292-0030 • (800) 117-2626 FAX (619) 292-0771 TOTflL P.02 5671 Palmer Way, Suite A Carlsbad, California 92008 (619)929-0055 G ALLEGOS & Associates 97-300-076 April 29,1997 Mr. Bret Berry Carlsbad Ranch Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 Re: Carlsbad Ranch - Monitoring Dear Bret: As per our previous discussion, Gallegos & Associates will provide monitoring services for the proposed Unit 2 R&D lots and Hidden Valley Road gradings. Gallegos & Associates will provide one archaeological monitor under the direction of Dennis Gallegos. To ensure that we have sufficient time to provide a monitor please notify Gallegos & Associates 72 hours prior to initiating stockpiling. As per our previous work, billing will be on a time and materials basis. Please call me should you have questions or comments. Best/egards, ^^^ Dennis Gallegos President DG/kep environmental planning, inc 8100 La Mesa Blvd., Suite 290 La Mesa, CA 91941-6476 e-mail helix@4dcomm.com fax (619) 462-0552 phone (619) 462-1515 3 01997 April 28, 1997 Mr. Richard Apel Legoland Carlsbad 5600 Avenida Encinas, Suite 130 Carlsbad, California 92008 Dear Mr. Apel: I'm writing to confirm that HELIX Environmental Planning, Inc. (HELIX) has been retained by your company to conduct biological monitoring at Carlsbad Ranch in support of the Legoland construction activities. Per our letter agreement dated April 17, 1997, our work will be comprised of weekly monitoring at the site of construction noise and the coastal California gnatcatcher during the species' breeding season. Reports of our activities will be prepared and filed with you and the City. These activities are being conducted in accordance with the project's approved Mitigation Monitoring Program (November, 1996). Please call me if you have any questions. Since, , AICP President LEIGHTON AND ASSOCIATES, INC.APR 2 91997 Geotechnical and Environmental Engineering Consultants RECEIVED APR 3 0 1S97 ENGINEERING DEPARTMENT April 28, 1997 Project No. P97104-019 To: Lego Park Planning, Inc. 5600 Avenida Encinas, Suite 130 Carlsbad, California 92008 Attention: Mr. Richard Apel Subject: Proposed Environmental Conditions Monitoring and Mitigation Plan, Legoland Park Grading, Carlsbad Ranch, Carlsbad, California In accordance with your request, Leighton and Associates, Inc. (Leighton) has prepared this Environmental Conditions Monitoring and Mitigation Plan for you review. Our intent is to implement this plan prior to and during the rough grading of the Legoland portion of Carlsbad Ranch (CT94-09). The purpose of this program is to mitigate environmental conditions that may be encountered during grading to below a level of significance. As you are aware, Leighton has performed both a geotechnical and Phase I and II environmental site assessments for this project. In addition, our geotechnical personnel will be onsite full-time during the site grading. Our proposed monitoring program will consist of the following: • Review of the previous environmental and geotechnical reports for the project by the environmental technician who will conduct a pregrading job walk to visually evaluate the site conditions and any changed conditions since the completion of the Phase I and II site assessment reports in 1989. • During site grading, weekly onsite visits by our environmental technician to observe and evaluate possible environmental site conditions. Observations would be made for areas of possible environmental conditions such as: presence of underground facilities, buried debris, stained and odorous soils, waste drums, and tanks. Should such materials be encountered, Lego Park Planning will be notified immediately and further investigation and analysis may be required. • Review (prior to site grading) the anticipated conditions with the geotechnical personnel that will be onsite full-time so that they will notify the project manager and environmental technician if environmental site conditions occur. 3934 MURPHY CANYON ROAD, SUITE B205, SAN DIEGO, CA 92123 (619) 292-8030 • (800) 447-2626 FAX (619) 292-0771 P97104-019 • In the event that soil with petroleum hydrocarbon contamination is encountered, the soil will be assessed as per the County of San Diego Department of Environmental Health (DEH) requirements at specified in their 1997 SAM manual. If mitigation of the impacted soil is required, the following mitigation alternatives may be considered: Placement of the impacted soil beneath a proposed road/parking area as a base material; Recycling of the impacted soil at an approved offsite treatment facility; Bioremediation of the affected soil onsite; Upon selection of the appropriate mitigation alternative, written approval from the DEH and the San Diego Regional Water Quality Control Board and the City Engineering Department shall be required prior to implementation of the mitigation plan. • At the completion of site grading a Leighton environmental technician will collect up to 10 randomly selected surface soil samples. Each sample will be chemically tested for pesticides (EPA Test Method 8080) to verify that any residual pesticides levels are below the U.S. EPA Region 9 Preliminary Remediation Goals. • At the completion of site grading, a final report will be prepared and submitted documenting our weekly observations and results of the laboratory testing program to Lego Park Planning and the City of Carlsbad Engineering Department. Qualification Leighton is uniquely qualified to perform these services. In addition to performing both the geotechnical and environmental services on this project, we maintain a fully staffed environmental staff, all 40-hour OSHA trained. They will work under the direction of Mr. Thomas Mills, Principal-Environmental Services. If you have any questions regarding this monitoring and mitigation plan, please contact this office. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Michael R. Steward-CEO Thomas E. Mills, RG Director of Geology Principal, Environmental Services Distribution: (2) Addressee (1) William Boyd Internacional, Attention: Mr. William Boyd LEIGHTON AND ASSOCIATES, IHC. 04/24/97 17:18 Q619 232_0248 SD NAT HIST MISE _ „ . il001/002 r San Diego Natural History Museum Balboa Park - San Diego Society ot'NnturRl History • Established 1374 24 April 1997 Mr. Richard Apel ^/ «Legoland Carlsbad, Inc. $ty U 5600 Avenida Encinas ^Jtf^feo Suite 130 ^^C Carlsbad, CA 92008 ^ RE: Paleontological Resource Mitigation: Legoland Carlsbad Dear Mr. Apel: This letter is to confirm that the San Diego Natural History Museum, Department of Paleontological Services is under contract to carry out paleontological resource mitigation work during grading of Legoland Carlsbad. According to EIR documents the project site is underlain by sandstones, siltstones, and clay stones of the Santiago Formation, and sandstones mapped as Quaternary terrace deposits. The Santiago Formation is known to contain very significant fossil remains of terrestrial organisms including reptiles, birds, and mammals. This rock unit was deposited approximately 42-45 million years ago during the Eocene Epoch. The Quaternary terrace deposits are known to contain sparse fossil remains of nearshore marine invertebrates including clams, snails, and sand dollars. This rock unit was deposited approximately 120-300 thousand years ago during the Pleistocene Epoch. Our proposed mitigation program is aimed at recognizing and recovering fossil remains from the project site. This recovery will be conducted as a construction mitigation program. To accomplish this we will employ the following procedures: [1] attend any pre-construction meetings; [2] monitor the grading operations and inspect cuts for unearthed fossil remains; [3] salvage remains as they are uncovered; [4] screenwash selected sites (if discovered) for recovery of small fossil remains (e.g., rodent remains); [5] document the stratigraphic and geologic context of salvaged fossil remains; [6] remove fossils from the project site; [7] clean, repair, and sort salvaged fossils for eventual donation to the San Diego Natural History Museum; Post Office Box 1390 - San Diego, California 92112 • Telephone: 619-232-3821 - Fax:619-232-0248 Printed on recycled paper 04/24/97 17:18 O619 232 0248 SD NAT HIST MUSE ^ ®002/002 [8] prepare a final report summarizing the results of the mitigation program. This report will include a discussion of methods employed, fossils recovered, geologic context of fossil remains, and significance of mitigation program. Staff of the Department of Paleontological Services have conducted paleontological resource mitigation work in San Diego County since 1981. Over this period we have maintained a perfect safety record, while also recovering thousands of unique and important fossil remains. If you have any questions concerning this matter, please feel free to contact me at (6l9)232-3S21,ext.232. Sincerely, Thomas A. Demere", Ph.D. Curator, Department of Paleontology Director, Department of Paleontological Services cc: Craig Schlumbohm fipr.2'3 '97 17:18 GRU^OS & RSSOC TEL 6199290HJ6 P. 2 5671 Palmer Way, Suite A Carlsbad, California 92008 (619)929-0055 G ALLEGOS & Associates 97-300-070 April 23,1997 Mr. Richard Apel Legoland Carlsbad, Inc Carlsbad, California 920089 Re: Carlsbad Ranch - Cultural Resource Monitoring for Legoland Mass Grading Dear Mr. Apel: Gallegos & Associates will provide a pregrade of prehistoric site CA-SDI-12814 and will provide cultural resource monitoring services for the mass grading proposed for Lot 4. The data recovery program for CA-SDI-12814 has been completed and the pregrade will be conducted to identify buried resources prior to the mass grading. The pregrade will include one backhoe and three archaeologists to document and record features encountered prior to the mass grading. The pregrade will be conducted on April 28, 1997. For the mass grading proposed to begin on May 5, 1997, the archaeological monitor will be under the direction of Dennis Gallegos. Should a buried cultural deposit (i.e. hearths, burials) be encountered, then the monitor will have the authority to divert equipment to allow an assessment of the archaeological deposit. Please call me should you have questions or comments. President DG/mkg it,LEIGHT01TAND ASSOCIATES, INC. Geotechnical and Environmental Engineering Consultants April 22, 1997 Project No. P97104-060 To: Carltas Development Company 5600 Avenida Encinas, Suite 100 ' Carlsbad, California 92008 4 Attention: Brett Berry Subject: Proposal to Provide Geotechnical and Environmental Observation and Testing during Rough-Grading for Completion of the R & D Lots, Carlsbad Ranch Unit 2, Carlsbad, California References: Leighton and Associates, Inc. 1994, Preliminary Geotechnical Investigation, Carlsbad Ranch Phase II, Carlsbad, California, Project No. 4930489-03, dated March 23, 1994. , 1995, Preliminary Geotechnical Investigation, Lego Family Park and Pointe Resorts, Lots 17 and 18 of the Carlsbad Ranch, Carlsbad, California, Project No. 4950294-001, dated October 5, 1995. , 1996, Supplemental Geotechnical Investigation, Lego Family Park, Carlsbad Ranch, Carlsbad, California, Project No. 4960151-001, dated July 23, 1996. , 1997, Response to City of Carlsbad Review Comments, Lego Family Park, Carlsbad Ranch, Carlsbad, California, Project No. 4960151 -001, dated January 29, 1997. Introduction In accordance with your request, Leighton and Associates, Inc. (Leighton) is pleased to submit this proposal and cost estimate to provide geotechnical services during rough grading for completion of the R & D lots associated with Carlsbad Ranch Unit 2. This grading will be performed in conjunction with grading of the Lego Family Park and Hidden Valley Road. The purpose of our in-grading services is to observe and document that rough-and fine-grading operations are performed in accordance with the project geotechnical recommendations and the City of Carlsbad requirements. As you are aware, Leighton has previously prepared a geotechnical investigation on the project and provided observation and testing services for the previous grading operations for Carlsbad Ranch. Overall site grading will include approximately 2,535,000 cubic yards of cut/fill and remedial grading. This 3934 MURPHY CANYON ROAD, SUITE B205, SAN DIEGO, CA 92123 (619) 292-8030 • (800) 447-2626 FAX (619) 292-0771 P97104-060 grading includes the export of approximately 540,000 cubic yards of material from the Lego Parcel that will be placed as compacted fill within Carlsbad Ranch Unit 2. Remedial grading of this area to allow fill placement will require an additional ±70,000 yards of grading for a total of 610,000 cubic yards. We understand that the costs related to the observation and testing of the other areas of grading will be the responsibility of others. As you may know, the City of Carlsbad has previously required a Hazardous Materials/Waste Contamination monitoring and mitigation plan for the earlier Phase I and Phase II grading operations for the Carlsbad Ranch project and other properties within the City that were previously utilized for agricultural purposes. It is our understanding that this will be required during the proposed grading as well. We have provided a cost estimate for these services in a separate proposal to Lego. Cost for geotechnical services during post-grading development are not included as part of this proposal. Proposed Development Based on our review of the site grading plans, proposed grading is anticipated to consist of cuts and fills creating sheet-graded areas for the building pads, streets, and other improvements within Unit 2. Cut and fill slopes are anticipated to be constructed at slope inclinations of 2:1 (horizontal to vertical) or flatter. Earthwork quantities for the Carltas portion site will include approximately 610,000-cubic yards of material. Construction Schedule Based on our conversations, we understand site work will commence on May 5, 1997. utilizing an average earthwork quantity of 20,000 yards per day, we have assumed that site grading will last approximately 31 days. We have also assumed work will be scheduled for 9 hours per day, 5 days per week. Scope of Services The scope of our geotechnical services for the project will include the following: * The final cost of our geotechnical services during rough and fine grading will be dependant upon the contractors operations and progress. Our construction duration is based on earthwork quantities of 610,000 yards of cut and fill, and average daily earthwork quantities of approximately 20,000 yards/day for 31 days for rough grading. During this time period, in order to provide the necessary quality control, we have assumed one technician will be required on site 9 hours per day, 5 days per week. A senior staff geologist will be on site an average of 2 hours per day during site- grading operations to evaluate and document cleanouts and removals and general site grading. During site grading we will provide the following: Soil testing (both field and laboratory) as necessary to assess compaction of fill materials and fill soil characteristics. - 2- LEIGHTON AND ASSOCIATES, INC. P97104-060 Geologic mapping and evaluation of canyon cleanouts, removals of compressible soils, cut slopes, fill slope key excavations, and stability fill excavations, if any. Preparation of daily field reports documenting our services, hours worked, and a summary of daily grading operations. The daily reports will be submitted to your field representative for their verification and signature. Preparation of field memorandums to document that remedial grading operations were conducted in accordance with our recommendations. Attendance at site pre-construction meetings and weekly project meetings. Preparation of one as-graded report. Documentation of rough grading will include a summary of the geotechnical conditions encountered during rough grading, field and laboratory test results, foundation recommendations, retaining wall design parameters, and post-grading recommendations. Included in the report will be as-graded maps presenting the geotechnical conditions encountered during grading and the approximate locations of the field density tests taken. Estimated Costs Our services will be performed on a time-and-materials basis based on the attached 1995 Professional Fee Schedule. In preparation of this cost estimate, we have utilized the average daily earthwork quantities and duration of construction presented above. We estimate the total costs for our services to be Thirty Thousand Three Hundred and One Dollars ($30,301.). A breakdown of our estimated fees is attached as Table 1. Should the assumptions and/or limitations discussed in this proposal be exceeded, any necessary work will be accumulated as time-and-materials in accordance with the attached 1995 Professional Fee Schedule. We will notify you if it appears our assumptions will be exceeded or if additional work is required above and beyond the scope of our proposal. Our estimate does not include costs arising from our response to the City of Carlsbad reviews of project reports or the encountering of unforeseen conditions. It should also be noted that we will be providing similar services for the Legoland project. Our work for LEGO will include the Legoland site, Hidden Valley Road, the perimeter slope and trails, and the Lego Drive storm drain for which we intend to keep separate accounting. -3 - LEIBHTON AND ASSOCIATES, IHC. P97104-060 If you have any questions regarding our proposal, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. 1 Michael R. Stewart Director of Geology MRS/kar Attachments: Table 1 - Breakdown of Estimated Costs 1995 Professional Fee Schedule/Geotechnical Services Distribution: (2) Addressee -4- LEIGHTOH AND ASSOCIATES, IHC. TABLE 1 Breakdown of Estimated Cost P97104-060 Preconstruction Meeting Technician II Senior Staff Geologist 2 hours @ $56/hour 2 hours @ $77/hour Subtotal Field Services During Grading (Assumes 9 hours/day and 5 days/week) 2 Technician II w/vehicle (overtime) 8 hrs/day x 31 days @ $56/hr 8 hrs/wk x 6 wks @ $84/hr Senior Staff Geologist w/vehicle 10 hrs/wk x 6 wks @ $77/hr Associate Geologist Laboratory Testing Maximum Dry Density Expansion Index Sulfate Content 2 hrs/wk x 6 wks @ $109/hr 5 tests® $115/each 3 tests @ $9I/each 2 tests @ $37/each Geotechnical Analysis and Preparation of Miscellaneous Letters Senior Staff Engineer/Geologist 6 hours @ $73/hour Associate Engineer/Geologist 4 hours @ $105/hour Subtotal Subtotal $ 112.00 154.00 $ 630.00 $13,888.00 4,032.00 4,620.00 1.308.00 $23.848.00 $ 575.00 273.00 74.00 $ 922.00 $ 438.00 420.00 Subtotal $ 858.00 P97104-060 TABLE 1 (Continued) Project Management/Quality Assurance Project Geologist 3 hrs/wk x 6 wks @ $83/hr $ 1.494.00 Subtotal $ 1.494.00 Report Preparation for Final As-graded Report , Senior Staff Geologist 10 hours @ $73/hour $ 730.00 Project Geologist < 6 hours @ $83/hour 498.00 Associate Engineer 4 hours @ $105/hour 420.00 Technical Illustrator 16 hours @ $50/hour : 800.00 Word Processor 8 hours @ $45/hour 360.00 Office Assistant 3 hours @ $35/hour 105.00 Subtotal $ 2.913.00 TOTAL ESTIMATED COST $30.301.00 P97104-060 SCOPE OF WORK AUTHORIZATION This Scope of Work, dated April 22, 1997 is, upon execution of the Parties, incorporated as Scope of Work Number under Master Services Agreement No. by and between Leighton and Associates, Inc., ("LEIGHTON") and Carltas Development Company ("CLIENT"), effective , 1997 Project Name and Location: Carlsbad Ranch Unit 2, California Project Number P97104-060 i , Description of Services: Geotechnical and Environmental Observation and Testing Services LEIGHTON: Leighton and Associates, Inc. 3934 Murphy Canyon Road, Suite B-205 San Diego, California 92123 Telephone: (619)292-8030 Facsimile: (619292-0771 Prime Contact for this Project Mr. Michael Stewart CLIENT: Carltas Development Company 5600 AvenidaEncinas, Suite 100 Carlsbad, California 92008 Prime Contact for this Project Brett Berry The Services for the scope of work outlined in our proposal dated April 22, 1997 shall be provided on a time-and- materials basis in the amount of Thirty Thousand Three Hundred One Dollars ($30,301) payable in accordance with the following: 30 days after receipt of invoice Portion of Fee in Advance of Work: None Report Distribution: (3) Client P97104-060 I have reviewed and agree to this scope of work. LEIGHTON AND ASSOCIATES, INC.: By Signature Name (Print or Type) Date Date CLIENT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE DOCUMENT ENTITLED "INFORMATION FOR CLIENTS REGARDING LEIGHTON's SERVICES" City of Carlsbad Planning Department April 22, 1997 Mr. Bill Ring Real Property Management Division (0200) 5555 Overland Avenue San Diego CA 92123 SUBJECT: NOTARIZED AVIGATION EASEMENT FOR THE CARLSBAD RANCH RESORT SITE APN: 211-023-14 Dear Mr. Ring: Attached is a notarized avigation easement for property located within the City of Carlsbad identified as Assessor's Parcel Number 211-023-14. Please forward the document to the County Recorder for recordation. The document was sent to you previously for signature and requested to be returned to the City of Carlsbad so that we could insert the Final Map number in the legal description. At that time it was hoped that the avigation easement would be sent concurrently with the Final Map for the property to the County Recorder for recordation. However the timing between the two items did not coincide. If you have any questions, please feel free to contact me at (760) 438-1161, extension 4446. Please mail a copy of the recorded document to the City of Carlsbad, City Clerk, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Sincerely,4^4 DON NEU Senior Planner DN:kr Enclosure c: Gary M. Page County of San Diego Airports Division Gillespie Field 1960 Joe Crossen Drive ElCajon CA 92020 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 r City of Carlsbad Planning Department March 20, 1997 Mr. Bill Ring Real Property Management Division (0200) 5555 Overland Avenue San Diego CA 92123 SUBJECT: NOTARIZED AVIGATION EASEMENT FOR LOT 17 OF THE CARLSBAD RANCH - CT 94-09 APN: 211-023-14 Dear Mr. Ring: Attached is a notarized avigation easement for property located within the City of Carlsbad identified as Assessor's Parcel Number 211-023-14. Please execute the Agreement and return the document to me. The document will be sent with the Final Map to the County Recorder for recordation. The County Recorder will mail a copy of the recorded document to you. If you have any questions, please feel free to contact me at (619) 438-1161, extension 4446. Please mail a copy of the recorded document to the City of Carlsbad, City Clerk, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Sincerely, DON NEU Senior Planner DN:bk Gary M. Page County of San Diego Airports Division Gillespie Field 1960 Joe Crossen Drive El Cajon CA 92020 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 February 21, 1997 TO: FROM: Bobbie Hoder Planning Department - Graphics Traffic Engineer Raenette Abbey, Building Department Steve Ruggles, Station #6 Fire Department Greg Clavier, Community Services Pat Zavala, Police Department Karl von Schlieder - GIS Planning Director SUBJECT: STREET NAMES FOR CT 94-09 - CARLSBAD RANCH CT 94-09 supersedes CT 92-07 previously finaled for the Carlsbad Ranch project. Please be advised that the Fleet Street right-of-way and Sound Street right of way recorded with CT 92-07 have been vacated and the approved private street name (Fleet Street) has been assigned to the new alignment shown on the attached map. Sound Street should be deleted from the City's approved Street Name List. Please adjust your records accordingly. Attachment H:\Admin\Streets4 BoCflRlTflS ~company " February 20, 1997 Mr. Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: Tentative Map Conditions for C.T. 94-09-1 (Condition No. 12) Dear Don: Enclosed please find a summary of the paleontological mitigation program completed during the Unit 1 grading prepared by San Diego Natural History Museum. I understand that Gallegos & Associates has provided you with the Unit 1 archaeological monitoring services report dated, February 14,1997. These measures are required of the developer to implement, or cause the implementation of, the Program Environmental Impact Report 94-01 Project Mitigation Monitoring and Reporting Program. Please advise me should you require additional information on these conditions. Very truly yours, Bret P. Berry enclosure neul Monica Browning (w/ enclosure) Charlie Kahr (w/o enclosure) Sherri Howard (w/ enclosure) 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 GALLEGOS & ASSOCIATES SCOPE OF WORK CULTURAL RESOURCE MONITORING OF CONSTRUCTION GRADING FOR THE CARLTAS CARLSBAD RANCH PROJECT CITY OF CARLSBAD, CALIFORNIA APRIL 18, 1997 SCOPE OF WORK Gallegos & Associates will conduct archaeological monitoring of construction grading for the Carltas Carlsbad Ranch project. These services will be provided throughout the period of construction grading. Post-construction monitoring services are not included in the scope of work. The scope of work is divided into the following tasks: 1. Management and coordination 2. Contact City of Carlsbad staff to ensure compliance with City Guidelines. 3. Review of previous work. 4. Review of grading plans and specifications in advance of actual grading. 5. Attend pre-construction meetings to discuss grading plans with contractor. 6. Field monitoring of construction activities by a qualified archaeologist. 7. Preparation of a report of finding. Monitoring will include pre-construction meetings attended by a field monitor and/or principal investigator. Archaeological monitoring will include one field archaeologist. Should burials or cremations be encountered or anticipated, then a Native American monitor will be contacted to identify Native American concerns and placement of reburial. TIME-AND-MATERIALS COST The estimated time-and-materials cost is based on Gallegos & Associates standard schedule of fees and calculated daily rates for field monitoring services. The daily rate for a qualified archaeological field monitor is $240.00. The principal investigator's daily rate is $560.00. Daily rates do not include travel time and mileage. Minimum call-out for monitors is four hours, and an overtime premium of time-and-a-half will be charged for workdays in excess of eight hours and for all weekend and holiday work. Should prehistoric or historic features be identified during grading, the construction crew will be directed to avoids the area and a qualified archaeologist will record and remove the features. This will be billed on as a time-and-materials hourly rate of $30.00 per hour for a Field Archaeologist and $70.00 per hour for a Senior Archaeologist. The contract services will be performed on a time-and-materials basis. Invoices will be submitted monthly for services conducted in the previous billing period. Invoices will detail type of service rendered, hourly/daily rate, and other direct charges. ADDITIONAL SERVICES The scope of work and time-and-materials cost estimate described above reflect our current understanding of project requirements. Amendments to the scope of work and cost will be necessary, if there are modifications to the project or the required services, or should data recovery be requested, or burials/cremations and/or other features be encountered, or extensive revisions be requested by agencies, or meetings with agencies, Native Americans or public presentations be required. This cost will not be exceeded without clients' authorization. This cost estimate does not include the cost for excavation of test units or for completion of a data recovery program should a significant cultural deposit be identified. If human remains are encountered, then all work must halt immediately and the client, City of Carlsbad representative, County of San Diego Coroner, and Native American Heritage Commission will be notified to initiate the required consultation. The schedule will be adjusted accordingly in light of the findings. Additional environmental services could be required should significant new information or issues arise during project construction. These services could involve special client or agency meetings, additional in-field visits by monitors and/or senior staff, reassessment of impacts and mitigation requirements, cultural resource data recovery (excavation), and preparation of additional reports or extensive report preparation. Such services, if necessary, could require a separate scope of services and would be best accomplished under a contract augment or separate contract. In the event that important cultural resources are encountered, the monitor(s) will, in consultation with the on-site inspector, have the authority to divert equipment until such time as the resource can be evaluated. If the evaluation of the resource indicates that serious impacts to important cultural resources have taken place, or will occur, mitigation measures will be recommended. These measures may include immediate removal of threatened resources or controlled excavation in the area of discovery. It should be understood that although Gallegos & Associates monitors will make every effort to ensure that construction is not impaired or delayed, the discovery of a large, intact archaeological deposit may entail several days of archaeological excavation and diversion of construction work in the immediate area. ACCEPTED Gallegos & Associates By:. Signature of Authorized Representative of Consultant Dennis R. Gallegos Name Printed Name Printed President Title Date Title April 18.1997 Date 5671 Palmer Way, Suite A Carlsbad, California 92008 (619)929-0055 G ALLEGOS & Associates 97-300-026 February 14, 1997 Mr. Don Neu Senior Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009-1576 Re: Carlsbad Ranch - Completion of Archaeological Monitoring Services for Unit 1 CT 94-09- 1/DWG333-2K Dear Don: We have completed monitoring of grading at CA-SDI-10670 within Unit 1. A minor amount of surface artifacts were noted and collected during the monitoring. No subsurface archaeological midden was encountered and no additional work is recommended. Field results for all work completed at CA-SDI-10670 will be submitted with the technical report for CA-SDI-12814. Please call should you have questions or comments. Best regards, mis Gallegos' President DG/mkg CARITA5company February 11, 1997 VIA PERSONAL DELIVERY Ms. Anne Hysong Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: Carlsbad Ranch Street Naming Application Dear Ms. Hysong: The purpose of this letter is to formally request that the street name "Fleet Street" be approved for use on the Carlsbad Tract No. 94-09 Units 2 & 3 Final Map that is scheduled for approval at the March 4, 1997 City Council hearing. The Units 2 & 3 Final Map submittal showing the location of proposed Fleet Street is on file at the City offices on Las Palmas Drive. Please reference the enclosed copy of San Diego County Recorder's Document No. 96- 0463215, to confirm that the street originally to be called Fleet Street has been vacated and there will be no duplication or confusion arising from this application. Please review and verify that Fleet Street is eligible for the Unit 2 & 3 Final Map at your earliest convenience as the street name must receive approval before the Final Map approval scheduled for March 4, 1997, Thank you in advance for your prompt response. Very truly yours, Bret P. Berry Enclosure Monica Browning, Carltas (w/enclosure) Don Neu, City of Carlsbad (w/enclosure) 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 FROM:OMNIFfiX TQ:6194319020 12, 1909 2:13PM 8148 P.02 .. Recorded Request Of ~!*~N*'-- - FIDELITY NATIONAL TITLE RECORDING REQUESTED BY: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 WHEN RECORDED SEND TO: City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 This document is certified to be a true and corr:si copy cf tho criginddepumsnUeccrded, zz iflctrvmant Ko^n"^71^3^/3 In tha cffica cf the Ccuniy Rccc.'c'or of Can Die^o County. FiDjkfTY p>vnO?JAL TITLE :COMPANY rtlo Officer CERTIFIED COPY OF CITY COUNCIL RESOLUTION NO. 96-277 SUMMARILY VACATING A PORTION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET, PR 6.125. TO: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6194319020 S5^L2, 1989 2:13PM 8148 P.03 RESOLUTION NO. 96-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF ARMADA DRIVE. FLEET ROAD AND SOUND STREET. PR 6.1?5. WHEREAS, a request has been made to vacate a portion of Armada Drive, Fleet Road and Sound Street; and WHEREAS, Tentative Map CT 9^-09 Carlsbad Ranch has received all discretionary approvals and proposes a street and lot layout different from that recorded with CT 92-07-3 ; and WHEREAS, all utility companies have been notified and no objections have been received; and WHEREAS, the vacation of this ares is consistent with the General Plan; and WHEREAS, the vacaticr, cf this excess right-of-way wilt result in approximately 3,643 acres of land being returned to the tax rolls; and WHEREAS, the excess right-of-way has not been maintained as a public right-of-way for a period of five year or more; NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Easements and rights necessary to maintain, operate, replace, remove or renew in- place public utility facilities are reserved and excepted from the vacation. 3. That, pursuant to Division 9. Fart 3, Chapter 4 of the California Street and Highways Code said excess right-of-way more particularly described as Exhibit A. and shown for the sake of cfarity on Exhibit B, be summarily vacated 4. The City Clerk is directed to record this resolution in the office of the County Recorder of San Diego County. TO:6194319020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19B9 2:13PM 8148 P.04 5. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13thday of Augus: , 1996 by the following vote, to wit: AYES: Council Menbers Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None ATTEST: ALETHA L RAUTtNKRANZ, City Cler (SEAL) 1989 2:i4PM BUB p.as'FROM:QMNIFRX ^ TO: 6194319020 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET PR 6.125 Thac certain real property situated in the State of California, County of San Diego, City of Carlsbad described as follows: PARCEL 1 A strip of land 9.00 feet wide being chose portions of Armada Drive within Carlsbad Tract No. 92-7. Carlsbad Ranch, Unit 3 as shown on Map No. 13215 filed in the office of the Councy Recorder of said Councy on June 30, 1995 as Hie No. 1995-0277693 and Carlsbad Tract. No. 94- 09, Carlsbad Ranch. Unit 1 as shown on Map No. &&»/ filed in the office of said Councy Recorder on 7~// ~* . 19% as File No. /*}j£-£> /^^ 2-/^~ described as follows: Beginning at the most Southerly corner of Lot 13 of said Tract No. 92-7 chence South 63°50'20" West, 9.09 feet along the Southwesterly prolongation of the Southeasterly line of said Lot 13 to a point on a non-tangent curve concave Southwesterly having a radius of 731.00 feet, said point being in the Northeasterly right-of-way of .Armada Drive as shown on said Map No. /?>J>S / _ , a radial line to said point bears North 7l"55'14" East; thence along said Nordieasterly right-of-way through the following four (5) courses; Northwesterly 691.09 feet along said curve through a central angle of 34"10'04", tangent from said curve, North 72"14'50" West, 313.97 feet to the beginning of a tangent curve concave Northeasterly having a radius of 624.00 feet, Northwesterly 541.93 feet along said curve through a central angle of 49"45'38", and tangent from said curve, North 22"29'12" West. 961.57 feet to the beginning of a tangent curve concave Easterly having a radius of 624.00 feet, and Northerly 618.06 feet along said curve through a central angle of 5(5"43'01" to a point of intersection with the Northwesterly prolongation of the Northeasterly line of Lot 9 of said Tract No. 92-7 as shown on said Map No. 13215; thence radial from said curve along said prolongation, South 53"44'1 1" East, 9.00 feel to the most Northerly corner of said Lot 9, said corner being a point on the Northeasterly right- Jime 17, 1996 Page 1 of <1 W.O. #I77-1-'2K ll&ALcgal No. -1005 Pri-f»arcti By: U. Foss Ck'tl By. B. Ki FROM: OMNI FflX TQ: 6194319020 SE2. 1989 2= 14PM 8148 P. 06 of-way of Armada Drive as shown on said Map No. 13215, said poinc also being on a non- tangent curve concave Easterly having a radius of 615.00 feet, a radial line to said point bears North 55°44'11" West; thence along the Southwesterly lines of Lots 9, 10, 1 1, 12 and 13 of said Tract No. 92-7 and along said right-of-way through the following six (6) courses; Southerly 609.14 feet along said curve through a central angle of 56°45'0r, tangent from said curve, South 22°29'12" East, 961.57 feet to the beginning of a tangent curve concave Northeasterly having a radius of 615.00 feet, Southeasterly 534.11 feet along said curve through a central angle of 49°45'38", tangent from said curve South 72°14'50" East, 313.97 feet to the beginning of a tangent curve concave Southwesterly having a radius of 740.00 feet, and Southeasterly 698.32 feet along said curve through a central angle of 54°04'08" to the Point of Beginning. PARCEL 2 All of that certain road known as "Fleet Road" within Carlsbad Tract No. 92-7, Carlsbad Ranch, Unit 3, as shown on Map No. 13213 filed in die office of the County Recorded of said County on June 30, 1995 as File No. 1995-027769, more particularly described as follows: Beginning at a point in the Northeasterly right-of-way of Armada Drive shown on said map, said point being the Southeasterly terminus of that certain course in the Southwesterly line of Lot 1 1 of said Tract No. 92-7 shown as having a bearing and distance of "North 22°29'12" West 375.63 feet" said point also being the beginning of a tangent curve concave Northerly having a radius of 25.00 feet; thence along the right-of-way of said Fleet Road as shown on said map through the following courses: Easterly 39.27 feet along said curve through a central angle of 90"00'00", tangent from said curve, North 67"30'4S" East, 245.50 feet to the beginning of a tangent curve concave Southerly having a radius of 330.00 feet, Easterly 231-76 feet along said curve through a central angle of 40"14'22", tangent from said curve. South 72°14'50" East, 805.82 feet to the beginning of a tangent curve concave Northerly having a radius of 270.00 feet, Easterly 200.47 feet along said curve through a central angle of 42°32I30", non-tangent from said curve, South 24"47'20" East, 66.00 feel to a point on a non-tangent curve concave Northerly having a radius of 33G.OO feet, a radial line to said point bears South 24"47'20" East, Westerly 249.48 feet along said curve through a central angle of 42"32'30", tangent from said June 17, 1996 1'atfc 2 of 1 W.O. #!77'l-2X M&A Legal No. IOCS Prrpareci By: B. Foss Ck'd »v: H. '•FROM:OMNIFflX _ T0= 6194319020 SE12, 19B9 2- 15PM 8148 P. 07 curve North 72°14'50" West, 805.82 feet to the beginning of a tangent curve concave Southerly having a radius of 264.00 feet, Westerly 185.41 feet along said curve through a central angle of r|2 40°14'22", tangent, from said curve South 67°30'48" West. 239.19 feet to the beginning of a tangent curve concave Easterly having a radius of 25.00 feet, and Southerly 42.93 feet along said curve through a central angle of 98°23'27" to a point in the Northeasterly right-of-way of said Armada Drive, said point being on a non-tangent curve concave Northeasterly having a radius of 615.00 feet, a radial line to said point bears South 59°07'21" West; thence along said Northeasterly right-of-way, Northwesterly 90.06 feet along said curve through a central angle of 08°23'27"; thence tangent from said curve North 22029'12" West. 29.91 feet to the Point of Beginning. PARCEL 3 All of that certain road known as "Sound Street" wichin Carlsbad Tract No. 92-7, Carlsbad Ranch, Unit 3, as shown on Map No. 13215 filed in the office of the County Recorder of said County on June 30, 1995 as File N'o. 1995-027760, more particularly de-scribed as follows: Beginning at a point in the Northeasterly right-of-way of Armada Drive shown on said map. said point being the northwesterly terminus of that certain curve in the Southwesterly line of 13 ^;i of said Tract shown as having a radius of 740.00 feet, a delta of 40"15'21" and a length of 519.92', a radial line to said point bears North 3l°33'57" East; thence continuing along said right-of-way and said 740.00 feet radius curve. Northwesterly 119.45 feet along said curve through a central angle of 09"14'55" to a point on a non-tangent curve concave Northerly having a radius of 25.00 feet, a radial line to said point bears South 22"19'02" West; thence leaving the right-of-way of said Armada Drive along the right-of-way of Sound Street through the following courses; Easterly 40.95 feet along said curve through a central angle of 93°5r4l", tangent from said curve North 18"27'22" East, 360.75 feet to the beginning of a tangent curve concave Southwesterly having a radius of 25.00 feet, Northwesterly 39.58 feet along said curve i through a central angle of 90"42'12" to the Southwesterly right-of-way of Fleet Road as shown on said map; thence, non-tangent from said curve. South 72"14'50" East, 122.01 feet along said Southwesterly right-of-way to a point in the right-of-way of said Sound Street being the June 17. 1990 l';»gcSof4 W.O- #1774-2X II&A Legal No. -10<;:j ( •; Prc|>aretl By: U. Foss Ck'd By. B. Etcmadi/su FROfi:OMNIFflX TQ: 6194319020 S12, 1989 2= 15PM 8148 P. 08 beginning of a non-tangent curve concave Southeasterly having a radius of 25.00 feet, a radial line to said point bears North 1~°45'10" East; thence along last said right-of-way through the following courses; Southwesterly 38,96 feet along said curve through a central angle of 89°17'48n, tangent from said curve, South 1S°27'22" West, 380.45 feet to the beginning of a tangent curve concave Easterly having a radius of 25.00 feet and Southerly 33.55 feet along said curve through a central angle of 76°53'25" to the Point of Beginning. All as shown on Exhibit "B" attached hereto and by reference made a part hereof. / Tom R. McCannon, R.C.E. 23956 Registration Expires: 12/31/97 June 1".1990 Page -1 of 1 W.O. jflTT'l-a H&A Legal No IVc|i;ireil U>': U Ck'fl Bv: li. •FROM:QMNIFRX TO:6194319020 EXHIBIT "B" PR 6.125 2, 19B9 2=15PM 8148 P.09 BASIS OF BEARINGS: THE BEARING OF N22'29'l2"W ALONG THE CENTERLINE OF ARMADA DRIVE AS SHOWN ON MAP NO. /53^7 WAS USED AS THE BASIS OF BEARINGS FOR THIS DOCUMENT. N'LY LINE OF LOT 9 MAP NO. 13215. LEGEND: ( ) INDICATES INFORMATION PER TRACT NO. U215 }. \52\5 TOM R. MCGANNON REG. EXPIRES 6-30-96 SHEET 2 Hu.nsa.keT & Associates Irvine. Inc. r/>r« Hughes, /rt/irie. C,\ 3Z?t8 • (714} SSl-IOld Planning • Engineering • Sun/eying VACATION OF ARMADA DRIVE. FLEET ROAD AND SOUND STREET (N THE CITY OP CARLSBAD. COUNTY OF .SAN OlGOO. STATE OF CALIFORNIA^ JAlt:6-17-96 H 221-022-07.05,09.10.11 & 13 SCALE:W.O. 1774-2X K: \OT\1774\2\CALC\LO\6045\SHT1.0WC H&A LEGAL No. 4065 SHEET 1 OF 4 TO: 6194319020 SE^12, 1999 2= 16PM 8148 P. 10 EXHIBIT "B" PR 6.125 LEGEND: ( ) INDICATES INFORMATION PER TRACT NO. 13215 CO TOM R. MCGANNON REG. EXPIRES 6-30-96 f/unsaker & Associates Irvine, Inc. Thme tiuyht*. /rvini. CA 92718 • (7H) S83- 1013 Planning » Engineering • Surveying VACATION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET IN THE CITY OF CARLSBAD. COUNTY OF.SAN DlEfiO. STATE OF CALIFORNIA 6-17-96 211-022-07.08.09.10,11 &SCALE: r-ioo'W.O. 1774-2X K: \Or\l77l\2\CALC\LO\6045\SHT2.0HC H&A LEGAL No. 6045 SHEET 2 OF 4 'FROirOMNIFflX : 6194319020 EXHIBIT "B" PR 6.125 1989 2:i6Prt «148 P. 11 TQM R. MCGANNON REG. EXPIRES 6-30-95 LEGEND: ( ) INDICATES INFORMATION PER TRACT NO. 13215 .Associates Iruine, fnc. Thrte Hvgl,ti. li-uint. CA 3271S -(71-1) 5S.1-IOIO Planning • Engineering • Surveying VACATION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET IN THE CITY OF CARLSBAD, COUNTY OF.SAN OIEGO. STAT£ OF CALIFORNIA "^ 6-17-96 APN * 211-022-07.08.09.10,11 <k 13 SCALE: 1"=100'W.O. 1774-2X K:\OT\1774\2\CALC\LO\6045\SHTiOWC H&A LEGAL No. 6045 SHEET 3 OF 4 •FROM-'OMNIFflX 2. 1989 2=17PM 8148 P.12 ( ) INDICATES INFORMATION PER TRACT TOM R. MCGANNCN ffunsaker & Associates Irvine. Inc.Thrt, Hu.3htx. trvine. CA 92?18 • (714) S83-1010 /'tanninff • Snyinevring • Stt-n-eying VACATION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET IN THE CITY OF CARL38AD. COUNTY OF .SAN OI60O, STATE OF CALIFORNIA 6-17-96 AP.N H 211-022-07.08.09.10.!!SCALE: r-ioo'W.O. 1774-2X K:\OT\1774\2\CALC\LO\600\SHr4.DWC H&A LEGAL No. 60*5 SHEET 4 OF 4 TO'- 6194319020 Sg^.2> 1989 2= 17PM 8148 P. 13 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. \ KAREN R. KUNDTZ, Assistant I • / • , Cit\ Clerk of tin- City "' Cai'M>ad. County "I -S:m Dii'JJo. State of California. linvl>> ivrti/j. tliul I luivt- t-ompim-d tin- N>n-om.u' it.|'V with tlu' ""S"'"1 Resolution 96-277 p:iss,.i| aill| iulnpictl l>> said City C.iMiR-il. at .. .a. regular ni«-tiii« tl^-rcof. at tlu- time and by tlio v<.t<- stati-1. wliii.li nrijiiual Resolution is tm\v on file in my olfitv: tliat the .sanu- contaiiis a hill, ,ni<l I'tirn'vt tiMiiM-ript tliiTi-fnun and of tin- wliolf tlu-n-nl. \Viii!i-s> m luind and Hu- «-al of .said City uf CarWxul. iliis .^.3rd t|iiy ,,f . .. August,. .1996 f San Diego Natural History Museum Balboa Park • San Diego Society of Natural History • Established 1874 11 February 1997 Mr. Bret Berry Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 RE: CARLSBAD RANCH, UNIT 1 - PALEONTOLOGICAL MITIGATION REPORT Dear Mr. Berry: This letter report represents a summary of the paleontological mitigation program conducted during the mass excavation portion of construction activities for the Carlsbad Ranch, Unit 1 project. This mitigation program was a requirement of the grading permit issued by the City of Carlsbad. Submittal of the final report to the city will constitute completion of the conditions for paleontological mitigation. METHODS Monitoring ~ Mass excavation operations were monitored intermittently during June, July, and August of 1996. Monitoring consisted of field inspection of cut slopes, roadways, and utility trenches for unearthed fossil remains. This inspection was conducted by physically following the bulldozers, scrapers, road grading equipment, and backhoes. RESULTS Fossils ~ The only fossils observed during the monitoring program were burrows of a nearshore marine invertebrate organism. These trace fossils, as they are termed, were not preserved in a way that allowed salvage (i.e., they were simple sand-filled, tubelike burrows in fine-grained friable, sandstone). Stratigraphy — Grading at Carlsbad Ranch Unit 1 exposed a complex sequence of Pleistocene-aged sedimentary rocks resting upon Eocene-aged sandstones. The contact Post Office Box 1390 • San Diego, California 92112 • Telephone: 619-232-3821 • Fax:619-232-0248 Printed on recycled paper between these two series of rock units is a nearly horizontal surface at elevation 113 feet that represents an ancient wave-cut platform (sea floor). The Pleistocene sequence is approximately 43 feet thick and consists of, from bottom to top: a basal unit of light gray, fine-grained, very micaceous, laminated and cross-bedded sandstone (Unit 1), a unit of gray, coarse-grained, cross-bedded, conglomeratic sandstone (Unit 2), a unit of dark gray to brown, silty, coarse-grained sandstone (Unit 3), a unit of light gray to orange, medium-grained, friable sandstone (Unit 4), and an upper unit of light gray to black, medium- to coarse-grained, cross- bedded sandstone (Unit 5). The trace fossils mentioned above were found in the basal micaceous, laminated and cross-bedded sandstones of Unit 1. The Eocene sequence consists of light green , coarse-grained, gravelly gritstones with brown siltstone rip-up clasts. Only about 15 feet of this unit was exposed during the grading. The Eocene gritstones, as well as Pleistocene sandstone Units 1,2, and 3 were only exposed during grading of Armada Drive between Palomar Airport Road and Sound Street. Units 4 and 5 sandstones were extensively exposed over the remainder of the graded project area. DISCUSSION Fossils - The trace fossils observed in the basal Pleistocene sandstones of Unit 1 have been given the scientific name, Macaronichnus segregatis. These tubelike burrows are similar to those made by the living polychaete worm, Ophelia, a deposit-feeding marine worm that lives in intertidal to subtidal habitats. Geologists suggest that burrows of Macaronichnus are characteristic of sandstones that accumulated in shallow foreshore paleoenvironments just seaward of the surf zone (Clifton and Thompson, 1978). Stratigraphy- The sequence of Pleistocene sandstones exposed at Carlsbad Ranch are resting upon the Stuart Mesa Terrace of Kern and Rockwell (1992), which is equivalent to the Palomar Terrace of Eisenberg (1985). Sandstone Unit 1 was apparently deposited in a marine paleoenvironment, Units 2 and 3 in a deltaic paleoenvironment, and Unit 5 in a sand dune paleoenvironment. Geologists have referred to these Pleistocene deposits in Carlsbad using a variety of names including, Bay Point Formation, Sweitzer Formation, and "unnamed terrace deposits." The Eocene gritstones exposed at Carlsbad Ranch represent deposits of member C of the Santiago Formation as defined by Wilson (1972). Age- The age of the Stuart Mesa Terrace has been estimated at 220,000 years, which corresponds to a major interglacial period during the late Pleistocene Epoch. This serves as a maximum age for the overlying marine, deltaic, and sand dune deposits. In metropolitan San Diego, marine deposits of this age occur at the type locality of the Bay Point Formation. The age of member C of the Santiago Formation is estimated at 42 to 43 million years, which corresponds to the late middle Eocene Epoch (Walsh, 1996). SIGNIFICANCE No significant fossils were unearthed during the excavation portion of this project. The fossils that were observed were too poorly preserved to warrant collection. Paleontological resource mitigation is not an exact discipline and on occasion, no salvageable fossil remains are unearthed during the course of a project. However, monitoring (i.e., looking for fossil remains) has to proceed, since fossils could be discovered at almost any time. In the event that no well-preserved fossils are unearthed, the other standard tasks of a mitigation program (e.g., salvage, preparation, and curation) are not performed. Museum personnel involved in this mitigation program included Bradford O. Riney and Thomas A. Demere. Sincerely yours, Thomas A. Demere, Ph.D. Director, Department of Paleontological Services REFERENCES Clifton, H. E. and J.K. Thompson. 1978. Macaronichnus segregatis - a feeding structure of shallow marine polychaetes. Journal of Sedimentary Petrology 48:1293-1301. Eisenberg, L.I. 1985. Pleistocene faults and marine terraces, northern San Diego County, Pp. 87-91. In, P.L. Abbott (ed.), On the Manner of Deposition of the Eocene Strata in Northern San Diego County. San Diego Association of Geologists, fieldtrip guidebook. Kern, J.P., and T.K. Rockwell. 1994. Chronology and deformation of Quaternary marine shorelines, San Diego County, California, Pp. 377-382. In, Quaternary Coasts of the United States: Marine and Lacustrine Systems. Society of Economic Paleontologists and Mineralogists, Special Publication 48. Walsh, S.L. 1996. Middle Eocene mammal faunas of San Diego County, California, Pp. 75-119. In, D.R. Prothero and R.J. Emry (eds.). The Terrestrial Eocene-Oligocene Transition in North America. Cambridge University Press. Wilson, K.L. 1972. Eocene and related geology of a portion of the San Luis Rey and Encinitas quadrangles, San Diego County, California. Unpublished M.A. thesis, University of California, Riverside, 135 p. WHEN RECORDED, PLEASE ) RETURN THIS INSTRUMENT TO: ) (MAIL STATION A45} ) ) Clerk, Board of Supervisors ) San Diego County Administration Ctr ) 1600 Pacific Highway ) San Diego, California 92101 ) RECORDER REQUEST OF DEPARTMENT OF GENERAL SERVICES Space above this line for Recorder's use FOR THE BENEFIT OF THE COUNTY OF SAN DIEGO NO TRANSFER TAX DUE Parcel No. 211-023-14 AIRCRAFT OPERATIONS, SOUND, AIR SPACE 9 7 - 0 0 8 3 - A AND AVIGATION EASEMENT DEED CASE NO. CT 94-09 WHEREAS, Carlsbad Estate Holding. Inc., hereinafter called the "Grantor" is the owner in fee of that certain parcel of land situated in the County of San Diego, State of California, more particularly described as follows: Lot 17 of Carlsbad Tract No. 94-09, Carlsbad Ranch Units 2 and 3 per Map No. 13408 , City of Carlsbad, County of San Diego. hereinafter called "Grantor's property;" In consideration of and as a condition of approval by the City of Carlsbad, California, of a Tentative Map, receipt of which is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter referred to as "Grantee", its successors and assigns, a perpetual non-exclusive easement in gross for aircraft operation, aircraft sound and noise, aircraft avigation • and flight, hazard and air space ("Avigation Easement"), over and through all air space above Grantor's property, as particularly described herein before, from the surface to an indefinite height above said surface. The Grantor herein, its heirs, administrators, executors, successors, and assigns, grants the Avigation Easement to Grantee, for the use and benefit of the public, including the United States Armed Forces, for the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated, together with the right to cause in all air space above the Grantor's property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation at or on the McClellan- Palomar Airport; and Grantor herein, its heirs, administrators, executors, successors and assigns, Perpetual Avigation Easement 1 Rev. 06/10/96 does hereby fully waive, remise and release any right of cause of action which it may now have or which it may have in the future against Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been caused by the operating of aircraft landing at, or taking off from, or operation at or on said McClellan-Palomar Airport at, Carlsbad or other airport or air facility which is or may be located at or near the site of McClellan-Palomar Airport. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, it being understood and agreed that these covenants and agreements shall run with the land. This easement is granted for any use by any aircraft present or future, from or to the McClellan-Palomar Airport at Carlsbad including any future change in volume of operation or noise or pattern of air traffic thereof, consistent with a general aviation airport and the airport's boundaries as indicated by Carlsbad's General Plan. Grantor also agrees to defend, indemnify and hold harmless the City of Carlsbad and its officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to the use of this Avigation Easement by the County of San Diego. The obligations and covenants of Grantor hereunder shall bind and burden successor owners of the Grantor's property, and each owner shall be responsible therefore during its respective period of ownership. EXECUTED this 3»rA day of GRANTOR/OWNER: Carlsbad Estate Holding, Inc, a CA Corp. (Name of Grantor/Owner) By: (Sign Here) (Print Name Here) (Title & Organization of Signatory) CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK, for APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: . Deputy C#y Attorney Perpetual Avigation Easement Rev. 06/10/96 This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by resolution of said Board adopted on January 7, 1992, and the Grantee consents to recordation thereof by itSsdttfy authorized officer. Dated: v TORN KROSS, Deputy Director Real Property Division, Department of General Services "The Undersigned, as the Lessee of Grantor's property described above, hereby consents to the conveyance and recordation of the easement described above and subordinates its interest in the leasehold estate to the easement. Lessee agrees that such consent and subordination is binding on its heirs, administrators, executors, successors and assigns to the leasehold interest." LESSEE: (Name of Lessee) By: (Sign Here) (Print Name/Title) By: (Sign Here) (Print Name/Title) (President or vice-president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary of assistant secretary under corporate seal empowering that office to bind the corporation). Perpetual Avigation Easement 3 Rev. 06/10/96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ., 1^7 before me, V'lRSlMlft. personally appeared o> V -£-K d n\ ex A A Notary Public, ? [ ] personally known to me - or [ft proved to me on the basis of satisfactory evidence to be the person(s)'whose name(s)" (if/tare subscribed to the within instrument and acknowledged to me that (He/she/they executed the same in ^'her/their authorized capacity(jes), and that by (fiiMier/their signature^ on the instrument the person(s), or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official seal. V1RGNIAS.BECKNB* Commtaton #1076980 Notary Public - Caltocnla San Diego CountyMyComm.ExptowNov4.WW (Signature of Notary) Perpetual Avigation Easement Rev. 06/10/96 LEGOLAND CARL3BAP February 5, 1997 Mr. Don Neu Senior Planner City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009- 1576 Subject: AVIGATION EASEMENT FOR RESORT LOT - CT 94-09 Dear Don: Please find attached the original avigation easement document, signed by Svend Aage Madsen for Carlsbad Estate Holding, Inc. (LEGOLAND). We understand that execution of this document is required prior to the Final Map for Units 2 and 3 being approved. Yours truly, LEGOLAND Carlsbad, Inc. Richard W. Apel Project Manager cc: Ellen Spellman, ESQ, Brobeck, Phleger & Harrison Monica Browning, ESQ, Carltas Company LEGOLAND Carlsbad, Inc. 5600Avenida Encinas, Suite 130 • Carlsbad, CA 92008 • USA Tel:(6l9H38-5S70 • Fax:(619)438-9499 WHEN RECORDED, PLEASE ) RETURN THIS INSTRUMENT TO: ) {MAIL STATION A45} ) ) Clerk, Board of Supervisors ) San Diego County Administration Ctr ) 1600 Pacific Highway ) San Diego, California 92101 ) RECORDER REQUEST OF DEPARTMENT OF GENERAL SERVICES Space above this line for Recorder's use FOR THE BENEFIT OF THE COUNTY OF SAN DIEGO NO TRANSFER TAX DUE Parcel No. 211-023-14 AIRCRAFT OPERATIONS, SOUND, AIR SPACE AND AVIGATION EASEMENT DEED CASE NO. CT 94-09 WHEREAS, Carlsbad Estate Holding, Inc., hereinafter called the "Grantor" is the owner in fee of that certain parcel of land situated in the County of San Diego, State of California, more particularly described as follows: Lot 17 of Carlsbad Tract No. 94-09, Carlsbad Ranch Units 2 and 3 per Map No. , City of Carlsbad, County of San Diego. hereinafter called "Grantor's property;" In consideration of and as a condition of approval by the City of Carlsbad, California, of a Tentative Map, receipt of which is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter referred to as "Grantee", its successors and assigns, a perpetual non-exclusive easement in gross for aircraft operation, aircraft sound and noise, aircraft avigation and flight, hazard and air space ("Avigation Easement"), over and through all air space above Grantor's property, as particularly described herein before, from the surface to an indefinite height above said surface. The Grantor herein, its heirs, administrators, executors, successors, and assigns, grants the Avigation Easement to Grantee, for the use and benefit of the public, including the United States Armed Forces, for the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated, together with the right to cause in all air space above the Grantor's property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation at or on the McClellan- Palomar Airport; and Grantor herein, its heirs, administrators, executors, successors and assigns, Perpetual Avigation Easement 1 Rev. 06/10/96 does hereby fully waive, remise and release any right of cause of action which it may now have or which it may have in the future against Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been caused by the operating of aircraft landing at, or taking off from, or operation at or on said McClellan-Palomar Airport at, Carlsbad or other airport or air facility which is or may be located at or near the site of McClellan-Palomar Airport. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, it being understood and agreed that these covenants and agreements shall run with the land. This easement is granted for any use by any aircraft present or future, from or to the McClellan-Palomar Airport at Carlsbad including any future change in volume of operation or noise or pattern of air traffic thereof, consistent with a general aviation airport and the airport's boundaries as indicated by Carlsbad's General Plan. Grantor also agrees to defend, indemnify and hold harmless the City of Carlsbad and its officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to the use of this Avigation Easement by the County of San Diego. The obligations and covenants of Grantor hereunder shall bind and burden successor owners of the Grantor's property, and each owner shall be responsible therefore during its respective period of ownership. EXECUTED this 3rd day of 19^7 GRANTOR/OWNER: Carlsbad Estate Holding, Inc, a CA Corp. (Name of Grantor/Owner) Byj (Sign Here)-' (Print Name Here) --?. ">- -, //I *•-/?.,. >^ (Title & Organization of Signatory) CITY OF CARLSBAD, a municipal corporation of the State of California BVJ MARTIN ORENYAK, for City Manager APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City Attorney Perpetual Avigation Easement Rev. 06/10/96 This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by resolution of said Board adopted on January 7, 1992, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: JOHN KROSS, Deputy Director Real Property Division, Department of General Services "The Undersigned, as the Lessee of Grantor's property described above, hereby consents to the conveyance and recordation of the easement described above and subordinates its interest in the leasehold estate to the easement. Lessee agrees that such consent and subordination is binding on its heirs, administrators, executors, successors and assigns to the leasehold interest." LESSEE: (Name of Lessee) By: (Sign Here) (Print Name/Title) By: (Sign Here) (Print Name/Title) (President or vice-president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary of assistant secretary under corporate seal empowering that office to bind the corporation). Perpetual Avigation Easement 3 Rev. 06/10/96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On personally appeared before me, V i RG I M I ft S fl fr C c^ V Jlt\ d A'"\ Q- A £ ^ r\ Notary ? [ ] personally known to me - or [^X] proved to me on the basis of satisfactory evidence to be the person(.s)'whose name(sj (Ts^are subscribed to the within instrument and acknowledged to me that (he/she/they executed the same in {iis/her/their authorized capacity(ifis), and that by (fiByher/their signature^ on the instrument the person(s), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. U/l/.TU-/- O. V1RGNIAS.BECKNER Commission #1076950 Notary Public - Calfomla f San Diego County r My Comm. Expires Nov A. 1999 I (Signature of Notary) Perpetual Avigation Easement Rev. 06/10/96 LEGOLAND. CARL3BAP January 29, 1997 Mr. Don Neu Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Subject: Final Map, Carlsbad Tract 94-09, Carlsbad Ranch Units 2&3 Don: Pursuant to the above referenced Final Map, and representing the landowner for lots 18 and 19, this is to inform you that we will name the private street located within lots 18 and 19 (the LEGOLAND site as "LEGO Drive." Thank you. Best Regards, LEGOLAND Carlsbad, Inc. Carlsbad Estate Holding, Inc. Richard W. Apel Project Manager Landscape & Entitlements cc: Mr. Charlie Kahr, Kahr Asso. Mr. Chris Calkins, Carltas Company LEGOLAND Carlsbad, Inc. 5600Avenida Encinas, Suite 130 • Carlsbad, CA 92008 • USA Tel: (619)438-5570 • Fax: (619)438-9499 City of Carlsbad Planning Department January 28, 1997 Richard Ape! LEGOLAND Carlsbad, Inc. 5600 Avenida Encinas, Suite 130 Carlsbad, CA 92008 SUBJECT: AVIGATION EASEMENT FOR THE RESORT LOT - CT 94-09 Dear Richard, Enclosed is the original avigation easement document prepared for the resort lot which needs to be signed and notarized by an authorized representative of LEGOLAND Carlsbad. The document includes revisions requested by Ellen Spellman. The easement document must be signed and returned to the City for the other signatures to be obtained prior to the Final Map for Units 2 and 3 being approved. Should you have any questions please contact me at 438-1161, extension 4446. Sincerely, DON NEU Senior Planner DN:kr enclosure Ellen B. Spellman, ESQ. , Brobeck, Phleger & Harrison Monica Browning, ESQ. , Carltas Company 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 WHEN RECORDED, PLEASE ) RETURN THIS INSTRUMENT TO: ) {MAIL STATION A45} ) ) Clerk, Board of Supervisors ) San Diego County Administration Ctr ) 1600 Pacific Highway ) San Diego, California 92101 ) RECORDER REQUEST OF DEPARTMENT OF GENERAL SERVICES Space above this line for Recorder's use FOR THE BENEFIT OF THE COUNTY OF SAN DIEGO NO TRANSFER TAX DUE Parcel No. 211-023-14 AIRCRAFT OPERATIONS, SOUND, AIR SPACE AND AVIGATION EASEMENT DEED CASE NO. CT 94-09 WHEREAS, Carlsbad Estate Holding. Inc., hereinafter called the "Grantor" is the owner in fee of that certain parcel of land situated in the County of San Diego, State of California, more particularly described as follows: Lot 17 of Carlsbad Tract No. 94-09, Carlsbad Ranch Units 2 and 3 per Map No. , City of Carlsbad, County of San Diego. hereinafter called "Grantor's property;" In consideration of and as a condition of approval by the City of Carlsbad, California, of a Tentative Map, receipt of which is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter referred to as "Grantee", its successors and assigns, a perpetual non-exclusive easement in gross for aircraft operation, aircraft sound and noise, aircraft avigation and flight, hazard and air space ("Avigation Easement"), over and through all air space above Grantor's property, as particularly described herein before, from the surface to an indefinite height above said surface. The Grantor herein, its heirs, administrators, executors, successors, and assigns, grants the Avigation Easement to Grantee, for the use and benefit of the public, including the United States Armed Forces, for the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated, together with the right to cause in all air space above the Grantor's property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation at or on the McClellan- Palomar Airport; and Grantor herein, its heirs, administrators, executors, successors and assigns, Perpetual Avigation Easement 1 Rev. 06/10/96 does hereby fully waive, remise and release any right of cause of action which it may now have or which it may have in the future against Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been caused by the operating of aircraft landing at, or taking off from, or operation at or on said McClellan-Palomar Airport at, Carlsbad or other airport or air facility which is or may be located at or near the site of McClellan-Palomar Airport. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, it being understood and agreed that these covenants and agreements shall run with the land. This easement is granted for any use by any aircraft present or future, from or to the McClellan-Palomar Airport at Carlsbad including any future change in volume of operation or noise or pattern of air traffic thereof, consistent with a general aviation airport and the airport's boundaries as indicated by Carlsbad's General Plan. Grantor also agrees to defend, indemnify and hold harmless the City of Carlsbad and its officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to the use of this Avigation Easement by the County of San Diego. The obligations and covenants of Grantor hereunder shall bind and burden successor owners of the Grantor's property, and each owner shall be responsible therefore during its respective period of ownership. EXECUTED this day of GRANTOR/OWNER: Carlsbad Estate Holding, Inc, a CA Corp. (Name of Grantor/Owner) By: (Sign Here) (Print Name Here) (Title & Organization of Signatory) CITY OF CARLSBAD, a municipal corporation of the State of California MARTIN ORENYAK, for City Manager APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: _ . _ Deputy City Attorney Perpetual Avigation Easement Rev. 06/10/96 This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by resolution of said Board adopted on January 7, 1992, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: JOHN KROSS, Deputy Director Real Property Division, Department of General Services "The Undersigned, as the Lessee of Grantor's property described above, hereby consents to the conveyance and recordation of the easement described above and subordinates its interest in the leasehold estate to the easement. Lessee agrees that such consent and subordination is binding on its heirs, administrators, executors, successors and assigns to the leasehold interest." LESSEE: (Name of Lessee) By: (Sign Here) (Print Name/Title) By: (Sign Here) (Print Name/Title) (President or vice-president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary of assistant secretary under corporate seal empowering that office to bind the corporation). Perpetual Avigation Easement 3 Rev. 06/10/96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me,Notary Public, personally appeared _, [ ] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) Perpetual Avigation Easement Rev. 06/10/96 FROM : SPELLMflN PHONE NO. : 617 232 6646 Jan., 23 1997 01:47PM P2 ; (€19) 1 FACSIMILE, ($ip) 234-3848 (12THFu>oR) (619) 236-1403 (I3rw R.QOR) WRITER'S DIRECT DIALI (619) 699-OZ58 BROBECKPHLEGER&HARRISON LLP ATTORNEYS AT LAW January 23,1997 VIA FACSIMILE Jane Mobaldi, Esq. City of Carlsbad City Attorney's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Avigation Easement for CT 94-09 Dear Jane; 550 WEST C STREET SUITE 1300 SAN DIEGO CALIFORNIA 9H01-3S32 Reply to: Ellen B. SpeUman, Esq. 20 Chapel St,#A3(tt Boston, MA 02146 (617) 738-5221 (617) 232-6646 (FAX) I appreciated the opportunity to speak with you today regarding the revisions proposed by Carlsbad Estate Holding, Inc. to the Avigation Easement. Pursuant to our conversation, I am enclosing alternative wording for the last paragraph of the text of the grant, which is intended to reflect the concept that the City has the right to enforce the indemnity obligations against successor owners and that each owner is liable during its period of ownership. I am hopeful that we can resolve this issue quickly because of the schedule for processing the Final Map. If the enclosed language is acceptable to you, please let me know as soon as possible. Please note that you can contact me by phone at 1-800- 461-2137, which is a toll-free number for your convenience. Thank you for your cooperation. Very truly yours, Ellen B. Spelhnan Enc cc:Don Neu (w/enc) Monica Browning, Esq. (w/enc) Richard Apel (w/enc) SAN Fft/\>iCttcx> PAIOALTO txw ANGELES OHANCE COUNTY SAN DIEGO New YORK AUSTIN DENVER LONDON' •BROIECK HALE AND Don* INTERNATIONAL Owicx CflRlTflScompany CARLTAS MEMO SUBJECT: Carlsbad Ranch Lots 9 and 10 Stockpile Grading Plan TO: Don Neu FROM: Bret Berry DATE: October 15, 1996 In response to your October 10, 1996 memorandum to Sherri Howard (copy attached for your reference), attached please find letters from Gallegos & Associates and San Diego Natural History Museum indicating their availability for monitoring necessary during the related grading of the stockpile on Lots 9 and 10. This shall serve as notice that the City's requirement to provide a letter from an archaeologist and a paleontologist has been satisfied. Please call should you require additional information. Enclosures cc: Chris Calkins, Carltas (w/ enclosures) Monica Browning, Carltas (w/ enclosures) Sherri Howard, City of Carlsbad (w/ enclosures) Royce Harper, Hazard (w/ enclosures) 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431 -5600 FAX (619) 431 -9020 V OCT-10-96 THU 17=03 CITY OF CARLSBAD COM DE FAX NO. 4380894 7^r P. 01 Post-it* Fax Note CITYO. INTER-OFFICE Co./Dept. Phone # Co. Phone* Fax* DATE:_ TO: FROM: PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST Engineering Department SUBJECT: Request for comments to GRADING PLAN for Hillside Development Ordinance. Protect I.D.Plancheck No, Project Planner Attached is a copy of the Grading Plan. Please review and return your comments to the Engineering Plancheck Division, attention Failure to respond to this request by iO// P/yk will be interpreted to mean that the proposed project has your endorsement as submitted (no fee. deposits, or specific conditions will be required). Thank you for your cooperation. Reply: 77tS,-{o//cw/i»Tfl muff- /Kw?e( Signature Date Oct. 14 '96 15:45 GflLLEGOS & flSSOC TEL 6199290056 P. 2 5671 Palmer Way, Suite A Carlsbad, California 92008 (619)929-0055 GALLEGOS & Associates 96-300-223 October 14,1996 Bret Berry Carlsbad Ranch Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Re: Carlsbad Ranch - Monitoring for Lots 9 and 10 Dear Bret: As per our previous discussion, Gallegos & Associates will provide monitoring services for the proposed stockpile at Lot 9 and Lot 10. These lots are m the vicinity of prehistoric sites CA-SDI-10671 and CA-SD1-6132. Data recovery fieldwork for the purpose of mitigating development effects for the portion of sites CA-SDI-10671 and CA-SDI-6132 within Carlsbad Ranch has been completed by Brian F. Smith and Associates (1996). Gallegos & Associates will provide one archaeological monitor under the direction of Dennis Gallegos. To ensure that we have sufficient time to provide a monitor please notify Gallegos & Associates 72 hours prior to initiating stockpiling. As per our previous work, billing will be on a time and materials basis. Please call me should you have questions or comments. Best regards, President DG/mkg 10/14/96 18:46 ®619 232 0248 SD NAT HIST MUSE 0001/001 f San Diego Natural History Museum Balboa Park • San Diego Society of Natural History • Established 1874 14 October 1996 Mr. Bret Berry Carltas Development Company 5600 Avenida Encinas Suite 100 Carlsbad, CA 92008 RE: Paleontological Resource Mitigation: Lots 9 & 10, Carlsbad Ranch Unit 1 Dear Mr. Berry: This letter is to confirm that the San Diego Natural History Museum, Department of Paleontological Services is under contract to carry out paleontological resource mitigation work during grading of Lots 9 & 10 of Unit 1 at Carlsbad Ranch. If you have any questions concerning this matter, please feel free to contact me at (619)232-3821, ext 232. Sincerely, f k(WlO& rl • Q&v/va/UL Thomas A. Demer£, Ph.D. Curator, Department of Paleontology Director, Department of Paleontological Services Post Office Box 1390 - San Diego, California 92112 • Telephone 619-232-3821 • Fax:619-232-0248 Primed on recycled paftti* CflRlTfl%compflnv Via Facsimile (619) 438-0894 August 28, 1996 Don Ne« Senior planner City of Carlsbad Planning Department 2075 Las Pahnas Drive Carlsbad, CA 92009 RE: Carfsftad Ranch - Lego Drive Dear Mr. Neu: The purpose of this letter is to request the designation as Lego Drive of the public street extending from a northerly terminus at an intersection with Cannon Road southerly a,nd east of a roundabout and terminating at a private section of roadway to Lot 18, the proposed Legoland Park, as shown on the enclosed mylar copies at 1000 and 500 scale. Original mylars will be delivered under separate cover this p.m. Also, please note that both Sound and Fleet streets have been vacated. Very traj . Calkins Ranch Company • SUITE 100 • CARLSBAD. CALIFORNIA 92003 U.S.A. (619) 431-5600 FAX (619) 431-9020 08/26/1996 10:36 LEIGHTON*SftN DIEGO **** 619 292 0771 P. 02 LEIGHTON AND ASSOCIATES, INC. EnvlronmrnMl ftitfimiliif Cori>irft«nU August 23, 1996 Project No. P96004-144 To: City of Carlsbad, Engineering Department 2075 Las Palmas Drive Carlsbad, California 92009-1576 Attention: Mr. Don Neu Subject: Proposed Monitoring and Mitigation Plan, Hazardous Materials/Waste Contamination, Carlsbad Ranch Unit I, CT94-09, Carlsbad, California In accordance with the request of Mr. Steve Harrison, we have prepared this Hazardous Material/Waste Contamination Monitoring and Mitigation plan for your review. Our intent is to implement this plan prior to and during the rough grading of Carlsbad Ranch Unit I (CT94-09). The purpose of this program is to mitigate significant hazardous materials/waste impacts to below a level of significance. As you may be aware, we have performed both a geotechnical investigation and Phase I - Environmental Site Assessment for this property. In addition, our personnel will be onsite full-time during the site grading. Our proposed monitoring program will consist of the following: • Review of the previous environmental and geotechnical reports for the project by a hazardous materials specialist who will conduct a pregrading job walk to visually evaluate the site conditions and any changed conditions since the completion of the Phase I - Environmental Site Assessment report in 1989. • During site grading, weekly onsite visits by a hazardous materials representative from our firm to observe and evaluate possible hazardous materials will be performed. Observations would be made for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils, waste drums, tanks and odorous soils. Should such materials be encountered, Carltas Company will be notified immediately and further investigation and analysis may be required. • Review (prior to site grading) the anticipated conditions with the geotechnical personnel that will be onsite full-time so that they may notify the hazardous materials specialist if changed conditions occur. 3934 MURPHY CANTi *OAD, SUITE B205, SAN DIEGO, CA 97173 (6)9) 292-8030 • (800) 447-2626 FAX (619) 292-0771 08/26/1996 10=37 LEIGHTON*SftN DIEGO **** 619 292 0771 P. 03 P96004-144 In the event that soils contamination with petroleum hydrocarbons are encountered, they will be assessed per County of San Diego Department of Environmental Health requirements. If mitigation is required, the following techniques may be performed: - Placement of the affected soil beneath a proposed road/parking area as a base material. - Recycling of the affected soil. - Bioremediation of the affected soil on site. - Upon selection of the appropriate mitigation technique, written approval of the San Diego County Department of Environmental Health Regional Water Quality Control Board, and City Engineering Department shall be required prior to the approval of grading plans. At the completion of site grading, the Leighton hazardous materials specialist will coordinate the collection of up to 10 randomly selected surface samples and chemical testing of each individual sample for pesticides (by EPA Method 8080) to verify that toxaphene and DDT plus its derivatives are below established TTLC and STLC action levels. At the completion of site work, a final report will be prepared and submitted documenting our weekly observations and results of the laboratory testing to the City of Carlsbad Engineering Department and the Carltas Company. Leighton and Associates is uniquely qualified to perform these services. In addition to performing both geotechnical and environmental services on this project, we maintain a fully staffed environmental division in our office should special conditions arise. The hazardous materials specialist to staff the project will be an experienced 40-hour OSHA-trained environmental geologist, working under the direction of Mr. Thomas Mills, Director of Environmental Services. Thank you for the opportunity to submit this monitoring plan for your review. If you have any questions, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Michael R. Stewart Director of Geology MRS/Jss Distribution: (2) Addressee (1) Harrison Company Attention: Mr. Steve Harrison •2- lammiiimietoount, me. TOTflL P.03 f San Diego Natural History Museum Balboa Park • San Diego Society of Natural History • Established 1874 23 August 1996 Mr. Don New Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Paleontological Resource Mitigation: Carlsbad Ranch Dear Mr. New: This letter is to confirm that the San Diego Natural History Museum, Department of Paleontological Services is under contract to carry out paleontological resource mitigation work during grading of Unit 1 at Carlsbad Ranch. If you have any questions concerning this matter, please feel free to contact me at (619)232-3821, ext. 232. Sincerely, v ^s Thomas A. Demere, Ph.D. Curator, Department of Paleontology Director, Department of Paleontological Services cc: Mr. Charlie Kahr Post Office Box 1390 • San Diego, California 92112 • Telephone: 619-232-3821 • Fax:619-232-0248 Printed on recycled paper CARITA5company June 13, 1996 Mr. Don Neu City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: Carlsbad Ranch Paleontology & Archaeology CT 94-09 Master Tentative Man Conditions Dear Don: Please be advised this letter is for the purpose of satisfying Condition 12 of the Carlsbad Ranch Master Tentative Map Conditions (CT 94-09) which instructs developer to implement the Carlsbad Ranch Final Program Environmental Impact Report Mitigation Monitoring Program. Item 5 of the Archaeological and Paleontological Resources section of the Mitigation Monitoring Program reads: Prior to issuance of a mass-grading permit the developer will present a letter to the City indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. I enclose for your reference a copy of an executed contract with San Diego Natural History Museum (formerly Paleo Services) showing that Paleontological monitoring will be conducted during Unit 1 grading. Please contact Monica Browning or myself should you require additional information. Very truly yours, kins CCC/bb enclosure cc: Sherri Howard (w/ enclosure) Charlie Kahr (w/ enclosure) Monica Browning (w/ enclosure) 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 CflRlTflS compflnv — o B% VW8 S August 20, 1996*-> _ DELIVERY City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Carlsbad Ranch/Specialty Retail and LEGO Drive Cancellation Areas Williamson Act Contract Cancellations Notice of Satisfaction of Conditions Pursuant to California Government Code Section 51283.4(b), notice is hereby delivered by the undersigned landowner that all of the conditions required by City Council Resolution No. 96-2 for final cancellation with respect to the Specialty Retail and LEGO Drive Cancellation Areas have been satisfied as follows: 1. PAYMENT OF THE CANCELLATION FEE Cancellation fees in the amount of $376,618 ($347,391 for the Specialty Retail Cancellation Area and $29,227 for the LEGO Drive Cancellation Area) were paid to the San Diego County Treasurer on August 16, 1996. A copy of the letter from Paul Boland, County Treasurer-Tax Collector, acknowledging receipt of the cancellation fee is enclosed. 2. PERMITS NECESSARY TO COMMENCE THE PROJECT The following permits, which are all those necessary to commence the project, have been obtained as described below: (i) August 13, 1996 - Final Map approved by the City of Carlsbad, and (ii) August 20, 1996 - Coastal Development Permit issued by the California Coastal Commission (copy enclosed). 3. DEDICATIONS OF PROPERTY As required by the conditions of the Carlsbad Ranch Specific Plan and the Master Tentative Map, the LEGO Drive Cancellation Area has been dedicated to public ownership on the Final Map for Unit 1 of CT 94-09. No dedications or offers of dedication are required under the Carlsbad Ranch Specific Plan or Master Tentative Map with respect to the Specialty Retail Cancellation Area. 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 City Council August 20, 1996 Page 2 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING RF.PORT Landowner has complied with all required mitigation measures identified in the Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report (EIR 94- 01) for the Specialty Retail and LEGO Drive Cancellation Areas as follows: (i) EIR Section 5.1 - Agricultural Resources Agricultural conversion fees consistent with the Local Coastal Program shall be paid upon issuance of building permits in accordance with the Coastal Development Permit. (ii) EIR Section 5.3 - Archeological and Paleontological Resources Archeological and paleontological monitors have been engaged in accordance with contracts delivered to the Planning Department on July 1, 1996, and shall be present as required, including but not limited to during grading activities. (iii) EIR Section 5.6 - Hazardous Waste/Pesticide Residue Leighton and Associates, Inc., a qualified hazardous materials specialist, has been engaged to monitor during grading for areas of possible contamination and to test surface samples for pesticides as required. (iv) EIR Section 5.9 - Public Services (Water Supply/Reclaimed Water) Reclaimed water and dual plumbing facilities will be constructed in accordance with Improvement Plans for Unit 1 of C.T. 94-09 as submitted to and subject to the approval of the City of Carlsbad. (v) EIR Section 5.12- Water Quality Erosion, sedimentation and urban runoff filtration systems proposed in the Carlsbad Ranch Specific Plan 207(A) have been complied with pursuant to the Grading Plans for Unit 1 of C.T. 94-09 as submitted to and subject to the approval of the City of Carlsbad. City Council August 20, 1996 Page3 Request is hereby made that the City Council (i) determine that the conditions for final cancellation have been satisfied for the Specially Retail and LEGO Drive Cancellation Areas and (ii) execute and record a Certificate of Final Cancellation for the Specialty Retail and LEGO Drive Cancellation Areas. CARLSBAD RANCH COMPANY, L.P., a California limited partnership By: Carltas Company, a California limited partnership, General Partner By: Carltas Management, a California corporation, General Partner/TxO ^. Christopher C.Calkins, President enclosure cc: Don Neu, Planning Department (w/enclosure) 1 I- TREASURER-TAX COLLECTOR COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY ROOM 162 SAN DIEGO, CALIFORNIA 92101-2475 • (619)531-5690 PAUL BOLAND TREASURER-TAX COLLECTOR NORMAN H. ERNST CHEF DEPUTY TREASURER BART J. HARTMAN CHIEF DEPUTY TAX COLLECTOR PHIL STEED ADMINISTRATIVE SERVICES MANAGER August 16, 1996 Carlsbad Ranch Company c/o Christopher C. Calkins 5600 Avenida Encinas #100 Carlsbad, CA 92008 This certifies that I have received $376,618 from you as the Williamson Act Contract final cancellation fee for the Specialty Retail and LEGO Drive portions of Williamson Act Contract Number 76-1. These funds will be transmitted to the State Controller. Sincerely, PAUL BOLAND Treasurer-Tax Collector PB:os cc: Ray Patchett, City Manager, Carlsbad Dr. Robert Booker, ED.D, Chief Financial Officer And Auditor/Controller COUNTY OF SAN DIEGO, CALIFORNIA MISCELLANEOUS RECEIPT R 492082 (IF BY CHECK. DRAFT OR OTHER Ofli TO THE SAME BEING HONORED AND PAID) '^^^.^^..^.j^J^.jdu^ JLFund/Org. No. Acct. Task Opt. Activity D check NO LJ Money Order No U Draft No. LJ County Warrant No. Deoartment. By.... Date.,.199. CUSTOMER'S COPY AUD JOO IB*v 4-921 COUNTY OF SAN DIEGO CfllUTflScompany June 27, 1996 PERSONAL DELIVERY Ms. Sherri Howard City of Carlsbad Engineering Department /3fpftnjed A/ /%»/Wrt 2075 Las Palmas Drive — Carlsbad, California 92009-1576 Mr. Don Neu City of Carlsbad mszu^***•"" Planning Department 2075 Las Palmas Drive JUN 2 7 1935 Carlsbad, California 92009-1576 CITY v,,. e£*U,.%» Re: Tentative Map Conditions for C.T. 94-09-1 [':LJ...... ~:,\.~ ~*—*j Conditions. Covenants and Restrictions Dear Sherri and Don: Enclosed please find a copy of each of the following: (i) Declaration of Covenants, Conditions and Restrictions for Carlsbad Ranch which was recorded on January 12, 1994, as Document No. 1994-0027697, (ii) Amendment to Declaration of Covenants, Conditions and Restrictions for Carlsbad Ranch which was recorded on April 3, 1995, as Document No. 1995-0138588, (iii) Notice of Annexation of Carlsbad Ranch which was recorded on July 5, 1995, as Document No. 1995-0283827, and (iv) Second Amendment to Declaration of Covenants, Conditions and Restrictions for Carlsbad Ranch dated June 26, 1996. These documents are delivered to you for the purpose of demonstrating satisfaction of Condition Nos. 5, 21, 26, 27, 35 and 44 of Planning Commission Resolution No. 3851, Condition No. 5 of Planning Commission Resolution No. 3852, Item No. 24 of Policy 2-2 of the Local Coastal Program (Mello II Segment) as described in Planning Commission Resolution No. 3846 and the requirement of the Carlsbad Ranch Specific Plan 207(A) with respect to the Flower Fields (Lot 1) Deed Restriction. Planning Commission Resolution No. 3851 Condition No. 5 This condition requires the developer to establish a maintenance association and corresponding covenants, conditions and restrictions ("CC&R's") with the CC&R's submitted and approved by the Planning Director prior to final map approval. Unit 1 of C.T. 94-09 is within the area covered by the CC&R's recorded in 1994, as modified. (See enclosed map depicting area covered by CC&R's and area within Unit 1 of C.T. 94-09.) The 1994 CC&R's, along with the Second Amendment, are submitted for approval in satisfaction of this Condition No. 5. 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 Ms. Sherri Howard Mr. Don Neu June 27, 1996 page 2 Condition No. 21 This Condition requires that all landscaping in the public right-of-way, except for Palomar Airport Road and Cannon Road medians, be privately maintained. Paragraph 1.1 of the Second Amendment addresses this Condition. Condition No. 26 This Condition requires the developer to provide an acceptable means for maintaining the private easements within the subdivision and all private streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein, and to distribute the costs in an equitable manner among the owners. Paragraph 1.2 of the Second Amendment addresses this Condition. The cost shall be distributed among the owners pro rata based on net acreage. (See Article V of the 1994 CC&R's.) Condition No. 27 This Condition requires all concrete terrace drains to be maintained by the Association (if on commonly owned property) or by the individual owner (if on an individually owned lot). This Condition is satisfied by the provisions of Paragraph 4.1(c) of the 1994 CC&R's. (See highlighted language on page 4 of the 1994 CC&R's.) Condition No. 35 This Condition is with respect to desiltation/detention/urban pollutant basin(s). Maintenance of permanent basins is to be addressed in the CC&R's. This Condition is satisfied by the provisions of Paragraph 4.1(c) of the 1994 CC&R's. (See highlighted language on page 4 of the 1994 CC&R's.) Condition No. 44 This Condition is with respect to pollutant discharge elimination. Paragraph 1.3 of the Second Amendment addresses this Condition. Ms. Sherri Howard Mr. Don Neu June 27, 1996 page3 Planning Commission Resolution No. 3852 Condition No. 5 The requirements of this Condition are the same as Condition Nos. 21 and 26 of Planning Commission Resolution No. 3851. See discussions above. Planning Commission Resolution No. 3846 - Item No. 24 of Policy 2-2 of the Local Coastal Program (Mello II Segment) This Item No. 24 requires the developer to notify, in a manner satisfactory to the City Attorney, all tenants/users that the area is subject to dust, pesticides and odors associated with adjacent farm operations and that the tenants/users occupy the area at their own risk. Paragraph 1.5 of the Second Amendment addresses this requirement. I would appreciate it if you would confirm with the City Attorney that the notice provisions of Paragraph 1.5 are satisfactory. Carlsbad Ranch Specific Plan 207(A) - Flower Fields Deed Restriction Section H.la.i of the Specific Plan requires that notice of the Flower Fields Deed Restriction be included in the CC&R's. Paragraph 1.6 of the Second Amendment addresses this requirement. I will insert the recording information as soon as it is available. Please let me know if you require anything further to satisfy these conditions. Thank you in advance for your attention to this matter. Very truly yours, Monica R. Browning enclosures cc: Chris Calkins (w/enclosures) Charlie Kahr (w/out enclosures) howarl8.doc 2 7 1895 ,n ' •;. <.'.-.••'•'". '-":-3lfLi>« 11. • P. M t- - " ""J ^i-1 t / l"ii-J b " ' DOC it 1994-0027697 Pit TO: Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008-44S2 Attention: Christopher Calkins 116 DECLARATION OF COVBK&HTS, COHDITIOHS AND BESTRICTIONS WHEREAS, CARLTAS COMPANY, a California limited partnership ("CAKLTAS") , is the Owner of the property daacribad in Exhibit "A" attached hereto and incorporated herein by this reference (the "Carlsbad Ranch") . WHEREAS, it is the desire and intension of CARLTAS to convey the Carlsbad Ranch and to inposa on it mutual beneficial covenants, conditions and restrictions under a general plan or schene of improvement for the benefit of all the lands in the Carlsbad Ranch and the future Owners of those lands. WHEREAS, lots within the Carlsbad Ranch shall be created in phases ("Phases") and each Phase shall be reflected in a Final Map recorded in the Office of the County Recorder of San Diego. Each legal parcel created by a Final Hap for the Carlsbad Ranch, or any resubdivision thereof, shall b« a "lot" aa referred to herein. The first Phase is reflected as lots 1 through 8 of Carlsbad Tract No. 92-7 according to Map thereof nunber 13078 in the city of Carlsbad, County of San Diego (the "Property") . WHEREAS, upon recordation of this declaration, those lots included in the Property shall ba subject to the terns and conditions of this declaration. NOR, THEREFORE, CARLTAS hereby declares that all of the Property is held, and, shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions all of which are declared to be in furtherance of a plan for the subdivision, improvement and sales of the lands and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the lands and every part thereof. All of the covenants, conditions and restrictions shall run with the land and shall be binding on all parties having or acquiring any part thereof. The burdened lots under this declaration shall be all lots located within the Property. 117 ARTICLE I - ANNEXATION Except tha first: Phase, before CARLTAS conveys any lot in a Phase, CARLTAS shall annex such Phase to the Property by recording a notice of annexation in the Office of the County Recorder of San Oiego. Said notice shall oat forth the legal description and net acreage, as defined in Paragraph 3.2, of all lota in said annexed Phase. Upon any such annexation the term "Property" as used in this declaration shall be defined to include said annexed lota and said lots shall be subject to all of the terms and conditions of this declaration. ARTICLE II - DESIGN REVIEW So long as CARLTAS owns any Benefitted Parcel, as defined below, no structure shall be constructed on tha Property without CARLTAS1 prior written reasonable approval, conceptual plans and detailed schematic plans and specifications for any structure to be constructed shall be submitted to CARLTAS for review. CARUTAS shall have fifteen (15) days to approve or disapprove the plans and specifications. In the event CARLTAS fails to deliver written notice of approval or disapproval within said fifteen (15) day period, then the p.'.ana and specifications shall be deemed approved. Any notice of approval shall be in recordable font. CARLTAS' approval shall be based on conformity to the criteria sat forth in the City of Carlsbad Specific Plan (207) for the Property in effect on the date thia declaration is recorded in the Official Records of the County of San Diego (the "Specific Plan"), the overall design and landscape as in place for the Property, and tha visual impact to the adjoining properties. A copy of the specific Plan is on file with the City of Carlsbad. In the event the specific Plan is amended, modified or changed in any manner, the criteria sat forth in the Specific Plan shall continue to be the criteria by which CARLTAS evaluates any plans and specifications subnitted to CARLTAS Cor approval, unless CARLTAS specifically adopts any such change by a recorded supplement to this declaration. CARLTAS may assign its rights under this Article II to the Association, as defined below. The Banefitted Parcels under this declaration shall be any lot located within the Carlsbad Ranch. ARTICLE III - ASSOCIATION 3.1 Organization and Membership. Every Owner of a lot within the Property ("Owner") shall automatically upon becoming the Owner of such lot b>D a namber of the Carlsbad Ranch Maintenance Association (the "Association"). The Association shall be 118 organized as a California corporation under the California nonprofit Corporation Law. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in this declaration, the Association articles and bylaws. 3.2 Voting. The Association bylaws shall provide that voting shall be based on net acreage, aa defined below, within the Property. Said bylaws shall provide that one vote shall be allocated for each net acre set forth in the Specific Plan or notice of annexation. A fractional vote shall be allocated for each fractional net a era. Should mora than one person hold an Ownership in any lot, other than solely a« security for an obligation, then the vote shall be allocated as such Owners agree, or in the absence of such agreeoent, In proportion to their interests therein in the manner provided in said bylaws.. Any action by the Association which must have the approval of the membership of the Association before being undertaken shall require the vote or written assent of nore than fifty percent (30%) of the votes held by all owners. "Net acreage" shall ba defined to exclude acreage zoned exclusively tor agricultural and/or open space uae. ARTICLE IV - HAXNTBNANCB 4.1 Maintenance and Repair by Association. The Association shall be responsible for the maintenance and repair of all of the common area within the Property, together with such other improvements, landscaping, slopes and features of the Property, the maintenance and repair of which has been imposed upon the Association by the Specific Plan, tha LFMP, and the conditions of approval of the final naps recorded in connection with tha development and use of the Property. Such obligation shall not apply to public improvements, the responsibility for which has been assumed by the City of Carlsbad, without limiting the generality of the foregoing nor the description of the powers and duties of the Association; the Association shall be required to accomplish tha following: (a) clean, maintain and repair the community entries, all common area slopes, parkways, aignage, medians, lighting, landscaping and irrigation improvements, the trail system, and other improvements adjacent to any public streets within the Property the responsibility for the maintenance of which slopes, parkways, slgnage, medians, lighting, landscaping and irrigation improvements and slopes thereof (including without limitation) slopes adjacent to Cannon Read and Armada Drive which has been imposed upon the Association by tha terms and provisions of the specific Plan, the LFMP or in any conditions of approval of any final naps recorded in connection with the development of the Property or any portion thereof; 119 (b) maintain and/or coordinate with any utility or similar service company as nay be required in connection with the installation, maintenance, repair or relocation of all gas lines, electric lines, utility lines and all easements therefor and all connections thereof located in or serving the common area, th* obligation for such maintenance and coordination has not been assumed, undertaken or imposed upon any Owner of any lot as a part of the land use or development approval* for such lot or pursuant to the provisions of this Declaration; and (c) Except where situated within lots sold or transferred to Owners (and therefore the obligation of such Owner), maintain and repair all slopes (whether manufactured or natural), and all landscaping and open apace, fences, irrigation and erosion control improvements and perform all other work, including without limitation, brush clearance and pruning within any fire suppression zones as required by tha Carlsbad City Landscape Guidelines, maintain and repair the water conservation improvements (immediately down stream fron any portion thereof owned and/or maintained by the city or any other local governmental agency regulating the use of reclaimed water or such improvements), maintain and repair any and all concrete terrace drains and other drainage, erosion control Improvements, catch basins, siltation improvements (including any equipment and/or monitoring program related thereto) and all trails, paths, overlook areas, signage, benches or other improvements or structures located or installed within the property as nay be required by the city, or any other governmental agency in order to implement and comply with the Coastal Zone Restrictions imposed upon the use or development of the Property by the California Coastal Commission. Basements are hereby reserved for and established in favor of CAKLTAS, its successors and assigns, together with the right to grant or transfer the same to the Association, and its agents, in, over, under and across all such portions of the Property adjacent to or connecting common areas as are (i) reasonably necessary to discharge the maintenance and repair obligations of the Association as described herein, (ii) reasonably necessary to enter upon, maintain and repair fences, fira suppression zones and the slopes, landscaping and improvements locates therein and (iii) reasonably necessary to maintain and repair fences and walls at the boundary of parcels not subject to the jurisdiction and responsibility of an Owner of a lot. 4.2 Maintenance and Repair of Individual Presets. Except as specifically imposed on the Association above, the maintenance and repair of all lots, common areas, neighborhood entries, coastal resources areas located within lots, slopes, landscaping, trails, drainage, erosion control and other improvements (Including without limitation extension of or connections to water conservation improvements permitted by the City and/or other governmental agencies having jurisdiction over same) which are located within 120 the boundaries oC a lot, together with all private streets and private street signs within a lot, shall be the rasponsibility of the Owner of auch lot. 4.3 Maintenance District. Basements are hereby reserved forand established in favor of CAHLTAS, together with the right to grant the same to the Association, Owners or others in, over and across all those portions of- the Carlsbad Ranch subject to use as a par-t of the trail system. The Association shall have full power and authority, with the cooperation of the City, to establish orcreate a District for the perpetual maintenance of the trail system or any other portions of the common area which are required to b« made available for public use. 4.4 Owner Failure to Maintain. In the event any Owner fails to maintain, repair or install improvements on any portion of such Owner's lot, Unit or other Ownership Interest as required herein in accordance with standards established from tine to tine pursuant to the design review under Article II above, the Board of Directors shall have the right, to cause such maintenance, repair or installation to be accomplished as follows: (a) Upon finding by the Board of a deficiency in such maintenance, repair or installation or other breach of suchobligation, the Board shall give notice of such deficiency, failureor broach to tha responsible Owner which notice shall brieflydescribe such deficiency, failure or breach and set a date forhearing before the Board or a committee selected by the Board forsuch purpose which hearing shall ba held, if called, not less thanten (10) nor more than thirty (30) days from the data of thenotice. (b) Such hearing shall be conducted according to suchrules and procedures as the Board shall adopt and which rules and procedures shall provide the Owner with the right to present oral and written evidence and to confront and cross-examine adverse witnesses. If the Board or committee renders a decision against the responsible Owner, the Board or committee shall further set a date (reasonably related to the nature of the deficiency, failure or breach) by which the deficiency, failure or breach is to be corrected by the responsible Owner. A decision of the committee may be appealed to the Board, but a decision of the Board shall befinal. (c) If the deficiency, failure or breach continues to exist, after any time limitation imposed by the committee and if such decision is not appealed to the Board, the Board may cause such deficiency, failure or breach to be performed or cured. (d) If the Board elects to cause such maintenance, repair or installation to be performed, the Board shall give ten (10) days' notice to the Ownor of such election within which the 121 Owner is to select a date not less than fi£te«n (15) nor more than forty-five (45) days following such notiea by thR Board within which such maintenance, repair or installation shall be performed or cured. If within said ten (10) day period the Owner has not selected such a date for performance or cure, the Board nay select a date which shall not be less than tan (10) nor more than sixty (60) days from the date of the Board's original ten 910) day notice within which Owner shall perfom or cure the deficiency, failure orbreach involved. Unless the Owner and the Board otherwise agree, such maintenance, repair or installation shall take place only during daylight hours on any day, Monday through Friday, excluding holidays. (e) If the Association pays for all or any portion of the performance or cure of such maintenance, repair or installation, or if such Owner does not select a data as providedabove upon which such maintenance, repair, installation, or cure isto be performed or cured or does not perform cuch maintenance,repair or installation on or before the date set by the Board andit the owner does not otherwise agree in writing that entry onto such lot or other Ownership Interest nay be had by the Associationor its delegates for such purpose, the Association may seekappropriate judicial relief, but may not impose a SpecialAssessment to recover or reimburse the Association for such cost:. 4.5 Private street Maintenance to city standards. Thepavement, sidewalks and streetlights located within any privatestreets shall be maintained by the Owner where located, in a safe,functional and attractive condition that is consistent with thestandards adhered to by the City of Carlsbad for the maintenance of public streets, public sidewalks, and public streetlights. 4.6 storn Drain Maintenance. The surface of the storm drainage easements shown on final maps for the Property and all underground storm drains and storm drainage disposal facilitieslocated within said storm drainage easements shall be maintained bythe Association where located within common area and by the Ownerof each lot where located within an individual lot free of anyobstructions which would interfere with the normal collection,passage and disposal of storm waters accumulating within or flowingthrough the Specific ?lan area. 4.7 Sewer Facilities Maintenance. Sewer mains and other sewer facilities located within the private sewer easements shown on any final maps shall b« maintained by the Association if located within tha common area and by the Owner if located within an individual lot free of any obstructions which Interfere with the normal passage of sewage to the public sewer system and shall alsobe maintained free of unreasonable amounts of inflow orinfiltration; provided, however, that each Owner of a lot shall be individually responsible for maintaining any sewer lateral which connects the sewer system serving a building or structure on the 122 lot to a sewer basin located within the private sewer easements even though a portion of such sewer lateral is located within the boundaries of the private sever easements. 4.8 Enforcement of Maintenance obligation*. Notwithstanding the provisions of Article VI, below, tha Association, the Owner of any Benef itted Parcel and the City of Carlsbad shall have the right to enforce the maintenance obligations and covenants set forth in Paragraphs 4.1 through and Including Paragraph 4.8, above. Provided, however, no person shall demand, require, or otherwise compel the City of Carlsbad to exercise its right under this Paragraph 4.8. ARTICLE V - ASSESSMENTS CARLTAS, on behalf of itself and for the owners, hereby covenants, and each Owner of a lot within the Property by acceptance of a deed therefore, is deemed to covenant and agree to pay maintenance assessments to the Association. Tha maintenance assessments shall be for the purpose of paying the maintenance costs incurred by the Association pursuant to the provisions of Article IV, above. Said maintenance assessments or charges mat by reasonable and shall be levied on a net acreage basis. Each Owner of a lot shall pay monthly maintenance assessments in an amount equal to the monthly maintenance cost Incurred by the Association multiplied by a fraction, the numerator of which shall ba the net acreage in such lot and the denominator of whiob shall ba the total net acreage of all lots within the Property. A separate formula ahall be adopted upon annexation or razoning of any Phase including any portion of the Carlsbad Ranch designated for agricultural use or open space under Tentative Map CT 92-7 accompanied by a change in zoning to other uses. This formula shall reflect only the improvements required to be maintained by Association as a result of said use and the following: (!) If access is taken from Armada Drive, and not: from a separate roadway, then a portion of all maintenance related to Armada Oriva shall be allocated to such rezoned area, on a net acreage basis. (2) If a common detention or other Association maintained atom water system ia utilized by such re zoned property, then a portion of such maintenance shall be allocated to such rezoned area, on a net acreage basis. ARTICLE VI - ENFORCEMENT 6.1 Cour*-. Action. The Association shall have the right to commence and mi intain actions for damages or to restrain and enjoin 123 any actual or threatened breach of any provision of this declaration or the Specific Plan. 6 . 2 tifine. in the event any Owner fail* to comply with the tarns of the Specific Plan or this declaration including, but not limited to, the maintenance assasenents doacribed in Article V, then the Association nay take any action necessary to bring ouch delinquent. Owner and/or lot into conformity with the Specific Plan or this declaration. Any cost* incurred by the Association to bring the delinquent owner and/or lot into conformity shall be assessed to the Owner and shall be immediately due and payable upon the delinquent Owner's receipt of -the Association ' s written notice of assessment. 6.2.1 Biffht to Enforce. The right to collect and enforce assessments in vested in the Association. The Association can enforce the obligation of any Owner to pay any a»i;essa«nt by commencement and maintenance oC a suit at law or in equity, or the Association may foreclose by judicial proceedings or though the exercise of the power of sale pursuant to Paragraph 6.2.3 to enforce the lien rights created. Suit to recover a money judgement for unpaid assessments shall be maintainable without foreclosing or waiving the lien rights. 6.2.2 Creation of Lien. If any Owner of a lot fails to pay any assessment within fifteen (IS) days after receiving a written notice of assessment, the assessment and all costs that are incurred by the Association or its authorized representatives in the collection of the amounts, including reasonable attorney ' a teas and court costs shall be a lien against such lot upon the recordation in the Office of the County Recorder of San Diego County of a notice of delinquent assessment. The notice of delinquent assessment shall not be recorded unless auch delinquency has not been cured within fifteen (15) days altar delivery of notice of assessment. The lien shall expire and be void unless, within one (1) year after recordation of the notice of delinquent assessment, the Association or its authorized representative records a notice of default as provided in this declaration or institutes judicial foreclosure proceedings. 6.2.3 Notice of Default; Foreclosure. Hot more than one (i) year nor less than (10) days after the recording of the notice of delinquent assessment, the Association or its authorized representative can record a notice of default and can cause the lot to be sold in the same manner as a sale is conducted under California Civil code Sections 2924, 2925b-2924c, or through judicial foreclosure. However, as a condition precedent to the holding of any such sale under Section 2924c appropriate publication shall be made. In connection with any sale under section 2924C, the Association is authorized to appoint its attorney, any officer or director, or any title Insurance company authorized to do business in California as trustee for purposes of 8 124 conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the Association or its authorized representative shall cause to be recorded in the Office of the County Recorder of San Diego County a certificate setting forth the satisfaction of such claim and release of such lien on payment of actual expanses incurred, including reasonable attorneys1 fees, by any delinquent owner. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire, hold, lease, nortgage and convey the lot. 6.2.4 Waiver of Exemptions. Bach Owner to the extent permitted by lew, waives, to the extent of any liens created pursuant to this Article VI the benefit of any exemption laws of California in effect at the tine any assessment becomes delinquent or any lien is imposed. ARTICLE VII - BREACH SHALL HOT DEFEAT HOHTOAGB A breach of any of the tanas, conditions, covenants, or restrictions of this declaration shall not defeat nor render invalid tha lien of any institutional first mortgage or institutional first deed of trust, Bade in good faith and for value, but such term, condition, covenant or restriction shall be binding on and effective against any of the parties whose title to the Property or any portion thereof is acquired by foreclosure, trustee's sale or otherwise. ARTICLE VIII - BINDING BPFBCT, DURATION The covenants, conditions and restrictions aet forth in this declaration shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this declaration is recorded. Thereafter, this declaration shall be automatically extended for successive periods of ten (10) years unless CARITAS record* a document changing the duration of this declaration. If, after recordation of this declaration or the annexation of any Phase, CARLTA3 transfers its interest in the remaining portion of the Carlsbad Ranch which has not been annexed, then CARLTAS1 successor shall (1) be obligated to record any notice at annexation as described in Article i, above, and (ii) have tha rights of design review described in Article II, above. This Declaration may be amended by the consent of the Owners of more than 2/3 of the net acreage defined under Section 3.2 above. ARTICLE IX - NOTICES All notices and deliveries provided for herein shall be deemed to have been given or nade when personally delivered or mailed, postage prepaid, or delivered to a telegraph or cable company, addressed to the receiving party at an office where it conducts business, or such other place as tha parties may designate in 125 writing from time to tlaa for such purpose. Notice to the Association shall be delivered to the Association's principal place of business as filed with the secretary of State of the state of California. ARTICLE X - COPIES OF DOCOMBHTS Upon the transfer of any lot within the Property,-or upon the leasing of any such lot, the transferor or the lessor shall deliver a copy of this declaration as may be aaended to the date of such transfer or lease, to the transferee or lessee. Within thirty (30) days after such transfer or lease, aaid transferee or lessee shall deliver written notice thereof to the Association. Dated: CABLTAS COMPANY, a Californialimited partnership CR-CCSR.CON iher c. caUcins, Manager 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 126 State of _ County of SAM DIEGO On Jama** ". 1994 before me_jqic:E E- Miaoat,PUBLIC NAM. mu or omcEH • E.O .-JAMC oot. NOTMT CHRISTCgaER C. CTLiQNS, MM«GERpersonally appeared £1 personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to tha within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies). and that by his/her/their signature(s) on the instrument the person(s), or tha entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (JL SIGMATUNC O* MOIARf • OPTIONAL' Though iha data below is not required t>y law. It may wove vaJuabte to pencxis reVng on ma document and could prevent IrauduJent reanactunem at ttus lonn. CAPACITY CLAIMED BY SIGNER LJ HDIVIOUAL D CORPORATE OFFICER O PARTNER(S) D UMITEO D GEN6BAL D ATTORNEY-W-FACT D TnusTee(S) G QUAHOIAI*CONSERVATOR 0 OTH£B:_ .MANAGES SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT DBCLABATICN OF OOVB1ANTS, OOMDmOHS TITLE OH TYPE OF DOCUMENT AND 10 NUMBER OF PACES JANUJMOT 1, 1994 DATE OF DOCUMENT CARLTAS CtaKPWK, A CJU-ITOIWIA PARTNERSHIP SIGNERS) OTHER THAN NAMED ABOVE -C«W fan.CA01309 ItU 12? EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IB SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "H" OF RANCEO AGOA HEDIOHDA, IN THE CITY OF CARLSBAD, COUNTY OF SAK DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 323, FILED IN THE OFFICE OF TBS COUNTY RECORDER 0? SAN DIEGO COUNTY, NOVEMBER 16, 1892, AS SHOWN OH RECORD OF SURVEY HAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS. SPECIFICALLY INCLUDING LOTS 1 THROUGH 8 OF CARLSBAD TRACT NO. 92-7 ACCORDING TO MAP THEREOF NUMBER 13078 IN THE CITY OF CARLSBAD, COUNTY OF SAH DIEGO. I WHEN RECORDED RETURN TO: Carttas Company 5600 Avanlda Endnas, Suite 100 Carte&ad. CaHomte 92008-4452 1940 DOC 8 1995-0138588 03-APR-1995 02«5B PM JFFICUl REBMfflSSAN DIES) COUW RECWOa-S OFHCEOESKT SfflTX, COUHTY BORDER RF» 17.00 FEQ< 43.00AFi 25.00HFI 1.00 AMENDMENT TO OCCLARATION OF COVENANTS. CONOmONS AND RESTRICTIONS datedHarch 20, 1995 WHEREAS. tha undersigned am DM owners of the property described In Exhibit 'A' attached hereto «n<J ineocporrtrf hw«in by (hit refereoe* (tta VRXKiV). WHEREAS, the Propwly to nAiKt to Out cvtdn Oedaraton of Covenant!, Conditions and Restrictions reconted In ttw Om» of ttw County Itaoonkr ol San Oago County on January 12. 1984, as Document No. 19844027997 (InfCCR'O- WHEREAS, tho undemlgnad deelnj to amend the CCR'8 SB wt term horstn. NOW. THCT^Cma the undaritgned. being att of thoCT»nm«o<lha Property, aflrat as fottowt 1. Amfindnffia. Th« COTi are haraby anwnded to «wlud»UX4o( Cansbad Tract No.92- 7 according to Map thoreot number 13078 In Hie C«/ of Cartrta* County of 8m Diego, such that said Lot 4 thall not b« subject to the CCR1*. TNs «n»ndm«nt thai bd eflwdve upon KM recantation heraof In the Offlce of tie County RaeonJar of San Dtogo County. 2. Full forea and Effect. Emp> «i provide Mmln. rt tanm and condltora of tha OCR's shall remain unchanged and ki kd fares and eflact IN WITNESS WHEREOF , thU amendment has been axacuUd on tha date* tot farth bsknv. Cartabad Ranch Company IP., a CaBorrta CB RanjUt, EntsrpitMl, By: Carttas Company, a Cafluiiils In**! pamwnMp. Osmral Pannar By: Cantos Management, a CadfomttM General! date. _ Gerratoojcal kntttuto of America, an Ontonorvpnrft corporation PL6A46 ATTACH PROPCT NOTARV ACKNOWLfiDQHBNT PORItt CALMPOMNU tPOU AOKMOWIWKUMKT 1950 State of County of T>€ttV On batefama. K/WlN HfHf. Timor personally appeared Impersonally known to me - OH—S-pi to be the petson(«^whose subscribed to the within Instrument and ac- knowledged to me> that {fl^MioAhey* executed the same In KtShoffthali1. authorized oapaclty(4e*>r- and that by rjfi/herfthelr. signatures) on the instrument the person(eK or the entity upon behalf of which the person(s} acted, executed the Instrument. WITNESS my • OPTIONAL'_ ........... i» II I II • 1*11 NIMBI I Illl II I I 1 -^ff- I | Wf «*-•*• -" TTiooQntM data tMUwta not mqulradt^ tow, tt may pravov^^ frBudulonl raflftectwrkint ot ttitv tonn. oncmpTtON or ATTACMEO oocwwrCAPACITY ClAIMfO BY SHNBI . CORPORATE ORTCtB D D PARTNERS) DuiWTEO D GENERAL D ATTCmNEY-lH-F*CT D TRUSTEE(8) D OUAROWNCONSERVATOR U OTHHft 70 TTTLE OR TYPE OF OOCUM9IT NUMBCT OT PACKS OATEOPOOCUMENT 8KJNCR(8) OTHKR THAN NAMED *90VB CALIFORNIA AU^PURPOM ACKMOWUQQMMT 1951 State of C/>L i W AI I /* County nl -S/t/0 Plfc^O On miVfH Zi . before me. personally appeared.S. HILL- STpersonalry known to mo • to be th» paraon<a) whoaa name<a)dl/8ra subscribed to the within toatniment and ac- knowledged to ma that<jg/»harthay axacutad the same In trtjytNtrftftetr authorized capaclty(ie«), and that by signatures) on the Instrument ma paraon(a), or the entity upon behalf of which the pereonfe) acted, executed the Instrument. WITNESS my hahd C^fe*' ""~p~~~~^^^~~~"^~"~-~~l^~~"" \*r i iwronb —"^^"^-^•"••^— Though *• data bdow » no» nqulrad br IMT, I «•» p*w» Mkwbto to imam ralying on (ha doamMnl and aouU pram* TTttMtuMnt rHttBCluiMfit of fti fwdrt. CAPACITY ClAIUED BY SMHER OESCfflPTMMI QF ATTACHED DOCUMEMT D INOtVHXJAL SI TTOE OH TYPE OF DOCUMENT O PARTNERS) D UMITB) O ATTGRNEY-M-FACT D TBUSTEEtS) O QUARCHANiCONSEHVATDfl D OTHEft NUMBER OF PAQEl DATE OF DOCUMENT 8H3NEIWOTMCT THAN NAMED ABOVE «IM9 MTtNM. NOTAdr AtMCMMM •*•». PA *• 1952 EXHIBIT "A" LOTS 1 THROUGH a OF CARLSBAD TRACT NO. 92-7 ACCORDING TO MAP THEREOF NUMBER 13078 IN THE CITY OF CARLSBAD, COUNTY Of SAN DIEGO. '4• i. CHICAGO 'HE REQUSI & Hit CO, DOC 8 1995-028382705-JUL-1995 11*43 Art OFHtttl BONDS MH DIM OUNtt (HOBO'S OFFICE8KSOK SnilRt OWN KuWES8Fi LOO fBS' 14.MIF' 7.00ir> 1.00 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Carlsbad Ranch Company 5600 Avenida Entinas, Suite 100 Carlsbad, CA 92008-4462 Attention: Chnstopher C. Catkins NOTICE OP ANNEXATION CARLSBAD RANCH WHEREAS, Carttas Company, a Caflfbmla limttad partnership CCerltaaT), recorded that certain Declaration of Covenants, Conditions and Restrictions art the Office of the County Recorder of San Diego County on January 12,1934. as Document No. 1994-0027697 (the •Declaration-) a* the owner of the Carlsbad Ranch, as defined In the Declaration. WHEREAS, the first Phase, as defined in the Declaration, became subject to all of the covenants, conditions and restrictions set forth in the Declaration upon reeordation of the Declaration. WHEREAS, by that certain Quitclaim Deed recorded in the Office of the County Recorder of San Diego County on July 25, 1994, as Document No. 1994- 0457851, as corrected by Document No. 1994-0664478. Cartes transferred its interest in that remaining portion of the Carlsbad Ranch described in said Quitclaim Deed to Carlsbad Ranch Company LP., a California limited partnership ('CRC'). WHEREAS, as Cartes' successor, CRC now desires to annex the Second Phase, as defined below, to the Property as defined in the Declaration. NOW, THEREFORE, CRC declares as follows: 1. Annexation. CRC hereby annexes that certain real property described In Exhibit A, attached hereto and incorporated herein by this reference (me •Second Phaser), to the Property, as defined in the Declaration, Upon recordation hereof in trie Office of the County Recorder of San Diego County, the term •Property' as used in (he Declaration shall be defined to include said annexed lots within the Second Phase and said lots shall be subject to all of the terms and conditions of the Declaration. 2. Net Acreage. The net acreage, as defined in Paragraph 3.2 01 the Declaration, of each lot within the Second Phase is as follows: Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 4.25 net acres 4.85 net acres 3.95 net acres 6.46 net acres 6.47 net acres 10.15 net acres 3. Full Force and Effect Except as provided herein, all of the terms and conditions of the Declaration shall remain unchanged and in fun force and effect IN WITNESS WHEREOF, this Notice of Annexation has be«n signed on the date set forth below. •CRCT Carlsbad Ranch Company LP.', a California limited partnership By: Carttas Company, a California limited partnership General Partner By: Carttas Management, a Califomia^rportjoa GeneraLPartner // v: rt/1 date:, /? l£ (ATTACH PROPER NOTARY ACKNOWLEDGMENT FORM) CAtiroANIA ALtMIIVQMI ACKHOWUDOMIHT 65 State of. County of . On Jt)^g 6. T»e6O batem ma.ttoTM personally appeared IS personally known to me - OR—S-ei 4-1 M*oHattatatorj to be the person(a)~who<e ruune(< subscribed to the within Instrument and ac* knowtedged to me that he/she/they executed the same In 401/her/thelr authorized capacity*!**), and that by ^j^wAtwfr slgnature(s) on the tnatrument trt« person^), or the entity upon behalf of which the person(a} acted, executed the Instrument. WITNESS my hand and official seal to4 • OPTIONAL i Tlxxipi V» data Mow k not mdnd by tew.» may ptow mknfcto to ponom nlying on the documemandcoddprewnt l waif Bctirunt ol thh toflfl. CAPKrtY CLAIMED BY SIGNER D nomouM. D CORPORATE OFFICER D PAHTNSHS) O LMTEO D( D ATTOHNEY-OfFACT D TRUSTEES) D eUMUXANCONSERVATOR D OTHEft OESCRIPTIOH OF ATTACHED DOCUHENT 1TREOR TYPE OF DOCUMENT NUMBER OF PAQES DATE OF DOCUMENT SGNER(S) OTHER THAN NAMED ABOVE ettniMTOUI. NOTARY AOOCUTOfl EXHIBIT A 0|j LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "HB OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. NOVEMBER 16, 1896, AS SHOWN ON RECORD OF SURVEY MAP NO. 12482, FILED DECEMBER 28, 1989 AS FILE NO. 89-704918 OF OFFICIAL RECORDS. MORE PARTICULARLY DESCRIBED AS LOTS 9 THROUGH 14, INCLUSIVE, OF CARLSBAD TRACT NO. 92-7 UNIT 3 ACCORDING TO MAP NO. 132-1$ . RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Carlsbad Ranch Company, L.P. 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Attention: Monica R. Browning SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION CARLSBAD RANCH This Second Amendment to Declaration of Covenants, Conditions and Restrictions, dated June 26, 1996, (this "Amendment") is made with reference to the following recitals: RECITALS A. The undersigned are the owners of the property described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. The Property is subject to that certain Declaration of Covenants, Conditions and Restrictions recorded in the Office of the County Recorder of San Diego County on January 12, 1994, as Document No. 1994-0027697, as modified by that certain Amendment to Declaration of Covenants, Conditions and Restrictions and by that certain Notice of Annexation recorded in the Office of the County Recorder of San Diego County as Document Nos. 1995-0138588 and 1995-0283827, respectively (the "CC&R's"). C. The undersigned desire to amend the CC&R's as set forth herein. NOW, THEREFORE, the undersigned being all of the owners of the Property, agree as follows: 1. Amendment. The CC&R's are hereby amended as follows: 1.1 Landscaping in Public Riaht-of-Wav. The following shall be added at the end of Paragraph 4.1(a), "(the foregoing shall include, but not be limited to, maintenance of all landscaping in the public right-of-way within the boundaries of the Master Tentative Map for Carlsbad Ranch C.T. 94-09, except the medians in Palomar Airport Road and Cannon Road)". 1.2 Private Streets. Paragraph 4.5 shall be amended in its entirety as follows: The Association shall be responsible for the maintenance and repair of all private streets designated on the Master Tentative Map for Carlsbad Ranch C.T. 94-09, together with all sidewalks, street lights, storm drain facilities and sewer facilities located therein. Said improvements shall be maintained in a safe, functional and attractive condition that is consistent with the standards adhered to by the City of Carlsbad for the maintenance of similar public improvements. 1.3 Pollutant Discharge Elimination. The following shall be added as new Paragraph 4.8 and existing Paragraph 4.8 shall be re-numbered as Paragraph 4.9: 4.8 Pollutant Discharge Elimination. As part of the management plan for the reduction of surface pollutants arising form the development of the Carlsbad Ranch, all Owners, prospective owners and lessees of the property within Carlsbad Ranch are hereby notified of the following: a. Owners and all lessees of property with the Carlsbad Ranch shall coordinate efforts to establish (or work with established) disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into any storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet federal, state, county and city requirements as prescribed in their respective containers. c. Owners and all lessees of property within the Carlsbad Ranch shall not perform any changes to landscaping or surface improvement without complying with best management practices as referenced in the "California Storm Water Best Management Practices Handbook" in order to eliminate or reduce surface pollutants when planning any landscaping or surface improvement to their respective parcels. d. Each Owner must adopt a program of best management practices appropriate for its parcel based upon the proposed development and use of its parcel and any other relevant circumstances. An example or sample of a program of best management practices of an office manufacturing building is contained in Exhibit "B" attached hereto. All leases of property within the Carlsbad Ranch shall include a provision obligating tenants to comply with the program of best management practices applicable thereto. 1.4 Exhibit "B." Exhibit "B" attached hereto shall be designated as Exhibit "B" of the CC&R's. 1.5 Notice of Agricultural Use. The following shall be added as new Article XI of the CC&R's: ARTICLE XI - NOTICE OF AGRICULTURAL USE Owners of property with the Carlsbad Ranch are hereby notified that certain areas within the Carlsbad Ranch are currently used for agricultural purposes. As such, said areas produce dust, pesticides and odors associated with farm operations. Any Owner of property adjacent to land used for agricultural purposes shall notify all of its tenants of the foregoing and that said property is occupied at the occupier's own risk. 1.6 Notice of Deed Restriction. The following shall be added as new Article XII of the CC&R's: ARTICLE XII - NOTICE OF DEED RESTRICTION Notice is hereby given to all current Owners and prospective owners of property within the Carlsbad Ranch that the portion of the Carlsbad Ranch described as the Flower Fields Planning Area in the Carlsbad Ranch Specific Plan 207(A) on file with the City of Carlsbad, and more particularly described in Exhibit "C" attached hereto, is subject to a deed restriction which limits its use to flower production. The provisions of said deed restriction are fully contained in that certain Deed Restriction recorded in the Office of the County Recorder of San Diego County on June , 1996, as Document No. 1996- . 1.7 Exhibit "C." Exhibit "C" attached hereto shall be designated as Exhibit "C" of the CC&R's. 2. Full Force and Effect. Except as provided herein, all terms and conditions of the CC&R's shall remain unchanged and in full force and effect. 3. Counterparts. This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed an original; such counterparts shall together constitute but one agreement. IN WITNESS WHEREOF, this Amendment has been executed on the dates set forth below. Carlsbad Ranch Company, L.P., a California limited partnership By: Carltas Company, a California limited partnership Its: General Partner CB Ranch Enterprises, a California corporation By: Christopher C. Calkins Vice President By: Carltas Management, a California corporation Its: General Partner By: Christopher C. Calkins President date: CARLSBAD ESTATE HOLDING, INC., a California corporation By:. Its: date: date: Gemological Institute of America, an Ohio non-profit corporation By:. Its: date: National Association of Music Merchants, a New York not for profit corporation By:. Its: date: ATTACH PROPER NOTARY ACKNOWLEDGMENT FORMS EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE SATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 1, 2, 3, 5, 6, 7 AND 8 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2) ACCORDING TO MAP THEREOF NUMBER 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON DECEMBER 28, 1993. LOTS 9 THROUGH 14, INCLUSIVE, OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 3) ACCORDING TO MAP NO. 13215, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JUNE 30, 1995. EXHIBIT "B" September 10, 1993 August 21, 1992 91010-06.LET BEST MANAGEMENT PRACTICES FOR THE ELIMINATION OF SURFACE POLLUTANTS FROM STORM WATER FOR CARLSBAD DISTRIBUTION CENTER IN THE C 3"TV C*~~"ft r Ur CITY OF CARLSBAD C.-VfE PREPARED BY Glenn Halmbacher Registered Civil Engineer Registered Land Surveyor SITE PLANNING CIVIL ENGINEERING LAND SURVEYING RECEIVED EP 2 -11993 OF CARL98ADCOUNTER September 10, 1993 August 21, 1992 91010-06.LET BEST MANAGEMENT PRACTICES FOR CARLSBAD DISTRIBUTION CENTER SITE DESCRIPTION: There are 2 existing office/manufacturing buildings and one proposed office manufacturing building on a 9.76 acre parcel with an imperviousness of 87%, The site drops 23 feet in elevation in over 1000 lineal feet from the rear the parcel out to Avenida Encinas. HYDROLOGIC CONDITIONS: All roof drains spill onto the paved parking lot. The site is completely surface drained via PC.C ribbon gutters or curb & gutter into an on site storm drain system, ultimately connecting to a public 36" CMP which carries the site and street storm water westerly under Avenida Encinas, dumping into the AT&SF right-of-way. PREVENTION: Practice everyday operational BMP's effective in preventing pollution and reducing potential pollutants at the source through employee education, proper cleaning, maintenance, handling and disposal procedures. LIST OF POSSIBLE BMPs FOR A PROGRAM SPECIFICALLY FOR THE SITE: 1) Require covers on garbage and outside mechanical equipment. 2) Sweep and vacuum parking lot. No washing. A) The pavement surface should be vacuum swept prior to the rainy season. 3) Clean catch basins. A) Sediments must be kept completely away from inlet before, during and after construction. B) Catch basins should be inspected and cleaned if necessary: 1) Once before the rainy season 2) Once after the first major storm 3) Once at the end of rainy season (to prevent slow loss of pollutants) 4) If light rains are frequent, monthly cleaning may be necessary. 4) Stencil signs on catch basins and interior walls of buildings regarding pollution control and elimination. Post information on bulletin boards. 5) Regularly check parking lot for excessive grease, oil or other fluids; determine source and correct (including employees' cars). September 10, 1993 August 21, 1992 91010-06.LET TABLE OF CONTENTS 1 ) BEST MANAGEMENT PRACTICES FOR INDUSTRIAL STORM WATER POLLUTION CONTROL by: SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM 2 ) POTENTIAL SOURCES AND POLLUTANTS STORM WATER MANAGEMENT CONTROLS NON-STORM WATER DISCHARGE ELIMINATION by: SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM 3 ) SOURCE CONTROL BEST MANAGEMENT PRACTICES by: STATE OF CALIFORNIA - STORM WATER BEST MANAGEMENT PRACTICES HANDBOOK STORM DRAIN INLET STENCILLING by: SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM 5 ) FORMS FOR ORDERING ADDITIONAL INFORMATION by: SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM 6) GLOSSARY September 10, 1993 August 21, 1992 91010-06.LET BEST MANAGEMENT PRACTICES FOR INDUSTRIAL STORM WATER POLLUTION PREPARED BY SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM A BOOKLET OF RECOMMENDED BPMs GLENN HALMBACHER, PE, LS (619) 598-5941 1120 SYCAMORE AVENUE #2B VISTA, CA 92083-7824 Best Management Practices for Industrial Storm Water Pollution Control Santa Clara Valley Honpoint Source Pollution Control Program CONTENTS ntroduction Part 1: Recommended BMPs Section Industrial Activity 1. Training and Education for Employees and Customers 2. Eliminating Improper Discharges to Storm Drains 3. Spill Prevention, Control, and Cleanup 4. Outdoor Process Equipment Operations and Maintenance 5. Outdoor Materials Storage and Handling 6. Waste Handling and Disposal 7. Vehicle and Equipment Washing and Steam Cleaning 8. Trucking and Shipping/Receiving 9. Fleet Vehicle Maintenance 10. Fueling Fleet Vehicles and Equipment 1 1. Building and Grounds Maintenance 12. Building Repair. Remodeling, and Construction Part 2: Advanced BMPs and Structural Controls Section Advanced or Structural Control 13. Loading Dock Design Features 14. Equipment Yard Design Features i 5. Fleet or Equipment Fueling Area Design Features 16. Access Roads and Rail Corridors 17. Onsite Storm Water Management 18. Redirect Discharge from Storm Drain to Sanitary Sewer 19. Storm Water Management: Hydraulic Controls 20. Storm Water Management: Water Quality Controls 21. Storm Water Management: Removing Oily Contaminants .-pared for the Santa Clara Valley NFS Program by Woodward-Clyde Consultants: L. D. Duke. J. A. Shannon. June 1992. Design and illustrations by John Finger. Finger .Art & Design. Storm water is a source of pollutants in San Francisco Bay. Storm drains carry runoff from streets, urban centers, industrial sites, and open spaces into streams, creeks, marshes, and Bay waters. Industrial operations are only one contributor to this problem, but they are known to be a source of heavy metals, oily wastes, and other substances. Manufacturing, shipping, and storage operations that are exposed to storm water can be sources of pollutants in storm water. Federal and state storm water regulations now require many kinds of industrial facilities to take steps to prevent storm water pollution. Your facility may need to be covered under the Regional Board's January 1992 Industrial Storm Water General Permit for the Santa Clara Valley. If so, you need to prepare a Storm Water Pollution Prevention Plan, or SWPP Plan, that is in part a collection of BMPs like the ones described in this manual. If your facility is not covered under the General Permit, you may still need to implement BMPs to comply with local pollution prevention requirements. Storm water pollution, unlike some pollution problems, cannot be covered by one set of rules that applies to all industrial facilities. Regulated industrial facilities in the Santa Clara Valley range from manufacturing facilities that cover several square miles to storefront distributors. Different plants can have very different storm water quantities, flow patterns, and potential pollutants. Even different facilities of the same general industry may need different approaches to preventing storm water pollution. The BMPs in this manual are recommended by the Santa Clara Valley Nonpoint Source Pollution Control Program to help you prevent storm water pollution; protect water quality in streams, the groundwater basin, and the Bay; and comply with storm water regulations. This manual is intended to help you identify and implement the best practices that are necessary and economically feasible for your facility to prevent storm water pollution. The BMPs include both operating practices and structural controls that can reduce the amounts of pollutants in storm water. You need to determine which of these may apply to your facility, and implement them as necessary. Specific regulations may vary from one municipality to another, so you should become familiar with local storm water ordinances in your community. This manual consists of two parts. The recommended BMPs in Part 1 are basic, everyday operational practices and relatively small structural or equipment requirements that can be effective in preventing pollution, reducing potential pollutants at the source. In many industrial facilities, storm water pollution can be prevented with common-sense precautions and modest changes in routine operations or maintenance practices. The numbered sections are keyed to some industrial operations that are common to many kinds of facilities. The sections describe BMPs that typically can be applied to the operations. These practices alone might be sufficient to control storm water pollution for some industrial facilities. In other cases, to prevent storm water pollution it will be necessary to establish new practices or build physical controls. Part 2 of this manual consists of "advanced management practices." The advanced BMPs require more costly or more intensive efforts to address pollutants that are not adequately controlled by the simpler operational BMPs. The advanced BMPs describe possible approaches if you need to go beyond the Part 1 BMPs. Part 1 of this manual contains BMPs that are recommended to control storm water pollution from particular industrial activities. Part 1 is divided into numbered sections. Each section describes industrial activities common to many kinds of industrial facilities, and contains a collection of BMPs tailored to that kind of industrial activity or operation. As a rule the recommended BMPs in this part of the manual are intended to describe "state of the practice." These are the preferred operational techniques that pertain to each of the industrial activities, recom- mended to control potential storm water pollution that could result from that activity. Many of these practices are straightforward housekeeping activities, and many may already be in place at your facility. In general, the recommended BMPs are pollution prevention measures: they are geared toward reducing pollutants at the source, preventing the release of potential pollutants to storm water. »he recommended BMPs are to be implemented on an ongoing basis for the indefinite future. Operators of industrial facilities in the Santa Clara Valley should expect to implement these BMPs or similar controls, wherever they would be effective at preventing pollu- tants from flowing with storm water from the site. Review your current operating practices and, where they differ from the Part 1 preferred BMPs, modify your practices and train your employees in the new procedures. You need to evaluate your own facility and decide what works best, because storm water pollution control practices take a number of forms, and may include a wide range of solutions that are not included in this manual. Storm water pollution control may be guided by three general principles: Prevent water from contacting working areas. Shipping areas, outdoor equipment, material storage areas, vehicle maintenance spaces, and working areas of all sorts are subject to contamination with raw aterials, process liquids, grease, oily wastes, heavy metals, and miscellaneous potential pollutants. If you prevent storm water, wash water, or water from other sources from contacting areas exposed to pollutants, you won't discharge pollutants into your storm drains. • Keep rainfall from directly contacting working areas, by installing roofs, placing structures, or moving industrial operations indoors. • Prevent run-on storm water from contacting industrial areas, indoors or out by using properly designed berms or grading. Run-on is water that flows across the industrial area. It picks up pollutants as it flows. • Avoid practices where you use water that later enters the storm drains—for instance, washing in outdoor areas. Most of these practices, including many that were acceptable in the past are now considered to be "illegal dumping" of non-storm water to the storm drain. Keep pollutants off surfaces that come into contact with water.f Evaluate your site carefully to identify all areas that are contacted by storm water, wash water, cooling water that is otherwise unpolluted, or other water that is allowed to be discharged to the storm drain. Then take special care to keep pollutants off these surfaces. That means controlling minor leaks and spills that you might otherwise overlook, and taking a close look at your operating routines and equipment to determine whether any substances are exposed to storm water that do not need to be. Manage storm water before it is discharged to the storm drain. If you can't avoid adding pollutants to storm water, you may need to remove pollutants to meet water quality requirements before discharge. Storm water control regulations, and this manual, consider treatment as a last resort and emphasize source control options because they are usually less costly and more effective in the long run. In this manual, treatment measures appear only under Advanced Management Practices. 1. Training and Education for Employees and Customers Successful storm water pollution control relies in large part on proper training and education of employees. Many of the recommended BMPs in this part of the manual identify specific training needs for employees who conduct the activities. Train your employees in best management practices for storm water pollution control. Train employees in these BMPs because a single employee's mistake or misunderstanding at the wrong time, in the wrong place, can lead to a costly pollution incident. When you have selected the BMPs that apply to your facility, add training in the BMPs to your regular employee training procedures. Train employees to routinely inspect industrial activities and equipment that may be exposed to storm water. A once-a-week walk-through can help identify potential difficulties before they become major problems. Inspect structural BMPs to be sure that they continue to function properly. Continue your training procedures in the future. Assign experienced workers to train new employees. Review procedures as a group at least once a year. You can coordinate this with worker safety training programs or "worker right-to-know" training for hazardous materials. Periodically check employees' work practices to be sure the BMPs are implemented properly. Post informational and reminder signs, such as: proper equipment wash procedures at designated washing areas; "Close the cover" signs at dumpsters and other storage areas; and others. Stencil "No dumping! — flows to Bay" messages at storm drains. (Stencils are available from the NPS Program.) Provide general information as well, because em- ployees often respond best if they understand why they are being asked to conduct a new procedure. Employees' suggestions in return can help identify cost-effective storm water controls for your facility. Provide positive feedback so employees understand the difference they each make in protecting the Bay. Emphasize the importance of keeping pollutants out of the storm drain, because the drains flow directly to streams and the Bay without benefit of the wastewater treatment that the sanitary sewers receive. Educate plant personnel about the harmful environmental effects of improper disposal of materials into the storm drain, so they understand the importance of preventing storm water pollution. Also, educate employees on what they can do at home to reduce storm water pollution in the Bay. Public information pamphlets are available from your municipality or the NPS Program — see the back cover. If you subcontract for small construction jobs or other work on your premises, write contracts with your BMPs as conditions. Provide contractors with proper disposal options for wastes. Monitor contrac- tors to be sure they comply with your BMPs. To keep abreast of new developments, participate in workshops, trade association meetings, and seminars. Trade association publications can be valuable sources of information. Modify your practices whenever you find a new idea that serves your shop better. If you serve customers at your facility, be aware of customer activities onsite. If they dispose of materials improperly, you will be responsible for the violation. Ask your customers not to discard liquids into your trash cans or storm drains. If you have persistent problems, you may need to monitor your customers more carefully at trash cans, storm drains, and other potential disposal areas on your property. Let your customers know how you are minimizing wastes and recycling fluids to show that you are a "good neighbor," and encourage your customers to be the same. Showing clients what you are doing to protect the Bay is good public relations. Some busi- nesses make the customer aware of their environ- mental requirements by including a modest envi- ronmental compliance fee, itemized on customers' billing statements, to cover handling and disposal costs for hazardous materials. Label storm drain inlets so employees do not dispose waste there. 2. Eliminating Improper Discharges to Storm Drains The Industrial Storm Water General Permit generally prohibits discharges of anything but storm water to the storm drains. There are many ways in which non- storm water from industrial plants can enter the storm drainage system. In most cases, the discharges result from practices that are now illegal, even though they may be inadvertent or may have been permissible in the past Industrial process water, building wastewater, and water from other sources are prohibited, with a few exceptions described in Table 1. Inspect your facility and yard to be sure no unauthorized discharges enter your storm drains. Unauthorized discharges take two forms. Illicit connections are improper permanent connections that allow wastewaters to enter storm drains, including some that may have been allowed in the past Connec- tions that allow sanitary or process wastewater to enter the storm drain are prohibited, including all storm drain connections from indoor drains or sinks. More information on identifying and removing illicit connec- tions is available in the Santa Clara Valley NFS Pro- gram's Guide to Compliance with the General Permit illegal dumping is water that has been exposed to industrial activities, and then released to the properly- connected storm drainage system. Pollutants may be introduced to storm drains inadvertently, by routine practices that discharge water outdoors: or by routinely discharging wastes, wash water, and other materials to storm drains, catch basins, and other conveyance facilities either on your property or in the street. A large part of this improper discharge results from employees' lack of understanding, coupled with a lack of readily-available proper routes for the discharge. You need to make a long-term ongoing effort to assure that no illegal discharges will occur. This requires continuing observation to identify potential sources of intentional or inadvertent improper discharges. Discontinue or re-route the water from those activities. Continuing employee training will be needed. Measures to help prevent illegal discharges include: • Provide well-marked proper disposal or collection methods for waste water wherever you frequently use wash water, discharge cooling water, or produce a liquid waste that might otherwise reach the storm drain. • Employee training should especially emphasize proper disposal of non-storm water (see Section 1). Educate employees to understand that storm drains connect directly to streams and the Bay without treatment. • Label all storm drain inlets and catch basins "No dumping—flows to Bay" so employees will know which inlets are part of the storm drain system. • Periodically inspect and maintain storm drain inlets. Clean out catch basins so that accumulated pollutants do not wash down the storm drains. Table 1 is a summary of a 3-page table included in the Storm Water Industrial General Permit for the Santa Clara Valley. The table identifies some common sources of water in industrial plants that can enter storm drains. For each source, the table lists the preferred disposal option for facilities in the Santa Clara Valley. For water that is allowable for discharge to the storm drain, Table 1 lists conditions or restrictions on discharge. A few discharge categories of special interest are: • Cooling tower condensate for industrial process water must be discharged to the sanitary sewer, with the appropriate permits. • Internal coolant for refrigeration or building air conditioning is prohibited from the storm drains. • Building air conditioner condensate may be discharged to the storm drain only if it is not treated with algae inhibitors, corrosion control chemicals, or other additives. Do not allow it to run across parking lots or other paved surfaces that may be contact pollutants on its way to the storm drain: use a pipe or trough to direct the flow. In most Santa Clara Valley cities, the preferred course is to discharge to the sanitary sewer. (Some cities have made this a legal requirement) Table 1. Preferred disposal options for water discharges Water source Industrial process wastewater Non-contact cooling water • Uncontaminated* • Contaminated Industrial cooling equipment condensation • Uncontaminated* • Contaminated Building air conditioner condensation Building air conditioner coolant • Uncontaminated* • Contaminated Storm water in outdoor secondary containment • Uncontaminated* • Contaminated Storm water from outdoor material storage • Covered • Open Roof drain water Industrial equipment wash water Vehicle maintenance wash water One-time vehicle wash water Wash water from paved walkways in commercial and business districts Commercial exterior building wash water Landscape irrigation Potable water and potable line flushing Fire fighting flows Preferred disposal option Sanitary sewer Onsite reuse Storm drain if reuse is impossible Sanitary sewer Storm drain Sanitary sewer Storm drain (if city allows) Storm drain Sanitary sewer Storm drain Sanitary sewer No discharge Storm drain Storm drain if no pollutants Sanitary sewer Sanitary sewer Storm drain (See Section 7) Storm drain Storm drain Storm drain Storm drain Storm drain Restrictions or permit needed POTW permit Storm water NPDES permit POTW permit Storm water NPDES permit Must be tested and shown to be Uncontaminated. POTW permit Some localities require discharge to POTW with permit Storm water NPDES permit POTW permit Test to determine contamination. POTW permit Possible options for reuse or recycle Reuse in-plant whenever possible. Reuse in closed-loop cooling system (cooling tower). Treat and reuse Hold and apply to landscape Reuse in-plant whenever possible. Pump and apply to landscaping. (See Section 5) Zero contact with storm water. Water quality inlet or similar treatment (See Section 20) Storm water NPDES permit Roof vents may be source of pollutants. See BAAQMD air emissions regulations and Section 4. POTW permit POTW permit Water only (no soap or solvents) Sweep sidewalks before washing. No cleaning chemicals may be used. Filter prior to entering catch basin. Reuse in-plant whenever possible Capture and reuse for washing Minimize water prevent flow across paved area. Minimize water use and direct to landscape.** Minimize water use and direct to landscape.** Minimize water so none runs off.** Must be dechlorinated*** Block downstream channels to detain for testing as hazardous waste. Source: Storm Water Industrial General Permit for the Santa Clara Valley, Regional Water Quality Control Board /S. F. Bay Region, January 1992. POTW permit Permit to pretreat and discharge is required from your wastewater authority (Publicly Owned Treatment Works) BAAQMD: Bay Area Air Quality Management District * Biocides, corrosion inhibitors, or other additives are contaminants from a storm water point of view. ** Must comply with local water use restrictions during drought conditions. *** Potable water, swimming pool water and other chlorinated sources must be dechlorinated by aeration, retention, or chemical additives to a "no measur- able chlorine" standard before reaching receiving water. If the water is not dechlorinated it must be discharged to the sanitary sewer under a POTW permit. 3. Spill Prevention, Control, and Cleanup .nail spills can have cumulative effects that add up to a significant source of potential pollutants in your storm water discharge. The best approach by far is to prevent spills and leaks: maintain a regular inspection and repair schedule, and correct potential spill situations before a spill can occur. Some prevention techniques are described in Sections 4, 5, and 6. When a spill does occur, quick and effective response is the best way to prevent pollutants from reaching storm water. Prepare a set of well-defined procedures for responding to a spill of any liquids in an area that might be exposed to storm water. The procedures can be specific for your facility, and should consider all circumstances from small, minor releases that can be easily handled to a large emergency spill — including who to call to respond to the situation before it gets out of hand. Train employees in the procedures (Section 1). The basic procedures should emphasize that spills be cleaned up promptly, not allowed to evaporate. Otherwise, pollutants remain on the pavement and •y be washed to the storm drains with the next .n. or will remain in the soil to become a possible groundwater pollutant If the spill is on an unpaved surface, determine whether you need to remove the contaminated soil to prevent it from being a source of future storm water pollutants. Also, the standard procedures should specify cleaning up leaks, drips, and other spills without water whenever possible. Do not use a hose or wet mop to clean up a spill area. Hosing may remove the spill from the immediate area, but does not keep the pollutant out of the environment On the contrary, it adds to the volume of the spill and spreads the spilled material around a larger area. If you handle hazardous materials, spill prevention and response procedures are described in your haz- ardous materials management plan, filed with your fire department or other hazardous materials ("Haz- Mat") authority (see Section 6). If a spill occurs, notify the authorities as required in your emergency response plan. Contain and collect the spilled sub- stance, then dispose of the substances and any con- '--ninated soil in compliance with hazardous aerials regulations. Small spills are those which can be wiped up with a shop rag. Don't put wet rags in the dumpster with the shop trash: store them in a covered rag bin, of the kind used at auto service stations. Avoid paper towels. You can avoid making this a waste stream by sending used rags to a professional cleaning service. (You need to inform your cleaning service of what the shop rags have been used for.) Do not saturate rags with gasoline, solvents, or other volatile liquids. Medium-sized spills are too large to wipe up with a rag and require more attention. Contain and soak up the liquid using dry absorbent material such as ver- miculite, specially-prepared sawdust, or "cat litter." Absorbent "snakes" may be used as temporary booms to contain and soak up the liquid. Sweep up the used absorbent and snakes and dispose of them appropri- ately: with the shop trash if non-hazardous, with the hazardous wastes if necessary. Another convenient option is to use a wet/dry shop vacuum cleaner to collect spills, and dispose of the liquid with your liquid or hazardous wastes. Do not use vacuums for gasoline, solvents or other volatile fluids, because the enclosed vacuum may become an explosion hazard. Larger spills must be contained, then cleaned up. For spills of food waste or other non-hazardous liquid, take steps to contain and clean up the liquid, and minimize the wash water used in cleanup. Shut off or plug storm drain inlets or sewer inlets where the spill may enter. If necessary, keep temporary plugs on hand to fit your inlets and train employees in when and how to use them. For hazardous materials spills, implement your emergency procedures and alert your HazMat authority. 4. Outdoor Process Equipment Operations and Maintenance Storm water from your site can accumulate pollutants by exposure to numerous small leaks, spills, and other discharges of outdoor equipment. Large equipment may require specially-designed structural or advanced BMPs to reduce the potential for storm water to contact pollutants. Ordinary precautions, such as those below, may suffice for smaller equipment As a first step, identify all equipment at your site that may be exposed to storm water, or may discharge potential pollutants that may be exposed to storm water. Identify the kinds of pollutants each piece of equipment may generate — lubricants, coolants, and other possible sources of leaks or discharges. Be creative and thorough in developing your list. The inventory should include rooftop cooling towers or air conditioners: rooftop air vents for industrial equip- ment: outdoor air compressors and other service equipment: indoor wet processes where leaks or dis- charges may discharge to outdoor areas: and material transfer areas, such as loading areas where forklifts or trucks may carry pollutants outdoors on their tires. Using the equipment inventory, assign an employee to inspect each piece of equipment on a regular basis to see that it is functioning properly. This could be the employee responsible for operating the equipment if it is used regularly, or may be a maintenance staff member for equipment on the roof or in seldom-seen places. Inspect for leaks, malfunc- tions, and staining on and around the equipment, and other evidence of leaks and discharges. Assign the inspecting person to be responsible for reporting a spill. Develop a routine for taking actions on the report: cleaning up the spill, and repairing the leak to prevent future spills. modifications to prevent storm water from contacting the equipment or its discharges. Place equipment on an impermeable surface, or install a drip pan beneath potential leak points. To minimize the amount of rainwater that contacts the equipment, you may construct a simple roof and install a berm to prevent run-on and runoff. If the equipment requires a "wet" process — that is, operations inevitably releases wash water or process liquids — place it on a paved surface and install a connection to the sanitary sewer. Check with your municipality or wastewater authority to identify appropriate permits. Air compressors and other equipment sometimes produce small quantities of automatic blowdown water, which commonly contains lubricating oil or other potential pollutants. This may not be discharged to the storm drain. Connect the blowdown to the sanitary sewer. Or, if the compressor has a frequent small bleed, place a drip pan or catchment to collect the water — do not let it soak into unpaved surfaces or run off paved surfaces. Condensate on exterior surfaces of compressors, building cooling equipment, and other machinery need not be collected for discharge to the sanitary sewer, but may be directed to the storm drain. Prevent buildup of puddles or pools of condensate under the equipment: route it to a storm drain so it does not pick up pollutants while it flows across your site. Where possible, take the next step toward full pollu- tion prevention and make Keep drip pans under outdoor equipment to contain drips and leaks, especially during maintenance. 8 5. Outdoor Materials Storage and Handling ii you handle bulk solid materials outdoors, keep them covered, in appropriate containments, and protected from storm water. Apply this policy for raw materials, products, by-products, and construction materials or supplies. Materials of concern include gravel, sand, lumber, topsoil, compost, concrete, packing materials, metal products, and others. Store the material in one of these ways: • The preferred method is storage on a paved surface with a roof or covering so that no direct rainfall contacts them, and with appropriate berms or mounding to prevent run-on of storm water. Roofs are required by most municipalities for new facilities. • Where a roof is not feasible, store on a specially constructed paved area with a drainage system. Pave the area with a slope of about 1.5% to mini- mize water pooling. Prevent runoff and run-on with berms or curbing along the perimeter. For many materials, the preferred alternative will be the installation of no drain and the testing and pumping of ponded water to the sanitary sewer, a treatment sytem, or offsite disposal as appropriate. Discharge to the storm drain is not allowed for many materials. • Where a drain is allowed, install longitudinal drains that lead to treatment facilities or water quality catch basins along the lower edge of the pad. You may need a permit from your wastewater authority to discharge to the sanitary sewer, or may need the Regional Board to allow special provisions in your storm water NPDES permit (the General Permit). • As a temporary arrangement, place the material on a paved surface and cover it with plastic sheeting, secured with weighted tires or sand bags. If possible, choose a mounded or bermed area that will prevent run-on of storm water through the material. Move the materials to a permanent storage place as soon as possible. Parking lots or other surfaces near bulk materials storage facilities should be swept periodically to remove fines that may wash out of the materials, which '1 otherwise wash away with storm water. Larger -alk material storage facilities will need more extensive structural controls designed for the specific facility and material. Hazardous materials need to be stored in accor- dance with federal, state, and local HazMat require- ments. The requirements are generally more than adequate to prevent storm water pollution — for instance, HazMat secondary containment may have no drain. If you store liquid containers, implement a plan and a design to control unexpected leaks and spills so the liquid does not reach storm drains or surfaces that will be exposed to storm water. If you store hazardous materials, the spill prevention plans required by your HazMat authority are adequate to ensure storm water protection. Non-hazardous materials storage should also incorporate spill control designs and procedures. Select a storage method appropriate for the type of material. Keep liquid tanks in a designated area on a paved impermeable surface and within a berm or other secondary containment Keep outdoor storage containers especially in good condition. Inspect containers regularly for damage or leaks, as described "Doghouse" sheds are one way to keep storm water away from barrels and materials kept outdoors, and provide spill control at the same time. * in Section 4. Clean up any leaks or spills immediately (using dry methods, described in Section 3), and . repair the leaks promptly. If the materials frequently leak during transfer, or the materials generally cause a wet environment when using or storing them, the area may need to be con- nected to the sanitary sewer (permitted by your wastewater authority), and should be covered and bermed to minimize contact with storm water. Some localities require that secondary containments be connected to sanitary sewers, and prohibit any hard-plumbed storm drain connections within the secondary containment On the other hand, large storage facilities and tank farms that have high-capac- ity bermed areas may receive rainfall over a wide area, and much of it may not contact the tanks or equip- ment; these might be better-served by a storm drain. As a rule, large facilities like this need site-specific storm water pollution prevention designs. For smaller storage tanks, storage in roofed areas can prevent all contact with storm water (in combination with well-designed spill control procedures). Store liquids in a shed where one is available. New sheds, even if temporary, can be costly because of building permits and fire-code requirements. A possible option is the "doghouse" design used by some firms (illustrated). The roof and flooring prevent contact with direct rain or run-on storm water. Since it has only two walls, most fire departments do not require sprinklers. The flooring is wire mesh above secondary containment, so most HazMat authorities accept the structure for storing hazardous materials. (A permit may be required by local building or planning departments.) Storm water in secondary containments often accumulates from direct rainfall into open contain- ments. Water that has contacted storage vessels, or the pumping and transfer equipment associated with storage and handling, is considered to have contacted industrial activities and may not be discharged to the storm drains. You may wish to roof the containment to avoid this problem. If that is not possible, or you wish to avoid the cost, you need to identify an acceptable disposal for water from the containment. One common solution is a portable pumping system that can be moved to accommodate separate containment structures on your site. The equipment can pump water into a truck or portable temporary holding tank. The water then can be tested and disposed according to whether any pollutants are present. Some disposal options are: • If it meets criteria to be defined as hazardous waste, employ a certified hazardous waste hauler for disposal at a permitted hazardous waste facility. • If it contains constituents similar to process waste- water for which your onsite wastewater pretreat- ment facilities are designed, pretreat the water and discharge to the sanitary sewer. • If it meets standards for your industrial discharge permit, discharge it to the sanitary sewer without pretreatment (if your wastewater authority permits). • Reuse it on your site in an appropriate manner industrial process water, equipment wash water, steam cleaning makeup, or another use where the water will eventually be discharged as industrial or sanitary wastewater. You may need to invest in a truck or plumbing to convey the water to its reuse location. • If it is free of hazardous constituents, use it on your facility grounds for landscape watering. Don't apply the water to landscaping if hazardous pollu- tants are present — even if not concentrated enough to be hazardous waste — because the pollutants may accumulate in the soil or vegetation, and create a health hazard over the long term. 10 6. Waste Handling and Disposal Table 2 summarizes the preferred storage and disposal actices for some common industrial facility wastes, for many wastes, reusing or recycling is the most cost- effective means to prevent potential pollution. Fluids that you hold for recycling are special categories of hazardous waste. You may store them on your site only for short periods, in accordance with hazardous waste requirements, but they can be transported under somewhat less stringent requirements than other haz- ardous wastes. Many recycling services have special variances or permits that reduce your paperwork requirements and allow shipping at reduced cost. Keep general shop trash in a dumpster with the lid closed. Put the dumpster in a paved area, not on un- paved soil or your lawn. Keep the area clean by picking up dropped trash and sweeping the area regularly (perhaps once a week), but don't use a hose to clean up — keep water off the area. Nearly all dumpsters and trash compactors leak; keep liquid wastes out of them, and keep them closed to keep storm water out If you can't prevent leakage from trash containers, in- stall a roof or lean-to that keeps direct rainfall off, and place asphalt curbing or berms around the dumpster contain the leaks. (Check with your local agencies .d comply with fire codes and building permits.) If you store scrap metal or odier materials outdoors, keep them under a roof, cover, or tarpaulin. Keep scrap parts or odier used metals indoors. Oils and odier potential pollutants can wash off long after you think the parts have been washed clean. Collect waste metal, such as used parts and metal lathe filings, for delivery to a scrap metal dealer. If you store empty drums outdoors, do not hold them longer than necessary. Ship them to a drum reconditioner or another facility. • Drain them completely to avoid spills. • Seal diem properly watertight, to keep storm water from entering; odierwise, the water would become a process wastewater, and can't be dumped to the storm drain. Store and handle hazardous wastes properly. Hazardous materials or wastes are not a storm water problem if they are handled in accord with state and federal regulations, and die requirements of your local HazMat control authority. Keep hazardous waste and materials indoors or under cover in a locked area, to keep nighttime trespassers away. Store diem before disposal in special hazardous waste containers, or closed drums within a secondary containment tiiat is approved by your HazMat authority. Table 2. Preferred waste handling & disposal methods Recommended storage Preferred disposal Hazardous waste? General plant wastes Liquid wastes Liquid containers Vehicle wastes Used parts: clean metal scrap Used oily parts, contaminated Metal shavings Used rags Soiled cleanup absorbent Coolant from air conditioner or refrigeration equipment Paints* Waste lubricating oil Solvents, thinners. and miscellaneous fluids* Empty drums Empty cans, bottles. aerosol cans, etc. Waste motor oil Brake fluid, gear oil. hydraulic fluids, etc.* Antifreeze Batteries Tires Oil filters Bin (covered or indoors) Drum ' Bin (covered or indoors) Rag bin with lid Drum Recycling machine Original container, with lid Drum (segregate) Tank ("hot" waste) (Segregate different fluids to make recycling possible) Indoors or under cover Drum Drum (segregate) Bottle or tank ("hot" waste) Tank (segregate) Open rack Covered or indoors Drum (drain first) 'nused pun product may sometimes be returned to Hie vendor rather than disposed as uxtste. Scrap collector Hazardous waste hauler Scrap collector Rag laundry Hazardous waste hauler Reuse in-house (HVAC service company) Hazardous waste hauler Oilrecycler Solvent recycler (where possible) or waste hauler Drum reconditioner Municipal trash or hazardous waste hauler Oil recycler Hazardous waste hauler Recycler Battery supplier Tire hauler Oil recycler No Yes No Possibly Yes No Yes Special** Possibly Possibly Special** Yes Special** Special** No Special* * * Recyclable under special hazardous materials restrictions. 11 In most cities of Santa Clara County, the municipal fire department is the HazMat authority that controls . hazardous materials storage, handling, and response. Some locales contract with the Central Fire District or the County Health Department. For information about handling solid wastes that might be controlled under hazardous waste regulations, contact the County's Environmental Health Department or Cal-EPA's Toxic Substances Control Division. (See the rear cover for a list of regulatory agencies.) Empty containers such as storage barrels, oil cans, paint buckets, aerosol cans, and similar containers are hazardous wastes if they once held hazardous materials. You may not discard these with the regular trash. They must be stored properly so they do not leak outdoors. Some drum suppliers accept empty drums for reuse, under less-stringent hazardous material recycling regulations. Vehicle maintenance waste materials often deserve special attention. Waste oil, antifreeze, spent solvents, and some other liquids can be recycled. Spent batter- ies may not be discardaj with trash, but must either be disposed as hazardous waste, or returned to the dealer from whom you purchased them, for reclamation and reuse. Guidance on handling vehicle wastes may be found in the Automotive Industries BMP manual, avail- able from the NFS Program and listed on the rear cover. 7. Equipment Washing and Steam Cleaning Wash water for industrial equipment in most cases must be discharged as process wastewater to the san- itary sewer, and is not allowed in storm drains. To clean dirty, greasy field equipment or trucks you must install equipment to capture, pretreat. and dis- charge the wash water to the sanitary sewer as indus- trial process waste. It may be less costly in the long run to locate a commercial car wash which has all the appropriate equipment and municipal permits, and to contract with them for washing services offsite. If you wash vehicles or equipment on your site, you may do so only in a designated area, designed and equipped as follows: • Pave the area. • Mark the area clearly as a wash area, and be sure all employees know they mu5t,wash in this area only. Post instructional signs that prohibit changing vehicle oil, washing with solvents, and other activities. • Install sumps or drain lines to collect wash water for treatment and discharge to the sanitary sewer reuse (for repeated washings); or recycle (used elsewhere onsite). • If the equipment is a continuing source of grease or heavy dirt, cover the area to prevent contact with rain water when not in use. • Grade or berm the area to prevent storm water from running on. • If possible, wash inside a building designed for maintenance or equipment storage. Ensure that all drains connect to the sanitary sewers. Steam cleaning should be done on your site only if you are equipped to capture all the water and other wastes. All the washing requirements above apply to steam cleaning as well. Steam cleaning wash water is prohibited from storm drains; requires a permit from your wastewater authority — including pretreatment requirements, such as an oil/water separator; and may require you to determine whether it is a hazardous waste treatment unit. If you steam clean, do it indoors or in a specially-prepared outdoor working area where you collect the wash water and treat it for discharge. 12 S. Trucking and Shipping/Receiving . uck loading and unloading are potential sources of pollutants when rainfall and run-on contact spilled raw materials, dust, and motor fluids that accumulate in this heavy-traffic area Load and unload raw materials, products, and other materials only at designated loading areas. In that way, you can isolate the potential source to areas that you can control, rather than unspecified areas throughout your site. The best areas from a storm water point of view are indoor bays. For facilities that must use an outdoor loading dock, some operational BMPs and simple design features can control storm water pollution. • Cover the loading dock area with a roof overhang, or use a door skirt that fits snugly to both the building door and the truck door. • Install curbs or berms around the loading area to prevent storm water from running on and any spilled material from running off. Accumulated liquids should be pumped out with a portable pump to the sanitary sewer unless concentrations exceed allowable limits. In those cases the material must be treated or shipped offsite. • Designate the person who accepts the shipment, the truck driver, or someone else to check under the truck for leaked motor fluids, spilled materials, debris, and other foreign materials. • If you own and operate the truck, make the driver responsible for identifying and reporting the spill — large or small. • If you receive shipments from trucks operated by others (a trucking company or suppliers' trucks), i.e., the drivers are not your employees, have the person who signs for delivery responsible for inspecting for spills, leaks, and debris before the trucks leave. • Detail a procedure so that a maintenance crew cleans up spilled materials promptly. • If you have a small company that cannot spare a crew, make the driver responsible for cleaning up after unloading or before departing with a full load. • If you identify the loading dock as a significant source of potential pollutants in your SWPP Plan, implement further control measures such as those described in Section 13. If you load or unload liquids, you need further operational precautions and the loading dock needs further design features. If you handle hazardous materials, all the features you need are probably in place as part of a spill control and response plan. If they are not, you should select structural BMPs such as those described in Section 13. Parking lots and access roads are sources of poten- tial pollutants from the trucks themselves and from possible spills or leaks of the materials being trans- ported. If you are re-grading roads and parking lots, or if you transport materials that you expect to be signifi- . T*->Vi Xv W'^NhSk m water runoff from industrial roofs, trucks, parking lots, and yards flows into storm drains and directly into streams and die Bay. It never receives treatment that would remove pollutants. 13 cant sources of potential storm water pollutants, follow the structural BMPs recommended in Section 16. For existing facilities, especially smaller parking lots and short driveways where no hazardous materials are transported, you can effectively prevent storm water pollution by implementing routine maintenance activities, such as: • Visually inspect your access roads and parking lots regularly to identify and clean up spills. • Remove solid debris as soon as operations permit • Clean up liquid spills promptly, as if they were on your shop floor. Conduct street sweeping-style cleanups periodically to remove loose debris, small amounts of spilled raw materials, road dust, and other potential pollutants. • Smaller spaces can easily be swept by hand. • Do not hose off paved surfaces. • For larger spaces, use a vacuum truck or mecha- nical sweeper (that collects solids, not just brushes them aside). Whenever possible, do not use a wet-washing street sweeper unless you can collect the polluted wash water. • Private corporations or your municipality might perform the work on a contract basis so you need not purchase the truck. During the dry weather season, the appropriate fre- quency of sweeping for your facility depends on how heavily the road is used and the kinds of materials you transport. Some signs that you need to sweep more frequently: • If your trucks commonly spill or drip bulk materials. • If you notice debris or other materials accumulating on the access roads. The correct frequency is the one that prevents unwanted materials from accumulating. During the wet weather season, emphasize sweeping at times that will best prevent storm water from contacting potential pollutants: • Clean the area once thoroughly in the fall, before the wet weather season begins. • After that, you may stay close to your dry-season needs for debris removal, but add an additional thorough cleaning before a major rainfall (half an inch or more of rainfall forecast). Dispose of the cleaned-up material with your regular facility trash if there are no hazardous materials. If you suspect it may be hazardous — if you handle hazardous materials, or if you know of a significant motor oil leak, for example — you should test the material or dispose of it with your facility's hazardous waste. You could face substantial penalties if you improperly dispose of hazardous waste. If you park trucks or heavy equipment onsite, inspect the parking area for leaks of oil and motor fluids and design a procedure to report them, clean them up, and repair the leaking vehicle. Some practical techniques include: • Designate consistent parking spots for each vehicle so that if a leak is indicated on the ground, the truck can be identified and repaired. • Designate a responsible person to check under a vehicle for leaks or spills. If you employ drivers, the driver could be responsible as part of a vehicle check before driving. • Clean up spills promptly, using dry cleanup procedures described in Section 3. Conduct the preferred cleanup procedures for unpaved as well as paved areas. • Develop a reasonable procedure for identifying, reporting, repairing, and cleaning up leaking motor fluids and spilled materials. Make sure employees are fully trained in the procedures: who is responsible for checking each truck, who should be notified, and who should respond. 14 9. Fleet Vehicle Maintenance 'Tie Automotive BMP manual prepared by the Santa ara Valley NFS Program addresses automotive and vehicle repair facilities. You should implement the BMPs in that manual if vehicle maintenance is a potentially significant source of pollutants on your site. Sections 9 and 10 of this manual merely summarize some of the appropriate BMPs for fleet maintenance at an industrial facility. Whenever possible, perform vehicle maintenance in an indoor garage, not in outdoor parking areas. If you change oil and do other routine engine work outdoors, you need to create a designated area for vehicle maintenance. Keep the area clean as if it were part of your shop floor and use dry cleanup practices. The area should incorporate some specific design features, as described in Sections 14 and 15. Some operational methods also can be successful at preventing storm water pollution at vehicle maintenance areas. A few suggestions: • Keep equipment clean; don't allow buildup of grease and oil, which will wash away when the equipment is exposed to rain. • If you work on vehicles outdoors, keep drip pans or containers under the vehicles at all times while you work on them — leaks and spills occur unexpectedly. Place drip pans under vehicles as soon as you detect a leak. • Drain fluids from any retired vehicles kept onsite for scrap or parts. Out-of-service vehicles you intend to restore and vehicles being held for resale should be checked periodically for leakage. • Don't change motor oil or perform vehicle or equipment maintenance in the parking lot or storage yard; use the vehicle maintenance area. Don't allow customers or employees to change their personal vehicles' oil in your vehicle service areas. Vehicle parking or storage yards need to be operated with some similar precautions: • Inspect equipment in the yard for fluid leaks regularly — perhaps with a walk-by inspection for ground staining every day, and a closer visual inspection once a week. • Keep the equipment yard clean and clear of debris, using dry sweeping methods as in Section 8. Do not hose off the area or wash with water, because any runoff becomes an illegal discharge to the storm drain. • Maintain the yard's storm drain inlet(s) with special care. Clean them on a regular schedule and also after large storms. Pay attention to the kinds of potential pollutants that accumulate, so you can identify the sources and take measures to control the sources. 10. Fleet Vehicle and Equipment Fueling If you have a vehicle fueling area it should be designed and operated to minimize spilled fuel and leaked fluids coming into contact with rain water. This section describes general principles, but simple operational controls may not be adequate for an industrial fueling facility. You may need to re-design your fueling area or install structural controls. Section 14 describes some general design approaches that may be useful in your eventual complete Storm Water Pollution Prevention Plan. In the near term, steps you can take for proper operation of a fueling area include: • Use a paved area or provide a concrete slab for the fueling area — never place it on open ground. Concrete is preferred because fuel and oils cause asphalt to deteriorate. • Clean up gasoline overflows and spills using dry methods as in Section 3. Do not allow spills to run off or evaporate, and do not flush the spill away with a hose. Spread absorbent material, sweep it up with a broom, and dispose of it as a hazardous waste. • Post signs that instruct pump operators not to "top ofr or overfill gas tanks. Keep dry cleanup materials in the fueling area, and instruct employees in the dry clean up methods described in Section 3. Assign someone responsibility to check the area every day for gasoline, motor oil, or other fluids that may have leaked. • When you do routine cleaning, use a damp cloth on the pumps and a damp mop on the pavement rather than spraying with a hose to minimize clean water to the sump. 15 The main concept is to respond properly to fluid leaks in this spill-prone area. Even very small spills, when they happen every day, add up to a lot of fuel in the drainage system. This is an improper discharge that is illegal under the General Permit Small spills do not present a problem if the fueling area is designed to handle spills — that is, if no storm water contacts it. and if it drains to a sump. But if the area drains to a valved-off storm drain or sewer connection, it must be pumped out before the valve may be opened during a rainfall. Fuel tanks, including temporary tanks, need to be permitted by your HazMat authority. They will specify design features such as size of containments. Keep temporary fuel tanks in a bermed area that has an impervious lining, such as concrete or a heavy-gauge plastic liner. A catch basin helps keep debris and sediments out of the storm drain, but needs to be cleaned out periodically. 11. Building Maintenance and Grounds Upkeep Building maintenance and general outdoor cleanup should use the same principles as parking lot cleanup and spill prevention: clean up without water whenever possible, by sweeping or wiping; wash with as little water as possible; prevent and clean up spills; and clean up debris and solids so they do not reach the storm drains. Arrange rooftop drains or downspouts so they don't drain directly onto paved surfaces. Connect them directly to a storm drain instead. Alternately, allow water to flow onto a grassy surface, if the grassy area is large enough that it can accept the roofs entire runoff from a medium-sized storm — that is, no water runs across the grassy area into a paved area except in the largest of storms. Maintain the storm water conveyance system on your property. The "conveyance system™ may be as simple as roof downspouts and a gutter in your driveway, or may be an extensive system of inlets, ditches, drainage channels, and underground lines. Keep all parts of the system clear of debris to avoid blockage that may cause storm water to back up. Remove from the system any spilled or leaked materials that can be transported by storm water. Clean the storm drain inlets to remove sediment and debris at least twice a year — late in the dry weather season before the first storm, and after the first major storm of the wet weather season. After each large storm, inspect the inlet; remove debris; and determine whether you need to remove sediments or do other maintenance. The storm drain inlet may have a catch basin: a below-grade chamber where the storm drain pipe connects. Catch basins are intended to collect debris and sediments to prevent clogging the lines. There- fore, the catch basins themselves must be cleaned out periodically to prevent flooding. If you clean catch basins annually, shortly before the wet weather season, you can keep them flowing freely and remove leaves, sediments, and other materials that would otherwise be washed down the storm drain. Don't flush the catch basin with water use a shovel or vacuum device to remove the materials. Other useful design features, such as vegetated ditches and water quality improvement inlets, are described in Sections 19, 20, and 21 as advanced BMPs. 16 12. Building Repair, Remodeling, and Construction This section describes some relatively simple BMPs that apply to minor building repairs, remodelling, and minor construction projects at an industrial facility that involve "industrial activity exposed to storm water." Larger-scale projects, such as construction of new facilities, are covered under a separate General Permit for construction. These require more extensive storm water pollution prevention measures than described here. A separate BMP manual for construction activities is available from the Santa Clara Valley NPS Program. (See rear cover.) The same practices are recommended for construction activities on industrial sites. Before you begin a con- struction or repair project, review the Construction BMP Manual to identify and implement the appropri- ate practices. If those BMPs do not apply, or are unduly elaborate for a simple construction activity that will be completed in a short time, consider the BMPs described in this section. >re building materials under cover or in con- uiined areas, using BMPs discussed above, in Section 5. For outdoor storage at a construction site, select a pollution prevention method such as: • Put an impermeable tarp over piles of wood, gravel, or other materials. Don't wait for forecasts of rain — do this every day, to avoid being caught una.- ware. Also, it will keep materials from blowing off the pile and contributing pollutants to runoff later. • Keep the working area clean every day for the same reason. Sweep up wood splinters, paint chips, and other residues every day, as well as a thorough cleanup at the end of the project Painting requires some basic procedures. • Before painting, while you scrape to remove old paint, spread a ground cloth or tarpaulin to collect dust and paint chips. If the paint contains lead or tributyl tin, dispose of the paint chips as hazardous waste. • Mix paints indoors before starting work. Use impermeable ground cloths, such as plastic sheeting, while you paint. Place in-use paint buckets in a pan or on plastic sheeting. • At the end of the work day, store paint buckets and barrels of materials away from contact with storm water. • Use a tarp or portable, inflatable berm to prevent spills. • Treat a paint spill as a chemical spill: capture it before it flows to the storm drain, and clean it up promptly using dry methods. During painting cleanup, proper procedures are: • If you use water-based paint, clean brushes and equipment in a sink connected to the sanitary sewer. • Clean up oil-based paint where you can collect the waste paint and solvents to be handled as small quantity hazardous waste — do not pour it to the sink or to a storm drain. • Keep leftover paint, solvents, and other supplies for a later use, or deliver them to a solvent recycler with other plant wastes when you ship a batch. • Handle empty paint cans and other containers as described in Section 6. Containers may be small- quantity hazardous waste. Latex paint cans are not hazardous waste if the paint is dry. Do not fall back on old cleanup practices from days when storm water pollution was not known as a problem. Do not pour leftover paint down the storm drain or onto the ground. Do not clean brushes into the storm drain or pour buckets of cleanup water to the drain, or wash spilled paint down the storm drain with a hose. These practices are now categorized as "illegal dumping." Do not wipe brushes onto old newspapers, or pour leftover paint supplies into newspapers and discard the paper in the trash. Spray painting requires a few extra precautions. • Use temporary scaffolding to hang drop cloths or draperies to shield you from the wind and to collect overspray. • Arrange the draperies to minimize the spreading of windblown materials. • Be aware of air quality restrictions on spray paints that use volatile chemicals. Consider a water-based spray paint for better air quality compliance. 17 Sand blasting can be controlled to keep particles off of paved surfaces and out of storm drains. Ask your ' municipality whether building and construction codes place requirements on the size and type of blasting medium that is allowed. More complete instructions are available in the Construction BMP manual for full- sized jobs, but some basics should be applied for smaller projects, as well: • Place a tarpaulin or ground cloth beneath your work to capture the blasting medium and particles from the surface being cleaned. • Hang tarps or drop cloths to enclose the area, using temporary scaffolding if necessary. Arrange the drop cloths to protect the work area from wind, and to capture airborne particles. • Curtail operations on a windy day. • Clean up frequently: collect dust and particles from the drop cloths before you produce too large a pile to handle easily. Wood preservatives, pavement seal coating, and other outdoor surface treatments commonly contain metals, pesticides, solvents, or polymers that are hazardous materials. Handle and dispose of them properly, as follows: • Apply only as much of the chemical as the wood can absorb or as needed to cover the paved area. • Soak up excess chemicals with absorbent material or rags rather than allowing them to flow to the storm drains or soak into the soil. • If the chemicals spill, clean up promptly using dry techniques; see Section 3. • When sealing a sidewalk, prevent the sealant from reaching the gutters or drains. Use absorbent booms, or stuff rags into storm drain openings. • When treating a roof with wood preservative or sealant, line the gutters with rags. Dispose of the rags properly: with your hazardous waste if the substances you are using are hazardous. • If you clean a roof or sidewalk before applying preservative, sweep thoroughly to remove loose particles first, then wash with water if necessary. • Collect wash water from downspouts or drains where possible and remove particles. • Avoid applying surface treatment chemicals during the wet weather season. Outdoor painting requires practices to prevent paint and dust from becoming storm water pollutants. 18 Some industrial operations and plant situations require more extensive measures to control storm water pollu- tion. All but the smallest and least complex industrial facilities are likely to require some structural modifi- cations. Depending on your facility, and your success at eliminating potential sources of storm water pollu- tion, your long-term implementation plan may need to include more or fewer of these advanced BMPs. The BMPs in this section are more extensive and, in general, more costly than the recommended BMPs in Part 1. These BMPs include structural controls — storm water management measures that require constructing new facilities or installing new equip- ment. Not all of the advanced practices are necessary for every facility, and some will not be of use in some facilities. You will need to evaluate your own plant to determine which BMPs are applicable to your operations, and which combination will best succeed at controlling the storm water pollutants that may run off from your site. i may find you have a choice in selecting structural csMPs, unlike in implementing basic recommended practices. Evaluate and select controls that are adequate and most cost-effective for your site. The BMP descriptions in Part 2 are not complete design standards, but describe the central principles you need to consider in identifying and controlling storm water pollution from various sources in your plant. Design standards, performance specifications, and detailed discussion of the design and application of structural and treatment BMPs are available in a BMP manual from the state of California, scheduled for publication in late 1992. Advanced pollution control practices take a number of forms, and may include a wide range of solutions that' are not listed here. You may develop other approaches that are more effective for your facility. Or, you may need to develop and implement further BMPs than the ones described in this manual. If you conduct more complex activities, especially activities that are unavoidably exposed to storm water, you will need to develop more intensive source control and storm water management BMPs. If you are renovating your shop or building a new facility, you should evaluate installing some of these structural controls even if the shop does not currently have a pollution problem with that specific area. Some of the structural measures in this section are much less costly to install during new construction than to retrofit afterwards. For example, if you re-grade an equipment parking area, you should consider storm water design criteria even if the yard has not been in violation of standards in the past If you put off implementing the measures, future more-stringent requirements may require these same measures to be retrofitted, which can be much more costly than if you do it while constructing a new facility or renovating for other reasons. If your principal sources of pollutants do not originate with industrial activities, you may need to control sources that are not specifically named in the General Permit, such as: pesticides and fertilizers from landscape maintenance; oil and antifreeze from autos , in large employee parking lots: and cooling water or equipment lubricants from large building ventilation and cooling equipment Your municipality and the NPS Program hold their own permit that requires they reduce pollutants in storm water from all sources, and they may request your cooperation in developing controls for your pollutant sources that go beyond the BMPs in this manual. 19 13. Loading Dock Design Features Loading docks may require more intensive pollution controls than the operational BMPs described in Section 8. This is especially true of areas where you load or unload liquids in containers. Bulk liquid transfers are a more intensive industrial operation that requires specific control designs, and are not addressed in this manual. Additional features of a properly-designed loading dock include: • Grade the loading area to be sloped or recessed to direct flow toward an inlet with a shutoff valve, or toward a dead-end sump. • Make sure the inlet includes a sump with enough capacity to hold a spill while the valve is closed. • Keep the valve closed at all times except when you need to release storm water or other liquids that are acceptable for discharge. • Preferably, this inlet should connect to a sanitary sewer rather than a storm drain. Check with your wastewater treatment authority for permitting requirements. • Consider completely preventing contact with storm water using a roof and berms, as described in Section 8. This will both avoid washing potential pollutants into the drain and avoid discharging clean storm water to the sanitary sewer. If the inlet connects to a storm drain: • Accumulated liquid must be tested and found to contain no pollutants before opening the valve for discharge. • If the liquid does contain pollutants, you need to pump it from the sump and discharge to your sanitary sewer if the wastewater treatment authority agrees to accept it (See the recommendation below.) If the inlet connects to a sanitary sewer: • Accumulated liquid must be tested and found to be within the parameters specified in your wastewater discharge permit before opening the valve for discharge. • If you cannot discharge to the sanitary sewer, you need to convey the liquid to a hazardous, waste disposal facility. A dead-end sump provides secure spill control, but any accumulated liquids need to be pumped out, tested, and properly disposed. Use berms or slopes to prevent run-on so storm water is not added to waste in the sump. 20 14. Equipment Yard Design Features .-arking and storage yards for large vehicles and heavy equipment generally require site-specific structural and operational controls. Follow the operational BMPs for vehicles recommended in Sections 7,8, 9, and 10. Also assess your equipment yard to determine possible sources of pollutants, and install appropriate controls to keep potential pollutants out of the storm water. Design approaches may include: • Grade the area to slope to a longitudinal drain, or install curbs to direct all storm water to a storm drain in the yard. If your yard is not too large and is properly designed, it should drain to a single storm drain. Even a small yard should include a storm drain on your property, and not rely on a city-operated drain in the street. • If you determine that the equipment yard is a large source of oily materials in your storm water, consider fitting the inlet(s) with a sand filter (see Section 20) or removing oily pollutants (see Section 21). Segregate the area where you service vehicles, and ••tail special structural controls. • If possible, perform all work indoors, or construct a roof over the specified area. This will require a building permit and compliance with appropriate fire codes. • Pave the surface with concrete, not asphalt Vehicle fluids may dissolve asphalt, or may be absorbed into the blacktop and released later. • Drain the surface to a single drain, preferably connected to a sanitary sewer. The drain may require an oil/water separator or oil/grease trap, and must be approved by your wastewater treatment authority. • Grade the working area to be higher than the parking lot, or surround it with a berm, to prevent storm water run-on. • Construct a special area in which to segregate your "dirtiest" equipment (roof tar equipment, asphalt paving equipment, etc.) Handle its discharges, leaks, and runoff separately. This approach could save you from the need to treat all the runoff from the equipment yard. 15. Fleet or Equipment Fueling Area Design Features If your facility's vehicle fueling area is one of the signi- ficant sources you identify in your SWPP Plan, you may need more intensive BMPs than the operational efforts described in Section 10. Some design features to consider are: • Cover the fueling area to prevent rain from falling directly on the area. Install a roof over the fueling island, the area where vehicles park while fueling, and as much of the approach area as practical. Leaked engine fluids and spilled fuel inevitably accumulate on the pavement in these heavily- trafficked areas. • Storm drain and sewer inlets that drain the fueling area must be equipped with a shutoff valve to keep fuel out of the drain in the event of a spill from the pumps. The valve should be kept closed at all times except during a rainfall. • Curtail fueling activities when the valve must be open, or use extra precautions to capture any spilled fuel, such as a large drip pan under the vehicle. A number of different approaches may serve as effec- tive drainage design. The fueling area needs to be separated from the rest of the yard, both to contain any fuel spill and to prevent storm water from running on. Select or adapt a scheme such as one of these: • Grade the fueling area to be "mounded" or elevated. The Automotive Industries BMP manual includes a suggested mounded grading scheme. • Install berms around the area that are high enough to redirect water from a large storm. • Grade the entire fueling area to drain to a single inlet. You can accomplish this with longitudinal drains at the perimeter along the "downhill" side of the fueling area, or with a depression in the middle of the fueling area. Either way, be sure to design the grading to avoid run-on. • At the inlet, either install a sump, from which you will pump any accumulated liquids; or connect to a sanitary sewer, after checking to get all the permits the wastewater authority may require. The sump or connection should be operated as suggested for a loading dock area in Section 13. 21 16. Access Roads and Rail Corridors 17. Onsite Storm Water Management Access roads and rail corridors can be significant sources of pollutants for some industrial facilities. In the General Permit, access roads and rail corridors are defined as "industrial activities exposed to storm water" that you must include in identifying potential sources and selecting BMPs for your SWPP Plan. Maintenance and operational BMPs for access roads are the same as those described for vehicle access and parking areas under Section 9. Some structural BMPs are described below. Proper drainage design is a good place to start. Generally, this means the roads should be crowned and sloped outward: and that storm water should not be allowed to drain across the road, but be carried in ditches or culverts alongside the road. Grass-lining the roadside ditches can be an effective way to remove storm water pollutants — see Section 20. Maintain the ditch to be sure it does not clog or fill with sediments, allowing storm water to overflow. Plant vegetation by the roadside to control erosion and to promote rainwater infiltration. If your site includes railroad access, an important source of pollutants is the preservatives on wooden railroad ties. Use a less-toxic preservative: avoid organic toxics such as creosote and pentachloro- phenol. Or use concrete ties or other non-wooden ties. Control spills and dust from railroad unloading. If your rail line delivers or picks up liquids, in bulk or in containers, you may need to add spill-control loading docks with shutoff valves. (See Section 3 for spill controls, and Section 13 for loading dock design features). If parked railroad cars drip, install a drip pan at the loading dock between the rails. Some industrial facilities may still find potential pollutants exposed to storm water even after imple- menting source control measures like the operational BMPs in the first part of the manual and the structural source controls above. Further structural controls can be used to manage the storm water itself, either to control the flow of the runoff (described in Section 19), to remove some of the pollutants in passive devices (Section 20), or to remove pollutants using specially- designed equipment (Section 21). The best way to avoid the need for storm water management or treatment is to use source controls, most likely in combination. The right combination for your facility will probably include conscientious implementation of BMPs such as those recommended in Sections 1 through 12 of this manual, attention to the sources of waste at your facility, and careful reduction of process wastes. If you need to manage storm water onsite, the most important consideration is to minimize the quantity of storm water that contacts potential pollutants. For example, keep the area of industrial activities as small as possible; separate the area from parking lots, to prevent run-on; and roof or enclose the area if possible. Design your storm water conveyance system to isolate the areas where storm water contacts poten- tial pollutants, and convey water from those areas separately from water that runs off of "clean" and non-industrial parts of the site. This will allow you to control storm water with smaller and less-costly hydraulic or water quality controls. Or, if you plan to discharge to your wastewater treatment authority (Section 18), reducing the volume will reduce the discharge cost and increase the willingness of your wastewater authority to accept the discharge. 22 18. Redirect Storm Water Discharge from Storm Drain to Sanitary Sewer If source control BMPs are not adequate to prevent discharging pollutants in storm water from your facility, you may need to cease discharging storm water that contacts those pollutants. One way to avoid discharging potential pollutants with storm water is to isolate runoff from that part of your facility where the pollutants are contacted and discharge the storm water to the sanitary sewer rather than a storm drain. Installing new connections and new piping can be quite costly, and the required permits may be a barrier, so this could be a costly BMP. Also, it will require a permit from your local wastewater authority. The permit will specify the volume of water you may discharge, the kind of pretreatment equipment you may need to install and operate, and requirements for monitoring your discharge. Redirecting discharge to the sanitary sewer may not be allowable in all localities — some wastewater authorities have sections in their local ordinances that prohibit the discharge of storm water to the sanitary wer. Requirements might differ from one .uunicipality to another, so contact the authority that serves your area for information. (See the list on the rear cover.) Your wastewater treatment authority, as a rule, would prefer to minimize the volume of storm water that passes through the treatment system. You should reduce the quantity of storm water you redirect, using techniques like those described in Section 17. The wastewater authority may require temporary storage of your storm water onsite, to avoid overload- ing their facilities during a storm. Your authority is more likely to accept discharge of storm water that has contacted pollutants if you can store it temporarily and deliver it after the high flows from a storm event 19. Storm Water Management: Hydraulic Controls Hydraulic controls are intended to control quantity of storm water discharge, but can be useful for water quality as well by removing potential pollutants from storm water. BMPs of this type are widely used to control erosion of hillsides and to remove sediments from storm water runoff. Also, hydraulic-control BMPs can help to remove oils and heavy metals that adsorb to sediment particles in storm water. Design standards and operating information for hydraulic controls are available in a number of references. The NPS Program is preparing a manual of "new development" BMPs recommended for newly- constructed buildings, which includes discussion of hydraulic BMPs for storm water pollution control and conditions under which hydraulic BMPs should be implemented. Design specifications for hydraulic controls will also be addressed in detail in a BMP manual being prepared by the state of California for storm water pollution control. Many local and regional regulations that target erosion control give specifications for hydraulic BMPs. Hydraulic controls are designed for one of two purposes. One category serves to control the rate of peak flow, slowing the flow of water at the height of the storm to reduce its potential to carry away soils and other contaminants. The other type reduces volume of runoff, generally by causing some storm water to infiltrate (or soak into the soil) rather than running off into storm drains, streets, or streams. Some approaches control both peak rate and volume. Hydraulic controls for a site are most effective if the overall site design is considered. The first step generally is to modify the site layout to increase the water-permeable surface, to increase infiltration and reduce runoff volume. If greater flow control is needed, the second step may be to strategically place infiltration trenches to intercept runoff and promote infiltration. (Infiltration may not be permitted in some areas — see Section 20.) For large quantities of flow, onsite ponds can be designed either to slow the peak flow of storm water or to hold water onsite until it infiltrates or evaporates. These are known as detention ponds or retention ponds. A variation is the storm water wetland, which similarly controls flow while wetland vegetation helps remove pollutants. 23 20. Storm Water Management: Water Quality Controls been used to help remove oily wastes, but is of limited effectiveness. Section 21 describes the inlet further, including its maintenance requirements. A number of specific storm water management controls are better suited to water quality control than hydraulic control. These features may be added to various parts of the storm water conveyance system on an industrial site to help control potential pollutants in the storm water before it leaves the site. They are for the most part passive design features rather than treatment devices in the usual sense. Information in existing references gives design parameters for these water quality controls, so this section merely summarizes a few types of controls. A simple technique is a vegetated swale or channel, a ditch that carries storm water in which plants are . permitted to grow. The plants provide some peak flow control by slowing the water. They also remove some pollutants by encouraging the deposition of sediments and minor oily wastes. This control can be retrofitted to some existing storm water conveyance ditches sim- ply by allowing grasses to grow, if it does not interfere with storm water drainage and cause water to back up onto the site. WATER QUALITY INLET Clumber 1 (Sediment Trapping) Chamber 2 (Oil Separation) Depth of Pool - 4 FeetPermanent Pool - 400 Cubic Feet per Acre An API separator is only partly effective at removing oily wastes, but is more effective at removing sediments than an ordinary catch basin. A water quality inlet is a simple multi-purpose device, shown in the diagram above. A storm drain inlet is fitted with an enlarged catch basin or grit chamber where solids and sediments settle out of the water. A baffle restricts the flow of surface-floating oil, which can be removed by hand later. Floatable debris also collects at the baffle. This type of inlet has in the past A sand filter inlet can remove some pollutants before they enter the storm drain. A sand filter inlet is a storm drain inlet that contains sand or another filter medium. The sand removes par- ticulates and oily wastes from storm water as it enters the storm drain. An extension of the same concept is a sand filter, where storm water quality can be im- proved before discharge. Sand filters appear to be particularly effective if used in combination with deten- tion or retention ponds, by diverting the first-flush of runoff (often carrying the most pollutants) to the filter and routing the remainder of the water to the pond. Many of these water quality controls can be designed either of two ways: to control potential pollutants before discharging water to a storm drain; or to remove unwanted constituents and then direct the storm water into the ground as an infiltration device. Any of these controls that use infiltration techniques, or others designed specifically to promote infiltration, (porous pavement, infiltration trenches, and others), may be restricted or prohibited in some municipalities in the Santa Clara Valley as potential sources of ground water contamination. Dry wells for disposal of storm water are illegal under State and Federal Law.The Regional Board's newly-amended Basin Plan for the San Francisco Bay Region adopts some new policies that address infiltration devices. The NFS Program does not recommend them in areas where shallow ground water may be impacted. Check with your municipality before installing an infiltration device. 24 21. Storm Water Management: Removing Oily Pollutants .1 simple technique to remove oils and grease from storm water uses oil-absorbent materials (or oleophilic materials), such as the booms used to contain oil spills. The absorbent material preferentially absorbs oil, and does not fill with water, so it can be used on storm water with small concentrations of oily materials. Some facilities that have a storm water conveyance ditch where water flows season-long have found it convenient to install a permanent floating boom to control an occasional light surface sheen. When the boom is spent, it is full of oil and is visibly heavier, floating lower in the water. The booms are inexpensive enough that they may easily be replaced whenever the absorbent is saturated. Disposal is more costly, since they may be hazardous waste unless an oil recycler can accept the material. Oil/water separators are a broad category of devices that are intended to remove oily constituents. There are many varieties of oil/water separators, and the term is not used in the same way by all equipment "endors or design specifications. For most applications, oil/water separators are not recommended as a storm water management strategy. Source control BMPs are strongly preferred. „ Oil/water separators are fairly costly, and most ^. ' ' Oil-absorbent benms can remove oily sheen from storm —ater. Vegetation in an open ditch can slow the flow, Iping sediments settle. designs do not operate best at the low concentrations commonly present in storm water. A sand filter inlet is typically more effective, and less costly, for the small quantities and low concentrations of oils in routine storm water runoff— that is, runoff that has not directly contacted oily industrial activities. Separators may be useful in limited applications. They are sometimes useful as a retrofit measure, to temporarily help a facility comply while it installs more effective source control BMPs. Another use is in spill control sumps, upstream of a treatment process. The advanced designs are sometimes used as a treatment device (that will discharge to a sanitary sewer) for storm water that contacts industrial activities in isolated areas where contact cannot be avoided. The API oil/water separator is a simple design, named for the American Petroleum Institute. The API separator is sometimes called an "oil and grease trap," to distinguish it from a true oil/water separator used for industrial wastewater. An API separator usually is a long basin with multiple chambers or vaults, typically installed below grade. It can be fitted to storm drains or storm water inlets in a variety of configurations — the water quality inlet described in Section 20 is one form. The intent is to slow water and stratify the flow so that oil rises. The floating oil is then retained by one or more baffles in the chambers. An API separator removes the bulk of floating oily wastes, especially if the oil is not well-mixed but floats on top of the water. However, it is not highly efficient, so storm water can still be polluted unacceptably even after it flows through the inlet The separator works by concentrating oily wastes within the chamber, so inevitably some of the collected wastes are carried away during heavier storms. It can be made somewhat more effective at oil removal if it includes pads or pillows of oleophilic material at the water surface level. If you install an API separator, it must be maintained regularly. It requires a standing pool of water, which should be pumped out periodically and replaced with clean water. To clean, remove oil floating on the standing pool and greasy matter collected at the baffle. Some commercial oil recyclers accept this material for recycling; otherwise, it must be handled as hazardous waste. If you install oil-absorbent pillows, the pillows must be closely monitored and replaced when they are saturated, also disposed either as hazardous waste or to a recycler. If the inlet includes a sediment trap, as in the water quality inlet shown in Section 20, remove solids with a shovel between storms. 25 Develop a regular cleaning schedule appropriate for your facility. For inlets that don't carry much flow, • three cleanings per year are sufficient once before the rainy season (mid-September) to remove materials that have accumulated: once after the first major storm; and once at the end of the rainy season to pre- vent slow loss or evaporation of the collected oily wastes. If storm water flow is greater, the API separa- tor may need to be cleaned monthly, or periodically between storms. As another guideline, clean the separator before three inches of oil accumulate in the entry chamber. The CPI, or coalescing plate interceptor oil/water separator, is a more advanced design. These are common for treatment of oil-bearing industrial wastewater, but are less often cost-effective for storm water. The CPI separator generally achieves greater removal efficiency than an API type, but is more costly to purchase and operate. A CPI separator can attain a high removal efficiency, and accommodate a fairly high flow rate, but at ever-increasing capital costs for the equipment (by adding more separator plates). The best economics generally apply for relatively high concentrations of oil at low and constant flow rates. SLANT RIB COALESCING SEPARATOR Slant Rib CoaleKtr Pack Dense Coalescing Pick (DCP) Oftunal Sludge Clumber A CPI separator can be very effective at removing oil but requires upstream sediment control and can be costly to maintain. A few design features can improve the effectiveness of an oil-water separator. Pollution removal effectiveness is highest if the concentration is high when the storm water enters the unit. Avoid diluting the water to be treated with water from other parts of the site, where it does not contact the potential pollutants, both to save on the capital investment and to increase treatment effectiveness. For industrial process applications, aa evaporator can be used reduce the volume of water treated. An oil-water separator works best if sediment is not present in the water — limit your water to be treated to isolated areas, free of mud and soils if possible. Efficiency is highest with a fairly steady flow, so you may require upstream detention. Also, don't site the separator downstream of a pump, because the pump mixes the oil and water and partially emulsifies the oil. so separators are less effective. Storm water treatment generally is not recommended as a BMP. Some of the devices described in Section 21 may be considered to be treatment by the state or by your local wastewater treatment authority, which can open the door to some burdensome regulatory restrictions and permitting requirements. For most industrial facilities, the best advice about onsite storm water treatment is to avoid it. for a number of reasons. Most of the available treatment equipment is costly to purchase and to receive permitting approval for. Operational costs can also be significant — you must monitor the equipment to assure continued effectiveness, and may need to prepare and submit chemical analyses to demonstrate continued compliance. Further, in most places in the Santa Clara Valley, treatment of storm water means you must discharge it to the sanitary sewer rather than the storm drain (as described in Section 17). In effect, water on which you perform treatment is no longer considered to be storm water, but industrial wastewater instead. You will need to obtain or modify a discharge permit from your local wastewater authority or your municipality. The most troublesome permitting procedures are for hazardous materials. Before installing any treatment equipment, determine whether your waste water is a hazardous waste. Cal-EPA/Toxics or the County Environmental Health Department can describe the necessary testing and approval procedures. If the wastewater that would enter the pretreatment equipment is considered to be hazardous you must obtain a permit from Cal-EPA/Toxics to operate a hazardous waste treatment facility. At present this may be true even for a simple water quality inlet. If you determine that the waste stream is not hazardous, and do not apply for a hazardous waste treatment permit, keep your testing documentation on hand to show regulators. 26 Santa Clara Valley IHonpoint Source Pollution Control Program For information about storm water pollution control requirements, contact the Program or your local municipality. Santa Clara Valley NFS Program 5750 Almaden Expressway San Jose C A 95118 (800) 794-2482 City of Campbell City of Cupertino City of Los Altos Town of Los Altos Hills. Town of Los Gatos City of Milpitas City of Monte Sereno City of Mountain View.... City of Palo Alto City of San Jose City of Santa Clara. City of Saratoga City of Sunnyvale Santa Clara County (408) (408) (415) (415) (408) (408) (408) (415) (415) (408) (408) (408) (408) (408) Santa Clara Valley Water District.. (800) 866-2150 2524505 948-1491 941-7222 354-6864 942-2360 354-7635 903-6329 329-2129 277-5533 984-3151 867-3438 730-7270 411-1195 794-2482 Documents available from the Program: • BMP Manual for Automotive Repair Facilities • BMP Manual for Construction Activities • Industrial Storm Water Compliance Guidance Handbook (guidance for the Regional Board's Industrial Storm Water General Permit) • Industrial Storm Water Compliance Binder • Integrated Pest Management Brochure Wastewater Treatment Authorities For information on wastewater permitting and on allowable discharges to the sanitary sewer, contact your wastewater treatment authority San Jose/Santa Clara Wastewater Treatment Plant Department of Industrial Waste (408) 945-5300 Sunnyvale Wastewater Treatment Plant Industrial Pretreatment Program (408) 730-7270 Palo Alto Regional Water Quality Control Plant Environmental Compliance Division (415) 329-2117 Documents available fromPalo Alto: • Storm Drain Pollution Prevention Guidelines County of Santa Clara For information about compliance with hazardous waste regulations, contact: Environmental Health Department— Toxics Enforcement Program (408) 299-6930 For information on waste minimization and guidance on contacting other agencies, contact- Hazardous Waste Management Program (408) 441-1195 Document available: • Hazardous Waste Management and Reduction— A Guide for Small and Medium-Sized Businesses (City of San Jose and Santa Clara County) California Environmental Protection Agency Regional Water Quality Control Board: San Francisco Bay Region, Region 2 2101 Webster Street. Suite 500. Oakland. CA 94612 For information on permitting of transportation, treatment, recycling, and disposal of hazardous wastes, contact: Department of Toxic Substances Control Division (Cal-EPA/Toxics), Region 2 (510) 540-3739 700 Heinz Avenue. Bldg. S. Berkeley, CA 94710 For information on waste minimization and hazardous waste management technologies, contact: Alternative Technology Division (916) 324-1807 744 P Street P.O. Box 942732, Sacramento, CA 94234-7320 Documents available from Alternative Technology: •California Waste Exchange: A Newsletter/Catalog • Fact Sheet: Waste Reduction for Automotive Repair Shops • Hazardous Waste Reduction for Automotive Repair Shops: • Part 1: Checklist • Part 2: Assessment Manual • List of CA Licensed Hazardous Waste Haulers Association of Bay Area Governments P.O. Box 2050, Oakland. CA 94604-2050 (510) 464-7900 Documents available from ABAC: • Manual of Standards for Erosion & Sediment Control Measures Emergency Response: Dial 911 These agencies are concerned widi environmental requirements for industrial facilities. It may be necessary to contact other agencies to verify compliance. These contact points are current at time of publication. September 10, 1993 August 21, 1992 91010-06.LET TABULATED LISTS OF POTENTIAL SOURCES & POLLUTANTS STORM WATER MANAGEMENT CONTROLS NON-STORM WATER DISCHARGE ELIMINATION PREPARED BY SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM EXCERPTS FROM INDUSTRIAL STORM WATER POLLUTION COMPLIANCE MANUAL SECTIONS 4, 5 & 6 PACE I OF 2FIGURE 4-2. SOME COMMON POTENTIAL SOURCES, POTENTIAL POLLUTANTS, AND EVIDENCE FOR PRESENCE OF POTENTIAL POLLUTANTS. THE SAXTA CLARA VALLEY NPS PROGRAM EXAMPLE PARTIALLY COMPLETED TABLE 4-1. NXSTIUALCTORM WATER HANDBOOK 1. Industrial Activity or Material Handlinf Area Manufacturing Operations Primary metal manufacturing Wood products manufacturing Outdoor manufacturing operations Area where industrial activities have taken place in the past Outdoor machinery or equipment Air compressors 'umps Generators Equipment in general Cooling towers Pollution control equipment Air scrubbers, roof vents Water pollution control plants 3. Evaluation of Potential for Pollutants to be Present in Storm Water 2. Materials used, wastes generated Metal dust Oils, grease Wood chips. sawdust Paint or preservatives Paint Equipment lubricants Metals Solvents Oils, grease A. ileed or blowdown Lubricant Jquid being pum Lubricant Fuel .ubricants jibricants Hydraulic fluid Metal particles. ttd corrosion products Heed or blowdown Once-through cooling water Slowdown or discharge; leaks .ubricants Materials from indoor manufacturing Wastewater overflow during rain Solids from treatment residuals a.C Evidence of ifalli or release* of producu, nuterialj* or waste* Particulaies or oily film at roof vents, wall vents. doors, etc. Particulaies carried U outdoors with products. on fork trucks, etc. Stains near access doors, loading areas Soil or pavement contamination Stains near compressor Stains near pump; small standing puddles Stains near generator Equipment rusty or in generally poor repair Stains or standing liquids Paniculate buildup near vents and on roof Standing liquids Observe during rain) t F. Other possible points where norm water ooataeu equipment, murriilt. or wane Knowledge about kinds of activities and materials used 4. Slowdown discharge to paved area mproper discharge; not permitted in storm drain loof downspouts can become sources of potential pollutants if not control led at the equipment Improper discharge- must be eliminated Treatment solids outdoors and uncovered J. FIGURE 4-2. SOME COMMON POTENTIAL SOURCES, POTENTIAL POLLUTANTS, AND EVIDENCE FOR PRESENCE OF POTENTIAL POLLUTANTS. EXAMPLE PARTIALLY COMPLETED TABLE 4-1. PACE 2 OF 2 •TOE SANTA CLARA VALLEY NPS PROGRAM INDUSTRIAL STORM WATER HANDBOOK 1. Industrial Activity or Material Handlini Area Materials handling areas Outdoor product handling areas Loading docks Storage tanks Underground tanks Bulk dry material storage Areas of residual or waste treatment or storage Scrap metal storage areas (indoors or out) Access roads and rail spurs Vehicle operating areas Vehicle fueling areas Vehicle maintenance areas, heavy equipment maintenance areas, equipment yards Equipment washing areas 3. Evaluation of Potential for Pollutants to be Present in Siorm Water 2. Material! used. wuta generated Residue from fresh paint. particles, etc. Materials being loaded-liquids. dry bulk solids A. Truck motor fluids Liquids stored Pump lubricants Metal -corrosion by-products Liquids stored Material stored Waste substances Oils, grease Metal particles. corrosion products Materials being shipped, handled -caked fuel. motor fluids Fuel .caked motor fluids. antifreeze, etc. .caked fuel Spilled motor fluids. antifreeze, etc. Metal panicles. corrosion byproducts Paint Wash water Oils, grease Other residues B C Evidence of ipilh orickasesof product!, materials. or wane* Panicles or staining on pavement or ground Paniculates, stains. buildup at storm drain Pavement stains Stains near pumps. valves, connections Standing liquids in small quantities Stains near pumps. valves, connections Paniculates generally around site Staining on scrap and on pavement, ground outside doors Scrap visually rusted. paniculates visible outside doors Paniculates on paving or roadbed Staining on paving or roadbed Stains on pavement Stains on pavement Stains on pavement Paniculates generally around area Wash water flowing away from area- rainage allowing flow lo storm drains D E.F. Other poiiible poinu where flora water contact! equipment, materials, or wane Connections or pumps in poor repair tanks corroded Spills during tank filling, emptying Storage piles not covered (nowledge of origin of scrap Area not paved Area not paved Metals open to rain water Painting operations exposed to storm water )ischarge of wash water to storm drain is not permitted 4.5. Section 5 SWPP Plan Part 2: Storm Water Management Controls 5. SWPP PLAN PART 2: STORM WATER MANAGEMENT CONTROLS Part 2 of the SWPP Plan is a description of swim water management controls that you commit to implementing at your facility. The intention is for you to develop an integrated approach to controlling storm water pollutants from industrial activities at your facility. The SWPP Plan should show how you will prevent pollutants that originate in industrial activities at your facility from contaminating storm water. Pan 2 of the Plan is centered on a list of your facility's storm water management controls. You are expected to develop your own list of controls, and to address effectively aQ of the sources identified in Part 1 of your SWPP Plan. This is another part of the General Permit where you must develop your own site-specific plan. Neither the Regional Board nor any other agency is prepared to develop a specific list of requirements for you. The Regional Board presumes that the facility operator knows the facility best, and is best qualified to develop controls that will control storm water pollution at that facility. If you find a particular source of pollutants to be difficult (or costly) to control, it may be to your advantage to take steps to eliminate it instead. Storm water management controls to consider for this pan of your SWPP Plan may include a number of approaches: • Operating changes that will not interfere with industrial activities, but may prevent pollutants from contacting storm water • Improved maintenance activities to prevent inadvertent leaks and spills that may reach storm water • Structural changes to the facility • Equipment installed to remove pollutants from storm water before discharge. The General Permit directs you to consider certain kinds of controls, as shown in the box below. The Regional Board has indicated chat it will require Part 2 of your SWPP Plan to include controls from each of these categories, or, if no controls from a particular category apply to you, to demonstrate that you have considered the category and to demonstrate why no controls apply. Further, the General Permit specifies that every facility's operators implement some particular aspects of storm water pollution prevention. For example, every facility is expected to conduct employee training, perform periodic inspections, and keep records on the premises. These, too, are shown in the box. Storm Water Management Controls: The General Permit's Categories Storm water pollution prevention personnel Preventive maintenance Good housekeeping SpiQ prevention and response Source control including use of alternative raw materials that have less environmental impact Storm water management practices (i.e., treatment devices or practices) Sediment and erosion prevention Employee training Inspections Records Source: NPDES Storm Water General Permit for Santa Clara Valley, order no. 92-011, January 1992; Pan A, no. 6. sections a -j. The Santa Clara Valley NPS Program page 5 • 1 8/12/92 Section 5 SWPP Plan Part 2: Storm Water Management Controls A number of guidance documents are available to provide assistance in identifying, developing, and selecting storm water management controls. A term that is commonly used for these controls is the term used in Section 4 above: best management practices, or BMPs. The NFS Program is developing a BMP manual that concentrates on operational procedures for manufacturing facilities. It is expected to be available in the summer of 1992. (For readers who receive this handbook as part of the NFS Program's Industrial Compliance Binder, a draft of the NFS Program's BMP Manual is included in Pan VI of the Binder.) The State of California is developing a BMP manual that is expected to include design specifications for equipment and structural BMPs. It is expected to be available during the autumn of 1992. As stated in Section 4 of this handbook, the General Permit requires that you prepare the SWPP Plan by October 1. 1992. The controls that you identify in the SWPP Plan do not all need to be implemented immediately. The General Permit specifies that you implement maintenance practices and other low-cost practices by October 1, the date your SWPP Plan takes effect. All other controls that you identify in your Plan are to be implemented no later than July 1, 1993. This allows you an additional period to implement measures such as structural changes, equipment installation, other costly measures, and measures that require a lead time to obtain approval from public agencies (such as a construction permit or a sanitary sewer discharge permit). The deferment period also allows you several months' lead time to implement some lower-cost, operational controls before implementing the higher-cost measures that you commit to in your SWPP Plan. If monitoring results from the 1992- 1993 wet weather season demonstrate (to your satisfaction, and the Regional Board's) that the low-cost controls are adequate by themselves. you may not have to install the more costly measures. This is a powerful incentive to find the most effective operational controls possible, and to implement them to the utmost at your facility. It is also another incentive to eliminate industrial activities exposed to storm water, thus eliminating potential sources and avoiding the need to control them. ORGANIZATION OF THIS SECTION This section provides guidance on how to evaluate your facility and select storm water management controls that meet your facility's characteristics and are both cost-effective and effective at preventing pollutioa This section also includes line-by-line guidance for completing the Storm Water Management Controls portion of the SWPPPlan as called for in the General Permit As in Section 4, the numbered paragraphs describe one method of completing a SWPP Plan that may comply with the Permit, but are not specifically laid out in this fashion in the Permit. 77)0 Santa Clara Valley NPS Program page 5 - 2 8/12/92 Section 5 SWPP Plan Part 2: Storm Water Management Controls ORDER OF PREFERENCE IN SELECTING BMPs As you can see, there is a wide array of possible BMPs that can provide some storm water pollution prevention. For each facility, sane BMPs are more effective than others. But in most cases, a number of different BMPs or combinations of BMPs could be effective, perhaps equally well as another approach. As a general rule, the NFS Program recommends selecting BMPs from the following hierarchy. This order of preference is generally most effective at minimizing pollutants in your storm water discharge, and often most cost-effective in the long run. 1. Alter the activity to avoid contaminating storm water, either by avoiding creating a pollutant or by making sure the pollutant never reaches the environment 2. Enclose the activity in a building or a fully-bermed and roofed area, or take other steps so that no potential pollutants reach the storm drain. This includes keeping potential pollutants off of paved surfaces where they easily wash into the storm drains, and unpaved surfaces where they sorb to soil particles that may wash into the storm drains. 3. Cover the activity to keep storm water off, perhaps using tarpaulins or temporary covering that is watertight for the duration of a storm. This is not as effective as fully enclosing the activity, but may be used quickly to prevent pollutants from contacting runoff from a particular storm. 4. Segregate the activity so that contaminants reach only a small portion of the storm water that runs off your site. This includes preventing runoff from the activity from reaching other storm water, and preventing rainfall from other parts of the site from running across the activity and becoming contaminated. The volume of contaminated water from the activity can then be kept to a minimum and handled by one of the following two methods. Remember that runoff from parking lots, commercial activities and other non-industrial activities at the facility does not need to be covered under the General Permit if it is segregated from water that contacts industrial activities. 5. Reroute the activity's wastewater to the sanitary sewer or to your on-site pretreatment facilities. If you cannot prevent pollutants from entering the water, you may need to handle it as wastewater rather than storm water and meet a number of discharge requirements. This generally requires, as a first step, that you minimize or eliminate storm water from the discharge-for instance, with a roof and berms. Most sanitary authorities prefer to avoid adding storm water to their system due to limited treatment capacity. You must obtain a sanitary sewer discharge permit and, in most municipalities, a city approval. Also, the wastewater authorities will require a pretreatment device on any discharge before they will accept it. Depending on the nature and volume of your wastewater, they may have other requirements. 6. Treat storm water that contacts the activity before discharging it to the storm drains. This often is the most costly approach, but may occasionally be necessary if other options fail. It is often also the least effective at minimizing pollutants. The order of preference suggests that you implement aQ applicable pollution prevention BMPs first, but if storm water still contacts potential pollutants, and it cannot be accepted by the wastewater authority, then treatment BMPs may be called for. The Program thanks the Washington State Dept. of Ecology, which developed the Storm Water Management Manual for the Puget Sound Basin, from which this list is borrowed and adapted. The Santa Clara Valley NFS Program page 5-3 8/12/92 Section 5 SWPP Plan Part 2: Storm Water Management Controls LINE-BY-LINE GUIDANCE FOR COMPLETING THE SWPP PLAN PART 2 This section contains guidance on preparing Pan 2 of your SWPP Plan in a way thai conforms to the specific items called for in the General Permit (Pan A, Provision 6). The headings are numbered to correspond to sections of the sample SWPP Plan prepared by the NPS Program mat appears in the appendices. 5.0 STORM WATER MANAGEMENT CONTROLS This section of your SWPP Plan consists of information regarding operations and management practices and controls used at your site to minimize potential discharge of pollutants to storm water. Many of the items required in the section may be partially or completely covered in other documents you may have prepared for your facility, such as a Spill Prevention, Control, and Countermeasures plan (SPCC) that is required for some petroleum-handling facilities or a hazardous materials management plan. You may use references to these documents; however, note that the requirements here refer particularly to storm water pollution preventioa If practices described in existing documents do not address storm water considerations, you should address those considerations here. The controls and practices described in this section will be critical to the level of effort necessary for you to meet the requirements of this permit. If you demonstrate that your controls (e.g., containment, isolation and separation of wastes and materials) effectively minimize potential for pollutant contact with storm water and that your management practices (e.g., maintenance, spill prevention and response, erosion controls, training) are sufficiently well- designed to minimize accidental discharges and their impacts, you will significantly reduce the list of potential pollutants at your site. This will result in a lower level of effort required for permit completion and for monitoring. 5.1 Structural Source Controls Structural source controls refer to the permanent structures at your site that are used for potential pollutant containment and isolation. All such structures, including those that are planned or under construction, should be described in this section. The form of the control and the scheduled completion date for construction should be provided. 5.1.1 Secondary containment and roofing of potential pollutants Identify secondary containment structures for all potential pollutants. Such structures may include berms, dikes, or roofed enclosures. You may include drawings or sketches of the containment and you should identify the volume of the containment. However, note that such secondary containment, even complete enclosure in a building, does not necessarily eliminate a material as a potential pollutant Activities such as washdown of associated equipment or transport of materials between areas may result in potential pollutant discharge. These possibilities should be carefully considered when designing containment structures and associated management practices. 5.1.2 Separation and structural isolation of wastes Identify structures used to separate and isolate wastes in each area of your site. Such structures may include dumpsters, sumps, or tanks used to collect or store wastes prior to recycling or disposal. 77)« Santa Clara Valley NPS Program page 5 • 4 8/12/92 Section 5 SWPP Plan Part 2: Storm Water Management Controls 5.2 Non-structural Source Controls and Management Practices This section should describe management practices you use to reduce contact between storm water and potential pollutants. As discussed above, these practices, in conjunction with effective control structures, can greatly reduce the effort required to comply with permit requirements. An pertinent management practices should be thoroughly explained in this section. Further, any management practices scheduled for implementation should be identified (along with scheduled implementation date). Management practices described in existing documents may be included in your SWPP Plan by reference. However, you should be sure that the referenced practices are appropriate for storm water pollution prevention. 5.2.1 Spill prevention and response procedures Describe the spill prevention and response procedures used at your site. Note that such procedures may vary according to the various kinds of potential pollutants. Effective procedures should be described for all potential pollutants. Identify areas where significant materials can spill into or otherwise enter the storm water conveyance systems. Describe specific material handling procedures, storage requirements and equipment cleanup procedures. Identify equipment that is kept on site ready for spill control and emergency response. Describe training for all personnel in use of the equipment and in spill response in general. Identify the internal spill reporting procedures used at the site. If you have an existing document that describes procedures for controlling hazardous materials on your site, you may incorporate it by reference into your SWPP Plan and do not need to described those controls here. 5.2.2 List of significant spills Tabulate all significant spills of potential pollutants that nave occurred since November 19, 1988. (This is the date specified in the General Permit) 5.2.3 Maintenance procedures and schedules This section requires you to develop inspection and maintenance procedures for all structures and equipment at your site that are identified in Pan 1 of your SWPP Plan as potential sources of storm water pollutants at your facility. Provide maintenance schedules and describe maintenance log books or other records kept at your site. Preventive maintenance involves inspection and maintenance of storm water conveyance systems, and inspection and testing of site equipment and systems that could fail and result in discharges of pollutants to storm water. Again, information in your SPCC plan (if you have one) need not be repeated. Describe equipment maintenance and cleaning procedures that are used to: • Ensure that equipment is operating properly • Minimize potential contact between storm water runoff and materials and wastes associated with maintenance/cleaning activities. 5.2.4 Erosion control measures Describe measures to limit erosion from your site. These may include paving, riprap, revegetation, and slope stabilization. Provide a description of how these measures are maintained, including methods and frequency of maintenance activities. 77)0 Santa Clara Valley NFS Program page 5 • 5 8/12/92 Section 5 SWPP Plan Part 2: Storm Water Management Controls 5.2.5 Personnel responsible for storm water pollution prevention Identify specific individuals (by name and job title) who are responsible for developing, implementing and revising the SWPP Plan. Update this section each year when you conduct the annual evaluation and revision of the SWPP Plan. 5.2.6 Employee training Describe your employee training program. The program should be used to educate all personnel responsible for implementing the SWPP Plan. Training should address spill response, good housekeeping, and material management practices. Identify the d»« for training of all personnel. Some further suggestions are described in the Employee Training Procedures section on the next page. 5.2.7 Industrial storm water discharge treatment procedures (if any) Describe any existing or planned storm water discharge treatment procedures. 5.2.8 Waste collection, recycling, and disposal practices Describe waste handling practices used to minimize potential contact between wastes and storm water run off. Be sure to discuss methods of waste storage prior to final disposal or removal from your site. Identify any areas where wastes may be directly exposed to storm water (e.g., scrap metal yards, open waste bins or burial areas). Discuss any proposed improved management practices that will eliminate these potential exposures. 5.3 Inspection Program Develop inspection procedures to identify evidence of, or the potential for, pollutants entering storm water runoff. Inspection should be performed by trained personnel Provide inspection schedules and describe inspection log books or other records. Records of inspections should be maintained for at least five years and include details of tracking or follow-up procedures. Inspections must include: • Inspection of buildings • Inspection of loading docks and outside areas • Inspection of storm water control system • Facility inspection for verification of SWPP Plan accuracy 5.4 Record Keeping and Reporting Procedures Describe your record-keeping and follow-up procedures to ensure that corrective actions have been taken in response to results of inspections and/or spill response. Provide documentation procedures for reporting to appropriate agencies. 5.5 New and Proposed Storm Water Management Controls and Implementation Schedule If you have designed or developed new structures or management procedures to improve storm water pollution prevention, describe them here. Include drawings or sketches of proposed structures. Provide documentation procedures (e.g., log books or other records) for newly developed management practices. Finally, provide the proposed schedule for implementation. The Santa Clara Valley NPS Program page 5 - 6 8/12/92 Section 5 SWPPPtan Part 2: Storm Water Management Controls Employee Training Procedures When you hold training sessions, keep records of personnel who are trained in storm water pollution control and how many hours they spend training. Training in storm water management may be added to existing training for safety procedures, operating practices, or other sessions you routinely conduct The training should include familiarizing plant personnel with the contents of your SWPP Plan. Employees who operate any equipment you have identified as potential sources of storm water pollution need to be informed of Best Management Practices and operational controls that you have designed to control storm water pollutants. Also, provide training on the contents of your SWPP Plan to employees identified as key individuals in the Plan and employees who conduct inspections and maintenance programs called for in the Plan. Keep records of training completed by plant employees, and attach the records to your SWPP Plan to keep it up to date. Figure 5-1, on the following page, is a sample training documentation form that you may photocopy and use. 77»« Santa Clan Valley NPS Program 5-7 8/12/92 Section 5 SWPP Pfan Part 2: Storm Water Management Controls Figure 5-1 Sample Training Documentation form Storm Water Pollution Prevention Training Sessions Person Trained; Position or Job Title Date Hours 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. Section 6 Non-Storm Water Discharge Elimination 6. NON-STORM WATER DISCHARGE ELIMINATION A non-storm water discharge is any discharge other than storm water that flows into a storm water conveyance system or receiving water. It commonly consists of process water, wastewater, or washing water that is improperly plumbed so that the discharge enters the storm system. It may also include materials such as oil or hazardous materials that are dumped or improperly disposed of to the storm system. Improper plumbing connections are frequently referred to as "illicit connections"; however, non-storm water dis- charges may result from inadvertent as well as intentional sources. For example, floor drains in older industrial facilities may be plumbed co discharge into the storm drain, which was accept- able practice in the past Unauthorized discharges to the storm drain, whether they are intentional or inadvertent, fall into a category that the General Permit defines as "illegal dumping." Discharges of non-storm water resulting from such illicit connections and other improper discharges are of concern because they may be sources of pollutants in storm water. While some non-storm water discharges are not harmful, the regulations prohibit use of the storm drain system for their discharge. With certain reasonable exceptions, storm water conveyance and receiving waters should receive only storm water. Table 1 of the General Permit (reproduced on the follow- ing three pages) lists a number of common water wastes from industrial plants and indicates whether they are allowed to be discharged to the storm drain. ORGANIZATION OF THIS SECTION This chapter defines and describes the problems associated with non-storm water discharges to separate storm sewer systems and receiving waters. It describes various methods available to identify and eliminate non-storm water discharges and discusses the steps involved in obtaining a certification that such discharges have been eliminated. This certification is required by the California general permit. The Santa Clara Valley NFS Program page 6-1 3/8/92 Section 6 Non-Storm Water Discharge Elimination IDENTIFYING IMPROPER CONNECTIONS As staled above, the General Permit requires that you investigate your facility, identify any im- proper connections that may exist, and eliminate them. There are several methods available for identifying such connections. The General Permit does not specify which method you must use, so you should read through the various methods and select one that best fits your needs. Piping Schematic Inspection/Visual Inspection At many smaller or less complex facilities, it may be possible to identify improper connections by reviewing piping schematic drawings and per- forming several spot checks to verify their accu- racy. Many facilities (particularly newer facili- ties) have carefully-drawn plans that illustrate piping connections, locations of floor drains, sanitary lines, storm drains, and water supply lines. To perform the inspection, trace each discharge line to its intersection with a major trunk line. Floor drains, sanitary lines, process and wastewater lines, etc. should not discharge to the storm drain system. As you do the inspection, note the locations where any non-storm water lines are connected to the storm drain system. If no such connections are apparent, spot check several connections shown on the plans to ensure that the plans are accurate. If you do not have piping schematics for your facility or if the schematics are incomplete or inaccurate, you can try to trace pipes visually to see where they discharge. If this is not possible, you should use a different identification method, such as one of the tests described below. Smoke Tests and Dye Tests At many facilities, it may not be possible to identify improper connections through simple inspection of piping schematics. In this case, it will be necessary to perform physical tests on the piping system. Smoke tests and dye tests allow you to trace the pipes to observe where they discharge. The two tests are described in some detail below. However, unless your employees have specific experience in conducting these tests, you should retain a qualified person or contractor to perform them, since the procedure is complex and can yield inaccurate results if improperly performed. Smoke Tests. A smoke test is performed by injecting a slug of non-toxic smoke into a pipe (e.g., floor drain) and tracing it to its ultimate discharge point The smoke will travel along the pipes and into whatever conveyance to which the pipe connects. For example, improper connec- tions may be identified if smoke is seen rising from storm drain catch basins or culverts. Dve Tests. In other facilities, use of dye tests is more appropriate. Dye tests follow a similar principle to smoke tests in that a slug of non-toxic dye is injected in water at one end of the pipe and is traced to its discharge point. If dye is observed in the storm drain system, then the pipe is improp- erly connected. Television Camera Survey Finally, there is a more advanced—and conse- quently more costly—method of identifying im- proper connections by using a television camera specially designed to work inside a pipe. Such cameras can "see" the inside perimeter of the pipe as they are moved along the length of the pipe. All connections coming into the pipe can be observed, as well as the ultimate discharge point. While this method yields the most complete infor- mation of all methods described here, it is costly, and thus is not recommended except for very large, complex facilities. Note that TV camera surveys must be performed by a qualified contrac- tor. The Santa Clara Valley NFS Program page 6-2 3/8/92 Section 6 Non-Storm Water Discharge Elimination ELIMINATING IMPROPER CONNECTIONS The methods described above have to do with identifying improper connections. If any of your inspections reveal such a connection, the next step is to eliminate it. Eliminating an improper con- nection may require expensive plumbing work to re-route discharge points. For example, all floor drain connections to the storm system must be changed so they connect to the sanitary system or process/wastewater discharge line. The certifica- tion required for the general permit cannot be completed until every improper connection is eliminated. ILLICIT CONNECTION ELIMINATION CERTIFICATION Once you have completed your inspection and eliminated all improper connections at your facility, you can complete the required certifica- tion. The certification must be completed prior to implementation of the storm water pollution prevention plan, or before October 1,1992.' It should include a signed statement that all illicit connections have been eliminated. In addition, it should include: • Facility name and address • Description of all tests and specific methods used to identify the presence of non-storm water discharges • Dates of testing • Any on site drainage points observed during the testing • Signature of facility officer In the event that you cannot obtain the certifica- tion prior to October 1,1992, you should notify the Regional Board and the Santa Clara Valley NFS program, in writing (before October 1,1992) and request an extension. You will be required to provide justification for the requested extension, along with a schedule and date by which you will eliminate the connection(s). The time limit for completing the elimination is three years from the date you submit your NOI, or by July 1, 1993. An example illicit connection elimination certifi- cation is provided in Section V-4, below. Signatory Requirements A certification that all non-storm water discharges have been eliminated must be certified and signed. Signatory requirements are as follows: • For a corporation: a responsible corporate officer • For a partnership or sole proprietorship: a general partner or the proprietor, respectively • For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. ' Note: such certification may be infeasible if major structural plumbing changes are required. The Santa Clara Valley NFS Program page 6-3 3/8/92 TABLE 1. DISCHARGE CONTROL OPTIONS Preferred Disposal Options Primary Control Approach Type of Discharge 17. Unconlaminalcd Groundwalcr Infill ration 18. Contaminated Groundwalcr Infiltration When is the Discharge to the Slorm Sewer Permissible Always Only if in compliance wilh NPDES permit Slorm Sewer X NPDES Permit Required Sanitary Sewer Recycle /Reuse X X Hazardous Waste or other Disposal Public Education Regulatory Illegal Dumping and Illicit Connection Elimination Program X X Note 7 7 Notes: * except when super-chlorinated or chemically cleaned - then discharge goes to sanitary sewer ** except when it is contaminated and the situation allows for containment and offsite disposal t (Note from the Santa Clara Valley NPS Program: We interpret this to mean that a storm water NPDIiS permit may be required.) 1. The illegal dumping program should concentrate on eliminating the dumping of oil, ami-freeze and olhcr pollutants in industrial and commercial areas. The public education program will concentrate on eliminating dumping in rcsidcniial areas. 2. It would be impracticable to prevent individuals from washing their cars and the illegal dumping program should not devote resources in this area. However, if the public arc going to wash their cars, the public education part of the program can provide information to individuals about how 10 minimize the environmental effects of car washing (biodegradable soaps, wash on permeable surfaces, etc.). 3. All industrial discharges to storm drains should not be permitted. If discharge appears contaminated, then record as an illicit connection or illegal dumping. 4. Chlorinated swimming pool water should not be discharged to the storm sewer. Some sewer districts do not allow swimming pool water to the sanitary sewer. In these cases the water will have to be dechlorinalcd before discharging to the slorm sewer. Tiller back wash water is not allowed in the siorni scwcr and must go the sanitary sewer. Public education program needed. 5. Cooling water should always have a NPDIiS permit to discharge. Recycle is checked as » preferred disposal option. This is not practicable for ill industries. Where possible, industries should be encouraged to cither construct cooling ponds so the water is reusable or possibly find olhcr uses on site for the water. 6. Wash waters from commercial and industrial facilities include runoff from vehicle and equipment washing, steam cleaning and cleaning pf areas used for industrial or commercial activities. 7. Check with SCVWD to determine if site is located within a known groundwatcr contamination plume. C:\SCV Nil (I'AI7)6, I'W2 TAI 1. DISCHARGE CONTROL OPTIONS Preferred Disposal Options Primary Control Approach Type of Discharge 1. Residential I.awn Irrigation 2. Dumping of oil, anli-frecze, paint, household liquids 3. Residential Car Washing 4. Commercial Car Wash 5. Industrial Discharger (excluding cooling water) 6. Swimming Pool Water 7. Water Line Mushing 8. Pire Fighting Mows 9. Potable Water Sources When is the Discharge to the Storm Sewer Permissible Always Never Always Never Never only when dechlorinatcd Always* Emergency Only Always Storm Sewer X X X X X X Sanitary Sewer X X Recycle /Reuse X X X X X X Hazardous Waste or other Disposal X X when above prclrealmenl limits X when heavily contaminated Public (Education X X X I Regulatory Illegal Dumping and Illicit Connection Hliminalion Program X X X Note . 2 3 4 C:\SCV\TAB2-NU (PAP)March 6, 1992 TABLE 1. DISCHARGE CONTROL OPTIONS Preferred Disposal Options Primary Control Approach Type of Discharge 10. Unconlaminaled Foundation Drains 11. Contaminated Foundation Drains 12 Pumped Groundwalcr for Clean-up Operations 13 Cooling Water 14. Roof Drains 15. Air Conditioner Condensation 16. Wash waters from Commercial Industrial Facilities When is the Discharge lo the Storm Sewer Permissible Always Never Only if in compliance wilh NPDnS permit Never unless no chemicals added and has NPDHS permit Always except when contaminated or drains industrial area Always Never Storm . Sewer Permit Required t NPDI-S Permit Required Permit Required t X X Sanitary Sewer X X X Recycle /Reuse X X X X X Hazardous Waste or other Disposal Public Education •Regulatory X Illegal Dumping and Illicit Connection Elimination Program X X X X X ' Note 5 6 C:\SCV NO (PAF)6, \W2 SOURCE IDENTIFICATION Provide physical description of site and identify potential sources of pollutants to storm water runoff.i Requirements: • Topographic Map • Site Map • Narrative Description of Site, Pollutants and Controls EROSION AND SEDIMENT CONTROLS Requirements: Vegetative Controls Hydraulic Controls Controls to Prevent Tracking of Sediment onto Roads Controls to Reduce Wind Erosion I I NON-STORM WATER MANAGEMENT • Requires developer to eliminate or reduce non-storm water discharges to the extent feasible • Certain discharges are permissible if identified in the SWPP and properly managed • Examples of Permissible Discharges: - landscape irrigation (to maintain vegetative controls) - pipe flushing and testing - street washing - dewatering POST-CONSTRUCTION CONTROLS Controls to reduce potential storm water pollution after construction has been completed. Often called "New Development Controls." A topic in itself. Example Types: • Source Controls: practical approaches (e.g., education and storm drain stenciling) • Source Controls: by design (e.g., maintain pre-development conditions) • Treatment (or Structural) Controls remove pollutants from runoff POST-CONSTRUCTION CONTROLS, cont. Issues: Capital Costs/Feasibility Operation and Maintenance Responsible Party Long-Term Funding Groundwater Protection WASTE MANAGEMENT AND DISPOSAL Dispose of or remove all wastes in compliance with Federal, state, and local laws. Useful to include a plan for disposal of all wastes MAINTENANCE AND INSPECTION SWPPP must describe procedures to maintain all grade surfaces, structures, and storm water controls. Must Inspect: • equipment and construction areas • materials handling sites • storm water controls Frequency of Inspection: • To be specified by the developer BMPs: Best Management Practices Source Controls Hydraulic Controls Treatment-Based (or Structural) Controls Implemented in the Storm Water Pollution Prevention Plan POTENTIAL CONSTRUCTION SITE POLLUTANTS • Nutrients and Sediment • Oil and Grease • Oxygen-Demanding Substances • Toxic Pollutants and Heavy Metals POTENTIAL SOURCES OF POLLUTANTS Soil Erosion (by water and/or wind) Cleared Vegetation Vehicles and Equipment Concrete Washout Paints, adhesives, solvents, and other toxics Landscaping products (pesticides and fertilizers) CONTROLS FOR SOIL EROSION • Cover exposed soils and stockpiles (tarps) • Preserve existing vegetation and roots and revegetate quickly following construction • Divert runoff around disturbed soils (berms, swales) • Use sedimentation basins, filter fences, grass swales, etc. to trap eroded sediment on site • Minimize truck traffic and sweep access areas • Refer to ABAG's Manual of Standards for Erosion and Sediment Control for additional requirements CONTROLS FOR CLEARED VEGETATION Remove only what is needed: leave native vegetation in place when possible Compost vegetation away from streams or at regional composting areas L CONTROLS FOR VEHICLES AND EQUIPMENT • Fix leaks on vehicles and equipment immediately • Perform fueling and maintenance in one location • Use drip pans to catch leaks • Cover waste disposal containers CONTROLS FOR CONCRETE WASHOUT Do not dispose washout to the storm drain or onto the street where it can flow into a storm drain Use designated concrete washout areas For concrete aggregate driveways, wash fines to the side or into sediment basins or straw bales CONTROLS FOR PAINT, ADHESIVES, SOLVENTS, AND OTHER TOXICS Clean up spills immediately Cover all paints, solvents, etc. and their containers (under tarps or in a shed) Minimize wastes and dispose of properly Cover dumpsters and other waste storage areas Educate employees and subcontractors in proper material handling practices CONTROLS FOR LANDSCAPING PRODUCTS Use the minimum amount of product needed Mix only the amount of chemical needed for the site Do not overwater fertilized areas; minimize runoff MONITORING PROGRAM Objectives: • To certify that operators of the construction site are in compliance with the General Permit • To evaluate whether control practices specified in the SWPPP are adequate MONITORING REQUIREMENTS Site Inspections Conduct visual inspection of storm water discharges before and after all anticipated and actual storm events Keep records including date of inspections, name of inspector(s) and observations (ALL records must be retained a minimum of three years) September 10, 1993 August 21, 1992 91010-06.LET SOURCE CONTROL BEST MANAGEMENT PRACTICES THIS SECTION LISTS SPECIFIC CONTROL METHODS TO BE USED TO HELP CONTROL, REDUCE OR PREVENT (PREFERRED) THE DISCHARGE OF POLLUTANTS OF IDENTIFIED ACTIVITIES AND PRACTICES INTO THE STORM DRAIN SYSTEM PREPARED BY STATE OF CALIFORNIA EXCERPTS FROM STORM WATER BEST MANAGEMENT PRACTICES HANDBOOK FOR INDUSTRIAL/COMMERCIAL - SECTIONS 4 - SOURCE CONTROL BMPs DRAFT COPY 11/13/92 4. SOURCE CONTROL BMPs INTRODUCTION 1—1 This chapter describes specific source control •••••••^••MMM Best Management Practices (BMPs) for common industrial activities that may pollute storm water. Chapter 2 led you through the steps of identifying activities at your facility that can pollute storm water while Chapter 3 provided guidance on selection of BMPs. This chapter provides you with the BMPs that best fill your facility's need. Best management practices for each of the activities shown below are provided in the following fact sheets. Each fact sheet contains a cover sheet with: • A description of the BMP • Approach • Requirements - Cost, including capital costs, and Operations and Maintenance (O&M) - Maintenance (including administrative and staffing) • Limitations The side bar presents information on where this BMP applies, targeted constituents, and an indication of the level of effort and costs to implement. Further information is also provided in additional sheets. This information includes a more detailed description of the BMP, requirements to implement, examples of effective programs, and references. BMPs are provided for each of the following industrial activities consistent with worksheet 4 in Chapter 2. Industrial Activities Requiring BMPs SCI Non-Storm Water Discharges to Drains SC2 Vehicle and Equipment Fueling SC3 Vehicle and Equipment Washing and Steam Cleaning SC4 Vehicle and Equipment Maintenance and Repair SC5 Outdoor Loading/Unloading of Materials SC6 Outdoor Container Storage of Liquids SC7 Outdoor Process Equipment Operations and Maintenance SCS Outdoor Storage of Raw Materials, Products, and By-Products SC9 Waste Handling and Disposal SC10 Contaminated or Erodible Surface Areas SCI 1 Building and Grounds Maintenance SCI2 Building Repair, Remodeling, and Construction SC13 Over-Water Activities Industrial Handbook 4 - 1 11/13/92 -DRAFT ACTIVITY: NOfwroimWATER DKCHAB^TOORAWS Application* Construction DESCRIPTION Eliminate non-storm wiser <ti«rhjra»« to the storm water coUectioa system. NOD _ water discharges may include; process wastewaters, exacting waters, wash waters, aid sanitary wasiewater. APPROACH Hie following approaches may be used to identify oca-storm water discharges: • Visual The easiest metbod is to inspect each discharge point during dry weather. Keep in mind that drainage from a storm event can continue for three days or more and groundwater may infiltrate the underground storm water coUectioa system. Piping Schematic Review The piping trtv^natir is a map of pipes and drainage systems used to carry wastewater. cooling water, sanitary wastes, etc. A review of toe "as-built" piping schematic is a way to determine if (here are any connections to the storm water collection system. Inspect the path of floor drains in older buildings. Smoke Testing Smoke testing of wasiewater and storm water coUectioa systems is used to detect connections between the two systems. During dry weather the storm water collection system is filled with smoke and then traced to sources. Tbe appearance of smoke at the base of a toilet imficaus that there may be a connection between the sanitary and the storm water system • Dye Testing A dye test can be performed by simply releasing a dye into either your sanitary or process wastewater system and examining the discharge points from the storm water collection system for discoloration. REQUIREMENTS Costs (Capital, O&M) Can be difficult to locate illicit connections especially if there is groundwater infiltration. LIMITATIONS • Many facilities do DOC have accurate, up-to-date schematic drawings. • TV and visual inspections can identify illicit connections to the storm sewer, but further testing is sometimes required (e.g. dye, smoke) to identify sources. Targeted Constituents O Stdfrmnr O O Deamnd- Ing Subst»nc»a out « VZruM* UMrteHiwi Imp4«m«ntation Requirements Q O OlHCottm O U*int*n*nc Q Tnlnlng High O Low SC1 Best Mana Practices Industrial Handbook 4- 2 11/13/92 DRAFT Facilities subject to soxrn water permit leq its must include a certification that dte storm water < has been tested or evaluated for the presence of aon-storm wa» discharges. The State's General Industrial Storm Water Permit requires that noo-stonn water discharges be Hhninatrd prior to hnpfrtM«yinn of tbe facility's SWPPP. Non-storm water discharges to tbe storm water collection system may include my water ned directly in tbe "•— nfacnir ing process (process wastewater), air conditioning condrmatr and coolant, non-contact coating water, cooting equipment condensate. outdoor secondary ffn*» ^pnvnf water, vehicle ***** equipment wash water. «"**? «**f drinking f wastewflter, sanitary wastes, or other wastewaten. In general, any discharge to a municipal separate storm sewer that is not entirely storm water is m illicit dis- charge. Tbe endosed table presents disposal option information for specific types of wasawaiers. To ensure that tbe storm water system discharge contains only storm water, industry should: '^^<'•J^y^f^ to die nirmirfppi storm sewer system or waters of tbe Unued States Cram tbe storm sewer system from: "as-buillT pipeli visual observation (walk boundary of plant site). Locate and evaluate all discharges to the industrial storm sewer system (including wet weather flows) from: "as-built" pipeline schematics, dye tests. TV camera, chemical field test kits, and smoke tests. Develop plan ID *>«ni«ate illicit connections: replumb sewer lines, isolate problem areas, and plug illicit discharge points. Develop disposal options. Document that non-storm water discharges have been gi»minatft»j by recording tests performed. used dates of testing, and any on-site drainage points observed. I General Industrial Storm Water Permit SWRCB, 1992 in to South San Francisco Bay or its Tributaries. SFBRWQCB, 1992 Slonn Water Pollution Prevention for Industrial Activities (Draft), USEPA. 1992 SC1 Industrial Handbook 4- 3 11/13/92-D RAFT I. DISCHARGE CONTROL OITIONS FHOM SANTA CLAKA VALLEY GIJNEHAL PERMIT) 3 O. I 3. P acroo7T Preferred Disposal Options Primary Control Approach Type o/ Discharge I. Residential L«wn Irrigation 2. Dumping of oil, •nll-freete. paint, household liquids 3. Residential Car Washing 4. Commercial Car Wish 5. Industrial Discharger (deluding cooling water) 6. Swimming Pool Water 7. Water IJne Hushing • n« Fighting Flow* 9. Potable Water Sourccf When Is the Discharge to the Storm Sewer Permissible Always Never Alwyt Never Never only when dcchlorinalcd Atwcyt* Emergency Only Always Storm Sewer i i . . , i Sanitary Sewer , i Recycle /Reuse i , i i . i llaurdous Waste or other Disposal i i when above prclrcalmcnt limits « when heavily contaminated Public Education I i i i Regulatory llkg.1 Doping and Illicit Connection CUmlnalkMPiogram , , , Note 1 1 1 4 Ivt TABLE I. DISCHARGE CONTROL OPTIONS Preferred Disposal Primary Conlrol Approach •tyjM Ol DUfktffC ,0. U.C«,,..,M,«, Dnlu II. ConlamUaied ftnifldtllm Prtlm 12. Pumped OrouwlMUr for Oea«-up QpcniioM II. CoolUg Water 14. Roof Dnins 15. Air Conditioner 16. Walk wiicn fiom Commcidil Indtuiiul IWiliiici Wbti U the UiKkirgc to Ike Storm Sewer rtrmiMlfck Almy* tkvtr Oaly U U complUocc •ilk NPD11S permit Never unleu •ochcmictU •ddcd and k*t NPDGS pcrmli AJwtyl cM-cpi when ronumiiuied or dnlnt indwitrial area Alwayt Ncv«r Slorm ScMf PenrtU NPDCS Permit Required Permit Requited . i Sanitary Sewer i i • Recycle /RcuK * i i i « llaiardout Watlc or olkcr DIlpOMl Public Education Regulatory i Illegal Oumpl«| a*d Illkit Co»*utlaa GlImlMtiM riot/** • i i i i Nuu s i i 1. LMiCilAKtili i KOL Ul' 1 IONS 3 CL 3. E. croo Preferred Pisposal Ontiuns.Pfimary Control Approach, TVpC Of Discharge 17. UnconlaajlMied Oroundwaicf Infiltration IB. Contaminated Groundwalcr Infiltration When U the Ditchargc la the Storm Sewer fcrmluibk Alwayt Only if i* compliance with NPDI1S permit Storm Sewer i NPDIiS rtrmll Required Sanitary Sewer Recycle /Rcuic « • lUtanlaut Watte or other Disposal fublk HJuctiio*Rc|uUi(MY Ilkpl Du«p4«| •Ml IMidl CCMMMIkMI eUatlMtk* fiD(iraM • i Note 1 1 Os Noict: *ht« iupcr<liloiintlcd or chcmicilljr cleaned - then diuhif|c |uci lo unlltry tcwct •* t*tpt when it It conuminilcd end ike diuilton »||OM (or roniiinmcni and oflslu dltpoul 1. The ilk|>l dumping prognm ihould ronrtnlnlc M climlnalin| the dumping of oil, »nti frccic and oiher pollulanii in imJuiliiil and rommcicial aicat. 'IKc publk cductikw prognua nrlii cokccalraic «M climiMlln| dumpinf !• rciUcallal art**. 2. ll would be impracticable lo prevent individuals (rum wuhinf their can and the illegal dumping program inouM not devote retourcet in thl* aica. lluwcvcr. if the publk an going to »*«k their cart, the public education part of the program c»n provide information to Individual* about how to mialmiic the cnvtronmcMal cffccla of car walking (biodegradable toapa. nth on permeable turfarci, etc.). J All indutlrial diuharget to norm drain* ihould not be permitted. If ditrhaige appear* contaminated, then reran! ai an Illicit ronncrtion or llltpl dumping, 1 4. Chlorinated Dimming pool water ihouU not be diMhaigcd to the dorm tcwcr. Some tewcr ditirirlt do not allow twimmUg pool water lo the aanllary tcwer In thctc cue* the water will hra lo be dcchlorinalcd before discharging lo the llorm acwcr. I illti back w«ih water if not allowed in the Mono icwer and mutl go the Mnllary tcw«r fublk cducalioM piugram needed 5. Cooling water thould alway* have a NPDRS permit lo ditchaigc. lUcycle ii checked ai a preferred diipowl option 'Ihii U not praclkabk fur all Indiulrici Where puuibk, Udutlik> thould be ciicoMragcd lo cither conttntct cooling pondi ao the water U rcuiabk or poMibly find other uici on tile for the water. i. Wath water* from commercial and Indiulrial facillllc* Include runoff from vchlck and equipment wathing. fleam cleaning and cleaning ft area* ufed for Indutiiial or rommcicUl acihtik* 7. Check with to determine if file if located within a known groundwaicr contamination plume. ACTIVITY: VEHICLE AND Eoupiiiwr FUELING Application* Umnufmcturing DESCRIPTION Prevent fuel spills and '**fry and reduce their impacts to storm water. APPROACH • Design the fueling area to prevent toe runoo of storm water and toe runoff of spills: Cover fueling area if possible. Use a perimeter drain or slope pavement inward with drainage to sump. Pave fueling area with concrete rather than asphalt. • If dead-end sump is not used to collect spills, install an oil/water separator. Install vapor recovery nozzles to help control drips as well as air pollution. • Discourage "topping-off of fuel tanks. • Use secondary containment when transferring fuel from the tank truck to the fuel f^nlr • Use adsorbent materials on small spills and general cleaning rather than hosing down the area. Remove the adsorbent material^ promptly. Carry out all Federal and State requirements regarding underground storage tanks, or . install above ground tanks. • EX} not use mobik fueling of mobile industrial equipment around the facility; rather. transport the equipment to designated fueling areas. • Keep your Spill Prevention Control and Countermeasure (SPCO Plan up-to-date. • Train employees in proper fueling and cleanup procedures. REQUIREMENTS • Costs (Capital. O&M) The retrofitting of existing fueling areas to mmmnr storm water exposure or spill runoff can be expensive. Good design must occur during the initial installa- tion. Extruded curb along the "upstream" side of the fueling area to prevent storm water runoo is of modest cost. • Maintenance Clean oil/water separators at the appropriate intervals. Keep ample supplies of spill cleanup materials on-site. Inspect fueling areas and storage tanks on a regular schedule. LIMITATIONS • Oil/water separators are only as effective as their maintenance program. Targeted Constituents O SftOmtnt O HutrivttM • Toxic Uattrimlf O ftoetaWe 4frf«ri«/« O Oxygen D^nmnd- Ing Subftmnc** 9 out cart Impoct Unknown Impact Imptomantation Requirements Q Capte/Cocts O OAUCo** Q Uaint»n*nc* Q Trmining High O SC2 Best' Management Practices^ Industrial Handbook 4 -7 11/13/92 -DRAFT Additional Information— Spills from fueling or from the transfer of fuels to the storage tank can be a iigniP"*"' source of poUucon. Fuels carry contaminants of particular concern to humans and wildlife, such as heavy metals, toxic nurrrialv and oil and crease, which are ooc easily removed by storm water treatment devices. Consequently, control at the source is particularly important. Adequate control *•"" be achieved with careful design of the initial installation, retrofitting of existing installations, and proper spin control and cleanup procedures, as described below. D^SJgn, With new my^iiarirm^ design the fueling area to prevent the runon of storm water and me runoff of spills. This can be achieved by contouring me site in the appropriate fashion. Covering the site is the best approach but may not be feasible if very large mobile equipment is being fueled. Storm water runon can be diverted around the fueling area by an extruded curb or with a "speed bump", if vehicle access is needed from this direction. Spills can be contained within the fueling area either by using a perimeter drain or by sloping the pavement inward with drainage to a sump. In both cases the drain can be connected to the storm drain with a valve that is either kept dewed except daring rainy weather, or kept open except during fueling operations. Pave the fueling area with Portland crmnu concrete rather than asphalt, since the laoer will gradually disintegrate and be washed from the site. Soill ronrml The following spill control measures will reduce spilling or reduce the loss of spilled fuels from the site: Install vapor recovery nozzles. • Do not "top off tanks. • Place secondary containment around the fuel truck when it is transferring fuel to the storage tank. The truck operator should remain with (he truck while the transfer is in progress. Place a stockpile of spill cleanup materials where it will be readily accessible. • Use dry methods to clean the fueling area whenever possible. If you periodically clean by pressure washing, place a temporary plug in toe downstream drain and pump out the accumulated water. Properly dispose the water. • Train employees on proper fueling and cleanup procedures. Designated Area If your facility has large numbers of mobile equipment working throughout the site and you currently fuel them with a mobile fuel truck, consider pHafrfr«*""if a designated area for fueling. With the exception of tracked equipment such as bulldozers and perhaps small forklifts, most vehicles should be able to travel to a designated area with tittle lost time. EXAMPLES OF EFFECTIVE PROGRAMS • The Spill Prevention Control and Countermeasure (SPCQ Plan, which is required by law for some facilities, is an effective program to reduce the number of accidental spills. fify nt Pain Aim ha« an rffrrtivr program for enmttvrpial vehicle v^fvigg frrilirie*- Many at the prop rani's elements, including specific BMP guidance and lists of equipment suppliers, are also applicable to i facilities. REFERENCES Water Quality Best Management Practices Manual. City of Seattle, 1989 Best Management Practices for Automotive-Related Industries, Santa Clara Valley Noopoim source Pollution Control Program. 1992 Storm Water Pollution Prevention for Industrial Activities (Draft), USEPA, 1992 Best Management Practices for Industrial Storm Water Pollution Control, Santa Clara Valley Nonpoint Source Pollution Control Program. 1992 SC2 Industrial Handbook 4-8 11/13/92 -DRAFT ACTIVITY: VEHICLE AND eouff^EKTWAaiiNG 4 STEAM CLEAWNG Application* Umnutmcturlng Uftmriml HmntOng 5/>fc* Ufintt^n^. HMtructfofT Wm*t» Contminnwnt DESCRIPTION Prevent or reduce the discharge of pollutants to storm water from vehicle and equipment washing and steam cleaning. APPROACH • Consider off-site commercial washing =»**cleaning busi Use designated wash areas, preferably covered to prevent contact with storm water and bermed to contain wash water. Discharge wash water to sanitary sewer, after contacting local sewer authority to find out if pretreatment is required. FdiKiue employees on pollution prevention measures. Consider filtering and recycling wash water. Do DOC [f-"M** gf^am cleaning wash water to enter the storm drain. REQUIRMENTS Capital costs vary depending on measures implemented. Low cost (5500-1,000) for berm construction. Medium cost (55,000-20,000) for plumbing modifications (including re-routing discharge to sanitary sewer and installing simple sump). - High cost ($30,000-150,000) for on-site treatment and recycling. • O&M costs increase with increasing capital investment. • Maintc Berm repair and patching. Inspection and maintenance of sumps, oil/water separators, and on-site treatment/ recycling units. LIMITATIONS • Some municipalities may require pretreatment and monitoring of wash water dis- charges to the sanitary sewer. • Steam cleaning can generate significant pollutant concentrations requiring permitting, monitoring, pretreatment. and inspections. The measures outlined in this fact sheet are insufficient to address all the environmental impacts and compliance issues related to steam cleaning. Targeted Constituents • Sediment • Mutrfcnte • Toxic O fiMt*>te ttrtarai* • Oxygon Osmund- • 0//4G/MM O Bmc*ri» A VZru*e» Ufafrto/faw Unk Imptoowotatlon Requirements O C*p/t»/Co«t» O OtMCott* O U»int»nmnc9 O Trmining High O ^MT SC3 Best1 Management PractJces> Industrial Handbook 4- 9 11/13/92-D RAFT Additional Information — Washing vehicles aid equipment outdoors or in areas wbere wash water flows otuo the {round can pollute storm water. If your facility washes or steam deans a large number of vehicles or pieces of equipment, cmuadrr contracting out this work to a commercial business. These businesses are beoer equipped to handle and dispose of the wash waters property. Contracting out (bis work can also be economical by eliminating the need for a separate washing/cleaning operation at your facility. If washing/cleaning must occur on-site, consider washing vehicles inside the building to control the targeted constituents by directing mem to toe sanitary sewer wbere they can be pretreated or sent directly to the sanitary treatment facility. Washing operations outside should be conducted in a designated wash area having the following characteristics: • Pyi*d with Portland ffmf*n *'''•*' r^f, • Covered or bermed to prevent contact with storm water. Sloped for wash, water collection, • Discharges wash water to the sanitary or process waste sewer, or to a dead-end sump. Discharge pipe should have a positive control valve that allows switching between the storm drain and sanitary or piocest sewer. Equipped with an oil/water separator (see Chapter 5. TC7. Oil/Water Separators and Water Quality Inlets). EXAMPLES OF EFFECTIVE PROGRAMS The City of Palo Alto has an effective program for commercial vehicle service fa"i«*>< Many of the program's elements, including specific BMP guidance and lists of equipment suppliers, are applicable to indn<mal vehicle service facilities. The U.S. Postal Service in West Sacramento has a new vehicle wash system that collects, fibers, and recycles the wash water. REFERENCES Water Quality Best Management Practices Manual. City of Seattle. 1989 Best Management Practices for Automotive-Related Industries, Santa Clara Valley Nonpomt Source Pollution Control Program, 1992 Storm Water Pollution Prevention for Industrial Activities (Draft). USE? A. 1992 Industrial Handbook 4 - 10 11/13/92 -DRAFT ACTIVITY: DIKE TO PREVENT FROMENTERHM STORM DRAIN Applications Manufacturing Umt^fml Htndttng Wmtt» Containtrmnt v*t DESCRIPTION Prevent or reduce the discharge of pollutants DO storm water from vehicle and < and repair by ninning 3 dry shop. Targeted Constituents APPROACH • Keep equipment dean, don't allow excessive build-up of oil and grease. • Keep drip pans or containers under the areas that might drip. • Do not change motor oil or perform equipment mamtmanr* in non-appropriate areas. Use a vehicle ""hu^nancg area designed to prevent storm water pollution. • Inspect equipment for leaks on a regular basis. • Segregate wastes. • Make sure oil filters are completely drained and crushed before recycling or disposal • Make sure incoming vehicles are checked for leaking oil and fluids. • Clean yard storm drain inlets(s) regularly and especially after large storms. • Do oot pour matrriai^ down drains or hose down work areas; use dry sweeping. • Store idle equipment under cover. Drain all fluids from wrecked vehicles. • Recycle greases, used oil or oil filters, antifreeze, cleaning solutions, automotive batteries, hydraulic, and transmission fluids. • Switch to non-toxic chemicals for maintenance when possible. • Clean small spills with rags, general clean-up with damp mops and larger spflb with absorbent • Paint signs on storm drain inlets to indicate that they are not to receive liquid or solid wastes. • Train employees. • Minimize use of solvents. REQUIREMENTS • Costs (Capital, O&M) - Should be low, but will vary depending on the size of the facility. • Maintenance -Should be low if procedures for the approach are followed. LIMITATIONS • Space and time limitations may preclude all work being conducted indoors. • It may not be possible to contain and dean up spills from vehicles/equipment brought on-site after working hours. • Drain pans (usually 1 ft. x 1 ft.) are generally too small to contain antifreeze, which may gush from some vehicles, so drip pans (3 ft x 3 ft) may have to be purchased or fabricated. • Dry floor cleaning methods may not be sufficient for some spills. Use three-step method instead. • Identification of engine leaks may require some use of solvents. O Mrfrfente O Oxygon Demand- Ing Sutetancw Oil A Untomm lap** IrnptonMntitJofi RsquirMMnts O O Q Afa/nfcmonc* O Trminlng High O Low SC4 Best Mana Practices Industrial Handbook 4- 11 11/13/92-DR A FT Vehicle or equipment maintenance is a potentially significant source of storm water pollution. Activities that can contaminate storm water include engine repair and service (parts cleaning. spilled fuel oil, etc.). replacement of Quids, and outdoor equipment storage and parking (dripping engines). For further information on vehicle or equipment servicing, see SC2, Vehicle and Equipment Fueling, and SO. Vdrick and Equipment Washing and Steam Cleaning. Waste Reduction Pans are often cleaned using solvents such as tnchJoroethylene, 1.1.1-trichJoroethane or methyiene chloride. Many of these cleaners are harmful and must be disposed of as a hazardous waste. Cleaning without using liquid cleaners (e.g. wire brush) whenever possible reduces waste. Prevent spills and drips of solvents and cleansers to the shop floor. Do all liquid cleaning at a centralized station so the solvents and residues stay in one area. I.^xatr drip pans, drain boards, and drying neks to direct drips bade into a solvent sink or fluid holding tank for re-use. Safer Alternatives If possible, '"iJTninan' or reduce the «"w->mu of hazardous "«B»riai« *nt\ waste by substituting non-hazardous or less hazardous rnai^rini* For example! Use non-caustic detergents instead of ra'iv** cleaning agents for parts cleaning (ask your supplier about alternative cleaning agents). Use detergent-based or water-based cleaning systems in place of organic solvent deg rs. Wash water may require treatment before it can be discharged to the sewer. Contact your local sewer authority for more information. Replace chlorinated organic solvents (1.1,1 -trichloroethane, metfaylene chloride, etc.) with non-chlorinated solvents. Non-chlorinated solvents like kerosene or mineral spirits are less toxic and less expensive to dispose of properly. Check list of active ingredients to see whether it contains chlorinated solvents. The "color" term indicates that the solvent is chlorinated. • Choose cleaning agents that can be recycled. • Contact your supplier or refer to trade journals for more waste minimization ideas. Reducing the number of solvents n»akg« recycling easier and rcducgs hazardous waste management costs. Often, one solvent can perform a job as well as two different solvents. Recycling Separating wastes allows for easier recycling and may reduce treatment costs. Keep hazardous and oon-hazardous wastes separate, do not mix used oil and solvents, and keep chlorinated solvents (like 1,1,1-trichloroethane) separate from non-chlorinated solvents (like kerosene and mineral spirits). Many products made of recycled (Le., refined or purified) """*"»'« are available. Engine oil, transmission fluid, antifreeze, and hydraulic fluid are available in recycled form. Buying recycled products supports the market for recycled materials. Snill Ti Clean leaks, drips, and other spills with as little water as possible. Use rags for small spills, a damp mop for general cleanup, and dry absorbent material for larger spills. Use (he following three-step method for cleaning floors: 1. Clean spills with rags or other absorbent materials. 2. Sweep floor using dry absorbent manorial. 3. Mop floor. Mop water may be discharged to the sanitary sewer via a toilet or sink. i SC4 Industrial Handbook 4- 12 n/13/92-D R A F T Additional Information — Good Houseki Also consider the following measures: • Avoid hosing down your work areas. If work areas are washed, direct wasb water to sanitary sewer. • Collect leaking or dripping fluids in drip pans or cmuainrn. Fluids are eager to recycle if kept separate. • Keep a drip pan under tbe vebide while you unclip hoses, unscrew filters, or remove other pans. Use a drip pan under any vehicle mat might teak whik you work on it to keep splatters or drips off ttae shop floor. • Promptly transfer used Quids to tbe proper waste or recycling drams. Don't leave fun drip pans or other open containers tying around. Do oot pour liquid waste to floor drains, sinks, outdoor storm drain inlets, or other storm drains or sewer connections. Used or leftover rfraning solutions, solvents, and automotive fluids and oil are toxic and should not be put in the sanitary sewer. Post signs at sinks to remind employees, and paint stencils at outdoor drains to tell ^i**""***' and others not to pour wastes down drains. Oil filters disposed of in trash cans or dumpsters can leak oil and contaminate storm water. MOM mrniW-jpaHtv* prohibit or discourage disposal of these items in solid waste facilities. Place the oil filter in a funnel over the waste oil recycling or disposal collection tank to drain excess oil before disposal. Oil filters can be crushed and recycled. Ask your oil supplier or recycier about recycling oil filters. Put pans under leaks to collect fluids for proper recycling or disposal Keeping leaks off the ground reduces the potential for storm water contamination and reduces cleanup time and costs. If the vehicle or equipment is to be stored outdoors, oil and other fluids should be drained first Designate a special area to drain and replace motor oil, coolant, and other fluids, where there are no connections to tbe storm drain or the sanitary sewer and drips and spills can be easily cleaned up. Be especially careful with wrecked vehicles, whether you keep them indoors or out. as well as vehicles kept on-site for scrap or salvage. Wrecked or damaged vehicles often drip oil and other fluids for several days. • As tbe vehicles arrive, place drip pans under them immediately, even if you believe that tbe fluids have leaked out before the car reaches your shop. • Build a shed or temporary roof over areas where you park cars awaiting repair or salvage, especially if you handle wrecked vehicles. Build a roof over vehicles you keep for pans. • Drain all fluids, including air conditioner coolant, from wrecked vehicles and "part" cars. Also drain engines, transmission, and other used parts. • Store cracked batteries in a Don-leaking secondary container. Do this with aQ cracked hm**"?*. even if you think an the acid has drained out. If you drop a battery, treat it as if it is cracked. Put it into the «-«tMmv«ir area until you are sure it is not leaking. EXAMPLES OF EFFECTIVE PROGRAMS Tbe City of Palo Alto has an effective program for commercial vehicle service facilities. Many of tbe program's elements, including specific BMP guidance and lists of equipment suppliers, are also applicable to industrial vehicle service facilities. Pick N Pull Auto DismanUen in Rancbo Cordova drains all fluids from automobiles before they enter the yard. SC4 Industrial Handbook 4- 13 11/13/92 -D RAFT ^^^^^^^^^^^^^^^^^^^^S5S3Additional Informj «*d§ ind BpdpRMGt ttahtfmnc»«id ftapiir REFERENCES Best Management Practices for Automotive-Related Industries, Santa Gara Valley Noopoint Source Pollution Control Program, 1992 Storm Water Pollution Prevention for Industrial Activities (Draft), USEPA, 1992 Best Management Practices for lodnsthai Storm Water Pollution Control, Santa Clara Valley Nonpomt Source Poilurion Control Program, 1992 Hazardous Waste Reduction • Automotive Repair Shops; DTSC Hazardous Waste Reduction Q<^Hrit«i . Automotive Repair Shops; DTSC 1988 Fact Sheet - Waste Reduction for Automotive Repair Shops; DTSC 1989 SC4 Industrial Handbook 4- 14 11/13/92-D RAFT ACTIVITY:MfTEmtLS W»gt» Contminnmnt DESCRIPTION Prevent or reduce the discharge of pollutants to storm water from outdoor loafing/ unloading of fpat^iai* APPROACH • Park tank trucks or delivery vehicles so mat spills or teaks can be mnfainrd • fnver the InaHing/nnlrtaHin «ftvta tn n^ivg Mpnanfe of ma«»>iaU tn rain Targeted Constituents O Sfeftmn* O Nutrifirtt Seal or door skin between niter and building can also prevent exposure to rain. Design loading/unloading area to prevent storm water moon: grading or berming. and position roof downspouts to direct storm water away from loading/unloading areas. Contain leaks during transfer. Use drip r"*"< invj^f hm^y, Make sure fork lift operators are property trained, Employee training for spill containment a**t REQUIREMENTS • Costs (Capital, O&M) - Should be low except when covering a large toadtng/unioad- ing area. ry. The frequency ofConduct regular inspections and make repairs as nec repairs will depend on the age of the facility. Check loading and unloading equipment regularly for teaks: valves, pumps, flanges, and connections LIMITATIONS Space and time limitations may preclude all transfers from being performed indoors or under cover. It may not be possible to conduct transfers only during dry weather. 7<urfc Jfata/fafe O Oxygta OWTM/X*- lag Subttmnc9* O QUA O Unknown fcupacf O OAMCortm O U*int»n*nc Q Trdnlng High O Low SC5 B«st Mana Practic«» Industrial Handbook 4- 15 n/13/92.DR A FT Additional Information — OutdoorLoacfln^nlbadlngoll The loading/unloading of materials usually takes place outside. Loading or unloading of ""*«•"«!« ocean io two ways: materials in containers or direct liquid transfer. Materials spilled, leaked or tost during loadaigyiBi loading may collect in toe sod or oa otter surfaces and be carried away by runoff or when toe area is cleaned Rainfall may wash pollutants from machinery used to ""load or move magnate. Toe loading or unloading may involve rail or truck transfer. The most important factors in preventing these constituents from entering storm water is; • Limit exposure Of m^r<«rial to rainfall • Prevent storm water runoo. • Check equipment regularly for leaks. • Contain spills during transfer operations. Loading or unloading of liquids should occur in the manufacturing building so that any spills that are oot completely retained can be discharged to the sanitary sewer, treatment plant, or created in a manner consistent with local sewer authorities and permit requirements. Best management practices include: • Use overhangs or door skins that enclose the trailer. • Park tank trucks during delivery so mat spills or leaks can be contained. • Design loading/unloading area to prevent storm water runon which would include grading or berming the area, and positioning roof downspouts so they direct storm water away from the loading/unloading areas. • Cbeck loading and unloading equipment regularly for leaks, including valves, pumps, flanges and connections. • Look for dust or fumes during loading or unloading operations. • Use a written operations plan mat describes procedures for loading and/or unloading. • Have an emergency spill cleanup plan readily available. • Drip pans should be placed at locations where spillage may occur, such as hose connections, hose rails, and filler nozzles. Use drip pan< when making and breaking connections. • Drip pan systems should be installed between the rails to collect spillage from tank cars. • Employees trained in spill containment and cleanup should be present during the loading/unloading. depots of cleanup material* oext to or n^aj each ifiaftingftmhTaHing area, ami irafn employees in tfrHr '?v For loading and unloading tank trucks to above and below ground storage tanks, the following procedures should be used. The area where the transfer takes place should be paved. If the liquid is reactive with the asphalt, Portland cement should be used to pave the area. Transfer area should be designed to prevent runon of storm water from adjacent areas. Sloping me pad and using a curb, like a speed bump, around the uphill side of the transfer area should reduce runon. Transfer area should be designed to prevent runoff of spiDed liquids from the area. Sloping the area to a drain should prevent runoff. The drain should be connected to a dead-end sump or to the sanitary sewer. A positive control valve should be installed on the drain. REFERENCES Water Quality Best Management Practices Manual City of Seattle, 1989 Storm Water Pollution Prevention for Industrial Activities (Draft), USEPA. 1992 Best Management Practices for Industrial Storm Water Pollution Control (Draft), Santa Clara Valley Noopoint Source Pollution Control Program, 1992 SCS Industrial Handbook 4- 16 11/13/92 -DRAFT ACTIVITY: OUTTXWRCOMWJ^STOIU^OFUQUIDS COVER TO MINIMIZE STOW* WATER DIKE TO CONTAIN SPtCLS/STOPM WATER Application* Umnufmcturing Vehicle Uaintenmnce ont floedmy* W»*t» Containment DESCRIPTION Prevent or reduce the discharge of pollutants to storm water from outdoor container storage areas by installing safeguards aytntr accidental releases, installing secondary containment, conducting regular inspections, and training employees in standard operat- ing procedures and spill cleanup techniques. APPROACH • Protect material* from rainfall, runon. runoff, and wind dispersal: Store materials indoors. Cover tbe storage area with a roof. Minize storm water runon by enclosing tbe area or binding a berm around tbe area. Use "doghouse" for storage of liquid containers. Use covered dumpsters for waste product containers. • Storage of oil and hazardous mat»rjai« must Tn^t specific Federal and State standards including: Spill Prevention Control and Counter-measure Plan (SPCQ Plan, secondary containment, integrity and leak detection monitoring, and emergency preparedness plans. • Train operator on proper storage. Safeguards against accidental releases: overflow protection devices to warn operator or automatic shut down transfer pumps, protection guards (bollards) around tanks and piping to prevent vehicle or forklift damage, and clear tagging or labeling, and restricting access to valves to reduce human error. • Berm or surround tank or container with secondary containment system: - dikes, liners, vaults, and double walled tanks. • Some municipalities require that secondary containment areas (regardless of size) be connected to tbe sanitary sewer, prohibiting any hard connections to the storm drain. REQUIREMENTS • Cost (Capital, O&M) Will vary depending on the size of the facility and tbe necessary controls. • Maintenance: Conduct routine weekly inspections and: Targeted Constituents O S«Hm*it O Nutrient* % HemvyUttml* 0 Toxic Materials O Floatable UateriaJa O Oxygen ing Subatan O O Sacte/i* 1 SlgnlUcmnt Impact Unknown Impact Implementation Requirements CtpitM/Coit* Maintenance Training High O Low SC6 Best* Management Practices'1 Industrial Handbook 4- 17 11/13/92 -DRAFT ' * —"»••*<«« ^ ^ , •..:•.,. ACTIVITY — OUTDOOR COffTAWER STORAGE OF UQUTOS(Conttaif} Check for external corrosion and structural failure. Check for spills and overfills due BO operator error, Check for failure of piping system (pipes, pomps, Ganger, coupling, hoses, and valves), Check for leaks or spills daring pumping of liquids or gases from truck or ail car to a storage facility or vice versa. Visually inspect new tank or container installation loose finings, poor welding, and imnrooer or poorly fitted gaskets, a>v^ Inspect tank foundations, coonecaoos. coatings, and tank walls and piping system. Look for corrosion, leaks, i r»Tfcj icracche*, «*f otoer physical damage **»* may weaken the ""'^ or T»H»«*T system, LIMITATIONS • Storage sbeds often most meet building and fire code requirements. scs Industrial Handbook 4- 18 n/13/92 -DRAFT Additional information — Outdoor ContafaarSloragtofUqufcfe Accidental releases of materials from aboveground liquid storage tanks, drums, and dumpsten present the poten- tial for contaminating storm waters witb many different pollutants. Materials spilled, leaked or lost from storage containers and dumpsten may accumulate in soils or on toe surfaces and be carried away by storm water runoff. These source controls apply to containers located outside of a building used to temporarily sore liquid materials. It should be noted that toe storage of reactive, ignitabte, or flammable liquids must comply witb fire codes. To limit me possibility of storm water pollution, containers used to store dangerous waste or omer liquids should be kept inside me building unless this is impractical due to site constraints. If the containers are placed outside. The following procedures should employed: • Dumpsten used to store items awaiting transfer to a landfill should be placed in a lean-to structure or other- wise covered, dumpsten shall be kept in good condition without corrosion or leaky yams Garbage dumpsters shall be replaced if they are deteriorating to the point where leakage is occurring. It should be kept undercover to prevent the entry of storm water. Employees should be made aware of the importance of keeping the dumpsten covered and free from leaks. • A fillet should be placed on both sides of the curb to facilitate moving the dumpster. • Waste container drums should be kept in an area such as a service bay. If drums are kept outside, they must be stored in a lean-to type structure, shed or walk-in container to keep rainfall from reaching the drums. Storage of reactive, ignitible, or flammable liquids must comply with the fire codes of your area. Practices listed below should be employed to enhance the fire code requirements. Containen should be placed in a designated area. • Designated areas should be paved, free of cracks and gaps, and impervious in order to contain leaks and spills. Liquid waste should be surrounded by a curb or dike to provide the volume to contain 10 percent of the volume of all of the containen or 1 10 percent of the volume of the largest container, whichever is greater. • The area inside the curb should slope to a drain. For used oil or dangerous waste, a dead-end sump should be installed in the drain. All other liquids should be drained to the sanitary sewer if available. The drain must have a positive control such as a lock, valve, or plug to prevent release of contaminated liquids. • The designated storage area should be covered. • Containen used for liquid removal by an employees must be placed in a containment area. A drip pan should be used at afl times. • Drums stored in an area where unauthorized persons may gain access must be secured to prevent accidental spillage, pilferage, or any unauthorized use. Employees trained in emergency spill cleanup procedures should be present when dangerous waste, liquid chrmirals. or other wastes are loaded or unloaded. The most common causes of unintentional releases: • External corrosion and structural failure, Installation problems. Spills and overfills due to operator error, • Failure of piping systems (pipes, pumps, flanges, couplings, hoses, and valves), and • Traks during pumping of liquids or gases from truck or railcar to a storage facility or vice versa. Operator Training/Safeguards Well-trained employees can reduce human errors that lead to accidental releases or spills. Employees should be familiar with the Spill Prevention Control and Countermeasure Plan. The employee should have the tools and knowledge to SC6 Industrial Handbook 4-19 11/13/92 .D R A F T Additional Information — Outdoor Container Storagt of Liquids immediately begin cleaning up a spill if one should occur. Operator errors can be prevented by using engineering safe guards and thus reducing accidental releases of pollutant. Safeguards include: • Overflow protection devices on tank systems to warn the operator to automatically shutdown transfer pumps when the tank reaches full capacity. • Protective guards (bollards) around tanks and piping to prevent vehicle or forklift damage, and • Clearly tagging or labeling all valves to reduce human error Tank systems should be inspected and tank integrity tested regularly. Problem areas can often be detected by visually inspecting the tanks frequently. Problems or potential problems should be corrected as soon as possible. Registered and specifically trained professional engineers can identify and correct potential problems such as loose fittings, poor welding, and improper or poorly fitted gaskets Cor newly installed tank systems. The tank foundations, connections, coatings, and tank walls and piping systems also should be inspected. Inspection for corrosion, leaks, cracks, scratches in protective coatings, or other physical damage that may weaken the tank system should be a part of regular integrity testing. Secondan' Containment Tanks should be bermed or surrounded by a secondary containment system. T^iif* can be detected more easily and spills can be contained when a secondary containment systems are installed, Berms, <tiira«, liners, vaults, and double-wall tanks are examples of secondary containment systems. One of the best protective measures against contamination of storm water is diking. Containment dikes are berms or retaining walls that are designed to bold spills. Diking is an effective pollution prevention measure for above ground storage tanks and railcar or tank truck loading and unloading areas. The dike surrounds the area of concern and holds the spill, keeping spill materials separated from the storm water side of the A\ief area. Diking f^an be used in any industrial facility, but it is most commonly used for controlling large spills or releases from liquid storage areas and liquid transfer areas. For tanks, containment dikes should be large enough to bold the contents of the storage tank for the facility plus rain water. For tracks, diked areas should be capable of holding an amount equal to the volume of the tank truck compart- ment. Diked construction ipamriai should be strong enough to safely bob! spilled materials. Dike materials "tn consist of earth, concrete, synthetic man>rtai^ metal, or other impervious man-riau Strong acids or bases may react witfa metal containers, concrete, and some plastics. Where strong acids or bases or stored, alternative dike ««•«*•"»>« should be considered. More active organic rh*mif^i^ may ott4 certain special liners for Hiir«»t. Dikes may qiy> be designed with impermeable materials to 100**** containment <5npa.friiiti^< Dikes should be inspected during or after significant storms or spills to check for washouts or overflows. Regular rherfrs of containment <ti*^r to insure the dikes are capable of holding spills should be conducted. Inability of a structure to retain storm water, dike erosion, soggy areas, or changes in vegetation indict* problems with tiiief structures. Damaged areas should be pwtfd atv* stabilized immediately. Earthen dikes may require special maintenance of vegetation such as mulching and irrigation. Curbing is a barrier that surrounds an area of concern. Curbing is similar to containment diking in the way that it prevents spills and leaks from being released into the environment. The curbing is usually small scaled and does not contain large spills like diking. Curbing is common at many facilities in small areas where handling and transfer liquid materials occur. Curbing can redirect contaminated storm water away from the storage area. It is useful in areas where liquid materials are transferred from one container to another. Asphalt is a common material used for curbing; however, curbing materials include earth, concrete, synthetic material*, metal, or other impenetrable manual* Spilled "'afriah should be removed immediately from curbed areas to allow space for future spills. Curbs should have manually-controlled pump systems rather than common drainage systems for collection of spilled materials. The curbed area should be inspected regularly to SC6 Industrial Handbook 4-20 11/13/92-D RAFT Additional Information — Outdoor Container Storage of UquJdt clear clogging debris. Maintenance should also be conducted frequently to prevent overflow of any spilled materials as curbed areas are designed only for smaller spills. Curbing has toe following advantages: • Excelknt runon control, • Inexpensive, • Fa«* of installment, • Provides option to recycle materials spilled in curb areas, and • Common industry practice. EXAMPLES OF EFFECTIVE PROGRAMS The "doghouse design has been used to store small liquid containers. The roof and flooring design prevent contact with direct rain or runoff. The doghouse has two solid structural walls and two canvas covered wails. The flooring is wire mesh about secondary containment. The ™«* has been used successfully at i-nHftvwi Missile and Space Company in Sunnyvale. REFERENCES Water Quality Best Management Practices Manual, City of Seattle, 1989 Storm Water Pollution Prevention for Industrial Activities (Draft), USEPA, 1992 Best Management Practices for Industrial Storm Water Pollution Control, Santa Clara Valley Nonpoint Source Pollution Control Program, 1992 see Industrial Handbook 4 - 21 11/13/92 -DRAFT ACTIVITY- OUTDOOR PROCESS EQUIPMENT OPEHAT10NS ANDMUIIVUT- MAINTENANCE Application* Material Handling Vehicle Maintenance Roadway* Wast* Containment DESCRIPTION Prevent or reduce (be discharge of pollutants to storm water from outdoor process equip- ment operations and maintenance by reducing the amount of waste created, enclosing or covering all or some of the equipment, installing secondary containment, and training employees. APPROACH • Alter toe activity to prevent exposure of pollutants to storm water. • Move activity indoors. • Cover the area with a permanent roof. • Minimise contact of storm water with outside manufacturing operations through benning and drainage routing (run on prevention). • Connect process equipment area ID pubic sewer or facility wastewater treatment system. > Clean regularly the storm drainage system. • Use fw*> foyi" filtration inserts (Chapter 5, TC6, Media Filtration) as a tr*"* to capture paniculate pollutants. • Some municipalities require that secondary containment areas (regardless of size) be connected to the sanitary sewer, prohibiting any hard connections to the storm drain. REQUIREMENTS • Costs (Capital O&M) Variable depending on the complexity of the operation and the amount of control necessary for storm water pollution control. • Maintenance Routine preventive rnarnf^g«v^, including checking process equipment for leaks. LIMITATIONS Providing cover may be expensive. • Space limitations may preclude enclosing some equipment. Storage sheds often must meet building and fire code requirements. Targeted Constituents • Sediment O Nutrient* % Heavy Metal* 9 Toxic Material* O f Joatable Material* O Oxygen Demand- Ing Subatanca* • Oil&Greaee O Bacteria A VJrutee Slgnlaeant Impeet O ProbeUeLowof Unknown Impact ImptonMntation Requirements Capital Coat* OAUCoat* Maintenance Training High O Low SC7 Best' Management Practices"1 Industrial Handbook 4- 22 11/13/92- U K A Additional Information — Outdoor Process Equipment Operations and Uatatenanca Outside process equipment operations can contaminate storm water runoff. Activities, such as rock grinding or crush- ing, painting or coating, grinding or sanding, degreasing or parts cleaning, landfills, waste piles, wastewater and solid waste treatment and disposal, and land application are process operations that use hazardous material* and that can lead to contamination of storm water runoff. Pollutants from the wastewater and solid waste treatment and disposal areas result from waste pumping, additions of treatment ftMmir^i*, ""•'hfg, aeration, clarification, and *fd*fo dewaiering. Possible storm water contaminants include heavy metals, toxic nmrenai*, and oil and grease. Waste spilled, lost from outdoor process equipment operations may build up in soils or on other surfaces and be carried away by storm water runoff. There is also a potential for liquid waste from lagoons or surface impoundments, mnoriatfri with outdoor equipment operations, to overflow to surface waters or soak the soil, which can be picked up by storm water runoff. The preferred (and possibly the most economical) action to reduce storm water pollution is to alter die nature of activity such that pollutants are not exposed to storm water. This may mean perfoming me activity during dry periods only or substituting benign """•"«'« for more toxic ones. Actions other than altering the activity include enclosing me activity in a building and connecting the floor drains to Che sanitary sewer. The area used by the activity may be so great as to make enclosure prohibitively expensive. Building cost can be reduced by not covering the sides, and thus eliminating the need for ventilating and lighting systems. When certain parts of the activity are the worst source of pollutants, those pans can be segregated and enclosed or covered. Curbs can be placed around the 'mmv^Hiat* boundaries of the process equipment. The storm drams from these interior areas can be connected to the facility's process wastewater system. Reducing the amount of waste that is created and consequently the amount mat must be stored or treated is another way to reduce the potential for stonn water contamination from outside manufacturing activities. Waste reduction BMPs are available for a wide range of industries and are designed to provide ideas and ways to reduce waste (see References). HYdraulic/TreaHnait Modifications If storm water becomes polluted, it should be captured and treated. If you do not have your own process wastewaier treatment system, consider discharging to the public sewer system. Use of die public sewer might be allowed under the following conditions: If the activity area is very small (less than a few hundred square feetX tfce local sewer authority may be wining to allow the area to remain uncovered with the drain connected to the public sewer. It may be possible under unusual circumstances to connect a much larger area to the public sewer, as long as the rate of storm water discharges do not exceed the capacity of die wastewater treatment plant. The storm water could be stored during the storm and (ben transferred to me public sewer when die normal flow is low, such as at night. The majority of the pollutants in storm water are discharged over time by the small, high frequency storms. Less polluted runoff from the infrequent large storms can be bypassed to die storm drain. To implrmfflt dtus BMP. a hydrau- lic evaluation of the downstream sewer system should occur in consultation with die local sewer authority. Industries that generate large volumes of process wastewater typically have their own treatment system that discharges directly to the nearest receiving water. These industries have the discretion to use their wastewater treatment system to treat storm water within die constraints of their permit requirements for process treatment. It may also be possible for die industry to discharge die storm water directly to its effluent outfall widwut treatment as long as (be total loading of the discharged process water and storm water does not exceed die loading had a storm water treatment device been used. This could be achieved by reducing the loading from the process wastewater treatment system. Check widi your Re- gional Water Quality Control Board, as this option would be subject to permit constraints and potentially regular monitoring.SC7 Industrial Handbook 4 - 23 11/13/92 -DRAFT Additional Information — Outdoor Precast Equipment Operations Bid lUntananca REFERENCES Water Quality Best Management Practices Manual. City of Seattle, 1989 Stonn Water Pollution Prevention for Industrial Activities (Draft), USEPA, 1992 Best Management Practices for Industrial Storm Water Pollution Control Santa Clara Valley Nonpoou Source Pollution Control Program. 1992 Publications That Can Work For You!; DTSC 1991 (A list and order form for waste minimization publications from (toe State) SC7 Industrial Handbook 4- 24 11/13/92-2.DRAFT ACTIVITY' OUTDOOR STORAGE OF RAW MATERIALS, PRODUCTS, " AND BY- PRODUCTS Application* Manufacturing [M*t9fi*J Handling /•/>«/• Uaintantnca Roadway* Wasta Contminmant <$fouaatcaaping DESCRIPTION Prevent or reduce the discharge of pollutants to storm water from outdoor material and product storage areas by enclosing or covering material*, installing secondary contain- ment, and preventing storm water runon. APPROACH • Protect materials from rainfall, runon. runoff and wind dispersal: Store material indoors. Cover the storage area with a roof. Cover the material with a temporary covering made of polyethylene, polypro- pylene, or hypalon. Minimize storm water runon by enclosing the area or building a bam around the area. Use "doghouse" for storage of liquid containers. Parking lots or other surfaces near bulk materials storage areas should be swept periodically to remove debris blown or washed from storage area. • Install pellet traps at storm water discharge points where plastic pellets are loaded and unloaded. Keep liquids in a designated area on a paved impervious surface within a secondary containment. • Keep outdoor storage containers in good condition. • Use berms and curbing. • Use catch basin filtration inserts (Chapter 5, TC6, Media Filtration) REQUIREMENTS • Costs (Capital, O&M) Costs should be low except where large areas may have to be covered. • Maintenance Berm and curbing repair and patching. LIMITATIONS Space limitations may preclude storing some materials indoors. Some municipalities require that secondary containment areas (regardless of size) be connected to the sanitary sewer, prohibiting any hard connections to the storm drain. • Storage sheds often must meet building and fire code requirements. Targeted Constituents • Sadlmant O Nutrimnta • Heavy Uatai* • Toxic Uatariala • Hoatabla Uatariala O Oxygen Damand- Ing Subalancaa 9 on* O Bmctarlm Ik VJrtuat UkafytoHava Significant Impuct Unknown Impact Implementation Requirements Q C*pitMlCo*t* O OAMCott* O M«/rrt«n«nc* O Training High O Low SC8 Best Mana Practices Industrial Handbook 4-25 n/i3*2. DR AFT Additional Information — Raw materials, by-products, finish^ products, containers, and material storage areas exposed to rain and/or runoff can pollute storm water. Storm water can fry"^ contaminated by a wide range of contaminants when materials wash off or dissolve into water or are added to runoff by spills and leak*. Paved areas should be sloped in a manner mat minimrr* tbe pooling of water on (be site, particularly with materials thai may leach pollutants into storm water and/or groundwater, such as compost, logs, and wood f*"pr A minimum slope of 1.5 percent is recommended. Curbing should be placed along tbe perimeter of tbe area to prevent tbe runon of qncontamhiatrd storm water from adjacent areas as well as runoff of storm water from the stockpile areas. Tbe storm drainage system sbouid be designed to minimize tbe use of catch basins in tbe interior of tbe area as they tend to rapidly fill with manu- facturing material In these <^<^. consider the use of the rarrh basm insert filter described in Chapter 5, TC6 (Media Filtration). Tbe area should be sloped to drain storm water to tbe perimeter where it can be collected or to internal drainage alleyways where material is not stockpiled. If the raw material, by-product or product is a liquid, more information for outside storage of liquids can be found under SC6, Outdoor Container Storage of Liquids. EXAMPLES Tbe "doghouse" design has been used to store qn^ii liquid containers. The roof and flooring design prevent contact with direct rain or runoff. The doghouse has two solid structural walls and two canvas covered walls. The flooring is wire mesh about secondary containment. The unit ha5 been used successively at Lockheed Missile and Space Company in Sunnyvale. REFERENCES Water Quality Best Management Practices Manual City of Seattle, 1989 Storm Water Pollution Prevention for Industrial Activities (Draft), EPA, 1992 Best Management Practices for Industrial Storm Water Pollution Control. Santa Clara Valley Nonpoint Source Pollution Control Program, 1992 sea Industrial Handbook 4-26 11/13/92-D RAF ACTIVITY: WASTE HANDLING AND DISPOSAL RECYCLABLE WASTE ONLY Application* Manufacturing Uatanal Handling VahicJ* Uaintananc* DESCRIPTION Prevent or reduce the discharge of pollutants to storm water from waste handling and disposal by tracking waste generation, storage, and disposal; reducing waste generaooo and disposal through source reduction, re-use, and recycling; and preventing runoo and runoff from waste management areas. APPROACH Maintain usage inventory to limit waste generation. Raw material substitution or elimination. Process or equipment modification. Production planning and sequencing. SARA Title in. Section 313 requires reporting for over 300 listed chemicals and chemical compounds. This requirement should be used to track these chemicals although this is not as accurate a means of tracking as other approaches. Track waste generated. Characterize waste stream. Evaluate the process generating the waste. Prioritize waste streams using: manifests, biennial reports, permits, environmen- tal audits, SARA Title HI reports, emission reports, NPDES monitoring reports. Inventory reports Data on chemical spills Emissions Shelf life expiration Use design data and review: process flow diagram, materials and applications diagram. piping and instructions, equipment list, ploc plan. Use raw material and production data and review: composition sheets, materials safety data sheets (MSOS), batch sheets, product or raw material inventory records, produc- tion schedule, operator data log Use economic data and review: Waste treatment and disposal cost Product utility and economic cost Operation and maintenance labor cost Recycle materials whenever possible. Maintain list of and the amounts of materials disposed Waste segregation and separation. Check industrial waste management areas for spills and leaks. Cover, enclose, or benn industrial waste-water management areas whenever possible to prevent contact with runon or runoff. Equip waste transport vehicles with anti-spill equipment. Targeted Constituents O S*dlm*nt O Nutrwnt* • Toxic Material* O F1c*tabl* Material* O Oxygen Demand- ing Subatanc** • OII&Gnaa* O Bacttria 9 Lllta* to Hav*Significant Impact O Pnembla Low of Unknown Impact Implementation Requirements O Capital Cost* Q 0AM Cost* O H*int*n*nc* Q Training High O Low SC9 Best' Management Practiced Industrial Handbook 4-27 -DR AFT ACTIVITY: WASTE HANDUNG AND DISPOSAL (Contim») • Minimize spills and fugitive losses such as dust or mist from loading systems. • Ensure that sediments or wastes are prevented from being tracked off-site. Training and supervision. Stencil storm drains on the facility's property with prohibitive message regarding waste disposal, REQUIREMENTS • Coss (Capital. O&M) Capital and O&M costs for these programs will vary substantially depending on the size of the facility and the types of waste bandied. Costs should be low if there is an inventory program in place. None except for maintaining equipment for material tracking pmgiaui. LIMITATIONS that cannot he fe-iisad or recycled must he disposed of hy a. licensed hazardous waste hauler. SC9 Industrial Handbook 4-28 11/13/92-DRAF Additional Information — Waste Handing and Disposal Industrial waste management activities occur in areas that can contaminate storm water and include landfills, waste piles, wastewater and solid waste treatment and disposal, and land application. Typical operations which affect storm water pollution may include waste pumping, treatment cbemicals storage, mixing, aeration, clarification, and solids dewaier- ing. Waste Reduction Waste spilled, leaked, or lost from waste management areas or outside manufacturing activities may build up in soils or in other surfaces and be carried away by storm water runoff. There is also a potential for liquid waste from lagoons or surface impoundments to overflow to surface waters or soak tie soil where pollutants may be picked up by storm water runoff. Waste reduction for manufacturing activities is the best way to reduce the potential of storm water contamination from waste management areas. Reduction in tne amount of industrial waste generated can be accomplished using many different types of source controls such as: Production planning and sequencing Process or equipment modification Raw material substitution or elimination Loss prevention and housekeeping Waste segregation and separation Close loop recycling An approach to reduce storm water pollution from waste handling and disposal is to assess process activities at the facility and reduce waste generation. The assessment is designed to find situations where waste can be ^limmat^ or reduced and emissions and environmental damage can be minimized. The assessment involves collecting process specific information, setting pollution prevention targets, and developing, screening and selecting waste reduction options for runner study. Starting a waste reduction program is economically beneficial because of reduced raw material purchases and lower waste disposal fees. In addition, material tracking systems to increase awareness about material usage can reduce spills and minimize contamination, thus reducing the amount of waste produced. ContTOI Waste can be prevented from contaminating storm water by checking waste management areas for leaking containers or spills. Corroded or damaged containers can begin to leak at any time. Transfer waste from these damaged containers mo safe containers. Dumpsters should be covered to prevent rain from washing waste out of holes or cracks in the bottom of (he dumpster. Leaking equipment including valves, lines, seals, or pumps should be repaired promptly. Vehicles transporting waste should have spill prevention equipment chat can prevent spills during transport. The spill prevention equipment includes: Vehicles equipped with baffles for liquid waste. Trucks with sealed gates and spill guards for solid waste. Loading or unloading wastes can contaminate storm water when the wastes are lost from the transfer. Loading systems can also be used to minimi?'; spills and fugitive emission losses such as dust or mist. Vacuum transfer systems can minimize waste loss. lunon/Runoff Prgventinn Storm water runon should be prevented from entering the waste management area. Storm water pollution from nmoo can be prevented by enclosing the area or building a benn around the area. Other alternatives for reducing storm water SC9 Industrial Handbook 4-29 11/13/92-D RAFT Additional Information — Waste Handllhg and Dtsposat pollution include: Preventing cite waste material* from directly contacting rain. • Moving the activity indoor after ensuring thai ail safety concerns such as fire hazard and ventilation are addressed. • Covering the area with a permanent roof. • Covering waste piles with temporary covering material such as reinforced tarpaulin, polyethylene, polyurethane, polypropylene or aypalon. To avoid tracking materials off-site, it is preferable to use vehicles with specially designed tires, wash vehicles in designated areas before they leave the site, and control the wash water. Minimizing the runoff of polluted storm water from land application of industrial waste oa-site can be accomplished by:Choosing a site where: slopes are under 6 percent the soil is permeable there is a low water table it is located away from wetlands or marshes there is a closed drainage system • Avoiding applying waste to the site: when it is raining when the ground is frozen when the ground is saturated with water Growing vegetation on land disposal areas to stabilize soils and reduce the volume of surface water runoff from the site. • Maintaining adequate barriers between the land application site and the receiving waters. Planted strips are particu-larly good. • Using erosion control techniques mulching and matting, filter fences, straw bales, diversion terracing, sediment basins. • Performing routine maintenance to ensure the erosion control or site stabilization measures are working. EXAMPLES OF EFFECTIVE PROGRAMS The port of Long Beach has a state-of-me-axt database for identifying potential pollutant sources, documenting facility management practices, and tracking pollutants. REFERENCESStorm Water Pollution Prevention for Industrial Activities (Draft), USBPA, 1992 3est Management Practices for Industrial Storm Water Pollution Control, Santa Clara Valley Nonpoint Source Pollution Control Program, 1992 publications Than Can Work For You!; DTSC, 191 (A list and order form for waste mintmmtim publications from the State) SC9 Industrial Handbook 4 - 30 11/13/92 -DRAFT ACTIVITY: coffTAMiNATH> OR EROCHBLE SURFACE AREAS Applications Manufacturing Ueteriel Handling Vehicle Uaintenence instruction CammefcW Activities Wsste Containment Housekeeping Practices DESCRIPTION Prevent or reduce the discharge of pollutants to storm water from cootaminacd or credible surface areas by leaving as modi vegetation oo-site as possible, mininii7m| soil exposure time, stabilizing exposed soils, and preventing storm water runoo and runoff. APPROACH This BMP addresses soils which are not so contaminated as to exceed criteria (see Title 22 California Code of Regulations for Hazardous Waste Criteria), but the soil is eroding and carrying pollutants off in ibe storm water. Contaminated or erodibie surface areas can be controlled by: • Preservation of natural vegetation, • Re-vegetation, Chemical stabilization, • Removal of contaminated soils, or Geosynthetics. REQUIREMENTS Cost (Capital, O&M) -Except for preservation of natural vegetation, each of the above solutions can be quite expensive depending upon the size of the area. Maintenance -Maintenance should be tpinimai, except possibly if irrigation of vegetation is necessary. LIMITATIONS Disadvantages of preserving natural vegetation or re-vegetating include: Requires substantial planning to preserve and maintain the existing vegetation. May not be cost-effective with high land costs. Lack of rainfall and/or poor soils may limit the success of re-vegetated areas. Disadvantages of chemical stabilization include: Creation of impervious surfaces. May cause harmful effects on water quality. Is usually more expensive than vegetative cover. Targeted Constituents • Sediment • Nutrient* • HemvyUetmis • Toxic Materials • Floatable Uateriala % Oxygen Demand- ing Substance* • Oil A Grease O Beet** * Vlruaem UtofrSlgnmSlgnmoent Impact Q ProoettieLoerar(Motown Impeet ImptonMntation Requirements Q CmpKai Co»t* & OiMCoftt O Ufintensnce O Tnining High O Low SC10 Best' Management Practices^ Industrial Handbook 4-31 11/13/92 .DRAFT Additional Information ~ Contaminated or ErodWt Sorfac*TI Of interest here are areas within the industrial sice that are bare of vegetation and therefore subject to erocion. They may or may act be contaminated from past or current activities. Activity may or may not be occurring in me area of interest. According to the State's General Industrial Activity Storm Water Permit, the SWPPP must include BMPs that deal with these situations. If the area is temporarily bare frrcam* of construction, see SC12. Building Repair, Remodeling, and Construction. Contaminated or erodible burfaces can result from the human activities such as vegetation removal, compacting or disturbing soil, and changing natural drainage patterns. Industries must identify the areas of contaminated or erodible surfaces. The areas may include: • Heavy activity where plants cannot grow • Soil stockpiles • Steep slopes • Construction areas • Demolition areas Any area where soil is disturbed. The most effective way to control erosion is to preserve existing vegetation. Preservation of natural vegetation provides a natural buffer zone and an opportunity for infiltration of storm water and capture of pollutants in toe soil matrix. By preserving stabilized areas, it minir/ii?** erosion potential protects water quality, and provides aesthetic benefits. This practice is used as a permanent control measure. Vegetation preservation on-site should be planned before disturbing the site. Preservation requires good site management to rpinimiy^ the impact of construction when construction is underway. Proper maintenance is important to ensure healthy vegetation that can control erosion. Different species, soil types, and climatic conditions will require different maintenance activities such as mulching, fertilizing, liming, irrigation, pruning and weed and pest control Maintenance should be performed regularly especially during construction phases. Advantages of preservation of natural vegetation are: Can handle higher quantities of storm water runoff than newly seeded areas. Increases the filtering capacity because vegetation and root systems are usually dense in preserved natural vegetation. Enhances aesthetics. Provides areas for infiltration, thus reducing the quantity and velocity of storm water runoff, Allows areas where wildlife can remain undisturbed. Provides noise buffers and screens for on-site operation. Usually requires less maintenance man planting new vegetation. The measure of choice is to leave as much native vegetation on-site as possible, thereby reducing or eliminating the problem. However, assuming the site already has contaminated or erodible surface areas, there are three possible courses of action: 1. Re-vegetate the area if it is not in use and therefore not subject to damage from site activities. In as much as ibe area is already devoid of vegetation, special measures are likely necessary. Lack of vegetation may be due to the lack of water and/or poor soils. The later can perhaps be solved with fertilization. Or the ground may simply be too compacted from prior use. Improving soil conditions may be sufficient to support vegetation. If available process wastewater can be used for irrigation, see Construction Best Management Practice Handbook for procedures to establish vegetation. SC10 Industrial Handbook 4 - 32 11/13/92 -DRAFT Additional Information —ContaminatedorEnxfiWtSurfac* 2. Chemical stabilization (for example ligro sulfaie) can be used as an alternate in areas where temporary seeding practices cannot be used because of season or climate. It can provide imnwliatr. effective, and inexpensive erosion control. Application rates and procedures recommended by the manufacturer should be followed as closely as possible to prevent toe product from forming ponds and creating large areas where moisture cannot penetrate the soil The advantages of chemical stabilization include: • Easily applied to die surface. • Effective in stabilizing areas. • Provides immediate protection to soils that are in danger of erosion. 3. Removal of contaminated soils is a last resort and quite expensive. Toe level and extent of the contamination must be determined. This determination and removal must comply with State and Federal regulations, permits must be acquired, and fees paid. 4. Geosynthetics include chose materials mat are designed as an impermeable barrier to contain or control large amounts of liquid or solid manrr. Geosyntbeucs have been developed primarily for use in landfills and surface impoundments, and me technology is well established. There are two general types of geosyntbeocs: geomembranesfunpenneable) and geo<extiks( permeable). Geomembranes are composed of one of three types of impermeable materials: elastomers(rubben), tbennoplasicsf plastics), or a combination of these two types of mar^ai* Toe advantages of these include: 1) the variety of compounds available, 2) sheeting is produced in a factory environment 3) polymeric membranes are flexible, and 4) simple installation. The disadvantages include: 1) chemical resistance must be determined for each application. 2} seaming systems may be a weak link in the system, and 3) many materials are subject to attack from btotic, mechanical, or environmental sources. • Geotextiles are uncoated synthetic textile products that are not water tight. They are composed of a variety of materials, most commonly polypropylene and polyester. Geotextiks serve five bask functions: 1) filtration. 2) drainage, 3) separation. 4) reinforcement, and 5) armoring. For more information on geosyntbetics, see the reference below. REFERENCES Covers for Uncontrolled Hazardous Waste Sites, USEPA, EPA/54Q/2-85/002. PB87- 119433, 1985. SC10 Industrial Handbook 4-33 11/13/92 - D RAFT ACTIVITY: BUILDING AND GROUNDS MAINTENANCE Applications Manufacturing Uftacial Handling Uaintanmnca Construction Waatf Containment Prmctjc**} DESCRIPTION Prevent or reduce the discharge of pollutants to storm water from buildings and grounds by washing and cleaning up with as link water as pcwibk, preventing and Targeted Constituents cleaning up spills immediately, keeping debris from entering the storm drains, and maintaining the storm water collection system. APPROACH • Leaving or planting native vegetation to reduce water, fertilizer, and pesticide needs. • Careful use of pesticides and fertilizers in landscaping. • Integrated pest management wfaere appropriate. • Sweeping of paved surfaces. • Cleaning of the storm drainage system at appropriate intervals. • Proper disposal of wash water, sweepings, and sediments. REQUIRMENTS • Costs (Capital* O&M) Cost will vary depending on the type and size of facility. Overall costs should be low in comparison to other BMPs. • Maintenance The BMPs themselves relate to maintenance and do not require mamf<^mnr^ as they do not involve structures. LIMITATIONS Alternative pest/weed controls may not be available, suitable, or effective in every case. Nutrdnt* Toxic Uatariala Floatabht Matariala Oxygen Demand- Ing Subatanca* OH A Unimown Impmct ImptonwntatJon R«qulr»m«nts O Capital Cost* O O*MCo*ta Q UaJntmnanc* O Training • High O Low SC11 Best Mana Practices Industrial Handbook 4-34 11/13/92 -DRAFT Additional Information — Buifdtag and Grounds Haintananc* Buildings and grounds maintenance includes taking care of landscaped areas around the facility, cleaning of parking kxs and pavement other than in the area of industrial activity, and toe cleaning of tbe stoon drainage system. Pauiung and other minor or major repairs of buildings is covered in SCI2 (Building Repair, Remodeling, and Construction). Certain normal maintenance activities cm generate materials that must be properly disposed. Other maintenance activities can enhance water quality if they are carried out more frequently and/or in a more deliberate fashion. Management Landscape maintenance involves (he use of pesticides and fertilizers. Proper use of these man-rial* win reduce the risk of loss to storm water. In particular, do not apply these m*a*ia\i during the wet season as they may be carried from the site by the next storm. When irrigating the landscaped areas, avoid over-watering not only to conserve water but to avoid the discharge of water which may have become contaminated with nutrients and pesticides. It is important to properly store pesticides and application equipment, and to dispose the used containers in a responsible manner, consistent with state regulations. Personnel who use yyirvte should be trained in (heir use. Tbe California Department of Pesticide Regulation and county agricultural commissiooers license pesticide dealers, certify p-yy-kfr applicators, and conduct on-site inspections. Written procedures for the use of pesticides and fertilizers relevant to your facility would help maintenance staff under- stand the "do's" and "don'ts". If you have large vegetated areas, consider the use of integrated pest management (TPM) techniques to reduce the use of pesticides. Sewer Maintenance A parking area (hat drains to the same storm drainage system as the industrial activity that is to be p-*"""*^ must also be evaluated for suitable BMPs. Storm water from parking kxs may contain undesirable concentrations of oil, grease, suspended paniculates. and metals such as copper, lead, cadmium, and zinc, as well as tbe petroleum byproducts of engine combustion. Deposition of air paniculates, generated by the facility or by adjacent industries, may contribute significant amounts of pollutants. Tbe two most appropriate maintenance BMPs are periodic sweeping and cleaning f^ffr basins if they are part of the drainage system. A vacuum sweeper is the best method of sweeping, rather than mechanical brush sweeping which is not as effective at removing the fine paniculates. Catch basins in parking lots generally need to be cleaned every 6 to 12 months, or whenever the samp is half fulL A sump that is more than half full is not effective at removing additional paniculate pollutants from the storm water. If the storm drain lines have a low gradient, less than about OJ feet in elevation drop per lOOfeetof line, itisokely that material is sealing in the lines during the small, frequent storms. If you have not deaned the storm drain system for some time, check the lines as well If they are not cleaned, (he catch basins will likely be filled during tbe next signifi- cant storm by material that is washed from tbe lines. Also, install "turn-down" elbows or similar devices on the outlets of the catch basins; they serve to retain floatables, oil and grease. Clearly mark the storm drain inlets, either with a color code (to distinguish from process water inlets if you have them) or with me painted stencil of "DO NOT DUMP WASTE". This will minimize inadvertent dumping of liquid wastes. Sweepings and sediments from these maintenance activities are generally low in metals and other pollutants and there- ore can be disposed on-site or to a construction debris landfill Test the material if there is a reasonable doubt whether metals or other pollutants are present If concentrations of contaminants are high, it imfr'aft'* mat other BMPs may be needed to eliminate or reduce emissions from the source. If a vactor truck is used to clean me storm drainage system. SC11 Industrial Handbook 4-35 11/13/92-D RAFT Additional Information — BuJkflog«id Ground* IWntonanc* dirty water will be generated. This water should ooc be discharged to the storm drainage system as it is sik laden and contains mudi of the pollutants due were removed by the catch basins. Tbe water should be disposed to me process wastewater system, if you have one. or to the public sewer if permission is granted by the local sewer authority. Alterna- tively, the water can be placed somewhere on the site where it can evaporate. The cleaning of the paved surfaces and catch basins in the areas of industrial activity has been disnrcsed previously in SC5 (Loading and Unloading of Materials), SC7 (Outdoor Process Equipment Operations and Maintenance), and SCS (Outdoor Storage of Raw Materials, Products, and Byproducts). If some employees have can that are leaking abnormal amounts of engine Quids, encourage them to have the problem corrected. EXAMPLES OF EFFECTIVE PROGRAMS Information on integrated pest management may be obtained from me Bio-Integral Resource Center, P.O. Box 7414, Berkeley. CA 94707. 510-524-2467. REFERENCES Best Management Practices for Industrial Storm Water Pollution Control, Santa Clara Valley Nonpoint Source Pollution Control Program, 1992 SC11 Industrial Handbook 4 - 36 11/13/92 -DRAFT ACTIVITY: BUILDING REPAB,REMOOELII« AND CONSTRUCTION Application* Uffiufmcturing Uftehmi HmndUng Vthieh Wast* Containment DESCRIPTION Prevent or reduce the discharge of potiutants to sionn water from building repair, remodel- ing, and construction by using soil erosion controls, enclosing or covering tw.Mi"f material storage areas, using good housekeeping practices, using safer alternative prod- ucts, and training employees. APPROACH Use soil erosion control techniques if bare ground is temporarily exposed. See (be Construction Activity Best Management Practice Handbook. Use permanent soil erosion control techniques if toe remodeling dean buildings from an area that are not to be replaced. See SC10 (Contaminted or Erodible Surface Areas). Enclose painting operations, consistent with local air quality regulations and OSHA. Properly store mar^riau that are normally used in repair and remodeling such as paints and solvents. Property store and dispose waste material* generated from me activity. SeeSC9 (Waste Handling and Disposal). Maintain good housekeeping practices while work is underway. REQUIREMENTS Costs (Capital. O&M) These BMPs are generally of low to modest in cost. LIMITATIONS This BMP is for minor construction only. The Stale's General Construction Activity Storm Water Permit has more requirements for larger projects. The companion "Construction Activity Best Management Practice Handbook" contains specific guidance and best management practices for larger-scale projects. Hazardous waste that cannot be re-used or recycled must be disposed of by a licensed hazardous waste hauler. Safer alternative products may not be available, suitable, or effective in every case. Be certain that actions to help storm water quality are consistent with Cal- and Fed- OSHA and air quality regulations. Targeted Constituents • SMtrmrrt O Wutrfent* • Toxic U*»rt*l» • f%Mt4>/« Umteriult O Oxygen Demand- ing SubttMnce* • Ollt Unknown Imp** Imptonwntatlon RsquirtoMflts O Q OAHCoct* O HtintonMnc Q Tnlnhig High O SC12 Besr Management Practices^ Industrial Handbook 4-37 iui3,92.DR AFT Additional Information — BuOdbig Repair, RemodeOng, and Constroctton Modifications are a coounoanng occurrence paracuiarly at large industrial sites. The activity may vary from minor and normal building repair to major remodeling, or the installation of new facilities on currently open space. These activities cm generate pollutants chat can reach storm water if proper care is not *?<"•« The sources of these contaminants may be solvents, paints, paint and varnish removers, finishing residues, spent (Dinners, soap cleaners, kerosene, aspoalt and concrete mat^riai^ adhesive residues, and old asbestos installation. Proper care involves a variety of mostly common sense, housekeeping actions such as: Keep the work site dean and orderly. Removing debris in a timely fashion. Sweep toe area. • Cover materials of particular concern that must be left out. particularly during the rainy season. • Educate employees who are doing the work. • Inform on-site contractors of company policy on these matters and include appropriate provisions in their contract to m^kfr certain proper housekeeping and disposal practices are implemented. • Make sure that nearby storm drains are well ai"**^ to minitngg the chance of inadvertent disposal of residual paints and other liquids. • Do not dump waste liquids down the storm drain. • Advise concrete truck drivers to not wash their truck over the storm drain. Have a designated area that does not drain to the storm drain. • Clean the storm drain system in tne immediate vicinity of the construction activity after it is completed. Proper education of off-site contractors is often overlooked. The conscientious efforts of well trained employees can be tost by unknowing off-site contractors, so make sure they are well informed about what they are expected to do. Painting operations should be properly enclosed or covered to avoid drift Use temporary scaffolding to hang drop cloths or draperies to prevent drift Application equipment that minim i-yj^ overspray also helps. Local air poUntioa regulations may, in many areas of the state, specify painting procedures which if properly carried out are usually tnfRH^nt to protect water quality. If painting requires scraping or sand blasting of the existing surface, use a ground doth to collect me | chips. Dispose the residue properly. If the paint contains lead or tributyl tin, it is considered a hazardous waste. Mix paint indoors before using so that any spill will not be exposed to rain. Do so even during dry weather because cleanup of a spill will never be 100% effective. Dried paint will erode from a surface and be washed away by storms. If using water based paints, clean the application equipment in a sink that is connected to the sanitary sewer. Properly store leftover paints if (hey are to be kept for the next job, or dispose properly. When using sealants on wood, pavement, roofs, etc, quickly clean up spills. Remove excess liquid with absorbent material or rags. If when repairing roofs, small parades have accumulated in the gutter, either sweep out the gutter or wash the gutter and trap the particles at the outlet of the downspout, A sock or geofabric placed over the outlet may effectively crap the materials. If the downspout is tight lined, place a temporary plug at the fust convenient point in the storm drain and pump out the water with a vactor truck, and clean the catch basin sump where you placed the plug. Soil/Erosion Control If the work involves exposing large areas of soil employ the appropriate soil erosion and control trrrmiqiiex. See the Construction Best Management Practice Handbook. If old buildings are being torn down and not replaced in the near future, stabilize the site using measures described in SC10, Contaminated or Erodible Surface Areas. SC12 Industrial Handbook 4-38 11/13/92-DRAFT If a building is to be placed over an open area with a storm drainage system, make sure the storm ini»« within me buildingare covered ornanoved, or me storm line is conneoed to the sanitary sewer. If because of the remodeling a new drainage system is to be installed or the existing system is to be mrvKfWri, consider installing <-w+i **ir™i as they serve as effective -in-line" treatment devices. See TC2 (Wet Ponds) in Chapw 5 regarding design criteria. Include in the catch basin a "turn-down" elbow or similar device to trap floatabks. extent practical. Buy recycled nroducts*^ Recyck residual paints, solvents, lumber, and other manuals to the to (he rmrtimii^n extent pra«'fi<r»l REFERENCES Best Management Ptacxices for Industrial Storm Water Pollution Control. Santa Clara Vafley Nonpoint Source Pollution Control Program, 1992 SC12 Industrial Handbook 4-39 iyi3/92-DR AFT ACTIVITY: OVER-WATER ACTIVITIES Application* Manufacturing Vthielu Umifittninc* Construction Romchmyt DESCRIPTION Preventorreduce the discharge of pollutants to storm water and receiving waters from over- water activities by minimizing over-water TuaimnMnrr. tn^rmf wanes <HK of the water, cleaning up spills and wastes immediately, and ftnf^tm^ truants a»*d employees. Targeted Constituents O Stdfcmnf O APPROACH • Properly dispose of domestic wastewater and ballast water. • Limit over-water bull surface maintenance to sanding and minor painting. • Use phosphate-free and biodegradable detergents for hull washing. • Use secondary containment on paint cans. • Have available spill containment and cleanup material* • Use ground clous when painting boats on land, • Use tarps, plastic sheeting, etc, to contain spray paint and blasting sand. • Properly dispose of surface chips, used blasting sand, residual paints, mdotber materials. Use temporary storage containment that is not exposed to ™« • Immediately clean up spills on docks or boats. • Sweep drydocks before flooding. • Clean catch basins and the storm drains at regular intervals. • Post signs to indicate proper use and disposal of residual paints, rags, used oil, aid other engine fluids. • Educate tenants and employees on spill prevention and cleanup. • Include app>r>pnat*' language in T**"*"* contracts indicating *bf*r "KpruJhiliti^T • Marinas should provide wastewater disposal facilities. REQUIREMENTS Cost (Capital. OAM) Most of the BMPs are of low and modest cost Exceptions are stations for temporary storage of residual paints and engine fluids, and wastewater pumpout facilities. Maintenance Keep ample supply of spill cleanup matwiah. LIMITATIONS Private tenants at marinas may resist restrictions on shipboard painting and maintenance. Existing contracts with tenants may not allow the owner to require that tenants abide by new rules that benefit water quality. Even biodegradable cleaning agents have been found to be toxic to fish. fflutfc Afanwfafe Fkufett* ifatarfete Oxygoning Subftmncf* O Pro*** Lam or ImptoflMntaHon ftaquirwmnts Q Q Trmtnlng High O Low SC13 Best1 Management Practical'' Industrial Handbook 4-40 11/13/92 DRAFT Additional Information — ow-wat* AC*MUW Over-water activities occur at boat and ship repair yards, marinas, and yacht clubs, although (be later are ooc required to obtain a permic Activities of concern include chipping and painting of hulls, on board maintenance of engines, and the disposal of domestic wastewater and ballast water. With few exceptions, BMPs to protect water quality are common sense, low cost changes to normal day-to-day procedures. Over-water Activirv Minimization Work oo boats in the water should be kept to a minimum. Major bull resurfacing should occur on Land. Surface prepara- tion over water should be limited to sanding. Painting should be ifoitatf to spot work. In marmav tenant mai over water should be such as to not require opening more than a pint size paint can. Paint mixing should not occur on the dock. Good Housekeeotn? When conducting on board maintenance, used antifreeze should be stored in a separate, labeled drum and recycled. Fuel tank vents should have valves to prevent fuel overflows or spills. Boats with inboard engines should have oil absorption pads in bilge areas and they should be changed when no longer useful or at least once a year. Marina owners should provide temporary storage stations for used engine fluids, paint cans, and other maintenance materials. Signs should be posted at the head of each dock indicating maintenance rules. Marina owners should install a wastewater disposal system, either dcckside lines or a pumpout station. Tenant contracts should include language indicating their responsibilities. When painting on shore, place paint cans in a tray or comparable device that collects spills and drips. Use ground cloths when painting. Use spray guns that minimjyji overspray; also enclose the area with plastic tarps. Identify a designated area for washing boats. Vacuum sweep work areas frequently. When doing repairs or painting on a tidal grid or similar open "dry dock", use ground cloths to retain chips and spilled paint. The repair yard owner should install signs so that boat owners who are doing their own work know their responsibilities. Large boat repair yards can implement the above BMPs. There are several additional measures. With regard to dry dock operations: sweep the accessible areas of the dry dock before flooding; and pick up other debris mat appears after the ship is floated. Remove floatable debris such as wood. Shipboard cooling and process water discharges should be directed to minimize contact with spent abrasives, paints, and other debris. Look for and repair leaking valves, pipes, loses, or soil chutes carrying either water or wastewater. Plastic sheeting or other suitable material* should be installed when sandblasting and spray painting. Use drip pans or comparable devices when transferring oils, solvents, and paints. Regularly dean the sboreside work areas of debris, sandblasting material, etc. Clean catch basins or other pans of the storm drainage system that might accumulate these materials. ~ish_ Waste Fish wastes must also be managed properly. Recycling fish wastes back to the water is encouraged when disposal will not result in water quality or public nuisance problems, such as wastes washing up onshore or causing odors or bacteria problems. Fish wastes should not be recycled in any dead end lagoons or other poorly flushed areas. Marina owners should provide fish cleaning stations where waste recycling can occur without adversely affecting water quality. Note: San Francisco Bay Area boat repair and maintenance facilities. The San Francisco Bay Regional Water Quality Control Board has issued a General Storm Water NPDES Permit to boat yards which work primarily on pleasure vessels ess than 65 feet in length. The General Permit requires maintenance of pressure wash containment and recycle or pretrearment system implementation of a Storm Water Pollution Control Plan (SPCP) and a Monitoring Program. SC13 Industrial Handbook 4-41 11/13/92 -DRAFT Addftfo Proposed Guidance Spedfymg Management Measures for Sources of Noopoint Pollution in Coastal Waters. USEPA. 1992 General NPDES Permit for Discharges of Storm Water from Boat Repair Facilities, SFBRWQCB, 1992 SC13 Industrial Handbook 4-42 11/13/92 -DRAFT September 10 , 1993 August 21, 1992 91010-06.LET STORM DRAIN INLET STENCILLING INFORMATION PREPARED BY SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM GLENN HALMBACHER, PE, LS (619) 598-5941 1120 SYCAMORE AVENUE #2B VISTA, CA 92083-7824 Santa Clara Valley Honpoint Source Pollution Control Program 575O Almaden Expressway. San Jose CA 95118 <4Ofl) 263-26OO PAX (4O8) 266O271 May 29, 1992 Dear business community member: Subject: Stencilling of Storm Drain Inlets at your business or industrial facility Thank you for your interest in the Santa Clara Valley Nonpoint Source Pollution Control Program and our industrial outreach effort The enclosed stencil and the attached stencilling information and instructions are being sent in response to your request following our Industrial Workshops. If you have* questions about stencilling or the Program, please contact me at (408) 927-0710 ext 2736. If you would like public information materials about how to prevent nonpoint source pollution, please contact Elizabeth Ahrens at (408) 265-2600 ext. 2389 or your city. Sincerely, Keith W. Whitman Program Manager Santa Clara Valley Nonpoint Source Pollution Control Program PROGRAM Campbell. Cupertino, las Altos. Los Altos Hills. Los Gates. MHpftas. Monte Sercno. Mountain View. Palo Alto. September 10 , 1993 August 21, 1992 91010-06.LET FORMS FOR ORDERING ADDITIONAL PAMPHLETS, MANUALS & STENCILS PREPARED BY SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM GLENN HALMBACHER, PE, LS (619) 598-5941 1120 SYCAMORE AVENUE #2B VISTA, CA 92083-7824 CONSTRUCTION STORM WATER WORKSHOP REQUEST FORM FOR ADDITIONAL BINDERS OR INFORMATION D I would like to purchase additional binder(s) at S15 each. Enclosed is a check for $15 per binder, payable to SCVWD-NPS. D I would like to receive a copy of the future manual on Best Management Practices for New Developments. D I would like to obtain storm drain stencils "No Dumping - Flows to Bay." D I have the following comments on the Construction Workshop: Name: Title: Organization: Phone: Address: Please mail checks for binders to: Santa Clara Valley NPS Control Program 5750 Almaden Expressway San Jose, California 95118 Phone: (800) 794-2482 Other Comments: Fax: (408) 268-7687 Attn: Marcia Guzzetta NPS MATERIALS ORDE NPS001 (12-29-;AVAILABLE MATERIALS. 1. The Bay Begins it Your Front Door" Explains the issues and origins of nonpoint source pollution, sp«cjflcally the anatomy of a storm drain system and activities that contribute to nonpoint source pollution. Available in English, Spanish and Vietnamese "Help Protect Your Neighbor*" Takes the concepts in The Bay Begins...' one step further by offering examples of consumer products that are healthier in that they do not contribute significant heavy metals to the Bay, either through storm drains or through the treatment plants. Produced by the City of San Jose. 3. Take Me Shopping" A comprehensive guide to safer alternatives to hazardous household products, Including cleaning products, paints, pesticides and fertilizers, pet care products and others. 4. "Pests Bugging You?" Builds on the integrated pest management Information presented in Take Me Shopping*. Addresses specific unwanted guests, such as ants, cockroaches, fleas, with suggestions for choosing and canng for plants and pets. Available in English and SpanisF 3- "estuarywlse" A handbook for the San Francisco Bay-Delta Estuary, produced by the San Francisco Estuary Project. Includes tips on how to stop pollution; recipes for household cleaners and pest controls; product toxicity ratings; listings of household hazardous waste collection programs; and ways to get involved in community-wide restoration efforts. A great book for families. 6. "Industrial Storm Water Pollution Control Compliance" (Binder) A comprehensive source book for federal, state, and regional regulatory requirements and information resources; contains sample SWPP, EPA regulations and booklet described below. Cost $25 7- "Best Management Practices for Industrial Storm Water Pollution Control" A booklet of recommended BMPs for Industry. "Best Management Practices for Automotive-Related Industries" Best Management Practices for sanitary sewer discharges and storm water pollution control for automotive industry. 9- "No Dumping! Flows to Bay" Plastic stencil with cover letter and instruction sheet; for business, industry, or county residents, and volunteer groups; the stenciling of storm drain inlets brings nonpoint source pollution to the attention of the public and is a Best Management Practice for Business and Industry. Available in English, Spanish and Vietnamese. 10- "Construction Storm Water Pollution Control Compliance" (Binder) A source book for state and regional regulatory requirements and Information resources; contains sample SWPPP, booklet described below and permit. Cost $15 11. "Blueprint for a Clean Bay" Best Management Practices for storm water pollution prevention for construction activities. 12. The following seven tri-fold pamphlets (BMPs lor Construction): a. "General Construction and Site Supervision" b. "Earth-Moving Activities" c. "Roadwork and Paving" d. "Heavy Equipment Operation" e. "Fresh Concrete and Mortar Application" f. "Landscaping, Gardening and Pool Maintenance" g. "Painting and Application of Solvents and Adheslves" PtO Instructor*: Check items needed. Route Item* from PIO to NPS. atoofl with &» form and a typed maittng label. Retain copy of this form for our records. NPS: Route appropriate items, form and label to PIO. NPS MATERIALS ORDER 5750 AJmaden Expressway NPS 001 (12-29-92) San Jose, CA 95118 FAX (408) 268-7687 =>feas« complete the following Information to order Nonpoint Source Materials. Oascription of materials ara on tha back of the order form. Forms may be mailed or faxed. If you have any questions, please call the toll free number (800) 794-2482. If outside Santa Clara County call (408) 927-0710, extension 2724. Company: Oaa: PtwMwNumMT CJty:SUM: Do you want to be on the mailing list for the NPS Newsletter, "The Outfall*? Q Yes Q No Check box for each item and fill in the appropriate amounts required. Quantities for amounts other than English may be included in tha box in front of the listed language. Payment for Items 6 and 10 should be included with the order form. Checks should be made payable to SCWVD-NPS. Item* 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12a. 12b. 12c. 12d. 12e. 12f. 12g. •Quantity Cost sKSS^SKX^ ^lllllllNSSSoScvwv^ ^SNSSSSSSSiiilllstsS^SSSSNSSSo•1 •hSSvXXS^SSSS iliilsl$^CVSNSSxSSS ••1•1 •••f Descn'ptkjn The Bay Begins at Your Front Door" English 1 I Spanish Viemamesa 'Help Protect Your Neighbors' Take Me Shopping' •Pests Bugging You?" English 1 1 Spanish • "estuarywise" "Industrial Storm Water Pollution Control Compliance" (Binder) Cost $25 per copy. "Best Management Practices for Industrial Storm Water Pollution Control* "Best Management Practices for Automotive-Related Industries" "No Dumping! Flows to Bay" Stencil I I English Spanish 1 1 Vwmamese "Construction Storm Water Pollution Control Compliance" (Binder) Cost $1 5 per copy. "Blueprint for a Clean Bay* "General Construction and Site Supervision* "Earth-Moving Activities" "Roadwork and Paving" "Heavy Equipment Operation" "Fresh Concrete and Mortar Application" "Landscaping, Gardening and Pool Maintenance* "Painting and AppScation of Solvents and Adhesh/es" September 10 , 1993 August 21, 1992 91010-06.LET GLOSSARY BMP BEST MANAGEMENT PRACTICES Those practices used in design and site activities intended to prevent or remove storm water pollutants. SWPPP STORM WATER POLLUTION PREVENTION PLAN A storm water management plan designated for a specific site designed to control the storm water, and the prevention/reduction/cleanup of pollutants. NFS NONPOINT SOURCE POLLUTION Those pollutants that have entered into the storm water system from no specific source, such as atmosphere. SC SOURCE CONTROL Measures designed to prevent or control pollutants from a specific source, such as radiator fluid, from entering into the storm water system. EXHIBIT "C" Those portions of Lots 1 and 2 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City of Carlsbad, County of San Diego, State of California, filed December 28, 1993, described as follows: Beginning at the Southeast corner of said Lot 1; thence along the boundary of said lots, the following courses: North 87°49'47" West 1633.23 feet, North 2°08'40" East 177.37 feet, to the beginning of a tangent curve concave Southwesterly having a radius of 643.00 feet, and North- westerly 495.30 feet along said curve through a central angle of 44°08'06"; thence leaving said boundary, radially from said curve, North 48°00'34" East 247.40 feet; thence North 22°29'26" West 1324.36 feet; thence North 67°30'3S" East 758.03 feet to the boundary of said Lot 1; thence along said boundary, the following courses: South 22°29'12" East 789.87 feet, South 20°56'58" East 211.68 feet, South 27°00'20" East 1128.47 feet, North 63°50'30" East 631.28 feet to a point on a non-tangent curve concave Westerly having a radius of 621.00 feet, a radial line to said point bears North 74°13'41" East, Southerly 320.14 feet along said curve through a central angle of 29°32'14", tangent from said curve, South 13°45'55" West 100.00 feet, Southerly 145.69 feet along a tangent curve concave Easterly having a radius of 719.00 feet through a central angle of 11°36'34", and tangent from said curve, South 2°09'21" West 160.20 feet to the Point of Beginning. As more particularly shown on page 2 attached hereto and made a part hereof. This legal description is not to be used for any purpose that would violate the Subdivision Map Act. Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/31/96 May 20, 1996 Page 1 of 1 W.O. #1774-2X HScA Legal No. 4060 Prepared By: H. Foss Ck'd By: B. Etemadi/fh page 1 of 2 Sketch to Accompany Legal Description m PALOMAR AIRPORT ROAD P.O.B. St COR. LOT t CARLS3AO TO. NO. 92-07. PER MAP NO. 1J078. Hunsaker & Associates Irvine. Inc. Tfiret Hughes. Irvine. CA 92713 • (714) 533-1010 Planning • Engineering • Surveying CITY OF CALSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 5-20-96 o*rt NoneREV..owee . . r. H. Foss CX'dr/ BEN E.SCALE 1"=400'1774-2X K: K:\OT\1774\2\CALC\LO\4060.DWG 19-90 H&A LEGAL No. 4060 | SHEET 1 OF 1 2 of 2 AREA COVERED BY 1994 CC&R'S UNIT 1 OF C.T. 94-09 POINTE PARKWAY NET AC, xisfiWF 10.06 /©.(EXIST.) 10.30 AC.(ULTIMATE) MAP 13078 NAP. 27.17 AC. 6.46 NET AC. 53.75 AC. 80 NET AC.:$78 AC. SS/NET 5.78 AC. GROSS/NET (No-0331'E 160.00) AC. GROSS/NET A=OZ7325 R-410.00' L-17.10' R=270.00' 232.20' LQT 10.70 AC, MAP 13078 N.A.P. A-29'20'26' R-520.00'L=266.29'3.79 AC. ROSS/NET N24'47'30> (R) 66.00' 5.95 AC. ROSS/NET H63'50'20'E 89.19'15 A*1*T (EXIST.) (NOrOa'W'E 177.33') (N13-45'45"E 100.00') (Norog'03'E 160.14') N87-49'58"W 2066.72' A=21-24'53 i=1950.00' L=726.83)FD. U-10 UOWMEHT UKO. RCt 18860 PER ROS 12462. PW 11284. * ROS 13466, MAP 13078. m '. SEE DEFERRED £T 1.(N70-4J PROCEDURE OF SURVEY SCALE: 1"=400' O'DAY CONSULTANTS, INC. TENTATIVE MAP C.T. 92-07 CfllUTflJcompany Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carltsbad, CA 92009-1576 Re: CT 94-09-1 Carlsbad Ranch Unit 1 Flower Fields Deed Restriction June 12, 1996 V;: Dear Don: Enclosed please find a copy of the Deed Restriction prepared by Ron Ball and executed on behalf of CB Ranch Enterprises. I mailed the original to Ron today. It is my understanding that he will obtain the appropriate signatures on behalf of the City of Carlsbad and have the document recorded. Very truly yours, ^C_A_- r\. Monica R. Browning cc: Chris Calkins (w/enclosure) Sherri Howard (w/enclosure) Charlie Kahr (w/enclosure) 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 NO RECORDING FEES PURSUANT ) TO GOVERNMENT CODE §6103 ) RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) Space above this line Recorder's use. Documentary transfer tax: None DEED RESTRICTION CB Ranch Enterprises, a California Corporation, landowner, for good and adequate consideration and as a condition of the approval of the Carlsbad Ranch Specific Plan Amendment 207(A), agrees to restrict its property described and generally known as the Flower Fields consisting of approximately 53 acres, and as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference and as shown on Exhibit "B" attached hereto for reference purposes only as follows: "The Flower Fields shall remain in flower production in perpetuity. The landowner will plant an open-field flowering crop every year, substantially in the area as shown in the Flower Field Figure 49(A). If the landowner desires to change or modify this obligation, landowner will provide a five- year advance notice to the City Council, accompanied by an alternative agricultural use proposal which landowner intends to initiate at the end of said five years. The City Council shall hold a hearing to review and approve the proposed alternative. Additionally, the City and landowner shall investigate any may implement any methods available to allow the continuation of flower production in accordance with the General Plan. This condition shall be evidenced by a deed restriction and inclusion of notice in the CC&R's restricting Planning Area 7 to agricultural use. "Subject to any Right of First Offer held by Lego Park Planning, Inc., Landowner shall grant to City an exclusive Right of First Offer ("First Offer Right") to acquire the Flower Fields at a purchase price and upon such other terms and conditions as Landowner would be willing to accept from any third party. Landowner shall not sell all or any portion of the Flower Fields (other than to a party purchasing for purposes of continuing the open field flower business with a continued obligation to provide this First Offer) without (i ) first offering the property to City by written notice at a purchase price and upon such other terms and conditions that Landowner would be willing to accept from any third party, and (ii) City's failure to elect to purchase on such terms and conditions by written notice to Landowner within 90 days of said notice. Any sale at a purchase price of less than 90% of the price at which the property has been offered to the City shall not be made without first offering the City the right to purchase at this price upon 60- days notice, to purchase the property. "The foregoing First Offer Right shall survive any transfer by the Landowner to any affiliate of Landowner and shall be included in a deed restriction for Planning Area 7." These restrictions shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties in interest and shall not be changed without the written consent of the City Council of the City of Carlsbad. Landowner agrees to incorporate these deed restrictions by reference in any future deeds to the property. However, failure to do so does not invalidate this deed restriction or affect the rights and duties of any party, person or entity as stated herein. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The City may assign to another public entity or entity formed by the City of Carlsbad or to any other mutually agreed upon entity formed or organized for the purposes of maintaining or preserving open space, such as an open space district, landscape maintenance district or otherwise. CB RANCH ENTERPRISES a California corporation Christopher C. Calkins (print name) CITY OF CARLSBAD, a municipal corporation of the State of California BY: Vice President (title) APPROVED AS TO FORM: RONALD R. BALL CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ):SS ) before me,A- notary public, personally appeared 0H£i$ft>ftf&i(L_ £• personally known to me &c-proved to me on the basis of satisfactory-evidence to be the person(s) whose name(-s)(if/afe-subscribed to the within instrument and acknowledged to me that(tT§/-she/they executed the same in (hjf/hcr/thG'ir authorized capacity(ies-), and that bCis&ef/tkeir signature(s-) on the instrument the person(s), or the entity upon behalf of which the persons-acted, executed the instrument. Witness my hand and official seal. KarenA. Phetpsl COMM.*1013025 g SM4DCOO COUNTY My Comm.Ejp. Jan. 5,1896 EXHIBIT "A" Those portions of Lots 1 and 2 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City of Carlsbad, County of San Diego, State of California, filed December 28, 1993, described as follows: Beginning at the Southeast corner of said Lot 1; thence along the boundary of said lots, the following courses: North 87°49'47" West 1633.23 feet, North 2°OS'40" East 177.37 feet, to the beginning of a tangent curve concave Southwesterly having a radius of 643.00 feet, and North- westerly 495.30 feet along said curve through a central angle of 44°08'06"; thence leaving said boundary, radially from said curve, North 48°00'34" East 247.40 feet; thence North 22°29'26" West 1324.36 feet; thence North 67°30'38" East 758.03 feet to the boundary of said Lot 1; thence along said boundary, the following courses: South 22°29'12" East 789.87 feet, South 20°56'58" East 211.68 feet, South 27°00'20" East 1128.47 feet, North 63°50'30" East 631.28 feet to a point on a non-tangent curve concave Westerly having a radius of 621.00 feet, a radial line to said point bears North 74°13'41" East, Southerly 320.14 feet along said curve through a central angle of 29°32'14", tangent from said curve, South 13°45'55" West 100.00 feet, Southerly 145.69 feet along a tangent curve concave Easterly having a radius of 719.00 feet through a central angle of 11°36'34", and tangent from said curve, South 2°09'21" West 160.20 feet to the Point of Beginning. As more particularly shown on Exhibit "B" attached hereto and made a part hereof, This legal description is not to be used for any purpose that would violate the Subdivision Map Act. R .. Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/31/96 May 20, 1996 Page 1 of 1 W.O. #1774-2X H&A Legal No. 4060 Prepared By: H. Foss Ck'd By: B. Etemadi/fh EXHIBIT "B" Sketch to Accompany Legal Description PALOMAR N87'49'47"W AIRPORT ROAD P.O.B. SE. COR. LOT 1 CARLSBAD TR. NO. 92-07. PER MAP NO. 13078. Hunsaker & Associates Irvine, Inc. Three Hughes, Irvine. CA 927/3 • (714) 583-1010 Planning • Engineering • Surveying EXHIBIT "B" CITY OF CALSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DATE: ,. __ .,,. REV. .5-20-96 DATE None .OWG i , rsY. H. Foss CK'd By.BEN E.SCALE 1"=400'1774-2X K: K:\DT\1774\2\CALC\ID\4060.DWG 19-90 H&A LEGAL No. 4060 SHEET 1 OF 1 ^—^ ^•ir- City of Carlsbad Planning Department June 6, 1996 Monica Browning Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 SUBJECT: NOTICE OF RESTRICTION ON REAL PROPERTY - CARLSBAD RANCH (CT94-09) Dear Monica: Enclosed is the original Notice of Restriction submitted for the tentative map for the Carlsbad Ranch. The document was returned to me by the City Clerk's Office for corrections. Attached to the document is a memo from the City Clerk's Office indicating what corrections must be made for the document to be accepted. Please make the requested corrections and return the original document to me. Upon receipt of the document the signatures of the City Officials noted on the form will be obtained and the document will be recorded. Don Neu Senior Planner DN:kc 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 ^ MEMO June 4, 1996 TO: Don Neu, Planning Department FROM: Kathleen D. Shoup, City Clerk's Office, Ext. 5106 SUBJECT: NOTICE OF RESTRICTION ON REAL PROPERTY Carlsbad Ranch - CT 94-9 Per Jane Mobaldi, Deputy City Attorney, the above referenced document is being returned because it fails to meet a signature requirement, specifically, the signatures of Todd J. Anson and Larry R. Linkin. (See "PLEASE NOTE" below.) When you have made the necessary corrections please return the document to me, along with this transmittal needed for tracking purposes. THANKS! PLEASE NOTE It is my understanding that the "signature areas" on all documents were required to have the following two clauses: 1. (Proper notarial acknowledgment of execution by (DEVELOPER or OWNER) must be attached.) 2. (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (Use of parentheses, uppercase and bold characters as copied from other documents.) To avoid delays and other associated problems, I recommend that these clauses be reinserted and also made a necessary part of any modified documents. Failure to comply with these directives accounts for at least 85% of rejected documents and delays. COPY: Bobbie Hoder, Sr. Admin. Analyst - Planning Jane Mobaldi, Deputy City Attorney ATTACHMENT: one United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad, California 92008 May 28, 1996 Mr. Don Rideout Senior Management Analyst City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009-1576 Re: Habitat Loss Permit for Carlsbad Ranch Project (Carltas Development Company) Dear Mr. Rideout: The U.S. Fish and Wildlife Service (Service) received your letter, dated May 8, 1996, notifying us that the Carlsbad City Council approved a Habitat Loss Permit for the Carlsbad Ranch Project. The project applicant subsequently sent more detailed information regarding the Habitat Loss Permit findings that were made on the subject project. It is the Service's understanding that the subject project would impact 1.1 acres of low quality coastal sage scrub growing on a manufactured slope along Palomar Airport Road. No gnatcatchers are present on the subject site. Impacts to coastal sage scrub will be mitigated at a 1:1 ratio through purchase of mitigation credits from the Carlsbad Highlands Conservation Bank. The Service concurs that the project related impacts and mitigation for coastal sage scrub are consistent with the Natural Community Conservation Planning Conservation Guidelines, and that a Habitat Loss Permit is appropriate to allow for coastal sage scrub loss resulting from this project. Thank-you for the opportunity to review the subject project. If you have any questions or comments, please contact Ellen Berryman of my staff at (619) 431-9440. #l-6-HC-96-206 Gail C. Kodafetich A.^x- Field Office Supervisor cc: Bill Tippets, CDFG City of Carlsbad Engineering Department May 14, 1996 George O'Day O'DAY CONSULTANTS 7220 Avenida Encinas, Suite 204 Carlsbad, CA 92009 CT 94-09-1, CARLSBAD RANCH UNIT 1 GRADING ADJACENT TO COASTAL COMMISSION DEED RESTRICTED AREA ADJACENT TO PALOMAR AIRPORT ROAD City Staff has reviewed your construction change submittal to add a retaining wall along the southerly boundary of the Open Space Deed Restricted area adjacent to Palomar Airport Road. As we discussed, the City wanted alternatives to placing a retaining wall along Palomar Airport Road. Two alternatives were provided and have been reviewed by the City. Alternative 1 indicated no grading within the Deed Restricted area. It placed the 2:1 slope within the City right of way from back of sidewalk to the property line. Since Palomar Airport Road is a major utility corridor, the 2% slope within the right of way will be required. Alternative 2 indicated the 2% slope within the right of way and the 2:1 slope occurring within the deed restricted area. This alternative design is preferable. I have reviewed the deed restriction, document number 1995- 0106621 recorded March 14, 1995. The following is the condition the document places on the property: Open Space Deed Restriction. Prior to the issuance of the Coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation, or the erection of structures of any type, except as herein permitted, in the area shown on the attached revised Exhibits 6 and 7, and generally described as the riparian vegetation and freshwater marsh upstream and within the existing desiltation basin on Lot 18, and sensitive habitat, riparian vegetation and steep slopes of the "remainder" Lot 8. The full extent of the restricted area on Lot 18. and the activities permitted within the area, shall be approved pursuant to the Special Condition #10 of CDP# 6-93-34. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 Mr. O'Day Page Two 5/14/96 Coastal development Permit No. 6-93-34 condition 10 is as follows: Riparian Enhancement Program. Prior to the issuance of the Coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a riparian enhancement program, done by a certified biologist, addressing the existing riparian and freshwater marsh vegetation upstream and within the existing drainage basin located on Lot 17, which shall incorporate the following: a. A vegetation survey and mapping, shown on the proposed Tentative Map, which delineates the full extent and quality of existing riparian and freshwater marsh vegetation, and other native and non-native vegetation; b. An enhancement plan which includes removal of non-native vegetation in a manner least disruptive to the existing native vegetation, and replanting with native species compatible with the surrounding native vegetation; c. The revised grading plan and proposed drainage system which addresses the proposed upstream desiltation basin and assures a long-term water source for the existing riparian vegetation; d. A periodic maintenance program which allows removal of non-native vegetation to maintain drainage capacity, but also assures maintenance and enhancement of the resource values of the existing drainage basin and the vegetated desiltation basin proposed upstream. I have visited the site and noted that there appears to be a buffer area between the future right of way and the plants growing within the basin. There are not any plans growing within the buffer area. I have contacted Bill Ponder with the California Coastal Commission. The conditions of the permit and the deed restriction do not specifically restrict grading within the buffer area. An amendment to the Coastal Permit will be required should you pursue this alternative. I believe the amendment will be considered immaterial, but a submittal to the Coastal Commission will be required for their determination. I plan to meet with Bill Ponder on another project near Palomar Airport Road on Thursday, May 16, 1996. I would suggest contact be made with Bill Ponder and a request be made for a short meeting at the site right after my meeting. I believe if the area is staked with the limits of grading and a plan to show what your desired approach is presented to him, it could assist in the processing of the amendment. Mr. O'Day Page Three 5/14/96 The grading scheme for alternative 2 is the preferable approach for the City of Carlsbad. Inclusion of a retaining wall or slope within the City right-of-way is not acceptable at this location. The City would prefer to design this portion of Palomar Airport Road to our city standards. If you have any questions or need additional information, please contact me at 438-1161, extension 4427. If you think it is necessary, I can attend the site meeting. Sincerely, SHERRI HOWARD Associate Engineer c. City Engineer Traffic Engineer Principal Civil Engineer - Walter Brown Associate Engineer - Clyde Wickham Senior Planner - Don Neuv Kahr and Associates - Charlie Kahr Harrison Company - Steve Harrison Carltas Company - Chris Calkins H:\UBRARY\ENC5\WPDATA\HOWARD\CT9409\GRDDEEDR.WPD City of Carlsbad Community Development May8, 1996 Mr. Gail Kobetich, Field Supervisor U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Mr. William Tippets California Department of Fish & Game 4949 Viewridge Drive San Diego, CA 92123 Re: Habitat Loss Permit for Carlsbad Ranch Project (Carltas Development Company) Dear Mr. Kobetich and Mr. Tippets: On May 8, 1996, a Habitat Loss Permit was approved by the Carlsbad City Council for the Carlsbad Ranch project. The subject property is located in the Northwest Quadrant of the City of Carlsbad, as shown on the attached location map. The project will take 1.1 acres of coastal sage scrub. Pursuant to the 4(d) rule for the California gnatcatcher, this Habitat Loss Permit is being transmitted to your offices for the required 30 day comment period. Supplemental materials will be provided by the property owner. Attached for your reference is a tabulation of all coastal sage scrub losses authorized by the City of Carlsbad since March 1993. If you have any questions regarding this project, please feel free to contact me at 438-1161 extension 4212. Thank you for your cooperation in this matter. Sincerely; Don Rideout Senior Management Analyst Bret Berry (Carltas) SANDAG 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1 576 • (619) 438-1161 • FAX (619) 438-O894 5671 Palmer Way, Suite A Carlsbad, California 92008 (619)929-0055 GALLEGOS & Associates 96-300-106 May 5,1996 Mr. Don Neu Senior Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009-1576 Re: Carlsbad Ranch - Completion of Data Recovery Work for CA-SDI-10670 and Status Report for CA-SDI-12814 Dear Don: The requirements for mitigation of impacts for CA-SDI-10670 were the collection of surface artifacts and submittal of a report of finding. On May 2, 1996 the surface collection for CA-SDI-10670 was completed by Gallegos & Associates. Upon your concurrence that no additional fieldwork is necessary, grading can be conducted at CA- SDI-10670. The final report for CA-SDI-10670 will be submitted upon completion of all work at CA-SDI-12814. Mitigation measures for prehistoric site CA-SDI-12814 include the collection of surface artifacts from the entire site and subsurface excavation within the primary site area. The surface collection was completed on May 1, 1996. Excavation to complete the data recovery for the primary site area is in progress. For the portion of site CA-SDI-12814 outside the primary site area, mitigation of impacts has been completed. Upon your concurrence, no additional fieldwork is necessary and the proposed waterline can be placed within the site, but outside the primary site area. The attached map shows the location of the primary site area where fieldwork has not been completed. This area will be avoided during construction. Please call me should you have questions or comments. Best regards, aims1 President DG/mkg Enclosure NO/W70\\ Primary Site Area o S100/E30 // S100/W70 0 S150/EO CflRlTftScompany April 26, 1996 Joan B. Stafslien, Esq. Brobeck, Phleger & Harrison 550 West C Street San Diego, CA92101 Re: Carlsbad Ranch Tentative Map (CT 94-09) Notice of Restriction for Carlsbad Ranch Dear Joan: Enclosed please find a copy of Don Neu's letter to me dated April 17, 1996, in which he requests that I circulate the Notice of Restriction to the noted property owners. I am also enclosing for your reference a copy of condition number 6 of Planning Commission Resolution Number 3851 for Tentative Map 9409. The original document is enclosed and has already been executed on behalf of Carlsbad Ranch Company, L.P., and CB Ranch Enterprises. I would appreciate it if you would obtain Todd Anson's notarized signature and forward the original to Larry Linkin at National Association of Music Merchants (5140 Avenida Encinas, Carlsbad, CA 92008) by May 3, 1996. By copy hereof I am requesting that Mr. Linkin sign the Notice and have his signature notarized, then telephone me (431-5600, extension 115) to pick up the document and deliver it to Mr. Neu. Do not hesitate to call me if you have any questions or comments. Very truly yours, Monica R. Browning enclosures cc: Larry Linkin (w/enclosures) Chris Calkins (w/enclosures) Susan Lamson, Esq. (w/enclosures) Don Neu (w/out enclosures) 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431 -5600 FAX (619) 431 -9020 To: DNEU @ CHADMIN (Don Neu) From: Don Rideout Subject: Re: CARLSBAD RANCH 4 (D) Date: 4/17/96 Time: 5:12p Originated by: DNEU @ CHADMIN Replied by: DRIDE @ CHADMIN PERMIT on 4/17/96 3:27p on 4/17/96 5:12p Don, Thanks for the note. My target is to get the agenda bill on the 4(d) into the City Manager's Office this Friday. It should be a consent item, and I would not anticipate any questions or issues, so it could get scheduled for the meeting of April 30. After Counci approval it will need to go through the 30 day review process with DFG and FWS, and again I don't anticipate any issues. On this timeline, the 30 days would be up May 30. I talked with Brett Barry about this and he indicated that it would work for them. I'll give you a copy of the agenda bill as soon as I am finished with it. Thanks! -Don R. To: DNEU @ CHADMIN (Don Neu) From: Don Rideout Subject: Rcpt: CARLSBAD RANCH 4(D) PERMIT Date: 4/17/96 Time: 5:05p The following message has been read. I wanted to check with you concerning the status of Carltas's request for a 4(D) interim habitat take. I have been provided with copies of letters and receipts verifying the purchase of credits in the Carlsbad Highlands Conservation Bank. Bret Barry at Carltas has informed me that he provided you with copies of the necessary letters and receipts. The purchase of the credits is consistent with the mitigation measure required in the Carlsbad Ranch Specific Plan Amendment Program EIR. The last time we discussed this you stated that you would process the necessary documents to allow the take to occur. The grading plan requiring the take has been through one plancheck already and Carltas would like to have all approvals in place in order to begin grading in May 1996. Therefore, it is urgent that the take be approved as soon as possible. The grading window for the project is narrow given the Coastal Zone grading restrictions combined with the timetable during which the Flower Fields can be impacted. We were able to use these reasons to get the coastal permit approved in April as opposed to May. Please let me know when you estimate the necessary take will be approved. Thanks. CflRlTflScompflnv April 3, 1996 Don Neu Senior Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: Carlsbad Ranch - Lots 1. 2. and 3 Dear Don: We have been reviewing the relationship between the flower growing operation of the Flower Fields and the proposed lower elevation for the Specialty Retail Center in the Carlsbad Ranch. Based upon our review, and the enclosed exhibit, we believe that a grading concept utilizing a 30'-35' strip at 3:1 slope east of the Specialty Center will allow the effective integration of approximately one acre of Birds of Paradise into the overall farming program. We have approximately 15 acres of large, mature Birds of Paradise plants in Encinitas, for which we do not have an alternate farming location. These plants are highly productive, and would provide an effective diversification within the proposed farming plan. The Birds can be transplanted, and are drought tolerant. The drought tolerance, and hardiness will fit a transitional area where we will want reduced irrigation. The plants do not (in fact, cannot) be culturally managed or harvested by machine. Thus, utilization of a steeper slope environment with manual labor is appropriate. By utilizing the slope to tier each row of the plants, manual harvesting of the blooms (some of which exceed 6' in height) can be made easier in. The Birds bloom at approximately the same time as the Ranunculus but, as perennial plants, provide soil stabilization and a low level windbreak. The attached exhibit illustrates that the planting area would extend east approximately the same extent as the stairway access to the fields, thus framing the fields' entrance. This planting would be more effective than a traditional landscaped berm. 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 Don Neu April 3. 1996 Our experience with field presentation to visitors has made it clear that adding some variety - particularly with unique local flowers like the Birds - is well received. We also acknowledge that the Bird of Paradise is the flowering symbol of the City of Carlsbad, and the opportunity to integrate it into the fields is appropriate to the long term focus of the agricultural area. We estimate that the area will permit planting approximately 2000 plants. If approved, the plants should be transplanted by fall, so we would include the proposed grading with the grading contemplated for Lot 2. We believe this is also compatible with the significant reduction in floor elevation for the buildings contemplated for the Specialty Retail Center, a result we would like to achieve. Please let me know if I can provide any additional information. Very truly] yours v Sher/QXCalkins / Kirlsbjpi/Ranch Company CCC/jp^ cc: Charlie Kahr s:\wp51\lcc\letters\neu3.doc flPR. 8.1996 9=22fiM 6194319020 NO.281 P.2/3 Bank of America ApriM,1996 Mr. Bret P. Berry Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008-4452 Re: CARLSBAD HIGHLANDS CONSERVATION BANK CARLTAS SALE #2 Dear Bret: Enclosed please find the receipt from the Wildlife Conservation Board for the endowment portion of the sales price. Thank you very much for your business and please give me a call if I can be of further assistance. Sincerely, James M. Jackson Vice President (619) 230-6361 Enclosures cc: Leticia Leyva - Bank of America }j:\carlsbad\carl1as3.itr Bank, of America National Trust and Savings Association 450 "B" Street, Suite 620, San Diego, CA 92101 Phone 619/230-5745 Fax 619/Z30-S479 NO 281 P.3/3 .flPR. 8.1996 9-.22RM 6194319020 ENDOWMENT DEPOSIT RECEIPT On behalf of the California Wildlife Conservation Board, the undersigned hereby acknowledges receipt of a check totaling $50,257.20 In connection with the sale of twenty one and 7/10 (21.7) Conservation Credits from the Carlsbad Highlands Conservation Bank to the Carftas Company. Such funds shall be held and applied in accordance with the terms of the Carisbad Highlands Conservation Bank Implementation Agreement dated April 5,1995. Date: flPR. 5.1996 10=25flM • 6194319020 N0-245 P-2/10 Bank of America March 21,1996 Mr. Bret P. Berry Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008^452 Re; CARLSBAD HIGHLANDS CONSERVATION BANK CARLTAS SALE #2 Dear Bret: Enclosed please find a fully executed copy of the Conservation Credit Purchase Agreement and Acknowledgment and a fully executed Acknowledgment of Sale of Conservation Credits. The latter is your receipt for purchase of twenty one and 7/10 (21.7) credits. Upon presenting this to the U. S. Fish and Wildlife Service or Department of Fish and Game, it will serve as evidence that you have made the purchase. I have forwarded the endowment portion of the sales price to the Wildlife Conservation Board and requested a receipt. Thank you very much for your business and if I can be of assistance in the future, please give me a call. Sincerely, James M. Jackson "resident (619) 230-6361 Enclosures cc: Steve Serber - Bank of America jj:\carltas2,ltr Bank of America National Trust and Savings Association , • - 450 "B" Street Suite 620 San Diego, CA 92101 Phone 619/230-5745 Fax 619/290-5479 WR«yci«pM.r flPR. 5.1996 10-.26FIM 6194319020 NO.245 P.3/10 ACKNOWLEDGMENT OF SALE OF CONSERVATION CREDITS The undersigned Seller hereby acknowledges that it has sold and conveyed to the Carltas Company twenty on© and 7/10 (21.7) Conservation Credits from the Carlsbad Highlands Conservation Bank. All terms of this conveyance shall be governed by the provision of the Conservation Credit Purchase Agreement and Acknowledgment between Purchaser and the undersigned dated March 13,1996. SELLER: BA PROPERTIES, INC., a Delaware corporation Dated: NO 245 P.4/10RPR. 5.1996 10=26fiM . 6194319020 CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT THIS CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT ("Agreement1") is entered into this 13th day of March. 1986 by and between BA Properties, Inc., a Delaware corporation ("Seller") andCarltes Company, a California limited partnership, ("Rurchaser"). A. Pursuant to that certain Carlsbad Highlands Conservation Bank Implementation Agreement (the "Implementation Agreement"! dated April 5,1995 by and among Seller, as "Property Owner", The California Department of Fish and Game rCDFG"), and The United States Fish and Wildlife Service f'USFWS"! (CDFG and USFWS are referred to collectively hereinafter the "Resource Agencies'"!, the Resource Agencies have acknowledged the creation of the Carlsbad Highlands Conservation Bank (the "Conservation Bank"! and the right of Seller to sell "Conservation Credits" as provided further therein. B. Purchaser desires to mitigate the loss of certain natural habitat values on real property located in San Diego County California commonly known as Encinltas Ranch - Specific Plan ^e "Purchaser's Property1"). ' and Carlsbad Ranch - Specific,Plan C7Purchaser has agreed to purchase from Seller, and Seller has agreed to sell to Purchaser Twenty one and 7/1Q (21.7) Conservation Credits (the "Conveyed Credits") from the Conservation Bank on the terms and conditions set forth herein. Twenty and 6/10 (2'0.6) Conservation Credits to Encinitas Ranch, and one'and 1/10 (1.1) Conservation Credit to Carlsbad Ranch. NOW, THEREFORE, in consideration of the agreements and acknowledgments set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser hereby agree and acknowledge as follows: 1. Purchaser has deposited with the California Wildlife Conservation Board (the "Board"), or shall deposit with the Board on or before March 22. 1996 (the "Closing Date"), immediately available funds in the amount ofS5Q.257.20 (the "Endowment Deposit'"), and Seller has received, or shall receive prior to the Closing Date, the Board's written acknowledgment of its receipt of the Endowment Deposit in the form attached hereto as Exhibit A ("Endowment Deposit. Receipt"). 2. Purchaser has deposited with Seller, or shall deposit with Seller on or before the Closing Date, immediately available funds in the amount of $326.541.60. PPR. 5.1996 10:26flM 6194319020 NO.245 P.5/10 3. Upon satisfaction of the conditions set forth in Paragraphs 1 and 2 above, Seller shall execute and deliver to Purchaser the Acknowledgment of Sale of Conservation Credits attached hereto as Exhibit B. 4. Purchaser acknowledges and agrees that: (a) the purchase and sale of the Conveyed Credits shall be made on an "AS IS, WHERE IS, WITH ALL FAULTS" basis as provided for in the Implementation Agreement; and (a) no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or by any officer, agent, affiliate, or representative acting or purporting to act on behalf of Seller as to: (i) the conservation value of the property conveyed to the Resource Agencies in establishing the Conservation Bank, (ii) the conservation value or mitigation requirements of the Purchaser's Property, (iii) the acceptance of the Conveyed Credits by the Resource Agencies or any other governmental agency as mitigation for the loss of habitat values associated with the Purchaser's Property, or, (iv) any other fact or circumstance which might affect the Conservation Bank, the Purchaser's Property, or the, Conveyed Credits. 5. • Time is of the essence in this Agreement In the event the conditions set forth in Paragraphs 1 and 2 above have not been satisfied by the Closing Date, at Seller's election in its sole and absolute discretion, upon written notice to Purchaser, this Agreement shall terminate and neither party shall have any further obligations hereunder except as provided in Paragraph 6 below. 6. Seller and Purchaser each represent to the other that it has not had any . contract, agreement, or dealings regarding the Conveyed Credits with, nor any communication in connection with the subject matter of this transaction through, any broker, agent, finder, or other person who can claim a right to a commission or finder's fee in connection with the sale contemplated herein. In the event that any broker or finder perfects a claim for a commission or finder's fee based upon any such contract, agreement, dealings or communication, the party through wham such claim is made shall be solely responsible for and shall indemnify, defend, and hold harmless the other party from and against said commission or fee and all costs and expenses (including without limitation reasonable attorneys' fees) incurred by the other party in defending against such claim. The provisions of this Section 6 shall survive the termination of this Agreement 7. Purchaser and Seller agree that all understandings and agreements heretofore made between them or their respective agents or representatives are merged in this Agreement and the Exhibits attached hereto, and alone fully and completely express their agreement with respect to the subject matter hereof and supersede all prior agreements and understandings between the parties relating to such subject matter. Purchaser and Seller further agree that Purchaser has no responsibilities or obligations whatsoever regarding the "Conservation Credits" except as are expressly stated in this Agreement. flPR. 5.1996 10:26flM 6194319020 NO.245 P.6/10 8. All deposits, except the Endowment Deposit, and any notice required.or.,. permitted to be made or given under this Agreement shall be made and delivered to the parties at the addresses set forth below each party's respective signature. All notices shall be in writing and shall be deemed to have been given when delivered by courier, when transmitted by facsimile (upon confirmation of successfully completed transmission), or upon the expiration of two (2) business days after the date of deposit of such notice in the United States mail, registered or certified mail, postage prepaid, return receipt required. 9. This Agreement shall be governed and construed in accordance with the laws of the State of California. In the event a dispute arises concerning the meaning or interpretation of any provision of this Agreement, or in the event of any litigation arising out of or related to this Agreement, the party not prevailing in such dispute or litigation shall pay any and all costs and expenses incurred by the other party in establishing or defending its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees. 10. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument 'flPR. 5.1996 10:27AM 6194319020 NO.245 P.7/10 WHEREUPON, this Agreement has been executed as of the date first- above written. SELLER: BA PROPERTIES, INC., a Delaware corporation By: is M^uackson President Name: Its: 450 B Street, Suite 620 Mail Code 20005 San Diego, CA 92101 Attention: Jim Jackson , Fax No. (619) 230-5479 PURCHASER: CARLTAS COMPANY, a California limited partnership By: 56QO Avenida tncinas, Suite 100 Carlsbad, CA 92008 jj'.\carltcb2,agr flPR. 5.1996 10:27flM 6194319020 NO.245 ' P.8/10 Bank of America March 21,1996 Mr. Chris Seal Legal Affairs Department of Fish and Game : 1416 Ninth Street, Room 1135 Sacramento, California 95814 ! RE: CARLSBAD HIGHLANDS CONSERVATION BANK • j CARLTASSALE#2 I Dear Mr. Beal: I i Pursuant to the instructions of Jim Sarro of the Wildlife Conservation Board, I'm | forwarding to you a check in the amount of $50,257.20 representing the i endowment deposit for twenty one and 7/10 (21.7) Conservation Credits in Phase | I of the Carlsbad Highlands Conservation Bank. As a requirement for each sale, the buyer is requesting a receipt from the Department of Fish and Game verifying that the deposit has been made pursuant to the Agreement. Enclosed is such a receipt for your signature. Please return the receipt to me as soon as possible, via overnight mail, so that I may pass this on to the buyer. If you have any questions, please don't hesitate to call me at (619) 230-6361. Thank you in advance for your prompt reply. Sincerely, James M. Jackson Vice President Enclosure cc: Bret P. Berry Steve Serber - Bank of America jj;\carlsbad\carlf&g.ltr Bank of America National Trust and Savings Association , 450 "B" Street Suite"620 San Diego, CA 92101 Phone 619^230-5745 Fax 613/230-5479 &* flPR. 5.1996 10:27flM 6194319020 NO.245 P.9/10 ENDOWMENT DEPOSIT RECEIPT On behalf of the California Wildlife Conservation Board,.the undersigned hereby acknowledges receipt of a check totaling $50,257.20 in connection with the sale of twenty one and 7/10 (21,7) Conservation Credits from the Carlsbad Highlands Conservation Bank to the Carltas Company. Such funds shall be held and applied in accordance with the terms of the Carlsbad Highlands Conservation Bank Implementation Agreement dated April 5,1995. Date: fiPR. 5.1996' 10:27flM '6194319020 NO.245 ' P.10/10 , flnt UnfwvtefaBank iteritiu Sink Cashier's Check N2, 19-21/1820 aa DATE PAY **BIarcb 20, 1996** C1 if1]! O C -y •.-,,.;, ic? V .(!:*„ c? 4 •l-"'-"-" FIRST I BANK Or ^ i ORDER OFE. **Californla wildlife Conservation Board** **50,257.20** City of Carlsbad5^ •^^^^^•^•^^•^^•^••^^^•••^^^^••HPlanning Department March 20, 1996 Charles S. Kahr Kahr and Associates 5600 Avenida Encinas, Suite 104 Carlsbad, CA 92008 SUBJECT: NAMM AND SPECIALTY RETAIL CENTER GRADING Dear Charlie: The Planning and Engineering Department's position regarding changing the mass grading shown on CT 94-09 to incorporate finish grading for specific site development remains as discussed at our March 12, 1996 meeting. Finish grading for the NAMM Project and the Specialty Retail development will not be approved as part of the mass grading for CT 94-09. A separate grading plan approval and permit is required for the proposed finish grading if required pursuant to the Grading Ordinance of the City of Carlsbad. Determinations as to whether a grading plan and permit are required for specific projects should be discussed with representatives of the Engineering Department. City staff will review minor adjustments proposed to the CT 94-09 mass grading for conformance with the Engineering Department's Substantial Conformance Policy. Minor adjustments to the approved tentative map grades which meet the requirements of the substantial conformance policy and all city and project specific requirements may be permitted subject to staff approval of a substantial conformance exhibit. Please contact me at 438-1161, extension 4446 if you have any questions. Sincerely, DON NEU Senior Planner DN:kr c: Eric Munoz, Planning Department Sherri Howard, Engineering Department Clyde Wickham, Engineering Department Chris Calkins, Carlsbad Ranch Company Steve Harrison, Harrison Company 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1 576 • (619) 438-1161 • FAX (619) 438-O894 KAHR and ASSOCIATE (619)438-5620 March 1,1996 Mr. Don Neu City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 RE: NAMM Grading Dear Don, As we discussed earlier this week, I want to confirm your position on the grading for the NAMM project in Carlsbad Ranch. Carltas proposes to rough grade the NAMM site to the subgrade elevations shown on the SDP plans to be approved by the Planning Commission next week. The grading will be done as part of the Lego Unit 1 work after all approvals for that project have been obtained. This work is scheduled to start late in May of this year. To meet City requirements, the substantial conformance exhibit for CT 94-09 will also be revised to reflect the NAMM grading. Concerning the speciality retail lots along Paseo Del Norte, Carltas is also planning that grading with the Lego Unit 1 work. The grades will reflect those shown on the SDP submitted for the Carlsbad Company Stores and reflected on the substantial conformance exhibit for CT 94-09. If you have any questions, please give me a call. Very truly yours, Charles S. Kafir cc: Sherri Howard Steve Harrison 5600 Avenida Encinas, Suite 104, Carlsbad, CA 92008 City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION December 26, 1995 LEGO Park Planning Inc. Suite 110 7040 Avenida Encinas Carlsbad, CA 92009 RE: EIR 94-01/GPA 94-03/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT At the Planning Commission meeting of December 6, 1995, your application was considered. The Commission voted 5-2 (Erwin/Monroy) to APPROVE AS AMENDED your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (619) 438-1161. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:DN:kr Enclosed: Planning Commission Resolution Nos. 3844,3845,3846,3847,3848,3849, 3850, 3851, 3852, 3853, 3854 c: Chris Calkins Carltas Company Suite 100 5600 Avenida Encinas Carlsbad, CA 92009 Mike Howes Pat O'Day Hofman Planning O'Day Consultants Suite 120 Suite 204 2386 Faraday Ave 7220 Avenida Encinas Carlsbad, CA 92009 Carlsbad, CA 92009 2O75 Las Palmas Drive Carlsbad, California 92OO9-1576 (619) 438-1161 December 6, 1995 TO: PLANNING COMMISSION FROM: Planning Department CARLSBAD RANCH/LEGOLAND PROJECT ERRATA SHEET 1. Staff Report page 17, second sentence of the second paragraph. The sentence should read as follows: "A 40 foot curb to curb width is proposed which will allow parking only on the west side of the street." 2. Planning Commission Resolution No. 3844, page 2, paragraph B). Delete the duplicate phrase "consists of the Draft Environmental Impact Report" and add an "s" to comment in the fourth line of the paragraph. 3. Planning Commission Resolution No. 3846, page 2, paragraph four. The paragraph has been revised to read as follows: "WHEREAS, the Planning Commission did on the 6th day of December, 1995 hold a duly noticed public hearing as prescribed by law to consider all the above; and" 4. Planning Commission Resolution No. 3846, page 3, paragraph C). The paragraph has been revised to read as follows: 'That based on the evidence presented at the public hearing, the Commission RECOMMENDS ACCEPTANCE of the suggested modifications as shown on Exhibit "A-l" and RECOMMENDS APPROVAL of LCPA 90-08(6). 5. Planning Commission Resolution No. 3847, page 1, paragraph 2 and 3. The paragraphs have been rearranged and combined to read as follows: " WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibits "D-l" and "E-l", dated December 6,1995, attached and incorporated herein, has been filed with the City of Carlsbad, and referred to the Planning Commission as provided by Chapter 21.52 of the Carlsbad Municipal Code; and". 6. Planning Commission Resolution No. 3847, page 2, paragraph B). The paragraph has been revised to read as follows: That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Zone Change 94- 02, according to Exhibit "E-l" attached to Exhibit "C-l", attached hereto and based on the following findings and subject to the following conditions." 7. The following Engineering conditions on CT 94-09 are revised as shown: CONDITION NO. 34 is removed and replaced with the following: 34. Prior to building permit issuance for any portion of ihe retail lots located on Paseo del Norte and Car Country Drive, the existing driveway opening to Lot 1 shall be removed and replaced with standard curb and gutter, A new driveway opening shall be constructed on Paseo del Norte at a location approved by the City Engineer. CONDITION NO. 39 is revised to read: 39. The developer shall record an easement or an, agreement over SDG&E property for the construction and maintenance of the two under-crossings of Cannon Road as shown on sheets 3 and 4 of the tentative map, to the satisfaction of the City Engineer. CONDITION NO. 47 is revised to read: 47. The owner shall enter into an agreement with the City to construct a traffic signal at Cannon Road and Paseo del Norte. Said construction would be implemented if signal warrants are met, as determined by the City Engineer, prior to the signal's scheduled construction by the City's Capital Improvement Program (C.I.P.). The owner may apply for reimbursement from the City's C.I.P. 8. Amend Specific Plan text, Page 175, Item e..Access , to read as follows: Vehicular access to Planning Area 7 for agricultural equipffleB^aa4-werkefs shall be through the existing curb cut on at a Ohy Bogiaeer approved &catk>» on the east side of Paseo del Norte north of the intersection Of Paseo del Norte and Palomar Airport Road. 9. Amend Specific Plan Figure 49, page 176, to reflect above amendment. e City of Carlsbad Planning Department November 16, 1995 Chris Calkins Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad CA 92008 SUBJECT: EIR 94-01/GPA 94-03/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G)/ LFMP 87-13(B)/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07/ DEVELOPMENT AGREEMENT 94-01 - CARLSBAD RANCH LEGOLAND SPECIFIC PLAN AMENDMENT The preliminary staff report for the above referenced project will be available for you to pick up on Friday, November 17, 1995 after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Tuesday, November 28, 1995. An appointment has been set aside for you at 8:30 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibits(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact Don Neu, at (619) 438-1161, extension 4446. CITY OF CARLSBAD GAR1 Assistant Planning Director GEW:DN:kc c: Bill Hofman Pat O'Day John Jakobsen 2O75 Las Palmas Drive • Carlsbad, .California 92OO9-1576 • (619)438-1161 City of Carlsbad Planning Department November 16, 1995 Bill Hofman Hofman Planning Associates 2386 Faraday Avenue, Suite 120 Carlsbad CA 92008 SUBJECT: EIR 94-01/GPA 94-03/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G)/ LFMP 87-13(B)/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07/ DEVELOPMENT AGREEMENT 94-01 - CARLSBAD RANCH LEGOLAND SPECIFIC PLAN AMENDMENT The preliminary staff report for the above referenced project will be available for you to pick up on Friday, November 17, 1995 after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Tuesday, November 28, 1995. An appointment has been set aside for you at 8:30 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibits(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact Don Neu, at (619) 438-1161, extension 4446. CITY/0F) CARLSBAD :. WAYN1 Assistant Planning Director GEW:DN:kc c: Chris Calkins Pat O'Day John Jakobsen 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161 City of Carlsbad Planning Department November 16, 1995 Pat O'Day O'Day Copnsultants 7220 Avenida Encinas, Suite 204 Carlsbad CA 92009 SUBJECT: EIR 94-01/GPA 94-03/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G)/ LFMP 87-13(B)/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07/ DEVELOPMENT AGREEMENT 94-01 - CARLSBAD RANCH LEGOLAND SPECIFIC PLAN AMENDMENT The preliminary staff report for the above referenced project will be available for you to pick up on Friday, November 17, 1995 after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Tuesday, November 28, 1995. An appointment has been set aside for you at 8:30 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibits(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact Don Neu, at (619) 438-1161, extension 4446. LSBAD GARY E. WAYNE Assistant Planning Director GEW:DN:kc c: Chris Calkins Bill Hofman John Jakobsen 2O75 Las Palmas Drive - Carlsbad, California 92OO9-1576 • (619)438-1161 City of Carlsbad Planning Department November 16, 1995 John Jakobsen LEGO Information Center 7040 Avenida Encinas, Suite 110 Carlsbad CA 92009 SUBJECT: EIR 94-01/GPA 94-03/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G)/ LFMP 87-13(B)/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07/ DEVELOPMENT AGREEMENT 94-01 - CARLSBAD RANCH LEGOLAND SPECIFIC PLAN AMENDMENT The preliminary staff report for the above referenced project will be available for you to pick up on Friday, November 17, 1995 after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Tuesday, November 28, 1995. An appointment has been set aside for you at 8:30 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibits(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact Don Neu, at (619) 438-1161, extension 4446. CITY :. WAYNE / Assistant Planning Director GEW:DN:kc c: Chris Calkins Bill Hofman Pat O'Day 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161 October 18, 1995 TO: CITY COUNCIL PLANNING COMMISSION CITY MANAGER CITY CLERK VIA: Planning Director FROM: Senior Planner CARLSBAD RANCH LEGOLAND PROJECT DRAFT DOCUMENTS AND PLANS Transmitted for your early review are documents and plans for the Carlsbad Ranch/LEGOLAND Specific Plan Amendment project. The material provided consists of the following: (1) Carlsbad Ranch Specific Plan, (2) Zone 13 Local Facilities Management Plan, and (3) Master Tentative Map and associated engineering plans for the proposed project. Please retain your copy of these documents and plans for the upcoming public hearings on the project. Should you have any questions concerning this information please contact me at 438-1161, extension 4446. DON NEU Senior Planner Attachments DN:kr Carlsbad Municipal Water District 5950 El Camino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 FAX: 431-1601 October 17, 1995 Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 TO: FROM: DONNEU Bill Plummer SUBJECT: CARLSBAD RANCH/LEGOLAND, C.T. 94-09 CMWD PROJECT NO. 94-201 In response to your inquiry of October 5, 1995, the District has reviewed subject project and the Carlsbad Municipal Water District conditions for potable water, reclaimed water and sewer systems are as follows: 1. 2. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 3. Sequentially, the Developers Engineer shall do the following: A. Meet with the City Fire Marshall and establish the fire protection requirements. Also obtain G.P.M. demand for domestic and irrigational needs from appropriate parties. "Serving Carlsbad for over 40 years" Page 2 City Planning Department, Don Neu October 17, 1995 B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (ie - GPM - EDU). 4. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. 5. See attached 3 pages of additional conditions. If you have any questions, please contact the undersigned. WILLIAM E. PLUMMER, P.E. District Engineer WEP:jm POTABLE WATER SYSTEM CONDITIONS The master tentative map for Carlsbad Ranch, C.T. 94-09 (Sheet 1 of 9 Sheets) will be served by two water pressure zones. Parcels 1, 2 and 3 will be provided water service from the lower 255 Pressure Zone. The remaining Parcels numbered 4 through 19 will be provided service from the higher 375 Pressure Zone. The existing water facilities for the 255 Pressure Zone include: A 1.5 MG steel tank reservoir located adjacent to the east boundary. Two pressure reducing stations, one at the 1.5 MG steel tank, and the other at the intersection of Palomar Airport Road and Armada Drive. A 16-inch and 12-inch pipeline from the 1.5 MG steel tank aligned southwesterly to Palomar Airport Road. A 10-inch pipeline in Palomar Airport Road from Armada Drive to Paseo Del Norte. A 12-inch pipeline in Cannon Road, Paseo Del Norte and Car Country Drive. The existing facilities for the 375 Pressure Zone include: One 8.5 MG steel tank reservoir. A 16-inch pipeline in Palomar Airport Road. To provide adequate water service the following facilities are required in the 375 Pressure Zone only: 1. A 16-inch pipeline in Hidden Valley Road from Palomar Airport Road to existing 1.5 steel tank and an off site 12-inch pipeline in Hidden Valley Road from Camino De Los Ondas to Palomar Airport Road extending from De Los Ondas. This will enable the fire flow to be provided to the area from the 8.5 MG reservoir now under construction. 2. A 12-inch pipeline extending in an easement along Parcel Boundaries 5, 17 and 18 from Hidden Valley Road to Cannon Road. 3. A 16-inch pipeline in Armada Drive from Palomar Airport Road to Lego Drive. 4. A 12-inch pipeline in Lego Drive from southerly intersection at Armada Drive to northerly intersection at Armada Drive. 5. A 16-inch pipeline in Lego Drive from Armada Drive to Cannon Road. Page 1 of 3 6. A minimum 8-inch pipeline in "D" Street. 7. A minimum 12-inch pipeline at Car Country Drive to easterly boundary of master tentative map of Carlsbad Ranch. 8. A pressure reducing station at the southwest corner of Cannon Road and Lego Drive. RECLAIMED WATER SYSTEM CONDITIONS The Carlsbad Municipal Water District operates and maintains two reclaimed water pipelines in the proposed development. There is an existing 8-inch pipeline in Palomar Airport Road. Another 8-inch pipeline is in Hidden Valley Road extending from Palomar Airport Road north to the vicinity of an existing 1.5 MG steel tank. The water pressure in these pipelines is in the 384 Pressure Zone. However, it is noted that the pipeline in Hidden Valley Road may need to be relocated based on proposed site grading plans. To utilize the reclaimed water supply will require the following: RECLAIMED WATER SYSTEM; 1. A 12-inch pipeline in Hidden Valley Road and easement from Palomar Airport Road to Cannon Road. (There is an existing temporary 8-inch water line in Hidden Valley Road from Palomar Airport Road to the Reservoir). 2. A 20-inch pipeline in Cannon road from Car Country Drive to proposed 12-inch water line easement per Item 1. 3. A 8-inch pipeline in Armada Drive from Palomar Airport Road to Cannon Road. (Carlsbad Ranch Unit No. 1 has been designed and approve C.T. 92-7 on December 23, 1993). 4 A 8-inch pipeline in Lego Drive. 5. A 8-inch pipeline in Paseo Del Norte from Palomar Airport Road to Car Country Drive. Page 2 of 3 SEWER AND WASTEWATER FACILITIES CONDITIONS The site is divided into two sewer basins. The northerly portion has an 8-inch sewer line within existing Cannon Road. This line is adequate in size and remaining capacity to serve the northerly sewer basin of tract. This line travels westerly and is eventually intercepted by the Vista Carlsbad Interceptor which transports wastewater to the treatment plant. The line in existing Cannon Road shall be extended easterly to Armada Drive within Cannon Road. There are plans for the future development of the South Agua Hedionda Interceptor which will serve development to the east. This line will replace the existing and proposed sewer main in Cannon Road, however, it is not required for development within the Specific Plan. The Carlsbad Municipal Water District is presently preparing a preliminary design on this interceptor sewer and may schedule construction within Cannon Road. To the south, the Buena/Vallecitos Interceptor runs in a westerly direction on the south side of Palomar Airport Road. This existing line is in use and is sufficient in size and available capacity to serve the southerly and central development phases of the Specific Plan. The line also has sufficient capacity to sewer the entire sewer basin at ultimate build out. Therefore, no additional improvements are needed for this line. The Buena/Vallecitos line transports wastewater through to the treatment plant without being intersected by other lines. No major facilities are required off-site within either sewer drainage basin for development within this project. An internal sewer system will be required to be designed consisting of an 8-inch sewer main. These lines will connect to the existing sewer main and interceptor located adjacent to the project boundaries. As a condition of approval for future development, the design of this system will be required to be in conformance with the adopted standards and to be maintained through ultimate development of the project. No lift stations are anticipated to be constructed to serve the Carlsbad Ranch's internal sewer system. Where ever practical, the sewer system shall be constructed within the public right-of-way. Page 3 of 3 OCTOBER 16, 1995 TO: SENIOR PLANNER, DON NEU FROM: Associate Engineer, Davis VIA ASSISTANT CITY ENGINEER CT 94-09, SP 207A, PUD 94-07, LFMP 87-1 3B, LCP 90-08B, LCPA 94-03, HDP 94-07, GPA 94-03, AP 76-01 D, CARLSBAD RANCH/LEGO We have completed our review of the project and recommend approval under the attached conditions. Following is an engineering report for your use in preparing the project staff report to the Planning Commission. TRAFFIC AND CIRCULATION ADT 50,832 Kaku and Associates analyzed traffic for the Carlsbad Ranch/Lego project and provided the Congestion Management Plan for the project EIR. The Kaku studies project 50,832 ADT for this project. All traffic impact issues have been identified through these studies and with the mitigations provided by conditions on the project, the project meets Growth Management requirements. SEWER AND WATER District: CMWD SEWER EDU'S: 1341.2 WATER USAGE: 0.295 MGD The above water usage is for domestic water and is projected based on sewer generation. Reclaimed water will also be used in the project for landscape and other approved uses. Reclaimed water facilities will be constructed through the project and tie into the CMWD reclaimed water lines in Palomar Airport Road. Adequate sewer and water facilities will be in place to serve the project in compliance with Growth Management standards. GRADING 2,083, 900 CU.YD. OF CUT 2,083, 900 CU.YD. OF FILL H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO RPT.CON Preliminary Geotechnical Evaluation Report was done by Leighton and Associates, dated July 5, 1994. There are no major geotechnical issues.. The project can balance grading on site or can make some minor adjustments in grades to be able to furnish material for the Cannon Road construction at the direction of the City Engineer. DRAINAGE AND EROSION CONTROL Preliminary hydrology studies were done by O'Day Consultants. There is no substantial change in existing drainage patterns. There will be some increases in amounts of drainage discharged due to development. The increases due to development will be mitigated by standard erosion control procedures during construction. Permanent erosion control will be obtained through a combination of hardscape, landscape and permanent siltation and NPDES basins. LAND TITLE: There are no land title issues. IMPROVEMENTS: With conditions for this project to construct improvements within the project including Cannon Road, Lego/Armada Drive, Hidden Valley Road, Palomar Airport Road and an offsite portion of Cannon Road, this project's circulation needs and Growth Management standards will be met. H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO RPT.CON CONDITIONS OF APPROVAL FOR CT 94-09, CARLSBAD RANCH/ LEGO NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of the first final map: * This project is approved for up to three (3) units as shown on the tentative map for the purposes of recordation. 38. If the developer chooses to construct out of phase, a new phasing plan must be reviewed and approved by the City Engineer and Planning Director. 39. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer. 41. All concrete terrace drains shall be maintained by the Carlsbad Ranch Maintenance Association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs. 44. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 45. The applicant shall pay the current local drainage area fee or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. 47. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. * The developer shall reimburse the City for funds expended by the City for road improvements to Palomar Airport Road. This condition is in accordance with Carlsbad City Council Resolution No. 88-168 approving reimbursement agreements pertaining to Assessment District No. 86-1 or any provisions thereto. * This project shall be graded in such a manner that the City's need for fill material for Cannon Road can be met. Therefore the developer shall be allowed to lower grades as shown on the tentative map in areas that have not been planned in detail. H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO RPT.CON Provided the/grading and drainage are satisfactory to the City Engineer, such changes stem be found to be within substantial conformance with the approved tentative map. * The connection of the storm drain in Hidden Valley Road to the basin on City Property as shown on sheet 8 of the tentative shall be eliminated and the storm drain alignment shall be redesigned to the satisfaction of the City Engineer. 56. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the applicant is unable to obtain the grading or slope easement, no grading permit will be issued. In that case either the tentative map shall be amended or the plans shall be modified so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. 59. The developer shall construct desiltation/detention/urban pollutant basin(s) of a type and a size and at location(s) as approved by the City Engineer. The developer shall enter into a basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or final map whichever occurs first for this project. Each basin shall be serviced by an all-weather access/maintenance road. 63. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. * Pointe Parkway shown as a public street on the tentative map shall be private and privately maintained. * The developer shall record an easement over SDG&E property for the construction and maintenance of the two under-crossings of Cannon Road as shown on sheets 3 and 4 of the tentative map, to the satisfaction of the City Engineer. * The owner shall record an agreement to maintain the two Cannon Road under crossing structures, slopes and landscaping. 65. The developer shall underground all existing overhead utilities along the subdivision boundary. 66. Direct access rights for all lots abutting Palomar Airport Road and Cannon Road shall be waived on the final map. 69. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO RPT.CON District No. 1 on a form provided by the City. 71. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. * The developer shall record an agreement or an easement over SDG&E property to allow the temporary desiltation and National Pollution Discharge Elimination System (NPDES) basins as shown on sheet 3 of the tentative map to be constructed and maintained by the developer until such time as permanent basins are constructed downstream to the satisfaction of the City Engineer. * All National Pollution Discharge Elimination System (NPDES) basins shall be constructed with a high flow bypass, a low flow inlet to the basin facilities and a basin overflow outlet to the satisfaction of the City Engineer. * The owner shall enter into an agreement with the City to construct traffic signals at the following locations if warrants are met, as determined by the City Engineer, prior to their scheduled construction by the City, in accordance with the City's Capital Improvement Program: 1. Cannon Road and Paseo del Norte. 2. Cannon Road and the lnterstate-5 off-ramps. 3. Cannon Road and Car Country Drive. 4. Cannon Road and Avenida Encinas. H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO RPT.CON 72. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, prior to the first final map the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. Cannon Road from Paseo del Norte to Pointe Parkway shall have full improvements to meet major arterial standards. B. Lego Drive from Cannon Road through the roundabout shall have full improvements to major arterial standards as modified and shown on the tentative map and striping plans. C. Armada Drive from the roundabout to Palomar Airport Road shall have the full width improvements as shown on the tentative map. D. Complete the median improvements and add sidewalks, landscaping and street lights to City Standards along the project frontage of Palomar Airport Road. E. Hidden Valley Road from Palomar Airport Road to the north terminus shall have the full width improvements as shown on the tentative map. F. Roadway, striping and traffic signal modifications at the intersection of Palomar Airport Road and Armada Drive, including those improvements needed to provide a free right turn lane G. Widen the westbound approach on Palomar Airport Road at Paseo del Norte and construct a right-turn only lane and modify traffic signals. H. Fully traffic actuated signals at: i. Cannon Road and Lego Drive ii. Cannon Road and Pointe Parkway iii. Hidden Valley Road and Palomar Airport Road I. Bond for design and construction of traffic signals at both intersections of Street "D" with Armada Drive. The above traffic signals are to be constructed when warrants are met as determined by the City Engineer. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO RPT.CON 77. The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid FINAL MAP NOTES Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: I. All improvements are private and are to be privately maintained with the exception of the following: A. Lego Drive from Cannon Road through the roundabout B. Armada Drive from the roundabout to Palomar Airport Road C. Palomar Airport Road D. Cannon Road E. Hidden Valley Road F. The Storm Drain in Lego Drive II. In the event that a funding mechanism for public improvements that includes this project is created, a note identifying the project's obligations shall be placed on the final map. CODE REMINDERS I. Approval of this tentative tract map shall expire twenty-four (24) months from the date of Planning Commission approval unless a final map is recorded. An extension may be requested by the developer. Said extension shall be approved or denied at the discretion of the Planning Commission. In approving an extension, the Planning Commission may impose new conditions and may revise existing conditions pursuant to Section 20.1 2.110(a)(2) Carlsbad Municipal Code. II Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. III. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The developer must submit and receive approval for grading plans in accordance with City Codes and Standards. Prior to issuance of a building permit for the project, a grading permit shall be obtained and grading completed in substantial conformance with the approved grading plans. H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO RPT.CON NOTE: If the disturbed area is five acres or more, Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. IV. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The applicant shall conform to Section 20.1 6.095 of the Carlsbad Municipal Code. V. Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. (52.) VII. In the event that an Assessment District is formed that includes the project, then as required by state law, prior to the recordation of a final map over any of the subject property, the subdivider shall submit to the City an application for segregation of assessments along with the appropriate fee. A segregation is not required if the applicant pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of each new lot. VII. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the developer shall conform to the requirements of Chapter 1 3.1 6 of the Carlsbad Municipal Code. The applicant shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. IMPROVEMENT PLAN NOTES A note shall be placed on the improvement plans stating which facilities are public and which are private. H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO\LEGO_RPT.CON CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE; TO: FROM: /REVISED PLAN ENGINEERING DEPARTMENT * POLICE DEPARTMENT -.ATTN: J. SASWAY * FIRE DEPARTMENT - MIKE SMITH * BUILDING DEPARTMENT - PAT KELLEY COMMUNITY SERVICES - MARK STEYAERT * COMMUNITY SERVICES - VIRGINIA McCOY * C/1&&&M rtV*Jtc/AU, - WATER DISTRICT /T~T77(J LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK - SCHOOL DISTRICT * NORTH COUNTY TRANSIT DISTRICT - THOMAS LIGHTERMAN SAN DIEGO GAS & ELECTRIC - BICH TRAN (Memo Only) * Always Send Exhibits Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE PROJECT TITLE: APPLICANT: PROPOSAL: ^773" Please review and submit written comments and/or conditions to the Project Planner in the Planning Department at 2075 Las Palmas Drive, by If not received by that date, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact AOA/ Aj^tj _ at 438-1161 xt THANK YOU COMMENTS : PLANS ATTACHED FRM0020 5/94 v>—*CITY OF CARLSBAD REVIEW AND COMMENTL MEMO DATE: /-^-Q 7Q /REVISED PLAN TO: ENGINEERING DEPARTMENT /m**'- ;3T * POLICE DEPARTMENT - ATTN: J. SASWAY * FIRE DEPARTMENT - MIKE SMITH * BUILDING DEPARTMENT - PAT KELLEY COMMUNITY SERVICES - MARK STEYAERT ' * COMMUNITY SERVICES - VIRGINIA McCOY * - WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK - SCHOOL DISTRICT * NORTH COUNTY TRANSIT DISTRICT - THOMAS LIGHTERMAN SAN DIEGO GAS & ELECTRIC - BICH TRAN (Memo Only) * Always Send Exhibits FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE PROJECT TITLE: APPLICANT: PROPOSAL: Please review and submit written comments and/or conditions to the Project Planner in the Planning Department at 2075 Las Palmas Drive, by If not received by that date, it will be assumed that yoo' have no comment and the proposal has your endorsement as submitted. If you have any question^, please contact &3/U AJ&tt _ at 438-1161ext THANK YOU COMMENTS : PLANS ATTACHED FRM0020 5/94 WAYNE F. BAILING 4507 CARNABY CT. CARLSBAD, CA 92008 (619) 434-8602 August 31,1995 City of Carlsbad Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Attn. Mr. Don Neu Dear Mr. Neu, I have been a supporter of the Lego Family Park since it was first mentioned for our fine City. I have a copy of a letter I received from Lego during the early days of this issue after I had written them. Now, I am not sure how I feel for the following reasons. Our city spent money to keep our flower fields and the attention it draws to Carlsbad. So what are we now suggesting that we place in front of the flower fields, a nice sales tax area called "Specialty Retail". I think that this is a foolish idea because it will block the view of these flower fields from the passing traffic on the Interstate freeway and interfere with the beauty of our flower fields. Can we not use some common sense as our city proceeds with this project. I know that this cry has been stated before, but we do not want to become like our neighbors to the North. Regards, Wayne F. Dailing ^ cc: Office of the Mayor Blade-Citizen Carlsbad Sun Lego 2934 Gaviota Circle Carlsbad, CA 92009 August 18, 1995 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Dear Sir, Reference your Carlsbad Ranch/Legoland Update. The map outline of the Carlsbad Ranch Planning Area reflected in your Update, indicates that the entrance to Legoland will be from the Palomar Airport Road. It was my understanding from earlier planning the Legoland entrance would be from Cannon Road. Considering that Palomar Airport Road has become a prime conduit for traffic between 1-5 and San Marcus/I-15, and future developments will impact significantly on the Palomar Airport Road traffic, suggest the entrance to Legoland be via Cannon Road. This may necessitate moving the Legoland site [ Area 4 ] northward to Cannon Road, displacing the activities outlined for Areas 8b and 5. The Carlsbad Planning Department and City Council have been very professional in keeping the public abreast of developments and, to their credit, making the public a part of the Legoland planning process. That openness is appreciated. very truly, City of Carlsbad Engineering Department JULY 25, 1995 John Drewel O'Day Consultants 7220 Avenida Encinas, Suite 204 Carlsbad, Ca 92009 CT 94-07, CARLSBAD RANCH/LEGO The changes in street profile for Lego Drive and the changes in drainage for the area around Lego Drive and Armada appear to be supportable. The changes indicated on the prints that you submitted July 11,1995 may be incorporated into the next tentative map submittal. One set of those prints are enclosed for your reference. Senior Planner, Neu and Plan Check Engineer, Howard have reviewed the proposed changes and given their support. Davis, Associate Engineer c: Principal Civil Engineer, Wojcik Senior Planner, Neu Associate Engineer, Howard 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 MEMORANDUM July 24, 1995 TO:Planning Department, Bobbie Hoder Planning Department, Graphics Traffic Engineer Building Department, Raenette Abbey Fire Department, Steve Ruggles, Station #4 Community Services, Greg Clavier Police Department, Pat Zavala GIS, Karl Von Schlieder FROM: Planning Director RE: STREET NAMES FOR CT 92-07 - CARLSBAD RANCH PHASE 3 The following street names have been approved as a part of the final map processing for CT 92-07. A map delineating street locations is attached. The following are all public streets: Fleet Road Sound Street .0 H Attachment KEY MAP SCALE 1' - 500* City of Carlsbad Engineering Department July 13, 1995 Jerry O'Connell, O'Day Consultants 7220 Avenida Encinas Carlsbad, CA 92009 CT 94-09, CARLSBAD RANCH/LEGO A drainage issue on the last submitted tentative map has been identified. This issue is confirmed to be the same issue that Sherri Howard, Plan Check Engineer, has also identified. Since this is an issue with this tentative map, the tentative map needs to show a resolution that meets standards. This issue cannot be resolved solely through the plan check process and a request for changes to the existing approved plans for Carlsbad Ranch, CT 92-07. In order to allow for a timely review of such request I urge you to submit the revised tentative map soon. You may contact me at 619-438-1161, extension 4500 if you have any questions. Davis, Associate Engineer City Engineer Assistant City Engineer Principal Civil Engineer, Bob Wojcik Senior Planner, Don Neu Associate Engineer, Sherri Howard 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 CONSULTA T S CARLSBAD RANCH PHASE 3 Street Names Project: C.T. 92-7 Drawing Nos: 333-2D, 2E TO: Anne Hysong, Assistant Planner City of Carlsbad, Planning Department FROM: Jerry O'Connell, Engineer of Work DATE: June 12, 1995 The approved street names within this Phase are: • Armada Drive • Fleet Road • Sound Street 7220 Avenida Encinas Suite 204 Carlsbad, California 92009 619-931-7700 Fax:619-931-8680 Civil Engineering Planning Processing Surveying N C T D May 31, 1995 Don Neu City of Carlsbad Planning Department 2075 Las Palmas Carlsbad, CA 92009 Dear Don Neu: RE: CT 94-09 / HDP 94-07 CARLSBAD RANCH We have reviewed the above mentioned development plan with regard to transit service and have the following comments: 1. At this time, NCTD does not have plans to provide service to Carlsbad Ranch. Our closest existing service is provided by Route 321 on Paseo Del Norte, between Cannon Road and Palomar Airport Road. The District does not, however, wish to preclude the possibility of providing public transit service to Carlsbad Ranch in the future. 2. NCTD has made comments on the Specific Plan and subsequent tentative map proposals to assure that the provision of transit service is not precluded. In light of this effort, we have provided to the city and the developer's staff copies of the NCTD Design Outlines for Bus Facilities. 3. Through our meeting with you, members of city's engineering staff and O'Day Consultants, we have identified with you potential bus stops in the development. As we indicated at the meeting on May 24, 1995, the District requires minimum street widths in order to provide safe service. Given the current tentative map, bus turnouts appear to be the best method by which to create bus stops. In the meeting we identified four potential bus stops. NORTH COUNTY TRANSIT DISTRICT 31 1 South Tremont Street. Oceonside, CA 92054 61 9-967-2828 4. The four potential bus stops are identified on the attached map: A. North-bound Armada Drive— Bus Turnout (as described in Figure 3 of the Design Outlines) at Lego Drive where the trail connection joins Armada Drive to Lego Drive near the Toll Plaza. B. North-bound Armada Drive—Bus Turnout or curb alignment similar to turnout without the deceleration section, farside of the intersection of Armada Drive and "D" Street. C. South-bound Armada Drive—Bus Turnout or curb alignment similar to turnout without the deceleration section, farside of the intersection of Armada Drive and "D" Street. D. South-bound Armada Drive—Bus Turnout farside of the intersection of Armada Drive and "D" Street before the hotel entrance. 5. NCTD requires that all bus stops meet ADA requirements. ADA requirements are outlined in the Transportation Facilities section of the regulations, which we provided to you at the meeting on May 24, 1995. Specific issues identified in our meeting included concerns regarding the widths of sidewalks and boarding pad areas, and the maximum of 2% slope at bus stops requirement. 6. The round-about forming the intersection of Armada Drive and Lego Drive should be built to accommodate a 40' bus. During our meeting we were assured that the current design would accommodate our buses. NCTD would like to have confirmation that this will indeed be the case. 7. NCTD would like to emphasize that the development needs to be pedestrian oriented. Sidewalks and pedestrian crossings are very important components of transit service. We encourage the provision of pedestrian access not only at bus stops, but throughout the site to better serve the development. Pedestrian access to Paseo Del Norte is welcomed. 8. As Cannon Road is improved to serve the development, we recommend that those improvements not preclude bus transit. The Design Outlines articulate various means by which to make bus stops feasible. Should the District at some time in the future provide service along Cannon Road, the minimum design standards should be met. P/CS/CARLRNCH.DOC 9. NCTD will review changes to the Striping Plan of the Tentative Map when they are available from Jerry O'Connell of O'Day Consultants. NCTD appreciates the opportunity to comment on this development plan. If you have any questions about our responses, please contact me at 967-2859. Sincerely, Chris Schmidt Assistant Planner cc: Tom Lichterman, NCTD Jerry O'Connell, O'Day Consultants P/CS/CARLRNCH.DOC AGUA BED10NDA LACOOff otentiaTBus Stops D Figure 4 DEVELOPMENT SUMMARY if D ' *"'OPALOttMt AIRPORT ROAD1 r nu—i DEVELOPMENT AREAS AGRICULTURAL GOLF COURSE NUMBER LAND USE ACRES (NET)DEVELOPMENT PROGRAM 1 AGRICULTURE 2a,b SPECIALTY RETAIL 3 GOLF 4a,b,c G.I.A. VOCATIONAL SCHOOL 5 GOLF 6-12,14-15 RESEARCH & DEV'T 13 STREET "D" (PRIVATE) 16 OPEN SPACE 17 RESORT 18 LEGO FAMILY PARK 19 LEGO DRIVE (PRIVATE) 20 COMMUNITY HOTEL & RETAIL PUBLIC ROADS TOTAL SPECIFIC PLAN: 53.42 26.65 45.61 28.93 26.46 40.01 1.97 10.00 52.80 128.32 0.94 10.48 21.81 447.40 AC 6 EXISTING FLOWER FIELDS 300,000 SF 4 HOLES OF GOLF 550,000 SF 3 HOLES OF GOLF 800,000 SF PRESERVE IN NATURAL STATE 700 SUITES; 647,000 SF 425,750 S.F. 212,080 SF; 280 ROOMS 2,934,830 SF City of Carlsbad Planning Department March 23, 1995 Bill Hofman Hofman Planning Associates 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 SUBJECT: CARLSBAD RANCH SPECIFIC PLAN AMENDMENT REMAINING PROJECT ISSUES - GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A)/EIR 94- 01/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07 Dear Bill: In addition to the minor revisions identified for the Draft Specific Plan Amendment dated February 27, 1995 and the Engineering Exhibits transmitted to your office on March 16, 1995 several project issues still remain. The remaining issues are as follows: 1. Applications for the proposed development on the property under SDG&E ownership necessary for the Carlsbad Ranch project remain to be submitted. These applications are needed so that a final project description can be formulated for purposes of preparing the project's Environmental Impact Report (EIR). 2. The Carltas Company needs to sign and return the Agreement Between the City and the Project Applicant for Payment of the EIR Consultant as well as to deposit the funds to pay for the cost of preparing the EIR. 3. City staff has reviewed plans demonstrating how the Specialty Retail development for Planning Area 6 can be phased given the existing lot line. Revisions were to be made to those plans so that they could be included in the Planning Area 6 section of the specific plan. Two exhibits are to be included. The first would show development only on the existing 10.7 acres designated as commercial. The second exhibit is to show the ultimate site layout incorporating what would be the existing development (phase 1) with proposed phase 2 development. 4. Retaining a 30 ft. setback along Armada Drive for Planning Area 3 and for Lot 15 only in Planning Area 2 is acceptable (no setback increase for building height over 35 feet). The setback from Armada Drive for Lot 12 in Planning Area 2 is 30 feet and will be required to increase per the code requirements applicable to buildings exceeding the 35 foot height limit. Revised text must be included in the Specific Plan to address these areas as well as the 25 foot building setback from the southern and western lot lines for the Hotel/Retail site to clearly indicate that these setbacks are not required to increase for buildings over 35 feet in height. 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619) 438-1161 GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A)/EIR 94-01/ AP 76-01(D)/CT 94-09/PUD 94-07/HDP 94-07 MARCH 23, 1995 PAGE TWO 5. The project's impact on the grading quantities for the Cannon Road project must be resolved with the Engineering Department. 6. Please provide a copy of the Land Conservation Contract and agricultural preserve boundary map for Assessor Parcel Number 212-041-05 to verify that the contract on that property has expired and that the parcel is no longer contained within an agricultural preserve. It still remains to be determined if new agricultural preserve boundaries need to be established as part of the proposed contract cancellation on areas of the Carlsbad Ranch. Items number one and two must be received prior to work beginning on the EIR. The revisions to the Specific Plan and engineering exhibits should be submitted no later than approval of the project description for the EIR consultant. It is estimated that this will occur approximately 14 days after a notice to proceed with preparation of the EIR is given. This will enable the EIR consultant to have a Specific Plan and project exhibits which have no or few issues for use in preparing the EIR. Should you have any questions please contact me at (619) 438-1161, extension 4446. Sincerely, DON NEU Senior Planner c: Chris Calkins, Carltas Company Pat O'Day, O'Day Consultants Carlsbad Ranch/LEGO Team DNrvd SP207a.rev TO: DON NEU FROM: BOB WOJCIK DATE: 3-17-95 RE: CT 94-09 THE FOLLOWING IS A LIST OF ISSUES FOUND WITH THE TENTATIVE TRACT MAP: 1. SHEET 1, THE PROPERTY LINE FOR THE NORTH SIDE OF LOT 19 IS SHOWN TOO FAR SOUTH. IT SHOULD BE MOVED FURTHER NORTH. 2. SHEET 2, TYPICAL SECTION FOR LEGO DRIVE (PRIVATE) REFERENCES R/W FOR RIGHT OF WAY. SINCE THE STREET IS PRIVATE THE R/W SHOULD BE CHANGED TO "PROPERTY LINE". ON THE SAME TYPICAL THE CURB TO CURB WIDTH IS SHOWN AS 24'-25.5'. IT SHOULD BE 24'-26.5'. 3. SHEET 2, TYPICAL SECTION OF HIDDEN VALLEY ROAD SHOWS A 2.5' PARKWAY ON THE EAST SIDE. THE STANDARD 4.5' SHOULD BE SHOWN. 4. SHEET 3, ALL "LINED DITCH" OR "LINED NPDES DITCH" REFERENCES SHOULD BE CHANGED TO "NPDES SWALES". 5. SHEET 3, THE MEDIAN ON ARMADA DRIVE SHOULD BE EXTENDED WITH A LEFT TURN POCKET TO THE ENTRY OF LOT 6. 6. SHEET 4, SAME COMMENT AS 3 AND 4 ABOVE. 7. SHEET 4, POINTE PARKWAY MAY BE A PRIVATE STREET AND NOT DEDICATED TO THE CITY AS RIGHT OF WAY. THIS MATTER HAS NOT BEEN RESOLVED YET. 8. SHEET 5, REMOVE THE WORDS "MID-BLOCK" FROM THE NOTE ABOUT PEDESTRIAN ACCESS LOCATED IN THE LOWER LEFT PORTION OF THE. SHEET. 9. SHEET 6, SAME COMMENT AS 3 ABOVE. 10. SHEET 6, A MEDIAN,>ROM THE SOUTHERN END OF THE G.I.A. PARCEL TO THE G.I.A. ENTRY, WITH A LEFT TURN POCKET SHOULD BE SHOWN. 11. SHEET 7, SAME COMMENT AS 3 ABOVE. 12. SHEET 8, SAME COMMENT AS 3 AND 7 ABOVE. 13. SHEET 9, A VERTICAL CURVE IS NEEDED AT THE INTERSECTION OF HIDDEN VALLEY DRIVE AND PALOMAR AIRPORT ROAD. A 6.54% GRADE BREAK IS NOT ACCEPTABLE. City of Carlsbtd 95042 Fire Department Bureau of Prevention Plan Review: Requirements Category: Fire Conditions Date of Report: Tuesday, March 7.1995 Contact / ^>6uui>-^ ame Don Neu ddress LasPalma itv, State Carlsbad CA 92009 Plannina No. 6 /& ^At w /<H »F f&i .A. (' ^ \^\<S.Bldg. Dept. No. Job Name Legoland/Csbad Ranch Job Address Ste. or Bldg. No. ^\ (8 & Approved - The item you have submitted for review has been approved. The approval is based on plans; information and/or specifications provided in your submittal; therefore any changes to these items after this date, including field modifica- tions, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to construct or install improvements. Disapproved - Please see the attached report of deficiencies. Please make corrections to plans or specifications necessary to indicate compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. For Fire Department Use Only Review 1 st 2nd 3rd CFD Job# 95042 File* Other Agency ID 2560 Orion Way Carlsbad, California 92008 (619) 931-2121 Requirements Category: re Conditions 95042 Deficiency Item: Satisfied 01 Building Permits Prior to the issuance of building permits, complete building plans shall be approved by the Fire Department. Deficiency Item: Satisfied 02 Hydrants Additional on-site public water mains and fire hydrants are required. Deficiency Item: Satisfied 03 Site Plan/Hydrants Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. Deficiency Item: Satisfied 04 Site plan/access Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. Deficiency Item: Satisfied 05 Access during construction An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. Deficiency Item: Satisfied 06 Combustible construction materials on site All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Deficiency Item: Satisfied 07 Security gate systems All security gate systems controlling vehicular access shall be equipped with a "Knox", key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Deficiency Item: Satisfied 08 Fire lanes Private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of section 17.04.020 of the Carlsbad Municipal Code. Deficiency Item: Satisfied 09 Brush clearance Native vegetation which presents a fire hazard to structures shall be modified or removed in accordance with the specifications contained in the City of Carlsbad Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire Department for approval. Deficiency Item: Satisfied 10 Fire protection systems- sprinklers, alarms, standpipes Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. Page 2 03/07/95 Requirements Category: IRre Conditions ^ 95042 Deficiency Item: Satisfied 11 Sprinklers required for buildings over 10,000 sq ft in area An approved automatic fire sprinkler system shall be installed in buildings having an aggregate floor area exceeding 10,000 square feet. Deficiency Item: Satisfied 12 Emergency response maps The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. Deficiency Item: Satisfied 13 Monument sign A monument sign shall be installed at the entrance to the driveway or private street indicating the addresses of the buildings on site. Page 3 Tuesday, March 7,1995 EW AND COMMENT DATE: TO: ** * * * FROM: 23 REVISED PLAN ENGINEERING DEPARTMENT GROWTH MANAGEMENT (MEMO ONLY) POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY COMMUNITY SERVICES - MARK STEYAERT COMMUNITY SERVICES - VIRGINIA McCOY WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street, Oceanside, CA 92054-3119 - THOMAS LIGHTERMAN SAN DIEGO GAS & ELECTRIC - P. O. Box 1831, San Diego, Ca 92112-4150 - BICH TRAN (MEMO ONLY) Always Send Exhibits Planning Department SP2Q7^)/£REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. PROJECT TITLE: APPLICANT: PROPOSAL: £"/L>ce -ft? f -fc? ~/-ne,Man -fa -4e ex Genera / /fe ve. Please review and submit written comments and/or conditions to the Planning Department by MA'QcJl /y. /ffiST If not received by that date, it will be assumed that you havej •.-"» 111,, i. •. ^.atr n inn.I,, fcj.Jn.ii i ^ * •< no comment and the proposal has your endorsement as submitted. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 3/94 LOCATION MAP l r CARLSBAD RANCH SPECIFIC PLAN AMENDMENT EIR 94-01/GPA 94-03/LCPA 94-03/ZC 94-02/ SP 207(A)/SP 144(G)/LFMP 87-13(B)/ AP 76-01 (D)/CT 94-09/PUD 94-07/ HDP 94-07/DEVELOPMENT AGREEMENT 94-01 N C T D August 10, 1994 Mr. Don Neu Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Re. Gemological Institute of America Project Dear Mr. Neu: We have reviewed the above mentioned project with regard to transit service. NCTD provides Route 321 service on Paseo Del Norte between Poinsettia and Plaza Camino Real. This route operates on weekdays between the hours of 6:45 AM and 6:45 PM and on Saturdays between 9:45 AM and 6:15 PM. A route map and schedule are enclosed. Northbound and southbound stops are located at the corner of Paseo Del Norte and Cannon Road, within walking distance of the project site. NCTD requests that a sidewalk extend along Cannon Road creating pedestrian access to and from the project site and Paseo Del Norte. If you have any questions regarding transit service to the project site, please do not hesitate to call. Sincerely, Beth Grennan Assistant Transportation Planner NORTH COUNTY TRANSIT DISTRICT 311 South Tremont Street, Oceonside, CA 92054 619-967-2828 en A. nj— o enen tn en en .A. <uro — oen oj oj en .th coco ro —CD CD OS en .(». eo -* ro — oto co ro — 'en en en enT3 O) -* ro — o T3 at ro ro — i. oo tn ** co *Oo CD CD CD•O Q) fO — -* O -o su en ^ ColfO — » fO O tO en Jk COen & cj §*- COen jk en en en •o o> KillsT3 0) ro — * fo — » toco fO — * o en en en en en to GRAND & Cir WASHINGTON f J oCAM! NO REAL V"^ PIOPICO & TAMARACK PASEO DEL NORTE &PALOMAR AIRPORT RD (OUTBOUND) POINSETTIA VILLAGE CENTER SPINAKEH HILL PASEO DEL NORTE & PALOMAH AIRPORT RD. (INBOUND) GRAND & WASHINGTON ^ en tn en Q tpSi ^ lii Oi en en££ g o> in enro tn — *• 01 en tn §§§ os o> tn en en tn §co -* o entn en tn en ftfiBgJ *.UM-i5 ' ^ *. (\J -» fOw o en j^ to •a ilaSl^ ISSSf §«. co fo ro10 -* o tntn tn tn tn en en tn ento C3 CO CO -J o tn ^ co •CD CD CD CD — O CD -J O) — o <p -j a> O) -* o jp -J en a> -— • o to co o> Sc^SS5a> — o to CD -g*. C*> I\J — - O<ji en en en co GRANDS f^T" WASHINGTON ^\ . PLAZA (~}CAMINOREAL V-X ^» PIO PICO& TAMARACK PASEO DEL NORTE &PALOMAR AIRPORT RD (OUTBOUND) POINSETTIA VILLAGE CENTER SPINAKER HILL PASEO DEL NORTE & PALOMAR AIRPORT RD. (INBOUND) GRANDS WASHINGTON MONDAYi 185$ NORTH COUNTY TRANSIT DISTRICT NORTH SAN D IE G 0 C O U NT { rp A NSIf DEVELOPMENT BOARD October 13, 1992 Don Neu £•'":"•' City of Carlsbad Planning Department 2075 Las Palmas Carlsbad, CA 92009 Dear Mr. Neu, RE: CT 92-7 / HDP 92-11 CARLSBAD RANCH We have reviewed the above mentioned development plan with regard to transit service and have the following comments: 1. Currently, Route 321 operates in the vicinity of Parcel 10 on Paseo Del Norte Monday through Saturday. Route 321 offers hourly service between Carlsbad Village, Plaza Camino Real, and Lake Shore Gardens on weekdays from 6:50 AM to 6:18 PM; and on Saturdays from 9:50 AM to 5:13 PM. Alternating 20/45 minute service is available on weekdays during the afternoon commuting hours. 2. There appears to be a lack of pedestrian access from the curbside at Paseo Del Norte through Parcel 10 to the pedestrian connection to the village center. The location of the pedestrian access would have an impact on the location of the Route 321 bus stop to serve Parcel 10. 3. At this time, there are no plans to provide direct service to Parcels 1-9 and 11-13 within the next five years. The landscape areas and parking pockets on Road 'A' would appear to provide sufficient room for any future bus stops that may be implemented. NCTD does not require any transit dedications at Parcels 1-9 and 11- 13. If you have any further questions, please feel free to contact me at 967-2859. Sincerely, Mark Wasdahl Assistant Planner 311 SouthTremont Street * Oceanside, California92054 » Phone(619)967-2828 *u>» Oft OB 00 £KKUI UI UI * U> KJUI UI U)UI UI UI tss* * * A. U> M Ul Ul Ul O O O •fe Ul to *> U> K>UI UI UI UI * UI >* H* »•* ** 0 •o t» h» M o10 to to im u» m•O » »-• *-*-• w oJ W UI |ui m ui -• w o •O fit •* K) O 10n ui ui ui 00 O 0•o a t-» M-1 W O \OWl W yi uv •o » M W O WUI UI UI UI •O Q» J M MO •o » GRAND & 1 WASHINGTON ^~*\ PLAZA (~~\ CAMINO REAL V_X **' TAMARACK & 1-5 PASEO DEL NORTE 4 PALOMAR AIRPORT RD. (OUTBOUND) LAKESHORE GARDENS DAISYS WISTERIA PASEO DEL NORTE S PALOMAR AIRPORT RD. (INBOUND) GRAND S WASHINGTON j£ UI 01 » » U ^ Ol O UI UI CD Q m m * <* w J^ 00 O w UI 09K UI UI A * U) »^*ot« m ui ui A. u> UI >J O N.' UI M Ul 0 *• 0M u <* m M • v-* ui *-* y\ o 1 O »-• O H» Os Ul Ul ^ tj W M tO M O Ul (R 00 03TJ Ul M M (O Mw u> w to toO Ut 09 -J ^J13 Ul M M (O M •o M (-•U> K) M tO M -J O Ul *. A. •D <jj K) M PJ M UJ * M O O•o M M j* o m m us •0 CJ CJ M M Wm o o o o •o ,(k U> M H- W •a 0 VO » -J 03 00 00 03 D «) 00 «JM (O to tO I -J -sj -J -J0) o to OD -si 03 03 03 03a D v£t CD -J * * * J o vo m -o o\ Ul Ul U> Ul Ul0 O O O 0fit Ul Ui U\ U\ W tt o o o o o a "• H» at GRAND & 1— WASHINGTON ("*\ PLAZA f*\ CAMINO REAL \^S VJ TAMARACK &i £I-D PASEO DEL NORTE S PALOMAR AIRPORT RO. (OUTBOUND) ' LAKESHORE GARDENS DAISYS WISTERIA PASEO DEL NORTE S PALOMAR AIRPORT RD. (INBOUND) GRAND S WASHINGTON § "j* SS •* City of Carlsbad Planning Department December 20, 1994 Bill Hoftnan Hofrnan Planning Associates 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 SUBJECT: Dear Bill: SECOND DRAFT OF THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT AND REVISED MASTER TENTATIVE MAP - GPA 94-03/LCPA 94-03/ZC 94-02 ISP 207(A)/LFMP 87-13(B)/EIR 94-01/AP 76-01(D)/CT 94-09/PUD 94-07/HDP 94-07 The second draft of the Carlsbad Ranch Specific Plan Amendment and the Master Tentative Map submitted on November 21, 1994 have been reviewed by staff of the Planning and Engineering Departments. Attached is a list of the issues of concern with the project. City staff recommends that after you review the outstanding issues that we schedule a meeting to discuss how they will be resolved. In most cases city staff has indicated a proposed solution for the issues that were identified. I suggest that the meeting be attended by representatives of your office and O'Day Consultants as well as Chris Calkins. Work on the Initial Study and Request for Proposals for the Environmental Impact Report (EIR) will now begin. The EIR Consultant selection and hiring process will follow. Once the EIR consultant selection is approved by the City Council work on the EIR will not begin until all project documents and plans are determined to be in a state acceptable to base the environmental analysis on. Please contact me at 438-1161, extension 4446 so that we can schedule a working meeting to discuss the issues and agree upon the course of action to resolve them. Sincerely, DON NEU Senior Planner DN:lh CBADRCH.DR2 Chris Calkins, Carltas Company Pat O'Day, O'Day Consultants Gary Hill, GIA Paul Ecke, Sr. Trust John Jakobsen, LEGO Park Planning, Inc. Community Development Director Planning Director City Engineer Assistant Planning Director Assistant City Engineer Principal Civil Engineer Wojcik Associate Engineer Davis Senior Management Analyst Rideout 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161 ISSUES OF CONCERN Planning: 1. The proposed alignment of Paseo Del Norte must be determined at this time. The alignment is related to the proposal to designate the acreage within Planning Area 6 as Regional Commercial (R). The proposed land uses changes assume the road will be moved back to it's previous alignment, however, the Master Tentative Map maintains the existing alignment. A related issue is the creation of a single lot for Planning Area 6 as previously requested. It has not been demonstrated that the proposed lot configurations will accommodate a phased development program for this Planning Area. 2. The Draft Specific Plan proposes reducing the agricultural setback for Planning Area 3 (Community Hotel & Retail) and 6 (Specialty Retail) from 50 feet to 20 feet. The 50 foot setback is contained in the approved plan and is part of the development standards intended to mitigate the potential impacts of agricultural operations on urban land uses. Staff does not support the proposed reduction in setback. Acceptable justification must be provided if this is to receive further consideration. 3. A review of preliminary golf course layouts for the Carlsbad Ranch has been completed. In order for further consideration to be given to combining the proposed 9 holes on the Carlsbad Ranch with the proposed 18 hole City golf course project located east of Hidden Valley Road the following design objectives need to be met: A) The first and ninth golf holes need to be located as closely as possible to the area for the clubhouse on the City property. Without such a layout a combined 27 hole golf course is not feasible. B) Consideration must be given to the location of a joint golf course maintenance facility. C) Modifications to the Planning Area boundaries may be necessary to provide a golf course layout which makes the 27 hole proposal feasible. 4. The golf cart path proposed in parcel 4 (GIA expansion area) must be moved to outside the required 30 foot building and landscape setback from Cannon Road. 5. If any portion of the SDG&E property is to be developed as part of the 9 hole golf course layout the required applications for this area listed in previous correspondence must be submitted as soon as possible. A final determination of the project boundaries is needed. 6. LEGO Drive south of the roundabout should be revised to be a private access. This issue was identified on the first plancheck. 7. The Directional Sign program in the Draft Specific Plan must be revised to include all the information required by Section 21.41.075 of the Carlsbad Municipal Code. 8. Each Planning Area in the Specific Plan needs to reference Section IV A of the plan so that it is clear that those development standards apply. Bill Hofman Hofman Planning December 20, 1994 Page 3 9. An access location for Planning Area 7 (Flower Fields) must be determined and specified in the project documents. 10. Revisions requested by the City's Landscape Architect to the proposed tree and plant palette were not made. Please revise as requested. 11. Inconsistencies exist between the grading quantities listed on the grading exhibits, tentative map, and the Specific Plan. In addition, the proposed grading phase areas are not clear and conflict with the proposed phases for final map recordation. Please revise so that all exhibits are indicating the same areas and grading quantities for the separate phases. 12. Planning Area and lot acreages must be used consistently between the various project documents and exhibits. Please see the enclosed Draft Specific Plan and various checkprints. 13. Before requests for proposals can be sent out to environmental consultants for preparation of an Environmental Impact Report (EIR) a letter of authorization agreeing to assume all costs for the preparation of the EIR must be submitted by the project applicant. 14. Several issues remain with the proposed Land Conservation Contract Cancellation and are as follows: a. The agricultural preserve boundaries must also be amended. The application letter should be revised to include the amendment to the preserve boundaries and be accompanied by a graphic indicating the proposal. b. A copy of the Land Conservation Contract and agricultural preserve boundary map for assessor parcel number 212-041-05 must be submitted to verify that the contract on that property has expired and that the parcel is no longer contained within an agricultural preserve. c. The appropriate timing must be determined for requesting that the County Assessor certify to the City Council the cancellation valuation of the land under contract. 15. Provide revised 500 scale exhibits indicating the proposed General Plan/Local Coastal Plan and Zoning designations. 16. The following revisions need to be made to the Master Tentative Map: a. On sheet 1 revise the acreage for existing lots 4 and 14 as indicated on the checkprint. Bill Hofman Hofman Planning December 20, 1994 Page 4 b. On sheet 1 revise the Unit boundaries to be consistent with the proposed boundaries of the grading phases. c. The proposed street sections must be revised as indicated on the enclosed checkprint. d. The trails proposed as part of the Carlsbad Ranch Specific Plan should be contained within dimensioned easements on the Master Tentative Map. Refer to the tentative map checkprint. e. On sheet 3 note that the area of Armada Drive to be vacated will be merged with Lots 5 and 6 of Final Map 13078. f. Proposed Lot 6 is split between several sheets. Please revise to show Lot 6 on one sheet. g. Revise the property line for Lot 18 to show LEGO Drive south of the roundabout as being a private access. h. The limits of grading symbol should be added in several locations and adjusted in others as shown on the enclosed checkprint of the tentative map. i. Dimension the curb cut width for the proposed access roads off Hidden Valley Road. j. Revise the map to create one Lot for Planning Area 6 (Speciality Retail). Previous concept plans demonstrated the difficulty in designing a phased development on this site given the location of the proposed lot lines. City staff will not support the proposed lot configurations unless an acceptable phased development plan is submitted. k. Increase the width of the access easement through the flower fields from 20 feet to 50 feet. 1. Indicate the access easement for the pedestrian promenade on Lot 14 of Map 13078. m. The private access to Lot 18 has been drawn as though it is a separate Lot. Please revise. Also justify the proposed width of this connection to Armada Drive. 17. The following revisions need to be made to the Constraints Map: a. Revise the acreage listed in the Summary Table on Sheet 1. b. Delete the Zone 13 boundary from the legend on Sheet 1. Bill Hofman Hofman Planning December 20, 1994 Page 5 c. Plot the location of Coastal Sage Scrub and Chaparral. Both are listed in the legend on sheet 1. d. Revise the Airport Influence Area boundary to match the boundary shown in the revised Comprehensive Land Use Plan for Palomar Airport. 18. The following revisions need to be made to the Hillside Development Permit Cut and Fill Map: a. Indicate the area and quantity of grading proposed for Lot 1 along Palomar Airport Road. b. Revise the graded area acreage total. When the areas listed on the exhibit are added they total 340.3 acres not 331 acres. c. The cubic yards of cut and fill also do not total the number provided on sheet 1 for each. The grading numbers must be consistent between all exhibits. d. Revise sections A-A and E-E to show the grading proposed for Lot 1 (Flower Fields). 19. The following revisions need to be made to the Phased Grading Exhibit: a. The quantities listed are different from the cut and fill map and the Master Tentative Map. All the exhibits should utilize the same quantities. b. The proposed grading phases are different than the proposed recordation phases for the map. They should be the same. Please revise. c. Under each phase list the lots to be graded and revise each exhibit as needed to make it clear which areas are proposed to be graded in each phase. 20. The issue of the export resulting from the grading for the Cannon Road right-of-way must be settled. The Cannon Road project is based on obtaining this material for use in other segments of the project. 21. Issues of concern and requested revisions to the Draft Carlsbad Ranch Specific Plan SP 207(A) are contained in the enclosed copy of the plan. Please return the second draft of the plan containing city staff comments to assist us in our review of the project. 22. Revisions to the Draft Local Facilities Management Plan Amendment for Zone 13 will be coordinated by Don Rideout the Growth Management staff representative. The LFMP will be analyzed in the EIR. Therefore, any issues with that plan must also be resolved by the time work is to begin on the EIR. Bill Hofman Hoftnan Planning December 20, 1994 PageJ? 23. Sufficient copies of the revised project documents and plans need to be submitted so that the project review required by other agencies can take place. The project documents and plans need to be sent to the following: a. State Agencies such as the Coastal Commission, Office of Permit Assistance, CALTRANS, and others. b. SANDAG, the Palomar Airport Manager, and the Airport Advisory Committee. c. Adjacent Cities and the County pursuant to an existing Memorandum of Understanding For Notification of Land Use and Development Actions. d. Several of the previously listed agencies must also receive copies of the project proposal for review pursuant to the Regional Congestion Management Plan. A minimum of 12 copies of all project documents and plans will be needed to allow for the required review by other agencies. City staff will distribute all necessary materials to the above agencies upon their submittal. Copies of the plan also need to be submitted for review by other local agencies and city departments as part of the normal review process. Engineering: I. SPECIFIC PLAN 24. In the Specific Plan, under the Storm Water Management Concept, I have added a request that NPDES facilities and permanent desiltation pollutant basin be placed at the base of the flower fields. 25. In the Circulation Plan exhibit, Paseo Del Norte is shown as being re-aligned. There are several exhibits that are not consistent with this. Both in the Specific Plan and Zone Plan, I have commented that one or the other of the alignments should be chosen and be consistent through all documents. Also shown on the Circulation Plan is the pedestrian path through the flower fields from the promenade to the retail center. This is shown in two different manners on different exhibits. One shown at an angle across the fields and the other perpendicular across the fields. 26. The Specific Plan calls for parking pockets on both the east side and west side, the striping plan only shows parking pockets on the west side. Please be consistent. 27. Hidden Valley Road from the Lego service entrance to the north end, is shown as a 36' curb-to-curb standard cul-de-sac width. We are recommending that the width be widened to 40' in anticipation of on-street parking in that area for the golf course, as well as for any City park users or employees of the resort or Lego. Bill Hofman Hofman Planning December 20, 1994 Page 7 28. The Specific Plan calls for directional signage to be placed in the round-about. Any signage in the round-about would have to be approved by the city. 29. The Specific Plan calls for street lighting on Cannon Road, as well as Palomar Airport Road and Armada Drive to be anywhere from 18' to 22' in height. The City's standard for street lights is 30*. Previously in the Specific Plan, we had approved custom lighting on Armada Drive to be maintained by the property owners. However, we will not recommend shortened street lights on Cannon Road or Palomar Airport Road. 30. There are inconsistencies with access points shown in the Specific Plan and the striping plan for the tentative map. Specifically, at the hotel/retail site where the primary access was supposed to be across from Street "D" as shown on the Specific Plan. The striping plan shows a primary access point further to the northeast that would offset the intersections. 31. The pedestrian access from the Hotel/Retail site to LEGO needs to be planned in a manner that does not encourage "mid-block crossing". We suggest the use of fencing and landscaping to direct pedestrians to a safe crossing point. 32. . The Specific Plan under "Parking" makes a statement that additional parking spaces for Lego are not anticipated to occur. That is in direct conflict with the Kaku report that states that at buildout the expansion of the parking lot will be needed. 33. David Hauser has included a section to the "Circulation" and "Parking" portion of the specialty/retail area that discusses reciprocal access and parking easements between Phase I and Phase II. This was done so that there would not be future problems with construction and access between the two phases. Note: The Planning Department will not support a phased development unless a site plan showing a feasible design for each phase is submitted. 34. Some of the exhibits still refer to trail crossings underneath Cannon Road which were proposed to be used as golf cart crossings to the SDG&E property. Since the SDG&E property issue is not resolved/or has been removed, so too should the crossing. 35. Between the resort and Lego, leading from the resort's clubhouse to the City's trail and possible golf course, the proposal is to have a 16'-wide paved area that would be used for combination pedestrians, bicycles, and cart paths. Please physically separate those uses. 36. The Specific Plan has the same problems with the "Circulation" section as the LFMP as far as assuming certain improvements are constructed by others or to already exist, and also referring to interim improvements instead of specific years. The same comments were made in the Specific Plan as were made in the LFMP about the assumed improvements needing to be specifically called out and to either put specific years in or tie them to planning areas. Bill Hofman Hofman Planning December 20, 1994 Page 8 37. As in the LFMP, there are inconsistencies between exhibits, specifically in quantities of grading and phase grading as well as the storm drain facilities. A comment was made to coordinate all of the exhibits and tables to make sure that the Specific Plan, Zone Plan, and Tentative Map were all working from the same data. II. TENTATIVE MAP 38. The tentative map shows no realignment of Paseo Del Norte. Please coordinate the alignment of Paseo Del Norte between all documents. 39. There is a discrepancy hi the grading quantities on the tentative map versus what is shown in the Specific Plan. It is unclear if grading quantities for Cannon Road are included. 40. The tentative map is showing an undercrossing of Cannon Road. You need to determine whether that should be shown or not. 41. I have also commented on the NPDES facilities at the base of the flower fields, as well as asking for all permanent desiltation and de-pollutant basins to have the maximum 5:1 side slope and to be integrated into the landscaping of the area so that they are aesthetically pleasing. 42. There are two areas where the tentative map calls out right-of-way to be acquired. One is a small sliver piece on the GIA parcel that is needed for the right-turn into their entry. The other is for some Cannon Road widening at the east end. Please address how the right-of-way is proposed to be acquired. 43. I have commented on the access points and vertical alignment of Hidden Valley Road as to how they coordinate with the existing College Business Park intersections. I have asked that they realign one access point for the Lego service area with the intersection of Rockefeller Road and also requiring them to relocate a 12% grade and vertical curve so that intersection is not within that 12% grade area. The vertical alignments are only off by 1" on one intersection in the positive direction and 1' in the negative direction at another intersection. I did not feel that significant enough to ask them to redesign that portion of the vertical alignment of Hidden Valley Road. 44. I have asked that proposed access points to all of the parcels be shown on the tentative map. The Specific Plan indicates access points but has some language that those are conceptual and can be moved around. My concern is not only with the access points, but with the number and coordination of those access points. 45. The tentative map does not show nor does the striping plan show accurately how the Price Club entry and its striping will line up with Armada Drive. It is questionable whether the tentative map is showing the necessary additional right-of-way width for a free right-turn lane from Palomar Airport Road to Armada Drive, as well as a free right-turn Bill Hofman Hofman Planning December 20, 1994 Page 9 lane from Palomar Airport Road to Paseo Del Norte. Both of these items have been called out on the tentative map. 46. On the striping plan, O'Day is showing at the intersection of Lego and Cannon, dual right-turn lanes from Lego onto Cannon. The Kaku report calls for a single right-turn lane at buildout. I have called that out on the striping plan. 47. David Hauser has made some graphical comments on the design of the round-about. I questioned Pat O'Day whether that design matched Mr. Doctor's design. He said that it was the design that Mr. Doctor gave him on the computer disk. I have asked for a blueline of that design that Mr. Doctor supplied to O'Day. 48. The striping plan is not always clear as to when raised medians are going to be used and when painted medians are going to be used. The specific place that I have a concern is at one of the GIA driveways which call for a right-in/right-out, however, my guess is that it is a painted median, therefore, trying to enforce or prohibit left-turns really wouldn't work. A raised median needs to be placed there. 49. The striping plan shows parking pockets on Armada on the west side only. Those parking pockets basically contain two parking spaces and then a landscape island. My comment on the plans were to combine every other landscape island which would increase the size of the landscape island, increase the number of parking spaces between islands to four spaces, thereby reducing the number of conflict points. (This needs to be discussed with the applicant and the Planning Department before any changes are made.) II. L.F.M.P 50. In the LFMP for Zone 13, on Page 6 of the exhibits, the reference to wastewater treatment facilities only calls for meeting the performance standards until the Year 2000. If there is a plan for the expansion of the waste treatment facility, that should also be called out in the plan. 51. On Page 7 of the Zone Plan, there are general conditions that may well be affected by a development agreement. Since at this time we do not know what the development agreement will be, we don't know how to change the conditions in the Zone Plan to conform with that agreement. 52. The "Circulation" section of the Zone Plan used the Kaku report as a base. Unfortunately, the Kaku report used assumptions that included improvements being constructed by others or already existing when they do not exist. I have commented that all of the circulation improvements should be itemized in the Zone Plan and fully addressed. In the timing of the Circulation improvements, the Zone Plan simply refers to interim year improvements. All other zone plans have referred to 1995/2000/2010. We can either do that reference Bill Hofman Hofman Planning December 20, 1994 Page 10 with this zone plan, or perhaps tie the improvements to specific planning areas within Zone 13. 53. The "Sewer" section of the Zone Plan brushes over the South Agua Hedionda and Vista Carlsbad lines that are affected by or pass through Zone 13. I have commented that the Zone Plan needs to address SAH 3 and 4 and VC 13, 14, and 15. General comments were made about construction tuning and financing of those facilities. I am expecting specific comments from Bill Plummer on these items. 54. In the "Storm Water Financing" section of the zone plan, David Hauser has replaced the cost estimates with specific figures. 55. In many of the tables and graphs in the Zone Plan, there are typos or minor errors. I have attempted to correct every error that I can find in those. 56. The text description of the circulation improvements in the Zone Plan also do not address the assumed improvements that Kaku's report figured were existing or to be constructed by others. Those include the widening of the I-5/Cannon ramps, the north side Cannon Road widening from 1-5 to Car Country Drive, a right-turn lane at Paseo and Palomar Airport Road, and Palomar Airport Road and Armada as examples. 57. On the chart showing sewer demand by year and water demand by year, there are several areas that do not coordinate. An example would be the Year 1999 calls for a large increase in sewer demand. However, when you look at the water demand exhibit, no similar increase in water demand is shown. My comment to them has been to review, correct, and coordinate these charts. 58. In many of the charts and figures, there are references to parcel numbers, lots and planning areas. This all causes confusion as to what piece of property is being referred to. I have made a general comment in the Zone Plan to ask for some clear identification and consistency throughout all the documents on these parcels. 59. In the text for "Sewer", I have made a specific point about the Vista Carlsbad Section 13, 14, and 15 line that there is a possibility that those lines could reach capacity before Zone 13 is built-out. Therefore, some discussion on construction of upgrades needs to take place in the Zone Plan. The only mention in the Zone Plan for Zone 13 taking care of the Vista Carlsbad line is a reference that connection fees will be paid. I have called for more text and expect comments from Bill Plummer. 60. There are still several sections from the Zone Plan that are missing and, therefore, cannot be reviewed. Don Rideout has informed me that this is a normal procedure as Zone Plans are prepared and, in some cases, those sections are not needed. Therefore, it is not known whether we will be getting those in and needing to do further review. Bill Hofman Hofman Planning December 20, 1994 Page 11 61. In the "Financing" section of the Zone Plan, again, we have the same problem with the cost estimates for storm drains as mentioned before. 62. In the "Financing" section under "Traffic Circulation", again the assumption was carried through that certain facilities would be existing or constructed by others and, again, I have asked that all of the facilities be addressed in the financing plan that will be needed. 63. Under the "Circulation" ;section of financing there is a paragraph under "Reimbursement" that indicates that improvements "will" be reimbursed and the City "shall" require reimbursement from other developers. That paragraph is on page 149. I have indicated a change in the wording to "improvements may receive reimbursement and the City may require that reimbursement." EW AND COMMENT DATE: TO: * ** FROM: )ct9<5~~REVISED PLAN__ ENGINEERING DEPARTMENT GROWTH MANAGEMENT (MEMO ONLY) POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY COMMUNITY SERVICES - MARK STEYAERT COMMUNITY SERVICES - VIRGINIA McCOY _ WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK _ SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street, Oceanside, CA 92054-3119 - THOMAS LIGHTERMAN SAN DIEGO GAS & ELECTRIC - P. O. Box 1831, San Diego, Ca 92112-4150 - BICH TRAN (MEMO ONLY) Always Send Exhibits Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. //^X) ?V- 0~7//) A PROJECT TITLE: APPLICANT: PROPOSAL:-fe> -fo Q 4 O+J-er iar\s<*n &cj- CorrtrA&t Ca'nceJ* f^lc^jc,. AJoir\- , . . , , ,. .Please review and submit wntten comments and/or conditions to the Planning Department by MAACsH /y./ffi5T If not received by that date, it will be assumed that you have no comment and the proposal has your endorsement as submitted. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 3/94 LOCATION MAP CARLSBAD RANCH SPECIFIC PLAN AMENDMENT EIR 94-01/GPA 94-03/LCPA 94-03/ZC 94-02/ SP 207(A)/SP 144(G)/LFMP 87-13(B)/ AP 76-01 (D)/CT 94-09/PUD 94-07/ HDP 94-07/DEVELOPMENT AGREEMENT 94-01 N C T D August 10, 1994 Mr. Don Neu Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Gemological Institute of America Project Dear Mr. Neu: We have reviewed the above mentioned project with regard to transit service. NCTD provides Route 321 service on Paseo Del Norte between Poinsettia and Plaza Camino Real. This route operates on weekdays between the hours of 6:45 AM and 6:45 PM and on Saturdays between 9:45 AM and 6:15 PM. A route map and schedule are enclosed. Northbound and southbound stops are located at the corner of Paseo Del Norte and Cannon Road, within walking distance of the project site. NCTD requests that a sidewalk extend along Cannon Road creating pedestrian access to and from the project site and Paseo Del Norte. If you have any questions regarding transit service to the project site, please do not hesitate to call. Beth Lrfennan Assistant Transportation Planner NORTH COUNTY TRANSIT DISTRICT 31 I South Fremont Street, Oceans ide, CA 92054 61 9-967-2828 tn ^ ro-* o tntn tn tn en -ft- cjro — * oa* o> o tn Jfc. wtj ro — .CD CO CD (Ji Jk CJj*. GJ r\i •— (\) — ' Oik U3 M — «• 'tn tn tn tnT3 Ql -* ro — otn *• cj PO • T3 EU ro fvs -* oO tn *. c*i • -o u M — — O-* o tn .&. • T3 0) tn .&> CJloj — . ro O tou^*k.cjfu—.otn.&. -a Q) — -» m A. GJJPO — • o tn enCTioiocna>dCT)O 1cTi&ut-o— * rvj — >• <o •a a> cnmcjro — ro — o— » O tnl-Ck CO fO —•• Otn tn tnlin tn tn tn toT3 Q) GRAND & £^ WASHINGTON ( J PUZA C)CAM1NO REAl ^-^ PIOPICO & TAMARACK PASEO DEL NORTE &PALOMAR AIRPORT RO. {OUTBOUND) POINSETTIA VILLAGE CENTER SPINAKER HILL PASEO DEL NORTE & PALOMAR AIRPORT RD. (INBOUND) GRAND & WASHINGTON £ £265 tn tn tn 1 HI en en en en en en(\j tn — * 01 tn tn Oi S 5» en en enu o roOS CJ CJ tn en en iggfi ™* -o •o feSgSK * -a §22±i"* TJ *. *. ro — iv— Sc^ fe er "° •o en *. c» K> ^o M -* o tnS tn tn tn tn h. S NJ — 'en tn en tnso D (O CD ~^ 31 o> o> er> S tn *• a> •CD CD CDa> — O CD -Js:5£S '•^ ^ •* £• \3 — . S tn *. OJ •^ • O <O *"J O»\i -1 S tn tn 0) O) -* O tO CD -J*> CJ f\3 -» Otn tn tn tn to0) GRAND 4 £17 WASHINGTON /J , PLAZA (~) CAMINOREAL VX PJOPICO & TAMARACK PASEO DEL NORTE & PALOMAR AIRPORT RD. (OUTBOUND) POINSETTIA VILLAGE CENTER SPINAKER HILL PASEO DEL NORTE & PALOMAR AIRPORT RD. (INBOUND) GRAND & WASHINGTON 1 1S o>5 NORTH COUNTY TRANSIT DISTRICT NORTH SAN D I E G O C 0 U N T { r P A N SIf DEVELOPMENT 8 0 A R D October 13, 1992 Don Neu ? City of Carlsbad Planning Department 2075 Las Palmas Carlsbad, CA 92009 Dear Mr. Neu, RE: CT 92-7 / HDP 92-11 CARLSBAD RANCH We have reviewed the above mentioned development plan with regard to transit service and have the following comments: 1. Currently, Route 321 operates in the vicinity of Parcel 10 on Paseo Del Norte Monday through Saturday. Route 321 offers hourly service between Carlsbad Village, Plaza Camino Real, and Lake Shore Gardens on weekdays from 6:50 AM to 6:18 PM; and on Saturdays from 9:50 AM to 5:13 PM. Alternating 20/45 minute service is available on weekdays during the afternoon commuting hours. 2. There appears to be a lack of pedestrian access from the curbside at Paseo Del Norte through Parcel 10 to the pedestrian connection to the village center. The location of the pedestrian access would have an impact on the location of the Route 321 bus stop to serve Parcel 10. 3. At this time, there are no plans to provide direct service to Parcels 1-9 and 11-13 within the next five years. The landscape areas and parking pockets on Road 'A' would appear to provide sufficient room for any future bus stops that may be implemented. NCTD does not require any transit dedications at Parcels 1-9 and 11- 13. If you have any further questions, please feel free to contact me at 967-2859. Sincerely, Mark Wasdahl Assistant Planner 311 South Tremont Street • Oceanside, California 92054 » Phone (519) 967-2828 OJ CO CO * w 1010 K> (0Ut Ul Ul * W M Ul Ul Ul t2K * UI W Ul Ul Ulo o o » w toUl Ul UlW Ul U) Ul Ul Ul m * ui H> M t-WWW -* W 1- O ^ H* h-> M 1 » CO CO CO •G 9 M M l~i- Kl h- O>O IO ISJ SJ | Ul Ut Ul Ulng (y M I-* H> - WH» O n ut ui ui -« w M o •O * f* h* !-•M fO »-* OUl Ul Ul Ul O O O O•o M M M O Jl Ul Ul Ul •o M M M h* N> M On ui m ui "O i-> M -• »-• M M GRAND & I WASHINGTON ^N PLAZA f*\ CAMtNO REAL V-X ^™r' TAMARACK & 1-5 PASEO DEL NORTE i PALOMAR AIRPORT RD. (OUTBOUND) LAKESHORE GARDENS DAISY* WISTERIA PASEO DEL NORTE & PALOMAR AIRPORT RD. (INBOUND) GRAND & WASHINGTON g wu»**w «t CB O U Ul CD 3^ CO O W Ul CO ^ Ul Ul » A Ul U) M ^ CA VO OA Ul Ul A. Ul O ^ O ^ UlUl -J O fO Ul t— Ul O ^ O M W 0> CD M •M UT M Ul OCh 03 M Ul ^ I O M O )-• | M Ul 1— K) 03 M Ul C^ MNHW^ O W tO CO 09•o M M Ul tO M NJ M SJ U) fj W fOO Ul 05 -J *J •D »-« A \O 09 09 "0 U> fJ M K) H>*j Ln *.*•*.-J O Ul *» *•o U> (O M N) !-• ** Ul Ul Ul Ul W Ov M O O Ul W M W (-• •A O Ut UI UlCO i-1 O> * *» MU> U> (0 M NJ Ul O O O O •o 0 M A Ul Ul 3 >O CO -J 09 00 CD 03at 3 *O 09 *J -4 -J -J -JCu D «) CO -J 03 09 CO 09at D v£> CD --Jh, A. *. A. i 0) ^ O »D 00 "J CftUl Ul Ul Ul Ul 0 O 0 0 0 0 W> CO -vl A Ul Ul Ul Ul Ul u M MI-1 O *fl OS -Jo o o o o Q> !-• M -• H H1 M »-* Ul W Ul Ul W *O Ql GRAND & r~ WASHINGTON S~\ PLAZA /^\ CAMINO REAL \_X ^^TAMARACK & 1-5 PASEO DEL NORTE & PAIOMAR AJRPORT RD. (OUTBOUND) LAKESHORE GARDENS DAISY & WISTERIA PASEO DEL NORTH & PALOMAR AIRPORT RD. (INBOUND) GRAND & WASHINGTON | ^j 5 •< EW AND COMMENT MEMO DATE: TO: * * * ** FROM: REVISED PLAN7 ENGINEERING DEPARTMENT GROWTH MANAGEMENT (MEMO ONLY) POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY COMMUNITY SERVICES - MARK STEYAERT COMMUNITY SERVICES - VIRGINIA McCOY _ _ WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK _ SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street, - Oceanside, CA 92054-3119 - THOMAS LIGHTERMAN SAN DIEGO GAS & ELECTRIC - P. O. Box 1831, San Diego, Ca 92112-4150 - BICH TRAN (MEMO ONLY) Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. H-AP NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. PROJECT TITLE: APPLICANT: PROPOSAL: ~/o reduce -fo ~(nr ~in "Me -A? ^ Ser\Ji I^Q Covvi «T ercct 1 use s i>ic< PROJECT PLANNER: /)on / /Q? Please review and submit written comments and/or conditions to the Planning Department by <0ecem b er "7 \\c\^\Lf . If not received by that date, it will be assumed that you have no comment and the proposal has your endorsement as submitted. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 3/94 Carlsbad Municipal Water District 5950 El Camino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 September 1, 1994 Administration: (619) 438-2722 Q_y Fax:(619)431-1601 Don Neu,City of Carlsbad Planning Department ° 2075 Las Palmas Drive Co/V^s o^ LTT& Carlsbad, California 92009 &.-H, 'Aw. SUBJECT: MASTER TENTATIVE MAP FOR CARLSBAD RANCH, C.T. 94-09, CMWD 92-503, 94-504 UNIT m AND 94-201 LEGO FAMILY Dear Don: The District is responding to your "Review and Comment Memo" dated August 12, 1994, requesting comments and or/conditions for the subject project. As you are aware, the proposed tentative map does not agree with the District's approved Unit I improvement plans and does not agree with the Unit III improvement plans which are presently under District plan check. It is our understanding that the Unit I and Unit III improvement plans will be modified to agree with the Master Tentative Map. Also the College Business Park, C.T. No. 85-17 improvement plans are approved and again the plans will require modifications to agree with tentative map. Attached for your use are colored prints of the Carlsbad Ranch, C.T. 94-09, showing the location of the water, sewer and reclaimed water pipelines. Regarding sewer conditions in, along and parallel to Cannon Road from the railroad right-of-way easterly, the City/District has existing improvement plans and a 25' wide easement for the future trunk line and force main. This sewer system should seriously be considered for installation prior to Lego opening their doors. Lastly, if College Business Park does not become a reality, then the existing 16" waterline along the northerly boundary must be replaced with a new 16" waterline from College Blvd. to Hidden Valley Road. Sincerely, F. Terry «Whitley Associate Engineer FJW:jm "Serving Carlsbad for over 35 years" City of Carlsbad Planning Department August 29, 1994 Bill Hofman Hofman Planning Associates 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 SUBJECT: GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/EIR 94-01/AP 76- 01(D)/CT 94-09/PUD 94-07/HDP 94-07 - CARLSBAD RANCH SPECIFIC PLAN AMENDMENT/LEGO Dear Bill: Review of the five specific plan sections and 100 scale Tentative Map exhibits submitted on August 12, 1994 to make the applications complete has been concluded by staff of the Planning and Engineering Departments. Attached is a revised list of issues for the project based on a review of the materials submitted on August 12, 1994. Issues on the original list which were resolved through the submittal of this information were removed from the list. All issues should be resolved prior to work commencing on the project's Environmental Impact Report. It may be possible to prepare the Initial Study and begin drafting the Request For Proposals (RFP) prior to 100 percent of the issues being resolved. The majority of the issues need to be resolved to avoid preparing an Initial Study and RFP that would require significant revision. In no case will work commence on the preparation of an EIR until all major issues are satisfactorily dealt with. To do otherwise would jeopardize the quality, time for completion of the document, and impact the cost of preparation of the EIR. Please contact me at (619) 438-1161 extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Senior Planner DN:vd c: Marty Orenyak Chris Calkins, Carltas Company Michael Holzmiller Gary Hill, GIA Lloyd Hubbs Paul Ecke, Sr. Trust Gary Wayne Dave Hauser Bob Wojcik Jim Davis Don Rideout 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619) 438-1161 ISSUES OF CONCERN GPA 94-Q3/LCPA 94-03/ZC 94-Q2/SP 207(A)/SP 144(G)/LFMP 87-13fBVEIR 94-01/AP 76-01 (DVCT 94- 09/PUD 94-07/HDP 94-07 - CARLSBAD RANCH SPECIFIC PLAN AMENDMENT/LEGO PLANNING: 1. Compliance with the requirements of the Mello II and Agua Hedionda Lagoon Local Coastal Plans and the Coastal Act must be achieved. Coordination with the Coastal Commission staff is needed particularly as it concerns the following: a. Conversion of agricultural land. b. Provision of lagoon trails and access. c. Boat launching facilities including parking. d. Preservation of slopes containing coastal sage, chaparral or other sensitive species located within the planning area. e. Increase of Travel Services Commercial property in the Agua Hedionda Lagoon LCP with a corresponding reduction in open space property. The meeting with Coastal Commission staff is presently scheduled for August 30, 1994. 2. Presentation of the project to the Agua Hedionda Lagoon Foundation is recommended to determine if there are additional issues which can be resolved through project revisions. This meeting has been scheduled for September 22, 1994. 3. The Environmental Impact Report (EIR) required for the project will need to include adequate baseline studies for the areas being proposed for inclusion in the new specific plan boundaries. Studies on archaeology, paleontology, biology, noise, etc. are needed. These items will be addressed in the EIR consultants scope of work. ' 4. The project will require review by SANDAG and the Palomar Airport Manager to obtain comments relative to it's compliance with the Comprehensive Land Use Plan for Palomar Airport. It is anticipated that the project will be brought before the Palomar Airport Advisory Committee staffed by the County Airports Division prior to the Airport Manager providing a response. As soon as the revised Specific Plan and Tentative Map are submitted copies will be sent to SANDAG and the Palomar Airport Manager for review. 5. Blueprints of the Constraints Map for the project are required to be submitted at 100 scale on 24"x 36" sheets to match the Tentative Map exhibits. This is an application completeness requirement. The exhibits are needed for the EIR analysis, Planning Commission, and City Council hearings. 6. The area of the golf course proposed on the Hub Park lease site will require City Council approval as to whether the Council will support allowing the lease area to be utilized for the golf course. The issue of the lease may be able to be considered by the City Council prior to the project applications going to Planning Commission Hearing. 7. Before requests for proposals can be sent out to environmental consultants for preparation of an Environmental Impact Report (EIR) a letter of authorization agreeing to assume all costs for the preparation of the EIR must be submitted by the project applicant. 8. Several issues exist with the proposed Land Conservation Contract Cancellation and are as follows: a. The agricultural preserve boundaries must also be amended. It appears that this will create areas Which are not contiguous but are proposed to remain under contract. It has not yet been determined if this is permitted by the Williamson Act. The application letter should be revised to include the amendment to the agricultural preserve boundaries. b. The request should also be revised to include a cancellation request for the Specialty Retail area which is presently under contract. Commercial land use designations are proposed for this area and therefore it can not be left under contract. c. A copy of the Land Conservation Contract and agricultural preserve boundary map for assessor parcel number 212-041-05 must be submitted to verify that the contract on that property has expired and that the parcel is no longer contained within an agricultural preserve. d. The appropriate timing must be determined for requesting that the County Assessor certify to the City Council the cancellation valuation of the land under contract. e. The minimum parcel size in the agricultural preserve is 10 acres. Parcels 2 and 3 on the Tentative Map are less than 10 acres in size. This is related to item "b" above. 9. The 500 scale proposed General Plan and Zoning designation exhibits submitted should be revised. The UA (Unplanned Area) designation on the GIA expansion area should be changed to 0/PI (Office/Planned Industrial) on the General Plan exhibit. On the Zoning Exhibit the LC (Limited Control) designation on the GIA expansion area should be changed to O-Q/P-M-Q (Office/Planned Industrial, Qualified Development Overlay Zone). 10. The acreage of the SDG&E Travel Service Commercial property is proposed to increase resulting in a corresponding decrease in open space designated acreage. An analysis as to the faculties impacts of this change should be covered in the Local Facilities Management Plan. In addition, the findings of the General Plan Open Space and Conservation Element must be made since the open space boundaries are proposed to be adjusted. Of particular concern is the finding concerning the proposed open space area being of equal or greater area. Justification for the proposed findings must be provided. 11. Assessor parcel number 211-010-05 must be included in the zoning application and should be incorporated into the project. A signature on the application form and a disclosure statement are required if it is to be included. If the parcel is not rezoned to open space it will result in an island of public utility zoned property as it will be surrounded on all sides by property designated open space. It would also retain the inconsistency between the General Plan and zoning designation for the property. Staff will not be able to support the zone change request without the inclusion of this property. 12. Issues of concern and requested revisions to the Draft Carlsbad Ranch Specific Plan SP 207(A) are contained in the copy of the plan which was enclosed with the August 4, 1994 incomplete application letter. A copy of the sections submitted on August 12, 1994 containing requested revisions is enclosed. Please return the first draft of the plan containing city staff comments and the enclosed sections with the revised text to assist us in our review of the project. The following additional issues must also be addressed: a. Cross sections need to be provided in the Specific Plan demonstrating how the LEGO parking area will be screened from view points on the southern section of Armada Drive. b. The specific plan should specify the land conservation contract requirements on lot 8. 13. The revised exhibit provided for the SDG&E Specific Plan Amendment (SP 144 (G)) should be modified as follows: a. The exhibit shows the property north of the outer lagoon as proposed for removal from the SDG&E Specific Plan. Staff will not support the removal of Assessor Parcel Number 206- 070-10 from the SDG&E Specific Plan as part of this application. The property is zoned public utility and should be addressed as part of development applications related to the power plant. Please revise the exhibit boundaries and show Assessor Parcel Number 206- 070-10 as being under the heading, "Parcels Inside the Boundaries of SP 144(G)." 14. A lane striping plan should be provided for the Tentative Map. 15. The issue of the export resulting from grading for the Cannon Road right-of-way must be clarified as the Cannon Road project is based on obtaining this material for use in other segments of the project. 16. The property north of Cannon Road will be required to file a Community Facilities District (CFD) Annexation Application prior to the project being scheduled for a Planning Commission Hearing. You will be notified as to when the application is needed due to requirements that ownership information submitted as part of the application not be more than 45 days old. 17. The Market Feasibility Study received on August 3,1994 is still under review. You will be notified if any revisions need to be made to the study. Subsequent preparation of a Fiscal Impact Analysis will follow. 18. Revisions to the Draft Local Facilities Management Plan Amendment for Zone 13 will be coordinated by Don Rideout the Growth Management staff representative. The LFMP will be analyzed in the EIR. Therefore any issues with that plan must also be resolved by the time work is to commence on the EIR. 19. The following revisions need to be made to the Tentative Map: a. The minimum parcel size in the agricultural preserve is 10 acres. This affects parcels 2 and 3 as well as their status in regard to the Land Conservation Contract, the Preserve and the proposed land use designations. b. Provide an irrevocable offer of dedication for all trails included in the Open Space and Conservation Resource Management Plan. All remaining trails in the Carlsbad Ranch Specific Plan should be contained within an easement on the Tentative Map. Refer to the tentative map checkprint. Provide sections for the trails including those which are proposed to be utilized jointly for golf carts and plot their width on the plans. c. Provide height and width dimensions on the section for the proposed street under-crossing. d. On sheet 1 indicate if the proposed phasing is for grading and final map recordation. Also revise the figure to indicate that no grading is proposed on Lot 12. e. Add to the legend a symbol indicating areas where access rights are to be relinquished and plot their locations. This applies to Cannon Road, Palomar Airport Road and the R&D lots adjacent to the LEGO Driveway. Also access rights shall be relinquished to Lot 8 from Lego Drive and an access easement provided through Lot 7. f. The limits of grading symbol should be added in several locations and adjusted in others as shown on the enclosed checkprint of the tentative map. Forty percent and greater slopes along the lagoon appear to be impacted by the proposed grading. g. The land use and zoning table must be revised as indicated on the enclosed checkprint. h. The proposed street sections must be revised as indicated on the enclosed checkprint. i. A reservation should be made on the map for a boat launch and parking area. It must be demonstrated that the golf course will not preclude the ability to site a boat launch and parking area in the future. j. The gas pipeline easement on the property north of Cannon Road should be labeled on sheet 7. k. Revise the map to create one lot where lots 1, 2 and 3 are proposed. This requires the removal of lots 2 and 3 from the agricultural preserve and cancellation of the land conservation contract for those areas. Lot 2 does not have required public street frontage and both lots 2 and 3 are below the minimum 10 acre lot size in the agricultural preserve. The proposed land use designation of commercial also requires that the property be removed from the agricultural preserve and contract. Previous concept plans demonstrated the difficulty in designing a development on this site in phases given the location of the proposed phase lines. 1. Revise the map to create two lots for the GIA site. Lots 6 and 7 should be combined into one lot. Lot 8 can be retained as a separate lot given the proposal to not cancel the Land Conservation Contract on that area at this time. Current plans for the development of the GIA site require the parcels to be combined as buildings and parking will cross the existing interior lot line. m. Revise the lot line for lot 23 as shown on the first checkprint. The southern most area of this lot should be added to lot 13 so that it can be landscaped to screen views of the LEGO parking area. In addition, the application of the required setbacks to this parcel make this area unbuildable. n. Provide legible road spot elevations along existing Cannon Road. o. Revise the property Line location to show Lego Drive south of the roundabout as being a private access. p. On sheet 4 clarify the proposed grading north of the 30 foot contour line. It appears as though that entire area would be graded to an elevation of 30 feet. The result would be a cut of up to 54 feet. q. Label proposed elevations for the access easement across Lot 4. Refer to the Tentative Map Checkprint. r. The southern lot line for lot 1 does not match the lot line recorded for CT 92-7. Is it intended to be different? Please check. ENGINEERING: 1. We need to review a boat launch facility and it's access for conflicts with golf course design and how it will be affected by the 100-year flood. The concept design of the boat launch facility will be reviewed within the City for further direction on this issue. We need the applicant to submit a golf course design in order to complete the review. 2. The proposed cross-section of Paseo del Norte is an issue due to cross street drainage that will occur with the adjoining crowned sections and due to reversed-super-elevation on a curve as is indicated by the cross-section. Having normal super-elevation on this curve together with the proposal to re- align Paseo del Norte is an issue that needs further discussion within the Engineering Department. 3. Lego Drive should be private south from the round-about. 4. Submit striping plans for Armada Drive, Lego Drive and Palomar Airport Road. 5. A pedestrian crossing of Armada Drive discussed in the Specific Plan is not shown on the map. 6. Show general locations of potential driveways along Armada Drive. 7. We need to know if the access easements and trails shown on Lot 9 have a potential conflict with the golf course design. 8. Show the driveways being proposed for the GIA project on Lots 6 and 7. 9. Show that Lot 8 must take it's access through Lot 7 if the lot is to be developed in a way that needs access. Access from Cannon Road and the frontage of Lot 8 along Lego Drive are to be relinquished on the final map. 10. The topo is too faint on sheet 3. 11. The proposed grading and contours appear incomplete on sheet 4 near the top. The proposed 30 contour stops short of the existing 30 contour indicating a 60 foot vertical cut. This situation probably extends onto sheet 3 but the topo is too faint on sheet three to tell. From the grading shown in this area it appears that the brow ditches will not work; see sheets 3 and 4. 12. The cross-section for Street "D" needs to be shown as a 54 foot wide general utility and access easement with a 40 foot wide roadway and sidewalks on both sides. As was agreed to by Planning, setbacks can be measured from the back of curb. 13. Sidewalks along Palomar Airport Road (north side) are not shown on the map, that is, the cross - sections. 14. Show that the 24 inch drain across Palomar Airport Road that is proposed to drain the central portion of the Lego project has adequate capacity. 15. At several drainage outlets no rip-rap is shown. See sheets 3 through 7. 16. Sheet 13 shows drainage being picked up from a brow ditch then piped to a discharge at right angels into another brow ditch. This is not acceptable. 17. Sidewalks on both sides of Cannon Road are not shown per the above. 18. The NPDES basin near the northeast corner of Armada Drive and Palomar Airport Road appears to be undersized considering the amount of drainage that will come from the Lego Parking lot and Armada Drive. 19. Except for one basin near the future boat launch area, access for maintenance to NPDES basins is not shown. See sheets 3 through 7. 20. Except for ©relocation, the NPDES basins on Lots 9 and 4 do not show a low flow diversion device. All NPDES facilities need to incorporate a low flow diversion device. 21. An additional NPDES basin is needed on the northwest corner of Armada Drive and Palomar Airport Road. 22. An NPDES basin is needed instead of the grass lined swale shown on Lot 9 near the top center of the sheet. Any grass lined swale on the golf course will receive fertilizers and possible chemical controls and need pollution reduction on it's own. 23. All NPDES basins need to have 5:1 slopes in order to avoid fencing. AUGUST 25, 1994 TO: SENIOR PLANNER, DON NEU FROM: ASSOCIATE ENGINEER, Davis VIA PRINCIPAL CIVIL ENGINEER FOR LAND USE CT 94-09, CARLSBAD RANCH/ LEGO CONTINUED ISSUES The project was previously found complete on August 12, 1994. There are remaining issues to be resolved. The following issues were identified only in the current review: 1. We need to review a boat launch facility and it's access for conflicts with golf course design and how it will be affected by the 100-year flood. The concept design ofboat launch facility will be reviewed within the City for further direction on this issue. We need the applicant to submit a golf course design in order to complete the review. 2. The proposed cross-section of Paseo del Norte is aofacceptable due to cross street drainage that will occur with the adjoining crowned sections and due to reversed- super-elevation on a curve as is indicated by the cross-section. Having normal super- elevation on this curve together with the proposal to re-align Paseo del Norte is an issue that needs further discussion within the Engineering Department. 3. Lego Drive most be private south from the round-about. 4. Submit striping plans for Armada Drive, Lego Drive and Palomar Airport Road. 5. A pedestrian crossing of Armada Drive discussed in the Specific Plan is not shown on the map. 6. Show general locations of potential driveways along Armada Drive. 7. We need to know if the access easements and trails shown on Lot 9 have a potential conflict with the golf course design. 8. Show the driveways being proposed for the GIA project on Lots 6 and 7. 9. Show that Lot 8 must take it's access through Lot 7 if the lot is to be developed in a way that needs access. Access from Cannon Road and the frontage of Lot 8 along Lego Drive will be rcquirea to be relinquished on the final map. H:\LIBRARY\ENG\WPDATA\DAVIS\CARLEGO.ISS 10. The topo is too faint on sheet 3. 11. The proposed grading and contours appear incomplete on sheet 4 near the top. The proposed 30 contour stops short of the existing 30 contour indicating a 60 foot vertical cut. This situation probably extends onto sheet 3 but the topo is too faint on sheet three to tell. From the grading shown in this area it appears that the brow ditches will not work; see sheets 3 and 4. 12. The cross-section for Street "D" needs to be shown as a 54 foot wide general utility and access easement with a 40 foot wide roadway and sidewalks on both sides. As was agreed to by Planning, setbacks can be measured from the back of curb. 13. Sidewalks along Palomar Airport Road (north side) are not shown on the map, that is, the cross-sections. 14. Show that the 24 inch drain across Palomar Airport Road that is proposed to drain the central portion of the Lego project has adequate capacity. 15. At several drainage outlets no rip-rap is shown. See sheets 3 through 7. 16. Sheet 13 shows drainage being picked up from a brow ditch then piped to a discharge at right angles into another brow ditch. This is not acceptable. 17. Sidewalks on both sides of Cannon Road are not shown per the above. 18. The NPDES basin near the northeast corner of Armada Drive and Palomar Airport Road appears to be undersized considering the amount of drainage that will come from the Lego parking lot and Armada Drive. 19. Except for one basin near the future boat launch area, access for maintenance to NPDES basins is not shown. See sheets 3 through 7. 20. Except for one location, the NPDES basins on Lots 9 and 4 do not show a low flow diversion device. All NPDES facilities need to incorporate a low flow diversion devicef whea-agriculture or golf courso nctivitic3 pro-planned. 21. An additional NPDES basin is needed on the northwest corner of Armada Drive and Palomar Airport Road. 22. An NPDES basin is needed instead of the grass lined swale shown on Lot 9 near the top center of the sheet. Any grass lined swale on the golf course will receive fertilizers and possible chemical controls and need pollution reduction on it's own. H:\LffiRARY\ENG\WPDATA\DAVIS\CARLEGO.ISS 23. All NPDES basins need to have 5:1 slopes on order to avoid fencing. H:\LroRARY\ENG\WPDATA\DAVIS\CARLEGO.ISS City of Carlsbad Planning Department August 15, 1994 Bill Hofman Hofman Planning Associates 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 SUBJECT: GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/EIR 94- 01/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07 - CARLSBAD RANCH SPECIFIC PLAN AMENDMENT/LEGO Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your General Plan Amendment/Local Coastal Program Amendment/Zone Change/Specific Plan Amendments/Local Facilities Management Plan Amendment/Environmental Impact Report/Land Conservation Contract Cancellation/Tentative Tract Map/Planned Unit Development/Hillside Development Permit, application no. GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/EIR 94-01/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07, as to its completeness for processing. The items requested from you earlier to make your applications complete have been received and reviewed by the Planning Department. It has been determined that the applications are now complete for processing. Although the initial processing of your applications may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the applications are now considered complete, there may be issues that could be discovered during project review and/or environmental review in addition to those previously identified in the August 4, 1994 incomplete application/issues letter. All issues should be resolved prior to work commencing on the project's Environmental Impact Report. In addition, the City may request in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Don Neu, at (619) 438-1161 extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:DN:vd c: Marty Orenyak Lloyd Hubbs Gary Wayne Bobbie Hoder Dave Hauser 2O75 Las Palmas Drive • Bob Wojcik File Copy Jim Davis Chris Calkins, Carltas Company Don Rideout Gary Hill, GIA Data Entry Paul Ecke, Sr. Trust Marjorie/Rich Carlsbad, California 92OO9-1 576 - (619)438-1 161 AND COMMENT MEMOJ DATE: TO: * * * * FROM: ENGINEERING DEPARTMENT GROWTH MANAGEMENT (MEMO ONLY) POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY COMMUNITY SERVICES - MARK STEYAERT COMMUNITY SERVICES - VIRGINIA McCOY DISTRICT /4TW.' REVISED PLAN &>6 LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK _ SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street, Oceanside, CA 92054-3119 - THOMAS LIGHTERMAN SAN DIEGO GAS & ELECTRIC - P. O. Box 1831, San Diego, Ca 92112-4150 - BICH TRAN (MEMO ONLY) Always Send Exhibits Planning Department •SPS.o-7C<^) , REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. CT"9^-O?j NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. PROJECT TITLE: APPLICANT: PROPOSAL: A PROJECT PLANNER: Please review and submit written comments and/or conditions to the Planning Department by S£/Q7£H6g'/l 2. l°I°y . If not received by that date, it will be assumed that you have no comment and the proposal has your endorsement as submitted. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 3/94 City of Carlsbad Planning Department August 4, 1994 Bill Hofman Hofman Planning Associates 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 SUBJECT: GPA94-03/LCPA94-03/ZC94-02/SP207(A)/SP 144(G)/LFMP87-13(B)/EIR94-01/AP 76- 01(D)/CT 94-09/PUD 94-07/HDP 94-07 - CARLSBAD RANCH SPECIFIC PLAN AMENDMENT/LEGO Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your General Plan Amendment/Local Coastal Program Amendment/Zone Change/Specific Plan Amendments/Local Facilities Management Plan Amendment/Environmental Impact Report/Land Conservation Contract Cancellation/Tentative Tract Map/Planned Unit Development/Hillside Development Permit, application no. GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/EIR 94- 01/AP 76-01 (D)/CT 94-09/PUD 94-07/HDP 94-07, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, July 5, 1994, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Don Neu, at (619) 438-1161 extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILL Planning Director MJH:DN:vd c: Marty Orenyak Lloyd Hubbs Gary Wayne Bobbie Hoder Dave Hauser Bob Wojcik Jim Davis Don Rideout Data Entry Marjorie/Rich File Copy Chris Calkins, Carltas Company Gary Hill, Gemological Institute of America 2O75 Las Palmas Drive Carlsbad, California 92OO9-1576 (619) 438-1161 LIST OF ITEMS NEEDED TO COMPLETE APPLICATION: No. GPA 94-03/LCPA 94-03/ZC 94-02/SP 2Q7CAVSP 144CGVLFMP 87-13(BVEIR 94-01/AP 76-01 (DVCT 94-09/PUD 94-07/HDP 94-07 - CARLSBAD RANCH SPECIFIC PLAN AMENDMENT/LEGO PLANNING: 1. Provide assessor maps showing the locations of parcels A through E referred to in the Title Report. The parcels on the maps should be labeled as A through E to correspond to the title report legal descriptions. 2. Provide a signature on the application and a disclosure statement for the following: a. APN 211-010-05 b. APN 212-041-05 The above parcel numbers also need to be included on the application. 3. Revise the Tentative Map listing of property owners to include the owners of Assessor Parcel Numbers 211-010-05 and 212-041-05. 4. Provide a detail for the roundabout design on the Tentative Map. 5. The Tentative Map does not clearly show the width, location, and use of all existing and proposed public and private easements such as for the SDG&E transmission lines and the gas line on the north side of Cannon Road. The width of required public trails must be plotted. The location of existing towers for the high voltage power lines must also be plotted. 6. Show on the tentative map the location of all fire hydrants within 300 feet of the site. 7. On the Constraints map include the following information: a. Biological Habitats. Indicate the location of Coastal Sage Scrub and Chaparral plant communities existing on the project site. b. Beaches c. Plot the water surface limits for the south shore of the Agua Hedionda Lagoon. ENGINEERING: TENTATIVE MAP, CT 94-09 1. Show the 100-year flood limits along the Agua Hedionda Lagoon. The mean high tide line shown most likely does not correspond to the 100-year flood limit. 2. Show the methods and locations of desiltation/pollutant control facilities along Agua Hedionda Lagoon and along Palomar Airport Road. 3. Clearly delineate drainage basins and proposed drainage systems. 4. Show methods of erosion control. All tentative maps need to show a plan of erosion control including grading of swales in sheet grading to direct drainage into temporary desilt basins. 5. Provide at least 100 scale maps and drawings. Note: Providing drawings at a scale suitable for review is a completeness requirement. The 200 scale drawings do not show enough details for review. 6. Show all of the existing power transmission facilities. Not all of the towers/poles are shown on Lot 9. 7. Show the vacation of a portion of existing Armada Drive. 3 8. Lego Drive is not labeled as private on the map in plan. 9. Hidden Valley Road is shown 84 feet wide for one portion and 62 feet side on another portion on the cross-sections. The map plan shows the same width from PAR to the end. Make all dimensions consistent. 10. Show center line data including radii, tangents and stations. 11. Show the skew angle of Street "D" intersection with Armada drive. See also Issue J, below. 12. Show the general utility and access easements on Lot 9 as proposed or existing. See also Issue W, below. 13. Provide a phased grading plan unless the entire tentative map area is proposed to be graded at one time. See Issue E below. SPECIFIC PLAN AMENDMENT, SP 207A 1. Include a section on project grading, erosion control and construction phasing. 2. Clearly identify areas for Williamson Act land removals. 3. Provide details regarding the pedestrian crossing of Armada Drive at the hotel/retail site. 4. Include a section on lighting standards within the Lego Park development standards. 5. Complete the Circulation and Capital Improvements section of the Utilities and Infrastructure Chapter. ISSUES OF CONCERN PLANNING: 1. Compliance with the requirements of the Mello II and Agua Hedionda Lagoon Local Coastal Plans and the Coastal Act must be achieved. Coordination with the Coastal Commission staff is needed particularly as it concerns the following: a. Conversion of agricultural land. b. Provision of lagoon trails"and access. c. Boat launching facilities including parking. d. Preservation of slopes containing coastal sage, chaparral or other sensitive species located within the planning area. e. Increase of Travel Services Commercial property in the Agua Hedionda Lagoon LCP with a corresponding reduction in open space property. 2. Presentation of the project to the Agua Hedionda Lagoon Foundation is recommended to determine if there are additional issues which can be resolved through project revisions. 3. The Environmental Impact Report (EIR) required for the project will need to include adequate baseline studies for the areas being proposed for inclusion in the new specific plan boundaries. Studies on archaeology, paleontology, biology, noise, etc. are needed. These items will be addressed in the EIR consultants scope of work. 4. The project will require review by SANDAG and the Palomar Airport Manager to obtain comments relative to it's compliance with the Comprehensive Land Use Plan for Palomar Airport. It is anticipated that the project will be brought before the Palomar Airport Advisory Committee staffed by the County Airports Division prior to the Airport Manager providing a response. 5. Areas of the project site are within Preserve Planning Area 3 of the Draft Habitat Management Plan. This may impact the project primarily through the potential for inclusion of a fee if approved to implement that plan. 6. The area of the golf course proposed on the Hub Park lease site will require City Council approval as to whether the Council will support allowing the lease area to be utilized for the golf course. The issue of the lease may be able to be considered by the City Council prior to the project applications going to Planning Commission Hearing. 7. Before requests for proposals can be sent out to environmental consultants for preparation of an Environmental Impact Report (EIR) a letter of authorization agreeing to assume all costs for the preparation of the EIR must be submitted by the project applicant. 8. Several issues exist with the proposed Land Conservation Contract Cancellation and are as follows: a. The agricultural preserve boundaries must also be amended. It appears that this will create areas which are not contiguous but are proposed to remain under contract. It has not yet been determined if this is permitted by the Williamson Act. The application letter should be revised to include the amendment to the agricultural preserve boundaries. b. The request should also be revised to include a cancellation request for the Specialty Retail area and GIA expansion area which are presently under contract. Commercial and industrial land use designations are proposed for these areas and therefore they can not be left under contract. c. A copy of the Land Conservation Contract and agricultural preserve boundary map for assessor parcel number 212-041-05 must be submitted to verify that the contract on that property has expired and that the parcel is no longer contained within an agricultural preserve. d. The appropriate timing must be determined for requesting that the County Assessor certify to the City Council the cancellation valuation of the land under contract. e. The minimum parcel size in the agricultural preserve is 10 acres. Parcels 2 and 3 on the Tentative Map are less than 10 acres in size. This is related to item "b" above. Parcel 12 is also less than 10 acres. 9. The 500 scale proposed General Plan and Zoning exhibits submitted both need revisions which are noted on the enclosed exhibits. Please return the original checkprints with the revised exhibits. 10. The acreage of the SDG&E Travel Service Commercial property is proposed to increase resulting in a corresponding decrease in open space designated acreage. An analysis as to the facilities impacts of this change should be covered in the Local Facilities Management Plan. In addition, the findings of the General Plan Open Space and Conservation Element must be made since the open space boundaries are proposed to be adjusted. Of particular concern is the finding concerning the proposed open space area being of equal or greater area. Justification for the proposed findings must be provided. 11. A revised (8 1/2" x 11") land use map will be needed for the Agua Hedionda Lagoon Local Coastal Plan. 12. Issues of concern and requested revisions to the Draft Carlsbad Ranch Specific Plan SP 207(A) are contained in the enclosed copy of the plan. Please return this first draft of the plan containing city staff comments with the revised text to assist us in our review of the project. Sections of the Carlsbad Ranch Specific Plan Amendment are missing and include the following: a. Capital Improvements Program b. Financing Plan c. Development Phasing Program d. Grading Phasing 13. The exhibit provided for the SDG&E Specific Plan Amendment (SP 144 (G)) should be revised as follows: a. The exhibit shows the middle and inner lagoons as proposed for removal from the SDG&E Specific Plan yet the parcel numbers for each area are listed under the heading of "Parcels Inside The Boundaries Of SP 144(G)." The middle and inner lagoons should remain in the SDG&E Specific Plan along with the outer lagoon. Please revise the exhibit boundaries. 14. A lane striping plan should be provided for the Tentative Map. 15. The issue of the export resulting from grading for the Cannon Road right-of-way must be clarified as the Cannon Road project is based on obtaining this material for use in other segments of the project. 16. Provide a list of items to be considered for inclusion in a Development Agreement if a development agreement is desired. 17. The Market Feasibility Study was^not received until August 3, 1994. Review and approval of the Market Feasibility Study is pending. Subsequent preparation of a Fiscal Impact Analysis will follow. 18. Comments on the Draft Local Facilities Management Plan Amendment for Zone 13 will be provided from Growth Management in a separate letter. 19. The following revisions need to be made to the constraints map in addition to those listed under the incomplete items section: a. The Hub Park lease area is shown as a property line. Revise to note it as a lease boundary. b. Show existing assessor parcel numbers and lot lines to serve as points of reference. c. Revise the boundary for property currently subject to a Land Conservation Contract. Old boundary lines were included on sheet 2. 20. The following revisions need to be made to the Tentative Map in addition to those listed under the incomplete items section: a. Use the buildout ADT for the traffic generation table located on sheet 1. Year 2000 ADT was used. b. Create a separate parcel for Planning Area 9 of the Specific Plan (Agua Hedionda Lagoon Waterfront). c. Label designated remainder parcels, the Travel Services Commercial parcel west of the golf course on the SDG&E property and the Open Space parcel located east of the golf course, as required by section 20.04.120 of the Carlsbad Municipal Code. d. The minimum parcel size in the agricultural preserve is 10 acres. This affects parcels 2, 3 and 12 as well as their status in regard to the Land Conservation Contract, the Preserve and the proposed land use designations. e. Provide an irrevocable offer of dedication for all trails included in the Open Space and Conservation Resource Management Plan. All remaining trails should be contained within an easement. Provide sections for the trails including those which are proposed to be utilized for golf carts also and plot their width on the plans. f. Provide a section for the proposed street under-crossings. g. Provide phasing if any will be requested. h. Plot required Coastal Commission easements and deed restrictions from CT 92-7. i. Indicate the owner for all easements located on the easement table. j. Add to the legend a symbol indicating areas where access rights are to be relinquished and plot their locations. This applies to Cannon Road, Palomar Airport Road and the R&D lots adjacent to the LEGO Driveway. k. The limits of grading symbol does not show up well on the blueprints. Please improve legibility. 1. The land use and zoning table must be revised as indicated on the enclosed checkprint. m. The proposed street sections must be revised as indicated on the enclosed checkprint. n. A reservation should be made on the map for a boat launch and parking area. It must be demonstrated that the golf course will not preclude the ability to site a boat launch and parking area in the future. o. The map shows conflicts between the location of the proposed trails and the access road to the lagoon beach area for the property on the north side of Cannon Road. p. Show the contour for the approximate mean high tide line shown on the map and indicate the source for this information. q. Show the easement for the transmission corridor and the gas pipeline on the property north of Cannon Road. r. Revise the map to create one parcel where parcels 1, 2 and 3 are proposed. This requires the removal of parcels 2 and 3 from the agricultural preserve and cancellation of the land conservation contract for those areas. Parcel 2 does not have required public street frontage and both parcels 2 and 3 are below the minimum 10 acre parcel size in the agricultural preserve. The proposed land use designation of commercial also requires that the property be removed from the agricultural preserve and contract. s. Revise the map to create a single parcel for the GIA site. Similar reasons for requesting one parcel for the specialty retail site also apply to GIA. t. Plot the location of the edge of the CALTRANS right-of-way for the area immediately west of the proposed Paseo Del Norte realignment. u. In the southwest corner of Lot 14 revise the grades so that the maximum wall height above the adjacent sidewalk is 3 feet as required by Figure 42 in the specific plan. v. Revise the lot line for lot 23 as shown on the enclosed checkprint. The southern most area of this lot should be added to lot 13 so that it can be landscaped to screen views of the LEGO parking area. In addition, the application of the required setbacks to this parcel make this area unbuildable. w. Show the existing Price Club entrance at the signalized intersection. x. Provide legible road spot elevations along all on site roads as well as Palomar Airport Road and Cannon Road. y. Provide a detail for the 150 foot landscape buffer area along Palomar Airport Road. The maximum slope height permitted is 30 feet with a maximum length of 200 feet. A three dimensional perspective would be helpful. z. It appears that a slope height of 35 feet is reached at the southeast comer of lot 13 which exceeds the ordinance maximum height of 30 feet. aa. Revise the property line location to show Lego Drive south of the roundabout as being a private access. bb. Provide the measuring points for the dimensions provided on the lot line between lots 11 and 13. cc. There does not appear to be a need for the two street under-crossings proposed under LEGO Drive (north and south of the roundabout). dd. The existing (underlying) contours must be made more legible on all tentative map sheets, ee. Show access to the water tank near Hidden Valley Road. ff. Lot 11 and its associated grading is shown as encroaching into an area shown on the constraints map as open space. The area is also to be covered by an open space easement required by the Coastal Commission in the Coastal Development Permit for CT 92-7. 21. Section E-E on the slope profile should show berming to screen the LEGO parking area from view points on adjacent roadways. ENGINEERING: We were able to identify some preliminary issues with the project as a whole. These issues do not represent a comprehensive review. Additional issues may arise as further review takes place. The issues and comments are as follows: TENTATIVE MAP CT 94-09 a. The tentative map must show compliance with the Specific Plan. For example, the overall drainage picture is not clearly shown on the map and conflicts with the Specific Plan in the following areas: o The map shows drainage being conducted via Cannon Road SD system to Cannon Lake. The specific Plans calls for the drainage to be conducted to an NPDES facility and thence to Agua Hedionda Lagoon. o The map does not show the NPDES facilities along PAR before discharge into Encinas Creek. The map should show how the project will meet the NPDES requirements as per the Specific Plan. See incomplete Item 2, above. o How the drainage to the west from Lots 5 and 8 will be handled is not shown. The Specific Plan indicates that a brow ditch will be used. These type of details need to shown on the tentative map. b. The especially sensitive grading near the Agua Hedionda Lagoon needs to have a careful plan. c. The area on proposed Lot 13 (LEGO site) is too large and grades are too steep for sheet flow. Drainage swales are needed to direct flow into temporary desiltation basins. d. In the cross-section Lego Drive is labeled "public" north of Lot 13. This is not acceptable. Lego Drive needs to be private all the way to the intersection with Armada Drive. e. Will the site be graded at once? Because the application discussion appears to indicate that it will be graded in phases, providing a phased grading plan was made an item of incompleteness in Item 13, above. The phasing and phase lines must be reviewed and approved at the tentative map stage. f. Why parcel off Lots 6 and 7 when they are one project under one owner, GIA? g. Will Lots 2 and 3 be removed from the Williamson Act lands? If not, they will be too small to be two separate lots per the SMA, Section 66474.4. h. On the Key Map, include the existing surrounding street and freeway system close to the project, such as 1-5, and all of Cannon Road, Palomar Airport Road, Paseo del Norte and Car Country Drive. 0 i. The full width of Street "D" needs to be a general access easement, not just the outside 8 feet as shown on the cross-section. Engineering prefers the width of Street "D" (private) to be 48 feet between curbs, unless parking will be prohibited. The Planning Department will make the final determination on private streets. j. Street "D" need not make a skewed intersection with Armada Drive. The street could have a "T" section connected between Lots 19 and 21; and thence continue to a cul-de-sac in Lot 23. k. If the re-location of Paseo del Norte to the old curved alignment is ultimately approved, the allowed access (s) to Lot 1 will be on the tangent sections only. 1. Lot lines, especially for Lots 11 and 13, need more data, such as bearings and curve data. m. If Lot 8 is no longer part of the golf course, why is an under-crossing from Lot 10 to Lot 8 being shown? n. It is our understanding that the under-crossing of Lego Drive between Lots 10 and 16 will no longer be needed, per the roundabout consultant. o. We will want an extra right lane, south bound, to be added to Armada Drive to begin south of Cannon Road and to be dropped at the first GIA entrance. p. The location, width, grades of Hidden Valley Road as well as the utilities therein will need to be coordinated with the proposed City golf course project manager John Cahill. Per John Cahill, at this time the City is not in agreement on the location, width, grades and slopes on the property as is shown on this tentative map. q. Showing grading on the extreme east side of Lot 11, just north of the water tank does not appear to be needed at this time. At the scale shown, very little grading is taking place. r. Letters of permission to grade on other property will be needed prior to approving the tentative map. s. The trail as shown on Lot 9 has steep slopes. We need to see in more detail in order to determine if it can be constructed. t. There are some arrowhead-like-symbols along the north side of future Cannon Road, sheet 3 of 5. What do these symbols mean ? u. Please clarify and label what appears to be an odd shaped parcel around a drainage facility on the north side of PAR O'ust above the word "AIRPORT"), sheet 4 of 5. v. Show existing Price Club driveway on the south side of PAR. w. The general utility and access easement to Lot 9, starting near Car Country Drive, does not appear to have the best alignment for grades. x. The grading in the vicinity of the future boat launch area, Lot 9, appears confusing as shown. The line between cut and fill is not clearly defined. It appears that in reality part of the cut area cannot be graded because it is too close to the lagoon. y. The future boat launch facility has not been reviewed. It does not appear that parking can be provided for the facility. The golf course appears to constrain the boat launch option. We may need the reference to the boat launch removed from the exhibits or labeled in such a way that this project's action does give a prior approval to that facility. SP 207A Engineering Department comments on the Specific Plan have been incorporated into the Draft Specific Plan text enclosed for your use in revising that document. LCPA 94-03 Mello II Segment: a. Page 5; item 14 should read west of 1-5 of Armada Drive. Agua Hedionda Segment: No Comments. AP 76-01 Should include the specialty retail phase area in the removal from Williamson lands. EIR 94-07, GPA 94-03, ZC 94-02 and HDP 94-07 No comments. The engineering red-lined checkprints were given to the applicant's engineer, Jerry O'Connell, on July 14, 1994 at a meeting held to alert the engineer to the basic incomplete items and the issues. It is requested that the applicant return the checkprints with the next submittal. PROJECT MEMO CITTOF CARLSBAD — PLANNING DEPAR A ITTO A TWNT TO: FROM:/W£"6/ PROJECT/PERMIT NO . SUBJECT: ' £e\J!-£\AJ OF are, a Gn gLIy 39 DATE: TIME: , T7WS -W 13 9V — PlanningJDirecter/Acting Agent I WHITE - Job Site; YELLOW - File; PINK - Inspector AND COMMENT MEMO it ^ DATE: TO: * * ENGINEERING DEPARTMENT GROWTH MANAGEMENT (MEMO ONLY) POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY COMMUNITY SERVICES - MARK STEYAERT COMMUNITY SERVICES - VIRGINIA McCOY DISTRICT REVISED PLAN D FROM: &/U. LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK _ SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street, Oceanside, CA 92054-3119 - THOMAS LIGHTERMAN SAN DIEGO GAS & ELECTRIC - P. O. Box 1831, San Diego, Ca 92112-4150 - BICH TRAN (MEMO ONLY) Always Send Exhibits Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CON APPLICATION. THIS PROJECT TITLE: APPLICANT: PROPOSAL: flLAfJ PROJECT PLANNER: Please review and submit written comments and/or conditions to the Planning Department by ^TL/^- V Z-^ l^ty. If not received by that date, it will be assumed that you have no comment and tne proposal has your endorsement as submitted. THANK YOU COMMENTS: __ _ PLANS ATTACHED FRM0020 3/94 Hofman Planning Associates o o o Planning Project Management Fiscal Analysis July 5, 1994 CITY Don Neu Planning Department 2075 Las Palmas Drive Carlsbad, CA. 92009 SUBJECT: Initial Study For The Carlsbad Ranch Specific Plan Amendment Dear Don: It is our understanding that an Environmental Impact Report will be required for the processing of the Carlsbad Ranch Specific Plan Amendment and Tentative Map. Based on our conversations with you, an Environmental Impact Assessment - Part 1 will not be required as a part of the submittal package. In accordance with CEQA Guidelines, specifically section 15060(c), the initial review of the project is not required if it has been determined by the Lead Agency (City of Carlsbad) that "an EIR will be clearly required for the project, ...". Since this determination has been made and we have verbally verified this with you, this letter serves as the official agreement that the Environmental Impact Assessment - Part 1 is not required. If you find that any of the above is not true or that you are not in agreement with the above, please contact our office at your earliest convenience. Sincerely, Bill Hofman cc. Chris Calkins Flemming Jensen 2386 Faraday Avenue ° Suite 120 ° Carlsbad ° CA 92008 ° (619)438-1465 ° Fax: (619)438-2443 shiits roles. There has been coldfusion on this point because the agency could be viewed as either a Lead or a Responsible Agency. The section provides that when the agency acts in the Lead Agency role, the time limits in- volved will be those that apply to a Lead Agency. Designation of Lead Agency by Office of Planning and Research 15053. (a) If there is a dispute over which of several agencies should be the Lead Agency for a project, the disputing agencies should consult with each other in an effort to resolve the dispute prior to submitting it to OPR. If an agreement cannot be reached, any public agency, or the ap- plicant if a private project is involved, may submit the dispute to OPR for resolution. (b) OPR shall designate a Lead Agency within 21 days after receiving a completed request to resolve a dispute. (c) Regulations adopted by OPR for resolving Lead Agency disputes may be found in Title 14, California Administrative Code, Sections 16000 et seq. (d) Designation of a Lead Agency by OPR shall be based on consideration of the criteria in Section 15052 as well as the capacity of the agency to adequately fulfill the re- quirements of CEQA. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21165, Public Resources Code; California Administrative Code, Title 14, Sections 16000-16041. Formerly Section 15065.5. Discussion: The purpose of this section is to outline the process to be used by the Office of Planning and Research in resolving Lead Agency disputes. Because resolving a dispute involves additional costs and delays for a project, the Guidelines require the disputing agencies to try .to resolve the issue among themselves. Only where an agreement cannot be reached, would the issue be submitted to OPR. Once the dispute is submitted to OPR, certain formal steps would be required in order to allow all interested parties to make their views known. These steps are contained in the regulations identified in subsection (c). This section outlines the process so that public agencies can understand the process before deciding to submit a dispute to OPR. Article 5. Preliminary Review of Projects and Conduct of Initial Study Preliminary Review 15060. (a) A public agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. While conducting this review for completeness, 84 the agency should be alert for environmental issues that might require preparation of an EIR or that may require additional explanation by the applicant. (b) Except as provided in Section 15111, the Lead Agency shall begin the formal environmental evaluation of the project after accepting an application as complete and determining that the project is subject to CEQA. Accepting an application as complete does not limit the authority of the Lead Agency to require the applicant to submit addi- tional information needed for environmental evaluation of the project. (c) If the Lead Agency can determine that an EIR will be clearly required for a project, the agency may skip further initial review of the project and begin work directly on the EIR process described in Article 9, commencing with Section 15080. In the absence of an Initial Study, the Lead Agency shall still focus the EIR on the significant effects of the project and indicate briefly its reasons for determining that other effects would not be significant or potentially significant. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 65944, Government Code; Section 21080.2, Public Resources Code. Discussion: This section describes the actions required of the Lead Agency when it receives an application for a project. This section is necessary in order to save time that could otherwise be spent if the agency ignored environmental issues for the first 30 days of reviewing the application. The section is also necessary for allowing the efficiencies that result from moving directly to the preparation of an EIR where the agency can see that one will clearly be required. This avoids the time involved in the separate step of preparing an Initial Study where the Lead Agency believes it will perform the work of identifying effects as significant or non-significant while it does simultaneous work preparing the EIR. This section also introduces the term "preliminary review" to apply to this early review of an application for com- pleteness and for a possible exemption from CEQA. This term is needed to provide a shorthand way to referring to these early steps and to distinguish them from the more formal Initial Study process that follows preliminary review. Review for 15061. Exemption (a) As part of the preliminary review, a public agency shall determine whether a particular activity is exempt from CEQA. 85 CARITA5compAnv July 1, 1994 JUL 0 5 1394 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Attn: Martin Orenyak Community Development Director RE: Carlsbad Ranch - Agricultural Preserve No. 76-1 Dear Mr. Orenyak: Pursuant to Section 10 of the Land Conservation Contract, dated February 10, 1976, and Section 51282 of the Government code, we hereby petition the City Council for cancellation of the contract on the land identified on the attached map (Exhibit A). The proposed specified alternative use is visitor-oriented mixed use, with specialty family oriented park, lodging, and ancillary facilities, generally illustrated by the attached project documents (Exhibit B). A list of the government agencies known by us to have permit authority related to the proposed alternative use is also attached (Exhibit C). Please let us know if you require any further information from us for this petition to be deemed complete. Thank you for your consideration. Very truly yours, CARLTAS COMPANY '. Calkins ''Manager CCC/jp Enclosures 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 Exhibit B Carlsbad Ranch Specific Plan (Draft of July 1994) Filed separately with Community Development Department EXHIBIT C KNOWN ISSUING AGENCIES AND PERMITS REGION PERMITTING AGENCIES: 1. CITY OF CARLSBAD • BUILDING AND GRADING PERMIT • SPECIFIC PLAN AND RELATED IMPLEMENTING MATTERS 2. CALIFORNIA COASTAL COMMISSION • COASTAL DEVELOPMENT PERMIT (GRADING/FINAL MAP) • LOCAL COASTAL PLAN AMENDMENT LEGEND NON-WILLIAMSON ACT LANDS 92.6 ACRES WILLIAMSON ACT LANDS REMAINING UNDER CONTRACT 167.3 ACRES WILLIAMSON ACT LANDS TO BE REMOVED 163.6 ACRES WILLIAMSON ACT LANDS MAP JUNE 1994, J.N. 89-1014 PREPARED BY O'DAY CONSULTANTS INC. City of Carlsbad Planning Department March 2, 1994 C7DAY CONSULTANTS 03 O'Day Consultants Mr. Jerry O'Connell rE.VED 7220 Aven/da Enc/nas, Ste 204 Kfcu Carlsbad, CA 92009 RE: STREET NAME APPROVALS FOR CT 92-07 • CARLSBAD RANCH PHASE 3 The following street names have been approved for use in the above-listed subdivision. These names should be included on the final map and all improvement plans. "B" Street - Fleet Road "C" Street - Sound Street In addition, please submit the following items to this office: 1. Street name list 2. 1000 scale mylar plot plan delineating street locations and hydrant locations. 3. 400 & 500 scale mylar delineating street locations and hydrant locations with at least two existing streets and/or intersections shown on the map. 4. Vicinity Map. Please call me at (619) 438-1161, extension 4477 if you have any questions. Sincerely, ANNE HYSON Assistant Planner AH:lh 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 - (619)438-1161 RECORDING REQUESTED BY Recorded at Request of First .American Title C & I Dept AND WHEN RECORDED MAIL TO: CARLSBAD RANCH COMPANY, L.P. c/o Carltas Company Attention: Christopher C. Calkins 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008-4452 This ia&i-jzsnj ;s cxVfisj fc ^ - v-f' FiRs^^yr^ IKSL,,rii (SPACE ABOVE THIS LINE FOR RECORDER'S USE) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD RANCH SDR2X681652-18 TABLE OF CONTENTS ARTICLE I - DESIGN REVIEW 4 1.1 Design Review Committee 4 1.2 Guidelines 5 1.3 Plan Review 6 1.4 Design Review Exemptions 6 1.5 Approvals 6 1.6 Construction 7 1.7 Landscaping 7 1.8 No Liability for Approval Errors 7 ARTICLE H - ASSOCIATION 8 2.1 Organization and Membership 8 2.2 Duties 8 2.3 Powers 8 2.4 Voting 9 ARTICLE m - MAINTENANCE 11 3.1 Maintenance and Repair by Association 11 3.2 Public Trail System 12 3.3 Private Street Maintenance to City Standards 12 3.4 Storm Drain Maintenance 12 3.5 Sewer Facilities Maintenance 13 3.6 Reservation of Easements 13 3.7 Parcel 18 Owner Maintenance Obligations 13 3.8 Maintenance and Repair of Individual Projects 14 3.9 Owner Failure to Maintain 14 3.10 Pollutant Discharge Elimination 15 3.11 Enforcement of Maintenance Obligations 16 3.12 Leasing 16 ARTICLE IV - ASSESSMENTS 16 4.1 Agreement to Pay Assessments 16 4.2 Allocation of Assessments 16 (a) General 16 (b) Parcel 13 17 (c) Parcel 18 Owner 17 (d) Change in Allocations 17 4.3 Annexation 17 (a) GIA Annexation 17 (b) Annexation Generally 18 4.4 No Offsets 18 4.5 Transfer of Property 18 SDR2 \681652-18 ARTICLE V - PROHIBITED USES AND PROTECTION OF VIEW CORRIDORS 18 5.1 Permitted Uses 18 5.2 Prohibited Uses 18 5.3 View Corridors 20 5.4 Protection of View Corridors 20 ARTICLE VI - ENFORCEMENT 21 6.1 Court Action 21 6.2 Liens 21 (a) Right to Enforce 21 (b) Creation of Lien 21 (c) Notice of Default; Foreclosure 21 (d) Waiver of Exemptions 22 ARTICLE VH - MORTGAGEE PROTECTIONS 22 7.1 Breach Shall Not Defeat Mortgage 22 7.2 Subordination of Lien and Foreclosure 22 7.3 Notification of Breach and Right to Cure 22 7.4 Estoppel Certificate 22 ARTICLE Vm - BINDING EFFECT; DURATION FUTURE AMENDMENTS ... 23 ARTICLE IX - NOTICES 23 ARTICLE X - NOTICE OF DEED RESTRICTION 23 ARTICLE XI - NOTICE OF AGRICULTURAL USE 23 ARTICLE XH - NOTICE OF PROHIBITION AGAINST REMOVAL OF NATIVE VEGETATION AND DEVELOPMENT OF PARCEL 16 24 ARTICLE Xm - COPIES OF DOCUMENTS 24 ARTICLE.XIV - COUNTERPARTS 24 ARTICLE XV - GENERAL PROVISIONS 24 15.1 Definitions 24 15.2 Assignment of Declarant's Rights and Duties 26 15.3 Common Interest Subdivision 26 15.4 Effective Date 26 15.5 Governing Law 27 15.6 Severability 27 15.7 Attorneys' Fees 27 SDR2\681652-18 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD RANCH This Declaration of Covenants, Conditions and Restrictions for Carlsbad Ranch ("Declaration"), dated as of March 12, 1997, is executed by CARLSBAD RANCH COMPANY, L.P., a California limited partnership ("Declarant"), with reference to the following facts: A. The real property described in Exhibit A attached hereto and incorporated herein constitutes a master planned, mixed use development generally known as the "Carlsbad Ranch." A site plan of the Carlsbad Ranch is depicted in Exhibit A-l attached hereto and incorporated herein (the "Site Plan"). Any reference hereinafter to parcels ("Parcel" and collectively, "Parcels") by a specific number shall refer to the corresponding parcel depicted in the Site Plan. B. The Carltas Company, a California limited partnership ("Carltas"), was the prior owner and the original developer of the Carlsbad Ranch. Declarant is the successor-in-interest to Carltas as developer of the Carlsbad Ranch. The portion of the Carlsbad Ranch currently owned by Declarant is legally described in Exhibit B attached hereto and incorporated herein. C. During Carltas' ownership of the Carlsbad Ranch, Carltas imposed on a portion of the Carlsbad Ranch certain mutual beneficial covenants, conditions and restrictions under a general plan or scheme of improvement for the benefit of the Carlsbad Ranch and the future owners of land within the Carlsbad Ranch pursuant to the terms of a certain Declaration of Covenants, Conditions and Restrictions recorded in the Official Records of the Office of the County Recorder of San Diego County, California (the "Official Records"), on January 12, 1994 as Document No. 94-0027697 (the "First CC&Rs"). D. The First CC&Rs were intended to cover the portion of the Carlsbad Ranch subject to the planning area covered by the City of Carlsbad specific plan (207) (the "Original Specific Plan"). E. Declarant has obtained the City of Carlsbad's approval of an amendment to the Original Specific Plan to include land adjacent to the Original Specific Plan area in order to accommodate certain uses not contemplated by the Original Specific Plan, such as a resort hotel use for Parcel 17 and a LEGOLAND family park use for Parcel 18 (the Original Specific Plan, as amended and as the same may be hereafter amended, shall be referred to as the "New Specific Plan"). As used herein, the "Carlsbad Ranch" means all property included in the New Specific Plan and legally described in Exhibit A attached hereto. F. The portion of the Carlsbad Ranch currently owned by the Gemological Institute of America ("GIA") is legally described in Exhibit C attached hereto and incorporated herein (the "GIA Parcels"). G. Declarant transferred to National Association of Music Merchants, Inc., a New York not-for-profit corporation ("NAMM") certain land depicted as Parcel 8 on the Site Plan and more particularly described in Exhibit D attached hereto and incorporated herein (Parcel 8 may be hereinafter referred to as the "NAMM Parcel"). H. Declarant has granted to LEGOLAND Carlsbad, Inc., a California corporation ("LEGO") (successor by name change to LEGO Park Planning, Inc.), an option to acquire a portion of the Carlsbad Ranch depicted as Parcels 18 and 19 on the Site Plan. As used herein, "LEGO" means LEGOLAND Carlsbad, Inc. or any successor owner of the option to acquire Parcels 18 and 19 or, after exercise of such option and conveyance of Parcels 18 and 19 pursuant thereto, the Owner (as defined below) of fee title to Parcels 18 and 19. LEGO may also be hereafter referred to from time to time as the "Parcel 18 Owner." I. Declarant transferred to CB Ranch Enterprises, a California corporation ("CB Enterprises"), certain land depicted as Parcel 1 on the Site Plan and more particularly described in Exhibit E attached hereto and incorporated herein (Parcel 1 may be hereinafter referred to as the "CB Enterprises Parcel"). J. Declarant transferred to Craig Realty Group - Carlsbad, LLC, a California limited liability company ("Craig Realty Group"), certain land depicted as Parcels 2 and 3a on the Site Plan and more particularly described in Exhibit F attached hereto and incorporated herein (Parcels 2 and 3a may be hereinafter referred to as the "Craig Realty Group Property"). K. Declarant transferred to Carlsbad Estate Holding, Inc., a California corporation and an affiliated entity of LEGO ("Estate Holding"), certain land to be subdivided as Parcel 17 of the Carlsbad Ranch and other adjacent land, all of which land so conveyed is more particularly described in Exhibit G attached hereto and incorporated herein (which land may be hereinafter referred to as the "Estate Holding Property"), subject to Estate Holding's obligation to reconvey such other adjacent land after the creation of Parcel 17 as a legal lot in compliance with the California Subdivision Map Act. L. The parcels within the Carlsbad Ranch shall be created in units ("Unit(s)") and each Unit shall be reflected in a Final Map recorded in the Office of the County Recorder of San Diego County. Each legal parcel created by a Final Map for the Carlsbad Ranch, or any resubdivision thereof, shall be a "parcel" or "lot" (the terms may be used herein interchangeably) as referred to herein. M. A portion of the Carlsbad Ranch has previously been subdivided by a Final Map, specifically Lots 1 through 8 of Carlsbad Tract No. 92-7 in the City of Carlsbad, County of San Diego according to Map No. 13078 filed in the Office of the County Recorder of San Diego County, on December 28, 1993, and Lots 9 through 14 of Carlsbad Tract No. 92-7 in the City of Carlsbad, County of San Diego, according to Map No. 13215 in the Office of the County Recorder of San Diego County on June 30, 1995. N. The City of Carlsbad has approved a new master tentative map (Carlsbad Tract No. 94-09) corresponding to the New Specific Plan (which tentative map shall be referred to as the "Carlsbad Ranch Master Tentative Map"). O. Declarant has recorded a Final Map covering Unit 1 of the Carlsbad Ranch Master Tentative Map, according to Map No. 13357 in the Office of the County Recorder of San Diego County on September 11, 1996. P. Upon recordation of this Declaration, that portion of the Carlsbad Ranch which is legally described in Exhibits B, D, E, F and G, excluding the GIA Parcels legally described in Exhibit C, shall be subject to the terms and conditions of this Declaration (the property initially subject to the terms and conditions of this Declaration shall be all of the property described in Exhibits B, D, E, F and G, inclusive, all of which together shall hereinafter be referred to as the "Property"). Q. Any references in this -Declaration to parcels within the Carlsbad Ranch shall mean only those parcels within the Carlsbad Ranch covered by this Declaration. R. The term "Property" as used herein, shall not include the GIA Parcels unless and until they are annexed into the Property covered by this Declaration. S. The term "Owner" as used herein means each current and successor owner of fee title to any Parcel. The current Owners are Declarant, CB Enterprises, NAMM, Craig Realty Group and Estate Holding. An Owner shall be deemed an Owner only during its period of ownership of a portion of the Property. T. Declarant, as successor developer of the Carlsbad Ranch, desires to establish this Declaration as a general plan of improvement for the Property in order to, among other things, establish a design review committee to administer design guidelines and to provide a mechanism for maintenance of certain portions of the Property. Declarant, on behalf of itself as Owner of that portion of the Property legally described on ExnP~:t B and on behalf of successor Owners of such property, intends, by execution and recordation of this Declaration in the Official Records, to establish this Declaration and to be bound thereby as a covenant running with the land. U. At the request of Declarant, NAMM, CB Enterprises, Craig Realty Group and Estate Holding, as Owners of those portions of the Property legally described on Exhibits D, E, F and G, respectively, on behalf of themselves and successor Owners of their respective properties, hereby (i) consent to the terms of this SDR2X681652-18 Declaration and agree to be bound by the obligations of an Owner hereunder, (ii) agree that this Declaration, upon recordation in the Official Records, shall be an encumbrance against title to their respective properties, and (iii) agree to hold tide to their respective properties subject to this Declaration as a covenant running with the land. The foregoing consent and agreement of the Owners is evidenced by their execution of this Declaration as provided below. V. Certain capitalized terms used in this Declaration are defined in Paragraph 15.1 below. NOW, THEREFORE, the Property and each portion thereof is and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions all of which are declared to be in furtherance of a plan for the subdivision, improvements and sales of the lands and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. All of the covenants, conditions and restrictions set forth herein are equitable servitudes and shall run with the land and shall be binding upon and inure to the benefit of all Owners having or acquiring any part thereof and their respective heirs, successors and assigns. ARTICLE I - DESIGN REVIEW 1.1 Design Review Committee. There shall be a Design Review Committee comprised of two (2) persons appointed by Declarant, two (2) persons appointed by the Parcel 18 Owner, and one (1) person appointed by Owners comprising the Association (described in Paragraph 2.1 below), with the exception of Declarant and the Parcel 18 Owner. Declarant shall have the right and power to remove and replace any members of the Design Review Committee initially appointed by Declarant. The Parcel 18 Owner shall have the right and power to remove and replace any members of the Design Review Committee initially appointed by the Parcel 18 Owner. The Association, without participation by either Declarant or the Parcel 18 Owner in any such vote by Owners comprising the Association, shall have the right and power to remove and replace any members of the Design Review Committee initially appointed by the Association. If either Declarant or the Parcel 18 Owner fails to make any appointment within sixty (60) days after the date a vacancy on the Design Review Committee becomes available, the Association shall have the right and power to app- int such member(s). In appointing members to the Desigr Review Committee, Declarant, the Parcel 18 Owner and the Association shall give preference to individuals with architectural and engineering backgrounds who are familiar with the Carlsbad Ranch. At such time as Declarant has sold, conveyed or otherwise transferred parcels representing more than fifty percent (50%) of the total votes (as set forth in Paragraph 2.4 below) within the Carlsbad Ranch excluding the votes attributable to the Parcel 18 Owner, Declarant may, at any time thereafter, transfer to the Association its right and power to remove and replace one (1) additional member of the Design Review Committee. At such time as Declarant has SDR2N681652-18 sold, conveyed or otherwise transferred parcels representing one hundred percent (100%) of the total votes within the Carlsbad Ranch, Declarant shall be deemed to have automatically transferred to the Association its right and power to remove and replace members of the Design Review Committee. Thereafter, the Association shall have the right and power to remove and replace three (3) members of the Design Review Committee without participation by the Parcel 18 Owner in any such vote by Owners comprising the Association, and the Parcel 18 Owner shall have the right and power to remove and replace two (2) members of the Design Review Committee. The Design Review Committee shall administer the covenants, conditions and restrictions contained in this Declaration and the Design Guidelines (as defined below). The Design Review Committee members may designate a single representative to act for it, and the Design Review Committee may hire an independent consultant to review any Submittal (as defined below) and make recommendations to the Design Review Committee. The Design Review Committee shall act by majority vote of its members, but it shall require the unanimous vote of the Design Review Committee members to designate a single representative to act for it. 1.2 Guidelines. Declarant (with the consent and approval of the Owners) has promulgated design guidelines (the "Design Guidelines") setting forth the procedures for submission and approval of and the form and content of submittals for the use, erection, construction, installation or alteration of Improvements (as defined below), including Landscape Improvements (as defined below). The Design Guidelines are in addition to any design guidelines contained in the New Specific Plan. The Design Guidelines shall be and become effective as of the date upon which this Declaration is recorded in the Official Records. Notwithstanding Article Vin of this Declaration pertaining to amendment of this Declaration, the Design Review Committee may promulgate, from time to time, changes to the Design Guidelines so long as a majority of the members of the Design Review Committee are in agreement on any such change(s), unless the change(s) pertain to Paragraph 5.0 of the Design Guidelines containing design standards for the Central Ranch Area (as defined below), in which event a majority of the members of the Design Review Committee and the Parcel 18 Owner must be in agreement on any such change(s). The Design Guidelines shall be promulgated to assist Owners of Parcels within the Carlsbad Ranch in the submission of plans and specifications. The Design Review Committee shall promulgate design criteria for signage. The Design Review Committee's design criteria for signage shall provide that for any tenant signage on the exterior of the specialty retail buildings, the City of Carlsbad's approval of any tenant building signage as being consistent with the City's sign criteria or otherwise acceptable to the City shall exempt such tenant building signage from any requirement of plan review under this Declaration. In promulgating any changes to the Design Guidelines, the Design Review Committee shall apply standards consistent with the Government Regulations (as defined below) and the purpose of this Declaration. The Design Guidelines shall be made available, upon request, to the Owner of any Parcel within the Carlsbad Ranch. "Improvements" shall mean and refer to all structures and appurtenances thereto of every type and kind, including, but not limited to, buildings, outbuildings, garages, irrigation and drainage devices or systems, fences, screening walls, retaining walls, parking areas, loading areas, poles, light standards, monument signage and exterior building signage visible from any street and Landscape Improvements (as defined below), and excluding interior building improvements. "Landscape Improvements" shall mean and refer to any plantings, ground cover, trees and shrubbery existing on a Parcel or within dedicated streets or private streets as of the date of this Declaration or thereafter installed, together with any alterations, irrigation systems and equipment installed in order to enable reasonable maintenance of the plantings, ground cover, trees and shrubbery. 1.3 Plan Review. No Improvement of any nature whatsoever, including, but not limited to, any alteration or addition to any Improvements existing from time to time shall be constructed, installed, assembled, maintained or permitted to remain on any lot until plans and specifications for such Improvement ("Submittal") shall have been approved in writing by the Design Review. Committee. All Submittals shall be prepared by an architect, landscape architect and/or engineer, licensed to practice in the state of California and shall be submitted in writing over the signature of the Owner or its authorized agent. Each Submittal shall conform to the Design Guidelines. 1.4 Design Review Exemptions. Any Improvements approved by Declarant under the First CC&Rs prior to the Effective Date shall be exempt (i.e., grandfathered) from the requirement of any plan review by the Design Review Committee and any View Corridor restrictions or limitations to the extent inconsistent therewith, provided that any material alteration, modification or addition to such Improvements shall be subject to plan review by the Design Review Committee pursuant to Paragraph 1.3 above. Prior to the Effective Date, Declarant has approved Improvements under the First CC&Rs for Parcels 2 and 3a (Craig Realty Group), Parcel 8 (NAMM), and Parcel 14a (hotel/timeshare resort). Declarant has also approved Improvements under the First CC&Rs prior to the Effective Date for the GIA Parcels; however, the GIA Parcels shall not, as of the Effective Date, be covered by this Declaration. l 1.5 Approvals^ The Design Review Committee shall base its approval or disapproval of any Submittal on, among other things, the adequacy of site dimensions; the conformity and harmony of external design and the Improvements located on other Property wit] in the Association; tha effect of location and use of Improvements on other Property within the Association, operations and uses; the relation of the topography, grade and finished ground elevation of the site being improved to that of other Property within the Association; the proper facing of elevations with respect to nearby streets; and the conformity of the Submittal to (i) any present and future governmental laws, statutes, codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments and any other applicable governmental requirements (collectively, the "Government Regulations"), (ii) this Declaration , and (iii) the Design Guidelines. If the Design Review Committee fails either to approve or disapprove any Submittal within thirty (30) days after the same has been submitted to and received by the Design Review Committee, it shall be conclusively presumed that the Design Review Committee has disapproved the Submittal. No Owner may commence the construction of any Improvement until such approval is obtained. Notwithstanding anything herein to the contrary, approval by the Design Review Committee is not exclusive and all plans and specifications required to be approved by the City of Carlsbad or any other governmental agency, whether through the building permit process or otherwise, must be so approved prior to the commencement of construction. Each Owner is responsible for identifying and conforming with all requirements of Government Regulations. If any requirement imposed by the City or other Government Regulations is different from a requirement contained herein or in the Design Guidelines, the more restrictive requirement shall control. 1.6 Construction. Upon receipt of approval from the Design Review Committee pursuant to this Article I, the Owner to whom the same is given shall, as soon as practicable, satisfy all conditions thereof and diligently proceed with commencement and completion of all approved construction and alterations. Such Owner shall conduct its construction project using reasonable and diligent efforts to minimize any interference or inconvenience to other Owners. In all cases, work shall be substantially completed within twenty-four (24) months from the date of such approval unless such approval contemplated a phased construction project and/or a longer period of time for substantially completing the work. The term "substantial completion" shall mean the date on which final city inspection is obtained for the building shell. Any Owner shall use its reasonable best efforts to substantially complete, or cause to be substantially completed, any approved construction and alterations within twenty-four (24) months after receipt of the Design Review Committee's approval. If there is a failure to comply with this Paragraph, then the approval given pursuant to this Paragraph shall be deemed revoked unless the Design Review Committee, upon request made prior to the expiration of such twenty-four (24) month period, extends the time for completing the work. 1.7 Landscaping. Landscape Improvements for each lot, as approved by the Design Review Committee, shall be installed prior to the date of occupancy by any Owner, lessee or sublessee of such lot or date of substantial completion of the building, whichever occurs first, unless the Design Review Committee shall have approved in writing another final date of landscape installation. 1.8 No Liability for Approval Errors. Declarant, the Association, the Board, the Design Review Committee, and their respective agents, employees, members or officers shall not be liable for any damage, loss or prejudice suffered or claimed by any Person on account of (i) the approval or disapproval of any plans or specifications for Improvements in conformance with this Declaration; (ii) the construction or performance of any work or improvement; (iii) any defects in any plans, drawings, specifications or other documentation or any structural or other defects in any work, whether or not pursuant to approved plans or specifications; or (iv) the development of any Parcel within the Property; provided, however, that nothing in this Paragraph 1.8 shall prohibit any claim against any Person by reason of the construction of Improvements by or on behalf of such Person. ARTICLE H - ASSOCIATION 2.1 Organization and Membership. Every Owner shall automatically upon becoming the record Owner of a Parcel be a member of the Carlsbad Ranch Maintenance Association n (the "Association") and shall remain a member until such time as the Owner ceases to be an Owner for any reason, at which time its membership in the Association shall automatically cease. Such membership shall be appurtenant to and pass with the ownership of the Parcel. Declarant shall form the Association promptly after the recordation of this Declaration in the Official Records. The Association shall be organized as a California corporation under the California Nonprofit Corporation Law. 2.2 Duties. The Association shall be charged with the duties prescribed by law and set forth in this Declaration, the Association articles ("Articles") and bylaws ("Bylaws"), including, without limitation, the following: (a) Fix, levy, collect and enforce assessments. (b) Maintain, repair and manage the Landscape Maintenance Areas and all facilities and Improvements located thereon, and any other areas, facilities and Improvements required by this Declaration. (c) Discharge by payment, if necessary, any lien against the Landscape Maintenance Areas. (d) Maintain such policy or policies of insurance as it deems necessary, to the extent available at a reasonable cost. (e) Pay all expenses and obligations incurred by the Association in the conduct of its business. I 2.3 Powers. The Association shall have the following powers and rights, in addition to those provided elsewhere in this Declaration, the Articles and the Bylaws and those powers granted to a nonprofit mutual benefit corporation pursuant to the California Corporations Code: (a) Acquire, own, convey, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. (b) Levy and collect Assessments pursuant to Article IV and to perfect and enforce liens in accordance with the provisions of Article VI. SDR2X681652-18 (c) Borrow funds to pay costs of operation, secured by assessment revenues due for succeeding years. (d) Contract for goods and/or services for the performance of any power or duty of the Association. (e) Delegate its authority and powers to committees, officers or employees of the Association. (f) Enforce this Declaration pursuant to Article VI. (g) Employ a manager and to contract with independent contractors or managing agents to perform all or any portion of the duties and responsibilities of the Association. (h) Grant reasonable variances from the provisions of this Declaration from time to time, as the Board may deem, in its sole discretion, to be in the best interests of the Carlsbad Ranch, in order to overcome practical difficulties and to prevent unnecessary hardship in the application of the provisions contained herein; provided, however, that: (i) a variance shall not materially injure any of the Parcels or Improvements in the Carlsbad Ranch; (ii) the Owner seeking the variance shall otherwise be subject to and conform with all applicable Government Regulations; and (iii) any such variance shall be in keeping with the general plan for the improvement and development of the Property. No variance granted pursuant to the authority granted herein shall constitute a waiver of any provision of this Declaration, except with respect to a particular variance granted and shall not set a precedent for issuance of any other variance. 2.4 Voting. The Association bylaws shall provide that voting shall be allocated for each of the parcels within the Property in accordance with the following schedule: PARCEL 1 2 3a 3b 4 *5a 5b ASSOCIATION VOTING i- ACRES (NET) VOTES Agriculture Retail (Craig Realty Group) Retail (Craig Realty Group) (Lot 3 of CT 92-7) Golf GIA Option Parcel GIA (Lot 5 of CT 92-7) Golf 53.80 15.95 10.70 45.60 10.87 10.06 26.45 .00 15.95 10.70 22.80 10.87 10.06 13.22 SDR2X681652-18 PARCEL *6a 6b 7 8 9 10 11 12 13 14a 14b 15 16 17 18 19 Public ASSOCIATION- VOTING ACRES(NET) VOTES GIA (Lot 6 of CT 92-7) R&D R&D R&D (NAMM) R&D R&D R&D R&D Private Street "D" Hotel/Retail (Lot 14 of CT 92-7) R&D R&D Open Space Resort (Estate Holding) LEGOLAND LEGO Drive Roads Total New Specific Plan Acres (Net) (excluding the GIA Parcels and public road rights of way) 7.70 4.84 4.95 3.95 5.77 5.78 4.00 3.79 1.97 10.-3 3.38 3.45 10.00 52.89 128.32 .88 21.74 407.82 7.70 4.84 4.95 3.95 5.77 5.78 4.00 3.79 .00 10.48 3.38 3.45 .00 52.89 128.32 .00 .00 305.14 * = Not Applicable unless and until the GIA Parcels are covered by this Declaration. The allocation of votes is based upon one vote for each net acre in a Parcel, except any acreage zoned exclusively for private street, agriculture and/or open space ose shall be excluded and any acreage zoned exclusively for golf use shall be afforded only a one-half vote for each net acre. A fractional vote shall be allocated for each fractional net acre. Should more than one person hold an ownership in any parcel, other than solely as security for an obligation, then the vote shall be allocated as such Owners agree, or in the absence of such agreement, in proportion to their interests therein in the manner provided in such bylaws. Any action by the Association which must have the approval of the membership of the Association before being undertaken shall require the vote or written assent of more than fifty percent (50%) SDR2X681652-18 of the votes held by ail Owners. If the net acreages of any of the Parcels covered by this Declaration hereafter change as a result of boundary adjustments reflected in a Final Map or lot line adjustments between or among any of the Parcels, or if any additional property is annexed to the Property subject to this Declaration, the allocation of votes described in this Article n and the assessments described in Article IV shall be proportionately adjusted. ARTICLE m - MAINTENANCE 3.1 Maintenance and Repair by Association. The Association shall be responsible for the maintenance and repair of all of the Landscape Maintenance Areas (as defined below) within the Property. The Association may hire a qualified landscape maintenance company to perform such maintenance and repair. Such obligation shall not apply to public improvements, the responsibility for which has been assumed by the City of Carlsbad. "Landscape Maintenance Areas" shall mean and refer to those portions of the Property depicted in Exhibit H attached hereto and incorporated herein on which are located plantings, ground cover, planted trees, shrubs, other plant materials, irrigation systems and equipment, walls, sidewalks, embellished pavement, signs, and other landscaping improvements over which the Association shall have an easement and which are to be maintained by the Association in accordance with the provisions of this Declaration. The Landscape Maintenance Areas depicted in Exhibit H may be revised, supplemented or expanded by either a Supplemental Declaration unanimously approved by the Board or adopted by amendment to this Declaration. The Landscape Maintenance Areas shall include, without limitation, all landscaped areas within any public right-of-way within the boundaries of the Carlsbad Ranch Master Tentative Map, except (i) the medians in Palomar Airport Road and Cannon Road, which are to be maintained by the City and (ii) the medians and roundabout in LEGO Drive, which are to be maintained by the Parcel 18 Owner. If other real property is later annexed to this Declaration, the Landscape Maintenance Areas shall then include such portions of the annexed property designated as Landscape Maintenance Areas. Without limiting the generality of the foregoing nor the description of the powers and duties of the Association, the Association shall be required to accomplish the following, subject to the obligations of any individual Owners pursuant to Paragraphs 3.7 and 3.8 below: (a) Clean, maintain and repair the community entries, slopes, parkways, signage, medians, lighting, landscaping, irrigation systems, and other improvements within the I ndscape Maintenance Areas. (b) Maintain and/or coordinate with any utility or similar service company as may be required in connection with the installation, maintenance, repair or relocation of all gas lines, electric lines, utility lines and all easements therefor and all connections thereof located in or serving the Landscape Maintenance Areas. (c) To the extent located within the Landscape Maintenance Areas, maintain and repair all slopes (whether manufactured or natural), and all SDR2X681652-18 landscaping and open space, fences, irrigation and erosion control improvements and perform all other work, including without limitation, brush clearance and pruning within any fire suppression zones as required by the Carlsbad City Landscape Guidelines, maintain and repair the water conservation improvements (immediately down stream from any portion thereof owned and/or maintained by the City or any other local government agency regulating the use of reclaimed water or such improvements), maintain and repair any and all concrete terrace drains and other drainage, erosion control improvements, catch basins, siltation improvements (including any equipment and/or monitoring program related thereto). 3.2 Public Trail System. Easements are hereby reserved for and established in favor of Declarant, together with the right to grant the same to the Association, Owners or others in, over and across all those portions of the Carlsbad Ranch subject to use as a part of the trail system. To the extent reasonably feasible, the easements shall not be located within any portion of Parcel 18, other than the portion of Parcel 18 subject to either a City or private setback requirement and adjacent to Palomar Airport Road, Hidden Valley Road or Parcel 17 (the parcel zoned for resort use). The Association shall maintain the trail system; provided, however, the Association shall have full power and authority to submit an application to the City of Carlsbad to either (i) establish or create a district for the perpetual maintenance of the trail system or any other portions of the Landscape Maintenance Areas which are required to be made available for public use, or (ii) annex into an existing maintenance district the trail system or any other portions of the Landscape Maintenance Areas which are required to be made available for public use. Owners shall not have individual responsibility for the maintenance of any portion of the trail system located on an Owner's parcel. 3.3 Private Street Maintenance to City Standards. Except as described in Paragraphs 3.7 and 3.8 below, the Association shall maintain and repair all private streets (including the pavement, medians, sidewalks and street lights) designated as such on the Carlsbad Ranch Master Tentative Map. The Association shall maintain such private streets in a safe, functional and attractive condition that is consistent with the standards adhered to by the City of Carlsbad for the maintenance of similar public improvements. \ 3.4 Storm Drain Maintenance. The surface of the storm drainage easements shown on final maps for the Property and all desiltation detention basins, concrete terrace drains and und< .ground storm drains and storm drainage disposal facilitie: located within such storm drainage easements shall be maintained by the Association where located within Landscape Maintenance Areas and by the Owner of each parcel where located within an individual parcel (and not otherwise located within the Landscape Maintenance Areas) free of any obstructions which would interfere with the normal collection, passage and disposal of storm waters accumulating within or flowing through the Property. SDR2N681652-18 3.5 Sewer Facilities Maintenance. Sewer mains and other sewer facilities located within the private sewer easements shown on any final maps shall be maintained by the Association if located within the Landscape Maintenance Areas and by the Owner if located within an individual Parcel free of any obstructions which interfere with the normal passage of sewage to the public sewer system and shall also be maintained free of unreasonable amounts of inflow or infiltration; provided, however, that each Owner of a parcel shall be individually responsible for maintaining any sewer lateral which connects the sewer system serving a building or structure on the parcel to a sewer basin located within the private sewer easements even though a portion of such sewer lateral is located within the boundaries of the private sewer easements. 3.6 Reservation of Easements. Easements are hereby reserved for, granted to and established in favor of the Association, its successors and assigns, together with the right to grant or transfer the same to its agents, in, over, under and across all such portions of the Property adjacent to or connecting the Landscape Maintenance Areas as are (i) reasonably necessary to discharge the maintenance and repair obligations of the Association as described herein, (ii) reasonably necessary to enter upon, maintain and repair fences, fire suppression zones and the slopes, landscaping and improvements located within the Landscape Maintenance Areas and (iii) reasonably necessary to maintain and repair fences and walls to the extent located within the Landscape Maintenance Areas. 3.7 Parcel 18 Owner Maintenance Obligations. Notwithstanding anything to the contrary in this Declaration, and in consideration for Parcel 18 Owner being excluded from all obligations to pay any maintenance assessments arising from this Article, the Parcel 18 Owner shall, at its sole cost and expense, maintain and repair the following: (a) Any portion of the private street portion of LEGO Drive to the extent within the street right-of-way (including the pavement, sidewalks, street lights, storm drains and sewer facilities located therein but excluding any underground portion of the major storm drain within LEGO Drive which collects surface water from parcels north of Parcel 18) in a safe, functional and attractive condition that is in compliance with the standards imposed by the Amended Specific Plan and the City of Carlsbad for the maintenance of such public street improvements; (b) All slopes (whether manufactured or natural), parkways, signa^e, medians, lighting or other improvements within the LEGO Drive right-of-way and on the east and west sides of the curbs of both the private and public portions of LEGO Drive from its terminus at Parcel 18 to Cannon Road, including, without limitation, any landscaping and fences, irrigation and erosion control improvements within the right-of-way and the roundabout; (c) All slopes (whether manufactured or natural), parkways, signage, lighting or other improvements within the right-of-way of Hidden Valley Road to the SDR2X681652-18 extent contiguous to Parcel 18 and west of the western curb of Hidden Valley Road; and (d) All slopes (whether manufactured or natural), parkways, signage, lighting or other improvements within the right-of-way of Palomar Airport Road to the extent contiguous to Parcel 18 (north of the northern curve of Palomar Airport Road), including, without limitation, any landscaping, fences, irrigation and erosion control improvements. 3.8 Maintenance and Repair of Individual Projects. Except as specifically imposed on the Association above, the maintenance and repair of all Improvements, slopes, landscaping, drainage, erosion control and other improvements (including, without limitation, extension of or connections to water conservation improvements permitted by the City and/or other governmental agencies having jurisdiction over same) which are located within the boundaries of a Parcel, together with all private streets and private street signs within a Parcel, shall be the responsibility of the Owner of such Parcel. 3.9 Owner Failure to Maintain. In the event any Owner fails to maintain, repair or install Improvements or otherwise perform its maintenance obligations under this Declaration on any portion of such Owner's Parcel as required herein in accordance with this Declaration and any standards established from time to time pursuant to the design review under Article I above, the Board of Directors shall have the right, to cause such maintenance, repair or installation to be accomplished as follows: (a) Upon finding by the Board of a deficiency in such maintenance, repair or installation or other breach of such obligation, the Board shall give notice of such deficiency, failure or breach to the responsible Owner which notice shall briefly describe such deficiency, failure or breach and set a date for hearing before the Board or a committee selected by the Board for such purpose which hearing shall be held, if called, not less than ten (10) nor more than thirty (30) days from the date of the notice. (b) Such hearing shall be conducted according to such rules and procedures as the Board shall adopt and which rules and procedures shall provide the Owner with the right to present oral and written evidence and to confront and cross-examine adverse witness 3s. If the Board or committee renders a decision against the responsible Owner, the Board or committee shall further set a date (reasonably related to the nature of the deficiency, failure or breach) by which the deficiency, failure or breach is to be corrected by the reasonable Owner. A decision of the committee may be appealed to the Board within fifteen (15) days after the committee sends written notice to such Owner of the committee's decision, but a decision of the Board shall be final. SDR2\681652-18 (c) If the deficiency, failure or breach continues to exist after any time limitation imposed by the committee and if such decision is not appealed to the Board, the Board may cause such deficiency, failure or breach to be performed or cured. (d) If the Board elects to cause such maintenance, repair or installation to be performed, the Board shall give ten (10) days' notice to the Owner of such election within which the Owner is to select a date not less than fifteen (15) nor more than forty-five (45) days following such notice by the Board within which such maintenance, repair or installation shall be performed or cured. If within such ten (10) day period the Owner has not selected such a date for performance or cure, the Board may select a date which shall not be less than ten (10) nor more than sixty (60) days from the date of the Board's original ten (10) day notice within which Owner shall perform or cure the deficiency, failure or breach involved. Unless the Owner and the Board otherwise agree, such maintenance, repair or installation shall take place only during daylight hours on any day, Monday through Friday, excluding holidays. (e) If the Association pays for all or any portion of the performance or cure of such maintenance, repair or installation, or if such Owner does not select a date as provided above upon which such maintenance, repair, installation, or cure is to be performed or cured or does not perform such maintenance, repair or installation on or before the date set by the Board and if the owner does not otherwise agree in writing that entry onto such parcel or other ownership interest may be had by the Association or its delegates for such purpose, the Association may seek appropriate judicial relief and/or the Board may levy an assessment ("Reimbursement Assessment") against such Owner's Parcel (i) to recover costs incurred by the Association as a result of such Owner's willful or negligent acts or failure to comply with this Declaration or any other Project Documents, and (ii) to recover costs incurred by the Association in removing any lien against the Landscape Maintenance Areas caused by such Owner. 3.10 Pollutant Discharge Elimination. As part of Declarant's management plan for the reduction of surface pollutants arising from the development of the Carlsbad Ranch, Declarant hereby notifies Owners and all future lessees of property within in the Carlsbad Ranch of the following: (a) Owners and all lessees of property within the Carlsbad Ranch shall coordinate efforts to establish (or work with established) disposal programs to remove and properly dispose of toxic and hazardous waste products. (b) Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into any storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments SDR2X681652-18 shall meet federal, state, county and city requirements as prescribed in their respective containers. (c) Owners and all lessees of property within the Carlsbad Ranch shall not perform any changes to landscaping or surface improvements without complying with best management practices as referenced in the "California Storm Water Best Management Practices Handbook" in order to eliminate or reduce surface pollutants when planning any landscaping or surface improvements to their respective parcels. (d) Each Owner must adopt a program of best management practices appropriate for its parcel based upon the proposed development and use of its parcel and any other relevant circumstances. An example or a sample of a program of best management practices for an office manufacturing building is contained in Exhibit I attached hereto and incorporated herein. All leases of property within the Carlsbad Ranch shall include a provision obligating tenants to comply with the program of best management practices applicable thereto. 3.11 Enforcement of Maintenance Obligations. Notwithstanding the provisions of Article VI below, the Association, the Owner of any benefitted Parcel and the City of Carlsbad shall have the right to enforce the maintenance obligations and covenants set forth in this Article HI, provided, however, no person shall demand, require, or otherwise compel the City of Carlsbad to exercise its right under this Paragraph 3.11. 3.12 Leasing. The Owner of any Parcels within the Carlsbad Ranch shall be responsible for any and all lessees' compliance with the provisions of this Declaration. ARTICLE IV - ASSESSMENTS 4.1 Agreement to Pay Assessments. Declarant and each other Owner hereby covenant and agree, on behalf of themselves and each successor Owner of a parcel within the Property by acceptance of a deed therefor is deemed to covenant and agree, to pay maintenance and other assessments to the Association as authorized pursuant to this Declaration. 4.2 Allocation of Assessments. (a) General. Any assessments must be reasonable and shall be levied among the Parcels on a basis equivalent to the number of votes afforded each parcel, excepting any acreage zoned exclusively for golf use shall be levied assessments as if the number of votes afforded such golf acreage is only a one-quarter vote for each net acre (even though any acreage zoned exclusively for golf use shall be afforded a one-half vote for each net acre pursuant to Article n above). Each Owner of a Parcel shall pay assessments incurred by the Association multiplied by a fraction, the SDR2 \681652-18 numerator of which shall be the number of votes afforded such parcel and the denominator of which shall be the total number of votes of all parcels within the Property, except for Reimbursement Assessments which shall be levied in accordance with Paragraph 3.9. (b) Parcel 13. Notwithstanding the foregoing, assessments for maintenance with respect to the private street constituting Parcel 13 shall be levied exclusively among the Owners of Parcels 6 through 12, inclusive, 14b and 15 (i.e., the R&D Parcels) on a pro rata basis comparing the number of votes afforded each such Parcel in relation to the total number of votes attributable to all of the R&D Parcels. (c) Parcel 18 Owner. Notwithstanding Paragraph 4.2(a), in consideration for the Parcel 18 Owner assuming responsibility for one hundred percent (100%) of the costs of performing the obligations described in Paragraph 3.7 above, it shall not have any obligation to contribute to the cost of maintaining or repairing any slopes, parkways, signage, median, lighting, or other improvements within the Landscape Maintenance Areas. A separate formula shall be adopted for the maintenance cost incurred by the Association in performing its obligations under Paragraphs 3.1, 3.2, 3.3, 3.4 and 3.5 above, which formula shall be the same as the one contained in the preceding sentence except that the denominator shall exclude the number of votes afforded the Parcel 18 Owner because the Parcel 18 Owner shall not be required to contribute towards such maintenance cost. (d) Change in Allocations. A separate formula shall be adopted upon annexation or rezoning of any portion of the Carlsbad Ranch currently designated for agricultural use or open space accompanied by a change in zoning to other uses. This formula shall reflect only the improvements required to be maintained by Association as a result of such use and the following: (1) If access is taken from Armada Drive, and not from a separate roadway, then a portion (if any) of all maintenance related to Armada Drive shall be allocated to such rezoned area, on a net acreage basis. (2) i If a common detention basin or other Association maintained storm water! system is utilized by such rezoned property, then a portion of such maintenance shall be allocated to such rezoned area, on a net acreage basis. 4.3 Annexation. (a) GIA Annexation. Declarant shall use its reasonable efforts to annex the GIA Parcels to the Property by recording a notice of annexation in the Official Records. Declarant and all of the other Owners agree in advance to annex, if possible, the GIA Parcels to the Property covered by this Declaration, and Declarant and all of the other Owners authorize the Board to execute any notice of annexation and/or amendment to this Declaration in connection with the annexing of the GIA Parcels to the Property covered by this Declaration. Upon such annexation, the term SDR2X681652-18 "Property" as used herein shall be defined to include such annexed parcels, and such parcels shall be subject to all of the terms and conditions of this Declaration. At such time as the GIA Parcels are annexed into the Property covered by this Declaration, the allocation of votes and the assessments described in Article IV above shall be proportionately adjusted. Until the GIA Parcels are annexed into the Property covered by this Declaration, the GIA Parcels shall continue to be subject to the First CC&Rs, and any assessments assessed against the GIA Parcels pursuant to the First CC&Rs shall be used by the Association (to the extent received by the Association) for the purpose of paying the maintenance costs incurred by the Association pursuant to Article El above as if the GIA Parcels are included within the Property covered by this Declaration. (b) Annexation Generally. Except as provided in Paragraph 4.3(a), any other real property may be later annexed to this Declaration by amendment to this Declaration. 4.4 No Offsets. All assessments shall be payable in the amounts specified by the particular assessment, and no offsets against such amount shall be permitted for any reasons, including, without limitation, a claim that the Association is not properly exercising its duties of maintenance, operation or enforcement. 4.5 Transfer of Property. After transfer of any Parcel within the Carlsbad Ranch, the transferring Owner shall not be liable for any assessment levied on the transferred Parcel after the date of transfer and delivery of written notice of such transfer to the Association. The transferring Owner shall remain responsible for all assessments and charges levied on its Parcel prior to any such transfer. ARTICLE V - PROHIBITED USES AND PROTECTION OF VIEW CORRIDORS 5.1 Permitted Uses. Unless otherwise specifically prohibited herein, permitted uses shall include those uses permitted by the Amended Specific Plan, as amended by the City ("Permitted Uses"). 5.2 Prohibited Uses. No parcels within the Carlsbad Ranch shall be used for any of the following uses ("Prohibited Uses"): (a) Residential use (i.e., single-family or multi-family residential dwelling units, but not including either (i) an- hotel/timeshare use or similar lodging concepts or (ii) any use of dormitories or similar kinds of residential facilities for students or faculty on Parcel 4) before the year 2002 and thereafter residential use shall be prohibited only on Parcels within the Central Ranch Area (i.e., Parcels 1, 5b, 9, 10, 11, 14a, 14b and 15). If the GIA Parcels are annexed to the Property covered by this Declaration as contemplated in Section 4.3 above, any use of dormitories or similar kinds of residential facilities for students or faculty on the GIA Parcels shall not be a Prohibited Use. SDR2X681652-18 (b) Indoor or outdoor theme parks, water parks, amusement or recreation centers, zoos, circuses, carnivals or other family entertainment facilities comparable in character or scale to LEGOLAND or which otherwise compete with LEGOLAND, as reasonably determined by the Parcel 18 Owner; provided, however, an outdoor theme park shall not be a Prohibited Use for Parcel 18; (c) Uses involving any noxious odors or danger of fire or explosion, including drilling for and removing oil, gas or other hydrocarbon substances or refining of petroleum or petroleum products or the commercial storage thereof, or smelting of any ore, to the extent, that the foregoing would have an adverse impact on the use of any other Parcels within the Carlsbad Ranch; (d) Uses involving excessive emission of dust, fumes, smoke, steam, heat, vapor, noise or radiation to the extent such uses are not contained within a structure and to the extent that the foregoing would have an adverse impact on the use of any other Parcels within the Carlsbad Ranch; (e) Uses involving or emitting air or water pollution or violating applicable zoning or any other governmental laws or regulations; (f) Except for customary access, maintenance and construction, all business and other activities (excepting only al fresco dining which shall be permitted) within the Central Ranch Area shall be conducted within the buildings and other enclosures permitted thereon and there shall be no outside display or sale of merchandise within the Central Ranch Area except as expressly permitted by this Declaration or the Design Guidelines; (g) Hospitals, sanitariums, health or veterinary clinics exceeding 10,000 square feet in any one instance or as other than ancillary uses within the Central Ranch Area; (h) Exploration or mining operations which involve surface disruptions to the site or which otherwise interfere with the use of any other Parcels within the Carlsbad Ranch; (i) Waste disposal, or other dumping, incineration or reduction of garbage, sewage, offal, dead animals or other refuse or junk yards or recycling sites; (j) Cemeteries; (k) Stockyard or slaughter of animals; (1) Gambling facilities and casinos; (m) "Adult" bookstores, movie theaters, nightclubs or other objectionable sexually oriented facilities; SDR2N681652-18 10 (n) Jail or honor farms; and (o) Fast food restaurants or concessions or free standing restaurants within the Central Ranch Area. 5.3 View Corridors. In no event shall any Improvements be constructed encroaching into the protected view corridors described as follows: (a) From Interstate 5 in a northeasterly direction toward Parcel 18, depicted as View Corridor 1 on Exhibit T attached hereto; (b) From Parcel 18 in a westerly direction over Parcels 6, 7, 8 and toward the Pacific Ocean, depicted as View Corridor 2 on Exhibit T; and (c) From Interstate 5 in a southeasterly direction toward Parcel 18, depicted as View Corridor 3 on Exhibit T. (Referred to individually as "View Corridor 1," "View Corridor 2" and "View Corridor 3" and collectively as the "View Corridors.") The purpose of View Corridor 1 is to protect an unobstructed partial view of Parcel 18 (LEGOLAND) from the northbound lanes of 1-5, the purpose of View Corridor 2 is to protect an unobstructed partial view of the Pacific Ocean from Parcel 18, and the purpose of View Corridor 3 is to protect an unobstructed partial view of Parcel 18 from the southbound lanes of 1-5. The View Corridors may not be changed or materially obstructed without Parcel 18 Owner's prior written consent. 5.4 Protection of View Corridors. In order to protect the views contemplated by the View Corridors, the following restrictions or limitations shall be applicable: (a) No improvement shall exceed the higher of three (3) stories or forty-five (45) feet in height as projected to a vertical plane, on any of the R&D Parcels (the Parcels zoned for Research and Development/Office use (39 acres)) and Parcel 14a (the Parcel zoned for Community Hotel and Retail use (10 acres)) (collectively, the "View 'Corridor Parcels"). A variance in excess of any of these limitations may be granted upon application for review and approval by the Design Review Committee for architectural decorations only. (b) The building pads on the View Corridor Parcels shall be rough graded in accordance with the mass grading specifications set forth in the tentative subdivision map covering the Research and Development/Office and Community Hotel and Retail portions of the Carlsbad Ranch as approved by the City. (c) Improvements on the View Corridor Parcels shall not be monolithic in appearance or located (i.e., configured) so as to create the appearance of a solid barrier, thereby obstructing views. SDR2X681652-18 20 ARTICLE VI - ENFORCEMENT 6.1 Court Action. The Association and any Owner shall have the right to commence and maintain actions for damages or to restrain and enjoin any actual or threatened breach of any provision of this Declaration. 6.2 Liens. In the event any Owner fails to comply with the terms of this Declaration including, but not limited to, the assessments described in Article IV, then the Association may take any action necessary to bring such delinquent Owner and/or lot into conformity with this Declaration. Any costs incurred by the Association to bring the delinquent Owner and/or lot into conformity shall be assessed to the Owner and shall be immediately due and payable upon the delinquent Owner's receipt of the Association's written notice of assessment. (a) Right to Enforce. The right to collect and enforce assessments is vested in the Association. The Association can enforce the obligation of any Owner to pay any assessment by commencement and maintenance of a suit at law or in equity, or the Association may foreclose by judicial proceedings or through the exercise of the power of sale pursuant to Paragraph 6.2(c) to enforce the lien rights created. Suit to recover a money judgement for unpaid assessments shall be maintainable without foreclosing or waiving the lien rights. (b) Creation of Lien. If any Owner of a lot fails to pay any assessment within thirty (30) days after receiving a written notice of assessment, the assessment and all costs that are incurred by the Association or its authorized representatives in the collection of the amounts, including reasonable attorneys' fees and court costs shall be a lien against such lot upon the recordation in the Official Records of a notice of delinquent assessment. The notice of delinquent assessment shall not be recorded unless such delinquency has not been cured within thirty (30) days after delivery of the notice of default and demand for payment. The lien shall expire and be void unless within one (1) year after recordation of the notice of delinquent assessment the Association or its authorized representative records a notice of default as provided in this Declaration or institutes judicial foreclosure proceedings. (c) Notice of Default: Foreclosure. Not more than one (1) year nor less than ten (10) days after the recording of the notice of delinquent assessment, the Association or its authorized representative may record a notice of default and car. cause the lot to be sold by trustee's sale (i.e., by power of sale) in the same manner as a sale is conducted under California Civil Code Sections 2924, 2925b-2924c, or through judicial foreclosure. However, as a condition precedent to the holding of any such sale under Section 2924c appropriate publication shall be made. In connection with any sale under Section 2924c, the Association is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the SDR2N681652-18 Association or its authorized representative shall cause to be recorded in the Official Records a certificate setting forth the satisfaction of such claim and release of such lien on payment of actual expenses incurred, including reasonable attorneys' fees, by any delinquent Owner. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire, hold, lease, mortgage and convey the lot. (d) Waiver of Exemptions. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to this Article VI the benefit of any exemption laws of California in effect at the time any assessment becomes delinquent or any lien is imposed. ARTICLE VH - MORTGAGEE PROTECTIONS 7.1 Breach Shall Not Defeat Mortgage. A breach of any of the terms, conditions, covenants, or restrictions of this Declaration shall not defeat nor render invalid the lien of any Mortgage but such terms, conditions, covenants or restrictions shall be binding on and effective against any of the parties whose title to the Property or any portion thereof is acquired by foreclosure, trustee's sale or otherwise. 7.2 Subordination of Lien and Foreclosure. Any lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of any Mortgagee unless the Mortgagee expressly subordinates its interest, in writing, to such lien. The foreclosure of any lien created by any provision set forth in this Declaration for assessments shall not impair the lien of such Mortgage. 7.3 Notification of Breach and Right to Cure. (a) Any Mortgagee, upon written request stating which Parcel(s) is/are encumbered by such Mortgage, shall be entitled to written notification from the Association of any default by the Owner of the Parcel(s) subject to such Mortgage in the performance of such Owner's obligations under this Declaration or the Bylaws. Except as provided in this Paragraph 7.3, a Mortgagee's rights pursuant to this Declaration, including, without limitation, the priority of the lien of Mortgages over the lien of assessments Levied by the Association hereunder shall not be affected by the failure to deliver a notice to the Board. (b) Any Mortgagee shall have the right, but not the obligation, to pay any assessments, to make any repairs and improvements, and to do any act or thing which may be necessary and proper to be done in the performance and observance of the agreements, covenants and conditions hereof to prevent or cure a breach or default by an Owner under this Declaration and shall be as effective as the same would have been if made, done and performed by the Owner instead of by the Mortgagee. 7.4 Estoppel Certificate. The Association shall, at the request of any Owner or Mortgagee, furnish to such requesting Owner and/or Mortgagee a certificate in SDR2X681652-18 writing signed by an officer of the Association stating (i) the nature and extent of assessments to which the Owner's Parcel is subject, the due dates thereof, and whether or not any delinquency exists; and (ii) whether or not, to the actual knowledge of the Association, the Owner is in compliance with its obligations under this Declaration. ARTICLE Vm - BINDING EFFECT, DURATION FUTURE AMENDMENTS This Declaration may be amended by the consent of the Owners of more than two-thirds (2/3) of the total number of votes allocated to all of the parcels comprising the Property. In addition to the foregoing, Articles HI, XI and XII of this Declaration may not be amended or revoked without the prior written consent of the City of Carlsbad Planning Director. The covenants, conditions and restrictions set forth in this Declaration shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this Declaration is recorded. Thereafter, this Declaration shall be automatically extended for successive periods of ten (10) years unless the Association records a document changing the duration of this Declaration. ARTICLE IX - NOTICES All notices and deliveries provided for herein shall be in writing and deemed to have been given or made when personally delivered or mailed, postage prepaid, addressed to the receiving party at an office where it conducts business, or such other place as the parties may designate in writing from time to time for such purpose. Notice to the Association shall be delivered to the Association's principal place of business as filed with the Secretary of State of the State of California. ARTICLE X - NOTICE OF DEED RESTRICTION Notice is hereby given to all current Owners and prospective owners of property within the Carlsbad Ranch that Parcel 1 of the Carlsbad Ranch (also known as the Flower Fields Planning Area in the New Specific Plan) and more particularly described in Exhibit E attached hereto and incorporated herein, is subject to a deed restriction which limits its use to flower production. The provisions of such deed restriction are fully contained in that certain Deed Restriction recorded in the Official Records on July 10, 1996, as Document No. 96-0343957. ARTICLE XI - NOTICE OF AGRICULTURAL USE Owners of property within the Carlsbad Ranch are hereby notified that certain areas within the Carlsbad Ranch are currently used for agricultural purposes. As such, such areas produce dust, pesticides and odors associated with farm operations. Any Owner of a Parcel adjacent to land used for agricultural purposes shall notify SDR2X681652-18 any of such Owner's tenants (other than any tenants pursuant to a lease for a term of less than thirty (30) days) of the foregoing and that such property is occupied at the occupier's own risk. ARTICLE XE - NOTICE OF PROHIBITION AGAINST REMOVAL OF NATIVE VEGETATION AND DEVELOPMENT OF PARCEL 16 Owners of property within the Carlsbad Ranch are hereby notified that the removal of native vegetation and development of Parcel 16 (Open Space) is specifically prohibited (other than as approved as part of a grading plan, improvement plan, biological revegetation program, landscaping plan or the" Amended Specific Plan), except upon written order of the City of Carlsbad Fire Department for fire prevention purposes or upon written approval of the City of Carlsbad Planning Director and California Coastal Commission based upon a request from the Association accompanied by a report from a qualified arborist or botanist indicating the need to remove specifically identified trees and/or plants because of disease or impending danger to adjacent structures. If any such request includes area containing native vegetation, the report required to accompany the request must be prepared by a qualified biologist. ARTICLE XIH - COPIES OF DOCUMENTS Upon the transfer of any lot within the Property, or upon the ground leasing of any such lot, the transferor shall deliver a copy of this Declaration as may be amended to the date of such transfer to the transferee or lessee. Within thirty (30) days after such transfer, such transferee shall deliver written notice thereof to the Association and the failure of the transferee to deliver written notice thereof shall not invalidate this Declaration or make it unenforceable as to such transferee. ARTICLE XIV - COUNTERPARTS This Declaration may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. ; ARTICLE XV - GENERAL PROVISIONS 15.1 Definitions. The following defined terms shall have the following meanings: (a) "Articles" means the Articles of Incorporation of the Association which are or shall be filed in the Office of the California Secretary of State, as amended and supplemented from time to time. SDR2\6S1652-18 (b) "Assessment" means certain costs of the Association to be paid by the Owner of each Parcel, as determined by the Board pursuant to Article IV. (c) "Association" means the Carlsbad Ranch Maintenance Association n, a California nonprofit mutual benefit corporation. (d) "Board" or "Board of Directors" means the Board of Directors of the Association, as the same may be constituted from time to time. (e) "Bylaws" means the Bylaws of the Association, as amended and supplemented from time to time. (f) "Central Ranch Area" means the portion of the Carlsbad Ranch designated as Parcels 1, 5b, 9, 10, 11, 14a, 14b and 15 in the Site Plan. (g) "City" means the City of Carlsbad, California, a municipal corporation. (h) "Landscape Maintenance Area(s)" means the Landscape Maintenance Areas shown on Exhibit H as slope area, detention/desiltation basin area, parkway area, median area, trail area, open space area, promenade area and promenade wall, and any bus shelters, and any other portion of the Property or off- site areas over which all Owners and/or the Association have rights or obligations of use, beneficial enjoyment or maintenance obligations pursuant to the terms of this Declaration or the conditions of approval of the Final Map, or any other governmental approval affecting the Property. The location of the initial Landscape Maintenance Areas within the Property subject to this Declaration are identified on Exhibit H. The Landscape Maintenance Areas indicated on Exhibit H may be modified from time to time to change the location or configuration thereof or to reflect the requirements of the City or other governmental authorities by recordation of a Supplemental Declaration unanimously approved by the Board or adopted by amendment to this Declaration. (i) "Member" means every Owner who is a Member of the Association pursuant to'Article n. (j) "Mortgage" means any mortgage or deed of trust made in good faith and for value which is secured in whole or in part by an Owner's interest in its Parcel. (k) "Mortgagee" means any holder of a beneficial interest under any Mortgage. (1) "Owner" means the record owner, whether one or more Persons, of fee simple title to any Parcel or Parcels within the Property, including Declarant, SDR2X681652-18 but excluding those holding such an interest merely as security for the performance of an obligation. (m) "Person" means a natural person, a corporation, a limited liability company, a partnership, a trustee, or other legal entity. (n) "Project Documents" means this Declaration, the exhibits attached hereto, the Articles and the Bylaws, all as amended or supplemented from time to time. (o) "Property" means all of the of real property, including all facilities and Improvements located thereon, which is hereby subjected to this Declaration. The Property is also referred to herein as the Carlsbad Ranch. 15.2 Assignment of Declarant's Rights and Duties. Any and all of the rights, powers and reservations of Declarant set forth herein may be assigned to any Person, provided such assignee agrees in writing to accept such assignment and to assume the duties of Declarant pertaining thereto. An assignee may succeed to the same rights, powers and reservations and be subject to the same obligations and duties as are herein given to and assumed by Declarant, as a successor Declarant, provided such assignee: (i) holds or acquires record title to all or any portion of the Property; and (ii) Declarant (or a successor Declarant) executes and records a document which expressly names such party as successor Declarant and assigns the rights and duties of Declarant hereunder. Notwithstanding any provision of this Declaration to the contrary, Declarant may, at any time, relieve itself of its rights and obligations under this Declaration by recording a notice stating that Declarant has surrendered such rights and obligations and, upon recordation of such notice in the Official Records, even if it is not specified therein, such powers and obligations shall immediately vest in the Association, ii at any time Declarant ceases to exist and has not made such an assignment, the rights and obligations of Declarant shall automatically vest in the Association. 15.3 Common Interest Subdivision. It is intended that California Civil Code Sections 1351, Et Seq. ap.ply to this Declaration and the Carlsbad Ranch to the extent required by law. To the extent California Civil Code Section 1351, Et Seq. is applicable, the Carlsbad Ranch shall be a planned development type of common interest subdivision. 15.4 Effective Date. This Declaration shall be effective against the Property as of the date upon which it is recorded in the Official Records, but the provisions of Articles m and IV shall only become applicable at such time as Parcel 18 of the Carlsbad Ranch is conveyed to LEGO. Prior to the conveyance of Parcel 18 to LEGO, any assessments shall be controlled by the First CC&Rs. After the conveyance of Parcel 18 to LEGO, this Declaration shall amend and modify the First CC&Rs to the extent that any conflict between the two exists. Notwithstanding the foregoing, if Parcel 18 is not conveyed to LEGO on or before December 31, 2000, the effectiveness SDR2 \681652-18 of this Declaration shall be automatically terminated and thereafter of no force or effect. 15.5 Governing Law. This Declaration shall be governed, construed and enforced in accordance with the laws of the State of California. 15.6 Severability. The provisions of this Declaration shall be deemed independent and severable, and if any competent court holds any provision to be invalid, partially invalid or unenforceable, such invalidity or unenforceability shall not affect or invalidate any other provision. 15.7 Attorneys' Fees. In the event of any action or suit to enforce any of the provisions contained in this Declaration, the party prevailing in such action or suit shall be entitled to recover from the other party thereof as part of the judgment reasonable attorneys' fees and costs of such suit. The "prevailing party" means the party determined by the court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered. The undersigned, Declarant herein, has executed this Declaration on the date set forth below. DATED: ;^ / / / . 1997. CARLSBAD RANCH COMPANY, L.P., a California limited partnership By: CARLTAS COMPANY, a California limited partnership, Its General Partner By: CARLTAS MANAGEMENT, a California corporation, Its General Partner By: SDR2N681652-18 DATED: •.?/ /'/ . 1997. By signing below, the following Owners hereby consent to this Declaration. CB RANCH'ENTERPRJ3ES, a California corporation By: J Christopher C. Calkins, Vice President DATED: DATED: DATED: _, 1997. 1997. 1997. NATIONAL ASSOCIATION OF MUSIC MERCHANTS, INC., a New York not-for-profit corporation By: Larry R. Linkin, President/CEO CARLSBAD ESTATE HOLDING, INC., a California corporation By: Print Name and Title: CRAIG REALTY GROUP - CARLSBAD, LLC, a California limited liability company By: Print Name and Title: SDR2\6S1652-18 By signing below, the following Owners hereby consent to this Declaration. DATED:_ 1997.CB RANCH ENTERPRISES, a California corporation By: Christopher C. Calkins, Vice President DATED:_, 1997.NATIONAL ASSOCIATION OF MUSIC MERCHANTS, INC., a New York not-for-profit corporation » By: Larry R^Linkm, President/CEO DATED:_, 1997.CARLSBAD ESTATE HOLDING, INC., a California corporation By: Print Name and Title: DATED:1997.CRAIG REALTY GROUP - CARLSBAD, LLC, a California limited liability company By: Print Name and Title: SDR2X681652-18 By signing below, the following Owners hereby consent to this Declaration. DATED:^ 1997.CB RANCH ENTERPRISES, a California corporation By: Christopher C. Calkins, Vice President DATED:_, 1997.NATIONAL ASSOCIATION OF MUSIC MERCHANTS, INC., a New York not-for-profit corporation By: Larry R. Linkin, President/CEO DATED: .. 1997.CARLSBAD ESTATE HOLDING, INC., a California corporation By: Print Name and Title:// DATED:_, 1997.CRAIG REALTY GROUP - CARLSBAD, LLC, a California limited liability company By: Print Name and Title: SDR2X681652-18 By signing below, the following Owners hereby consent to this Declaration. DATED:^ 1997.CB RANCH ENTERPRISES, a California corporation By: Christopher C. Calkins, Vice President DATED:_, 1997.NATIONAL ASSOCIATION OF MUSIC MERCHANTS, INC., a New York not-for-profit corporation By: Larry R. Linkin, President/CEO DATED:_, 1997.CARLSBAD ESTATE HOLDING, INC., a California corporation By: Print Name and Title: DATED: V Af .1997.CRAIG REALTY GROUP - CARLSBAD, LLC, a California limited liability company "«£> SDR2 \681652-18 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On Plh^dri I / 1997, before me, the undersigned Notary Public, personally appeared CHRISTOPHER C. CALKINS ^personally known to me o^B proved to basis of saH.<^agtnry ovtrirnrp to be the person's) whose name's) is/arefietenee subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity'ies), and that by his/her/their signature's) on the instrument the person's), or the entity upon behalf of which the person's) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Karen A. Photos'! COMM.JM013025 Q NOTARY PUBUC-CALFORNIA «> MNWEQOCOUKTY MyComm.Eip.Jan.3,199e SDR2X681652-18 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. 1997, before me, the undersigned Notary Public, personallyOn appeared LARRY R. LINKIN D personally known to me or,0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument, and acknowledged to me that hc/ohc/thoy executed the same in his/her/their authorized capacity(ies)/ and that by his/her/their signature^ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) OonvrWon •1115471 Metoy PUMc—CoHMnSonOego County SDR2X681652-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '» State of v_.CU.or/<>< A_i.c--__~- ; : / .0J County of b^ at •'- V6- •5-i-5-5-5!^->i^^-S-5<^^^>-&<i-!i-5-5-i-S-i<ir5^^ s 8 rv-> / > ,- - - - r— .'^. ^ -- • - •• •• • SJ Orr' ^ ^vci^ .^/^ \ ^i>', / beforemeil 'dvc-O---cr- /AV-^-'-<i- ''"Uvd v^, ililUj-U_; ft k \ Date V ' ^-h ^ ' '' - -' \ personally appeared"^--^-1- ^ ~~ t--x_ - '•<- \ '. Name and Title of Officer (e.g., "Jane Doe, Notary Putlicf) JJ 1, ! \ Name(s) of Signer(s) • jfl J ^personally known to me - OR - D proved to me orrtne basis of satisfactory evidence to be the person(^) ^ I whose name(£f Is/are subscribed to the within instrument \ J and acknowledged to me that he/shoAhey executed the iv I same in his/hor/thoir authorized capacity (ies), and that by J v V^-S^^V^T^XN^^ ^^^^^xv^^^^v^ his/hei^heir signature(s) on the instrument the person(s)r 'i 1 ? s^fjh MARGARET IANKASD T3 S ^^?J<«^S^ Corran. 8 10C87SS % } <^S^^£>1 NOTARY PU3UC - cyj^ORAaA S 1 n'v^C^^/ Orangt Counry ^ -U \\ \ \ 0 or the entity upon behalf of which the person(st acted, ^ executed the instrument. & WITNESS my hand and official seal. '^ Signature of Notary Public \ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent > \ J fraudulent removal and reattachment of this form to another document. '} ^ \J Description of Attached Document ) fc . , , . . s~~. 1 V \ ,-— 'Vs.^-- ^J:>^. / ' '1 -i '/J \ \ Title or Tyoe of Document: !.\<-t 6.W"( '•- -'— ' '^ r\ 1— IS V ' - - \ ' "'\\ Document Date: Signer(s1 Other Than Named Above: i J Capacity(ies) Claimed by Signer(s)i Signer's Name:sj\ D Individual \ D Corporate Officer ': S TiHetsY. \ D Partner — D Limited D General [ D Attorney-in-Fact ^ PI Trustee ________ X D Guardian or Conservator pilflpfpfj^;! \ n other* T°P °' tf|umD he }ifl 1) Signer Is Representing:\ j sNumber of Pao.es: |J •\ [( | Signer's Name: ]\ID Individual Y D Corporate Officer J Title(s): ^ D Partner — D Limited D General ]^ D Attorney-in-Fact \ C Trustee ,..,.,..,„ , , .... . JS III G Guardian or Conservator p_H33W?ll-l J re C Other Top of thumb here A J 1Signer Is Representing: | \\ A '! STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO . 1997, before me, the undersigned Notary Public, personallyOn~^~T . /-\ '(-• _ , ' ~^Nsrappeared \OCuJ V_l L,u'V6c r'l gj personally known to me or Ll proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rny"MlgcfarKl^^aal|5eal. ConvrMon* 1127331 •on UMQO couvyMr Com* to*wtab If.WI a (SEAL) SDR2X681652-18 PARCEL "3" (AD./USTED PORTION LOT K AND LOT 3) BEING A PORTION OF LOT El OF MAP NO. 823 AND A PORTION OF LOT 3 OF NAP 13073, AND ADJACENT TO MAP NO. ' S 13073 AND 13215, £N TKL' CITY OF CARLSBAD, COUNTY OF SAN DIECO, STATS OF CALIFORNIA. RECORDED IN THE OFFICE OF.-THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERN CORNER OF PORTION OF SAID LOT H, THENCE SOOTH 70"45'09" WEST 584.73 FEET TO THE BEGINNING OF A TANGENT 19SO FOOT RADIUS CURVE CONCAVE TO THE NORTH, THE RADIAL TO 3AID POINT BEARS SOUTH 19'14'Sl" EAST; THENCE WESTERLY ALONG TH3 ARC OF SAID CURVE THROUGH, A CENTRAL ANGLE OF 13 • 12 '55" A DISTANCE OF 619.94 FEET; THENCE NORTH 2°13'13" WEST IS.95 FEET TO A POINT ON TIIE NORTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD, AS SHOWN ON SAID MAP NO. 13215; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY. NORTH a4°55'3a" WEST 120.35 FEET TO THE BEGINNING OF A TANGENT 2175 FOOT RADIUS CURVE CONCAVE TO THE NORTH, THS RADIAL TO SAID POINT BEARS SOUTH 00°SS/3S" WEST; THENCS WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°13'2a" 45.48 FEET; THENCE NORTH S7°50'57" WEST 233.31 FEET TO THE BEGINNING OF A TANGENT 25 FOOT RADIUS CURVE CONCAVE TO THE EAST, THE RADIAL TO SAID POINT BEARS SOUTH 02° 09'03" EAST; THENCE LEAVING THE SAID RIGHT-OF-WAY OF PALOMAR AIRPORT ROAD, WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENtRAL ANGLE OF 90a00'00" A DISTANCE OF 39.27 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ARMADA DRIVE AS SHOWN acr SAID MAP NO I i32is; THENCE NORTH 02-0 9'03n EAST 109.71 FEET TO THE BEGINNING OF A TANGENT 60S FOOT RADIUS CURVE CONCAVE TO THE EAST, THE RADIAL TO SAID POINT BEARS NORTH 870.50'57" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 1103<3'42" A DISTANCE OF 123-42 FEET; THENCE NORTH 13°4S'45« EAST 87.97 FEET TO THE BEGINNING OF A TANGENT 731 FOOT RADIUS CURVE CONCAVE TO THE WEST, THE RADIAL TO SAID POINT BEARS SOUTH 76°14'15" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°SO'41" A DISTANCE OF 406.23 FEET; THENCE PAGE 3^ OF 6 LEAVING THE SAID RIGHT -OF-HAY LINE OF ARMADA C3IYE. NORTH S3 a SO '20 •• EAST 89.19 FEET; THENCE NORTH 13° 27 '12" EAST 7-lV.Qa FEZT TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY T.TNS OF FLEET ROAD AS SHOWN ON SAID MA? NO. 13215; THENCE NORTH 24a«i7'3Q" WEST 65.00 FEET 10 A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF FLEET ROAD; SAID POINT BEING THE SEG INNING OF A NON -TANGENT 27G FOOT RADIUS CURVE CONCAVE TO THE NORTH, THE RADIAL TO SAID POINT BEARS SOUTH 2<4°47'30" EAST; THENCE ALONG SAID RIGHT-OF-WAY LINE, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42"32'30" A DISTANCE OF 200.47 FEET; THENCE NORTH ' 72° IS' 00" WEST 805.32 FEET TO THE BEGINNING" OF A TANGENT 33Q FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS NORTH iT'-lS'Qa" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 19 '25" A DISTANCE OF 70.98 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 22° 29' 22" WEST 870.43 FEET; THENCE NORTH 57030'38" EAST 571.84 FSET TO A POINT ON THE FUTURE WESTERLY RIGHT-OF-WAY LINE OF LEGO DRIVE, AS SHOWN ON THE TENTATIVE MAP FOR CT 94-09; THENCE ALONG. SAID FUTURE RIGHT-OF-WAY LINE, NORTH 00°01'34" EAST 134.33 FEET; THENCE LEAVING SAID FUTURE RIGHT-OF-WAY LINE, SOOTH S9358'2S" EAST 332.05 FEET TO THE BEGINNING OF A TANGENT 415 FOOT RADIUS CORVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS NORTH 00° 01' 34' EAST; THENCE EASTERLY -ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°49'07" A DISTANCE OF 201.49 FEET; THENCE SOUTH 62°11'27" EAST 457. 45 FEET TO THE BEGINNING OF A TANGENT 554 FOOT RADIUS CURVE CONCAVE TO THE SOOTH, THE RADIAL TO SAID POINT BEARS NORTH 27°43'33" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLK OF 44°14'57« A DISTANCE OF 427.85 FEET; THBNCE SOUTH l7'Sff'3011 EAST; 137.85 FEET TO THE BEGINNING OF A TANGENT 318 FOOT RADIUS CURVE CONCAVE TO THE NORTH, THE RADIAL TO SAID POINT BEARS SOUTH 72" 03 '30"' WEST; THENCE EASTERLY ALONG THK ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70-42' 12" A DISTANCE OF 392.41 FEET; THENCE SOUTH 00*01' 34" WEST 1713. 36 FEET TO THE POINT OF BEGINNING . AREA - 113.854 ACRES PARCEL "C" (ADJUSTED LOT 3) BEING A PORTION OF LOT 8 OF MA? WO. 13073 AND A PORTION OF LOT H OF MAP NO 823, IN THE CITY OF CARLSBAD, COONTY OF SAN DIEGO, STATE OF CALIFORNIA, 3OTH RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH 00° 03'31" WEST 1465.19 FEET; THENCE NORTH 89° 56'29" WEST 120.00 FEET; THENCE SOUTH 00a03'31" WEST 160.00 FEET; THENCE SOUTH BS"56'29" EAST 120.00 FEET; THENCE SOUTH 00°03'31" WEST 110.00 FEET; THENCE SOUTH 00°01'34" WEST S19.1V FEET TO THE BEGINNING OF A NON-TANGENT 318 FOOT RADIUS CURVE CONCAVE TO THE NORTHZAST, THE RADIAL TO SAID POINT BEARS SOUTH 01°21'1811 WEST; THENCE WESTERLY ALONG THE ARC OP SAID CURVK THROUGH A CENTRAL ANGLE OF 70°42'12" A DISTANCE OF 332.41 FEET; THENCE NORTH 17°5S'30" WEST 187.85 FEET TO THE BEGINNING OF A TANGENT 554 FOOT CURVE CONCAVE TO THE SOUTHWEST, THE RADIAL TO SAID POINT BEARS NORTH 72a03'3Q" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44° 14'57" A DISTANCE OF 427.85 FEET; THENCE NORTH 62°11'27" WEST 457.46 FEET TO THE BEGINNING OF A '(TANGENT 415 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THE RADIAL TO SAID POINT BEARS NORTH 27<550'41" EAST; THENCE WESTERLY ALONG'THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°49'07" A DISTANCE O^ 201..43 FKF.T; THENCE NORTH a9a58'26" WEST 868.SO FEET; THENCE NORTH 07°00'2S" WEST 1001.59 FEET; THENCE NORTH 70°35'50'* WEST 4S4.43 FEET TO THE BEGINNING OF A NON-TANGENT 615 FOOT RADIUS CURVE CONCAVE TO THE EAST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF ARMADA DRIVE, AS SHOWN ON SAID MAP NO. 13078, THE RADIAL TO SAID POINT BEARS SOUTH a2001f37" WEST; PAGE 5 OF 6 TKENCE ALONG SAID RIGHT-OF-WAY NORTHERLY ALONG THE ARC OF SAID OJRVE THROUGH A CENTRAL 'ANGLE OF L3°Q5'a7" A DISTANCE 0? 14Q.1S FEET; TKENCE NORTH aSa05'44" EAST 190.QQ FEET TO A POINT ON THE NORTHERLY BOUNDARY 0? SAID LOT 8 AND LF.AVING THE SAID RIGHT-OF-WAY OF ARMADA DRIVE; TKENCE SOOTH 34"S3'l<r" EAST 1335.25 FEET TO THE BEGINNING OF A TANGENT 2QOO FOOT RADIUS CURVE CONCAVE TO THE NORTH, THE RADIAL TO SAID POINT BEARS SOUTH a3°a6'<\V WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°4a'04" A DISTANCE OF 491.75 FEET; THENCE NORTH 8laia'<40" EAST 322.18 FEET TO THE POINT OF BEGINNING. AREA - 81.813 ACRES PAGE 6 OF 6 EXHIBIT A LEGAL DESCRIPTION FOR THE "CARLSBAD RANCH PROJECT" PARCEL A: Lots 3,4,5,6,7 and 8 of Carlsbad Trace No. 94-09, Carlsbad Ranch Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13357, filed in the Office of the County Recorder of San Diego County, September II, 1995. PARCEL A-l: Lot 3 of Carlsbad Tract No. 92-7 (Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and 2) in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13073, filed in the Office of the County Recorder of San Diego County, December 28, 1993. Parcel B: Lots 12, 13 and 14 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 3), in the City of Carlsbad, County . of San Diego, State of California, according to Map thereof No. 1321 5, filed in the Office of the County Recorder of San Diego County, June 30, 1995. Together with those portions of Armada Drive, all of Fleet Road and ad of Sound Street, as vacated by Resolution No. 95-277 of the City Council of the City of Carlsbad recorded September 11, 1996 as Document No. 95-463215of Official Records, adjoining said Lots 12 and 13. - Parcel C: All of Lot 7 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 23, 1993, and a portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1 896, being more particularly described as a whole as follows: . • Beginning at the Northeasterly comer of said Lot 7; thence South 07°00'26" East 1001.59 feet to the Northerly boundary of the land described in Parcel B in Deed to Carlsbad Estate Holding Inc., recorded October 24, 1995 as Document No. 1995-0479825 of Official Records; thence along said boundary North 89°58'26" West 23.46 feet to a point on the future Westerly right of way line of Lego Drive, as shown on the Tentative Map for CT 94-09; thence South 00°01 '34" West 134.39 feet to another point on the future right of way line of Lego Drive;-thence So_uth_S7°30'38" West 571.84 feet to the Easterly boundary of Carlsbad Tract No. 92-7, according to Map No. 13215, filed in the Office of the County Recorder of said County; thence along said Easterly boundary; thence North 22°29'22" West 414.44 feet to an angle point in the Southerly boundary of said Lot 7; thence along said boundary North 55°44'21" West 277.47 feet to a point in a nan tangent 624 foot radius curve concave to the East said point being on the Easterly right of way line of Armada Drive, as shown on said Map 13078, the radial to said point bears North 55°44'21" West; thence Northerly along the arc of said curve through a central angle of 13°51 '45" a distance of 150.97 feet; thence North 48°07'24" East 110.60 feet to the beginning of a tangent 716 foot radius curve concave to the West, the radial to said point bears South 41 °52'36" East; thence Northerly along the arc of said curve through a central'angle of 58°07'24" a distance of 726.34 feet; thence North 10°00'00" West 94.40 feet to the beginning of a tangent 615 foot radius curve concave to the East, the radial to said point bears South 80°00'00" West; thence along the arc of said curve through a central angle of 02°01'37" a distance of 21.76 feet to a point being the Northwest corner of said Lot 7; thence leaving the Easterly right of way line of Armada Drive, non-tangent to said curve South 70°35'50" East 454.43 feet to the Point of Beginning. Excepting therefrom that portion lying within Carlsbad Tract No. 94-09, Map No. 13357. Parcel D:: That portion of Lot 8 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2) in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1 3078, filed in the Office of the County Recorder of San Diego County, December 28, 1 983 and a portion of Lot H of Rancho Aqua.Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 1 6, 1 896, being more particularly described as a whole as follows: Beginning at the Northeast corner of said Lot 8; thence South 00° 03'31 "West 1465.19 feet; thence North 89°56'29" West 120.00 feet; thence South 00°03'31" West 160.00 feet; thence South S9°56'29" East 120.00 feet; thence South 00°03'31" West 110.00 feet; thence South 00°01'34" West 619.17 feet to the Northeasterly corner of the land described in Parcel B in deed to Carlsbad Estates Holding, Inc., recorded October 24, 1 995 as Document No. 1 995-0479825 of Official Records being a point in the arc of a non-tangent 318 foot radius curve concave to the Northeast, the radial to said point bears South 01 °21 '1 8" West; thence Westerly along the arc of said curve through a central angle of 70°42'1 2" a distance of 392.41 feet; thence North 1 7°56'30" West 1 87.85 feet to the beginning of a tangent 554 foot radius curve concave to the Southwest, the radial to said point bears North 72°03'30" East; thence Westerly along the arc of said curve through a central angle of 44°14'57" a distance of 427.85 feet; thence North 62° 1 1 '27" West 457.46 feet to the beginning of a tangent 41 5 foot radius curve concave to the Southwest, the radial to said point bears North 27°50'41" East; thence Westerly along the arc of said curve through a central angie of 27°49'07" a distance of 201.49 feet; thence North 89°58'26" West 868.60 feet to the Southerly prolongation of- the Easterly line of Lot 7 of said Map No. 1 3078; thence to and along said Easterly line North 07°00'26" West 1001.59 feet; thence continuing along the boundary of said Lot 8 North 70°35'50" West 4:54.43 feet to the beginning of a non-tangent 615 foot radius curve concave to the East, said point being on the Easterly right of way line of Armada Drive, as shown on said Map No. 13078, the radial to said point bears South 82°01 '37" West; thence along said right to way Northerly along the arc of said curve through a central angle of 1 3°'05'07"a distance of.140.45 feet;_thence North 05°06'44"East 1 90.00 feet to a point on the Northerly boundary of said Lot 8 and leaving the said right of way of Armada Drive; thence South S4°53'1 6"East 1 836.26feetto the beginning of a tangent 2000 foot radius curve concave to the North, the radial to said point bears South 05°06'44" West; thence Easterly along the arc of said curve through a central angle of 1 3°48'04" a distance of 481.75 feet; thence North 81 °18'40" East 322.1 8 feet to the Point of Beginning. Excepting therefrom that portion lying within Carlsbad Tract No. 9409, Map No. 13357. Parcel E: That portion of Lot H of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, as shown on the Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Together with a portion of Lot 8 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, on December 28, 1993, being more particularly described as a whole as"follows: Beginning at the Southeastern corner of that portion of said Lot H as shown on Record of Survey Map No. 1 3995 filed in the Office of the County Recorder of said County; thence along the Southerly line of said Record of Survey Map South"70°45'09" West, 584:73 feet"to the" " beginning of a tangent 1950 foot radius curve to the North, the radial to said point bears South 19°14'51" East; thence Westerly along the arc of said curve through a central angle of 1 8° 1 2'55" a distance af 61 9.94 feet to the Southeasterly corner of Carlsbad Tract 92-7 (Carlsbad Ranch Unit 3). according to Map thereof No. 13215, filed in the Office of the County Recorder of said County; thence North 2°13'13" West 16.96 feet to a point on the Northerly right of way line of Palomar Airport Road, as shown on said Map No. 13215; thence continuing along said right of way. North 84°55'38" West 1,20.36 feet to the beginning of a tangent 2175 foot radius curve concave to the North, the radial to said point bears South 00°55'35" West; thence Westerly along the arc of said curve through a central angle of 01 °13'28" 46.48 feet; thence North 87°50'57" West 239.31 feet to the beginning of a tangent 25 foot radius curve, concave to the East, the radial to said point bears South 02°09'03" East; thence leaving said right of way of Palomar Airport Road and continuing along the boundary of said Map 13215 Westerly and Northerly along the arc of said curve through a central angle of 90°00'00"a distance of 39.27 feet to a point on the Easterly right of way line of Armada Drive as shown on said Map No. 1 321 5; thence North 02°09'03" East 109.71 feet to the beginning of a tangent 609 foot radius curve, concave to the East, the radial to said point bears North 87°50'57" West; thence Northerly alono the arc of said curve through a central angle of 1 1 °36'42"a distance of 1 23.42feet; thence North 1 3°45'45"East 87.97 feet to the beginning of a tangent 731 foot radius curve, concave to the West, the radial to said point bears South 76° 1 4'1 5" East; thence Northerly along the-arc of said-curve through a central angle of 31 °50'41" a distance of 406.29 feet; thence leaving said right of way line of Armada Drive, North 63°50'20" East 89.1 9 feet; thence North 1 8°27'1 2" East 747.00 feet to a point on the Southerly right of way line of Fleet Road as shown on said Map No. 1 321 5' thence North 24°47'30" West 66.00 feet to a point the Northerly right of way line of Fleet Road; said point being the beginning of a non-tangent 270 foot radius curve, concave to the North, the radial to said point bears South 24°47'30" East; thence along said right of way line, Westerly along the arc of said curve through a central angle of 42°32'30" a distance of 200.47 feet; thence North 72° 1 5'00" West 805.82 feet to the beginning of a tangent 330 foot radius curve,- concave to the South, the radial to said point bears North 17°45'00" East; thence Westerly along the arc of said curve through a central angle of 1 2°19'25"a distance of 70.98 feet; the'nce leaving said right of way North, 22°29'22" West 870.43 feet; thence North 67°30'38" East, 571.84 feet to a point on the future Westerly right of way line of Lego Drive as shown on the Tentative Map for CT 94-09; thence along said future right of way line North 00°01'34" East 134.39 feet; thence leaving said future right of way line South 89°58'26" East 892.06 feet to the beginning of a tangent 41 5 foot radius curve, concave to the South, the radial to said point bears North 00°01'34" East; thence Easterly along the arc of said curve through a central angle of 27°49'07"a distance of 301.49 feet; thence South 62 °1 T 27 "East 457.46 feet to the beginning of a tangent 554 foot radius curve, concave to the South, the radial to said point bears North 27°48'33" East; thence Easterly along the arc of said curve through a central angle of 44°14'57" a distance of 427.85 feet; thence South 1 7°56'30" East 1 87.85 feet to the beginning of a tangent 31 8 foot radius curve, concave to the North, the radial to said point bears South 72 °03'~0" West; thence Easterly along the arc of said curve through a central angle of 70°42'1 2" a distance of 392.41 feet to the Easterly line of said portion shown on Record of Survey Map No. 1 3995; thence along said Easterly line South 00°01'34" West 1 71 3.36feet to the Point of Beginning. Parcel F: That portion of Lot "G" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, as shown on the Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 1 6, 1 896, described as follows: Beginning at Corner No. 12 of said Lot "G" of the Rancho Agua Hedionda, according to said Partition Map thereof No. 823 and shown on Record of Survey Map No. 5715, filed in the Office .of the County Recorder of San Diego County; thence along the Northerly line of said Lot "G", North 70°56'06" East - record North 71 °25'East 406.80 feet; thence leaving said Northerly line along the center line of a 66 foot easement reserved for roadway and utility purposes as shown on said Record of Survey Map No. 5715 South 1 °20'35" West 1 053.08 feet to the beginning of a 1000 foot radius curve, concave Easterly; thence Southerly along said curve 430.81 feet through an angle of 24°41'03"; thence tangent to said curve South 23°20'28" East 1 83.62 feet to the beginning of a tangent curve concave Westerly; thence Southerly along said curve 339:94 feet through an angle of 1 9°28'38";thence tangent to said curve South 3°51'50" East 335.70 feet to the center line of Road Survey No. 1 534, filed in the Office of the County Surveyor of said San Diego County; thence along the center line of said Road Survey South 70° 1 2'37" West South 70°45'53" West per Road Survey No. 1 534 - 631.92 feet to the Southwest corner of said Description No. 2 as shown on said Record of Survey Map No. 5715; thence along the Westerly line of said Description No. 2, North 0°31'1 6" West 2385.97 feet to the Point of Beginning. EXHIBIT A-l SITE PLAN OF CARLSBAD RANCH SDR2 \681652-18 CARLSBAD RANCH EXHIBIT B LEGAL DESCRIPTION FOR "CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARNERSHIP" OWNERSHIP Parcel A: Lots 3,4,5,6 and 7 of Carlsbad Tract No. 94-09, Carlsbad Ranch Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13357,1 filed in the office of the County Recorder of San Diego County, September 11, 1996. Parcel B: Lots 12, 13 and 14 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 3), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1321 5, filed in the Office of the County Recorder of San Diego County, June 30, 1995. Together with those portions of Armada Drive, all of Fleet Road and all of Sound Street, as vacated by Resolution No. 96-277 of the. City Council of the City of Carlsbad recorded September 11,1 996 as Document No. 96-4-6321 5of Official Records, adjoining said Lots 12 and 13. Parcel C: AH of Lot 7 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, and a portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 1 6, 1 896, being more particularly described as a whole as follows: • ... Beginning at the Northeasterly corner of said Lot 7; thence South 07°00'26" East 1001.59 feet to the Northerly boundary of the land described in Parcel B in Deed to Carlsbad Estate Holding Inc., recorded October 24, 1995 as Document No. 1995-0479825 of Official Records; thence along said boundary North 89°58'26" West 23.46 feet to a point on the future Westerly right of way line of Lego Drive, as shown on the Tentative Map for CT 94-09; thence South 00°01'34" West 134.39 feet to another point on the future right of way line of Lego Drive;-thence Sputh_fi7°30'38" West 571.84 feet to the Easterly boundary of Carlsbad Tract No. 92-7, according to Map No. 1 321 5, filed in the Office of the County Recorder of said County; thence along said Easterly boundary; thence North 22°2S'22" West 414.44 feet to an angle point in the Southerly boundary of said Lot 7; thence along said boundary North 55°44'21" West 277.47 feet to a point in a non tangent 624 foot radius curve concave to the East said point being on the Eastern right of way line of Arma ja Drive, as shown on said Map 13073, the radial to said point bears North 55°44'21" West; thence Northerly along the arc of said curve through a central angle of 1 3°51 '45" a distance of 1 50.97 feet; thence North 48°07'24" East 110.60 feet to the beginning of a tangent 716 foot radius curve concave to the West, the radial to said point bears South 41 °52'36" East; thence Northerly along the arc of said curve through a central'angle of 58°07'24" a distance of 726.34 feet; thence North 10°00'00" West 94.40 feet to the beginning of a tangent 61 5 foot radius curve concave to the East, the radial to said point bears South 80°00'00" West; thence along the arc of said curve through a central angle of 02°01'37" a distance of 21.76 feet to a point being the Northwest corner of said Lot 7; thence leaving the Easterly right of way line of Armada Drive, non-tangent to said Curve South 70°35'50" East 454.43 feet to the Point of Beginning. Excepting therefrom that portion lying within Carlsbad Tract No. 94-09, Map No. 13357. EXHIBIT C THE GIA PARCELS THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: BEING ALL OF LOTS 5 AND 6 OF CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 1 AND 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEiMBER 28, 1993 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, SAID POINT BEING THE BEGINNING OF A 725.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 83° 29'02" WEST; THENCE SOUTHERLY ALONG THE EASTERLY LOT LINE OF SAID LOTS 5 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 29' 02" A DISTANCE Or 44.08 FEET; THENCE CONTINUING ALONG THE EASTERLY LOT LINE OF SAID LOTS 5 AND 6 THE FOLLOWING: SOUTH 10° 00' 00" EAST, 105. SO FEET TO THE BEGINNING OF A TANGENT 624.00 FOOT RADIUS CURVE, CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 07' 24" A DISTANCE OF 633.01 FEET; THENCE SOUTH 48° 07' 24" WEST, 89.40 FEET TO THE BEGINNING OF A TANGENT 716.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41° 32' 24" A DISTANCE OF 519.11 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LOT LINE OF SAID T.,OT 6 NORTH 83° 25' 00" WEST,. 79.17 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 6; THENCE ALONG THE WESTERLY LOT LINES OF SAID LOTS 5 AND 6 THE FOLLOWING: NORTH 22° 29' 22" WEST, 1141.33 FEET THENCE NORTH 53° 17' 35" EAST, 314.14 FEET; THENCE ALONG THE NORTHERLY LOT LINE OF SAID LOT 5 SOUTH 88° 26' 20" EAST, 736.85 FEET TO THE POINT OF BEGINNING. SDR2X681652-18 EXHIBIT D THE NAMM PARCEL THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 8 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNITS NO. 1) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEiMBER 11, 1996. SDR2V6S1652-18 EXHIBIT E THE CB ENTERPRISES PARCEL THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: i LOT 1 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNITS NO. 1) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEiMBER 11, 1996. SDR2X681652-18 EXHIBIT F THE CRAIG REALTY GROUP PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A - LOT 2 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNITS NO. 1) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 11, 1996. PARCEL B LOT 3 OF CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 1 AND 2) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 28, 1993. SDR2 \681652-18 EXHIBIT G THE ESTATE HOLDING PROPERTY TIIAT PORTION OF LOT "G" OF THE RANCHO AGUA KilOIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OP CALIFORNIA, AS SHOWN ON THE PARTITION MAP THEREOF NO. 823, FILED IN THE', OFFICK OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, -\%3£. DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 12 OF SAID LOT "G" OF THE RANCHO AGUA HSDIONDA, ACCORDING TO PARTITION MAP TH2REOK NO. 823 AND SHOWN ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE 0? THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID LOT ~Q~, NORTH 70° 56' 06" EAST - RECORD NORTH 713 25' EAST - 406.80 FEET; THENCE LEAVING SAID NORTHERLY LINE ALONG THE CENTER. LINE OF A 66 FOOT 13ASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715, SOUTH 1" 20' 35" WEST 1053.08 FEET TO THE BEGINNING OF A 1000 FOOT RADIUS CURVE, CONCAVE EASTERLY; 'l-HENCK SOUTHERLY ALONG SAID CURVE, 430.81 FEET THROUGH AN ANGLE OF 24° 41' 03"; THENCE TANGENT TO SAID CURVE, SOUTH 23° 20' 28" EAST 183.62 FEET TO THK BEGINNING OF A TANGENT CURVE CONCAVE .WESTERLY; THENCF, SOUTHERLY AT.ONG SXlD CURVE, 339.94 FEET THROUGH AN ANGLK OF 19° 28' 38" THENCE TANGENT TO SAID CURV2, SOUTH 3° 51' 50" EAST 335.70 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 1534, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE ALONG THK CENTKR LINE OF SAID ROAD SURVEY, SOrTTH 70° 12' 37" WEST - SOUTH 70° 45' S3" WKST PER ROAD SURVEY NO. 1534 - 631.92 FEET TO THE SOUTHWEST. CORNER OF SDK2N6S1652-18 SAID DESCRIPTION NO. 2, A3 SHOWN ON SAID RECORD OF SURVEY MA? NO. 5715; TH3NCE ALONG THE WESTERLY LINE 0? SAID DESCRIPTION NO. 2, NORTH 0° 31' IS" WKST 2385.97 FEET TO THZ TRUE POINT OF BEGINNING. PAGE- 2 OF 6 EXHIBIT HSHEET 21 DOC NO. ISHEEfl 1995-0532900 " EL B 0409675 LOT 14 CT 92- LOT 3 CT 92-7 PALOMARSHEET 41 LEGEND: THE FOLLOWING ARE LANDSCAPE MAINTENANCE AREAS 400' . SCALE: 1" = 800 VICINITY MAP 18 SLOPE AREA DETENTION/DESILTATION BASIN AREA PARKWAY AREA MEDIAN AREA TRAIL AREA OPEN SPACE AREA PROMENADE AREA PROMENADE WALL EXISTING LOT LINES — FUTURE LOT LINES LOT NUMBER PER CT 94-9 REQUESTED BY: CARLTAS COMPANY 5600 AVENIDA ENCINAS SUITE 100 CARLSBAD. CA. 92008 LANDSCAPE MAINTENANCE AREAS (TO BE MAINTAINED BY THE ASSOCIATION) SHT. 1 OF 5 SHTS. DATE 11-25-96 Dele: U/27/95 lime: 9:45 PC J21 FIL£=F:\JOBS\8910U\S9UZA01.DWC XREFS: 89MZA. DOC NO. D 95-0409675 c ro CO to 0' 100; 400' 5ZE 200' SCALE: 1" = 400 800' PLANTER POCKETS WITHIN ARMADA DRIVE (ALONG WESTERN EDGE) ARE INCLUDED AS LANDSCAPE MAINTENANCE AREAS. REQUESTED BY: CARLTAS COMPANY 5600 AVEN1DA ENCiNAS SUITE 100 CARLSBAD, CA. 92008 CON S U I T */fr T S LANDSCAPE MAINTENANCE AREAS (TO BE MAINTAINED BY THE ASSOCIATION) SHT. 2 OF 5 SHTS. DATE Dote: 1/30/97 Time: 10:01 FILE=F:\JOBS\891014\8914ZA02.DWG XREF: 89HZA UJrnto I SEE SHEET 5 400'•• — ~20CP SCALE: 1" = 400' 800' REQUESTED BY: CARLTAS COMPANY 5600 AVENIDA ENCINAS SUITE 100 CARLSBAD. CA. 92008 CONSUL T A/W T S mo *»*• CMIHW LANDSCAPE MAINTENANCE AREAS (TO BE MAINTAINED BY THE ASSOCIATION) SHT.OF 5 SHTS. DATE 11-25-96 Dote: 1/30/97 Time: 10:01 FILE=F:\JOBS\891014\89HZA02.DWC XREF: 8914ZA SEE SHEET 2 1C CO CO O1 TOO'4001 200' SCALE: 1" = 400' 800'NOTE: PLANTER POCKETS WITHIN ARMADA DRIVE (ALONG WESTERN EDGE) ARE INCLUDED AS LANDSCAPE MAINTENANCE AREAS. REQUESTED BY: CARLTAS COMPANY 5600 AVEN1DA ENCINAS SUITE 100 CARLSBAD. CA. 92008 CONSUL T~*/>l T S LANDSCAPE MAINTENANCE AREAS (TO BE MAINTAINED BY THE ASSOCIATION) SHT. 4 OF 5 SHTS. DATE n-25-96 Dote: 1/30/97 Time: 10:01 FILE=F:\JOBS\8910M\8914ZA02.DWG XREF: 8914ZA SEE SHEET 3 NOTE: MAINTENANCE OF DETENTION/DESILTATION BASIN BY ASSOCIATION. LANDSCAPING ON SLOPE AREA IS BY THE OWNER OF LOT 18. 0' 100J_ 400' ~00'800' SCALE: 1" = 400' I REQUESTED BY: CARLTAS COMPANY 5600 AVENIDA ENC1NAS SUITE 100 CARLSBAD, CA. 92008 CONSUL T lent T S mo *—*«. U*-M « o^^fci LANDSCAPE MAINTENANCE AREAS (TO BE MAINTAINED BY THE ASSOCIATION) SHT. 5 OF 5 SHTS. DATE H-25-96 Dote: 1/30/97 Time: 10:01 FILE=F:\JOBS\8910H\89HZA02.DWG XREF: 8914ZA EXHIBIT I BEST MANAGEMENT PRACTICES FOR PARCEL OF CARLSBAD RANCH 1. SITE DESCRIPTION: There are two existing office/manufacturing buildings and one proposed office manufacturing building on a acre parcel with an imperviousness of %. The site drops feet in elevation in over lineal feet from the rear of the parcel out to |_ Street. 2. HYDROLOGIC CONDITIONS: All roof drains spill onto the paved parking lot. The site is completely surface drained via PCC ribbon gutters or curb and gutter into an on site storm drain system, ultimately connecting to a public 36" CMP which carries the site and street storm water westerly under Street, dumping into the right-of-way. 3. PREVENTION: Practice everyday operational best management practices effective in preventing pollution and reducing potential pollutants at the source through employee education, proper cleaning, maintenance, handling and disposal procedures. 4. SPECIFIC RECOMMENDATIONS: 4.1 Require covers on garbage and outside mechanical equipment. 4.2 Sweep and vacuum parking lot. No washing. (a) The pavement surface should be vacuum swept prior to the rainy season. 4.3 Clean catch basins. (a) Sediments must be kept completely away from inlet before, during and after construction. (b) Catch basins should be inspected and cleaned if necessary: (i) Once before the rainy season; (ii) Once after the first major storm; (iii) Once at the end of the rainy season (to prevent slow loss of pollutants); and SDR2 \681652-18 (iv) If light rains are frequent, monthly cleaning may be necessary. 4.4 Stencil signs on catch basins and interior walls of buildings regarding pollution control and elimination. Post information on bulletin boards. 4.5 Adopt education policy for employees and periodically distribute informational materials directly to employees. \ 4.6 Regularly check parking lot for excessive grease, oil or other fluids; determine source and correct (including employees' cars). SDR2\681652-18 SCALE: 1" = 12001 VIEW CORRIDORS (LEGO FAMILY PARK) uco 5600 AVCNIOA ENCINAS • SUITE 100 CARLSBAD, CALIFORNIA 92008 U.S.A. (619) O1-3600 MX (619) 431-9020 T S 7220 AMikta Cncna CM SuK« 2O4CMMO. CoHonia <2QI»II9-U1-7700