HomeMy WebLinkAboutEIR 81-06; AIRPORT BUSINESS CENTER; Environmental Impact Report (EIR)• -.:. - -. -:: - Av_- --____.*_ -.---,.- ---*-- - - -
SE NO. El P. 81-6 DATE REIVED:__________________________
PPLtNT:SIGNAL LANDMARK SE-E ..
REQUEST: Planned light industrial park
TMENThL
EXE1PT OR EXCEPT: S
Posted:Prior Cartpliance: Published:________
Filed: Filed:
Posted: - . Published:'________ Notice of Deterninatiort:
VI€NL IMPACT PO1:
Notice of . . Notice of Notice of
Preparation:____________________ Canp].etion: Detertninatn:_________
1!LPiNNtG_CON4ISSIO1 .
1. Date of Hearing: g-9- ......
2. Publication:
3. Notice to PropertyOwners.- 5_)
4. Resolution Icc,.
(Continued to:
5. Appeal:
Date:- 9- - ;:L
cm COUNCIL
1. Date of Hearing:
2. Notices to City Clerk:____g.••••,
3. Agenda Bill:
4. Resolution No. ....................... Date:________
5. Ordinance No- .................... .Date: -.
Staff Report to AAAAAAA
Resolution to Applicant:
POOR
QUALITY
ORIGINAL (S)
;:I HUI Ni 10:
Clerk P'rj of rvv.o
S;jrr flr'jO County /\dnnin sirjtorn Cci icr
P;icfic 1 linjhvay
2'i Diego, Celilornia 92101
t I lCd W JU Cr i)Y of J:ir it reco(jed 1s I 1005 n L/J D H ILL lNSUf7/rp C0:,pA1Sy
I3Y") •(!
NO TRANSFER TAX DUE
— - :-;
.SP/CE MOVE FOR RECORDERS USE ONLY --
Gint Doed
Gillespie Vold
'cssor's Parcel
Proct
NO 384-11064 W. 0. No. . Tf13012 -
Parcel No. 76 -0921 -
!LY DON ...
an unnarried man
For a va l u able consderation do (es) hereby GRANT to the COUNTY OF SAN DIEGO all that real prop:ty in
County of Zan Diego. Slate of California described as foiovs:
Parcel Mo. 76-0921-A (10-14-77)
An assignable easement and right of way over tha t land described in deed
to Billy Don Shields recorded October 5, 1977 as File/Pane Mo. 77-408374
in the Office of the Recorder of said County for the use and be-nefit of
the public for the free and unobstructed passage of aircraft in, through,
and across all the airspace above a plane herein kno:n as the APP?OACH
SURFACE, the centerline of which is described as follows: /
COVEjiCING at the Southwest corner of Lot 1, Block 21 of the Subdivision
of Lots "H" and "0' of the Rancho El 05—Jon, according to flap thereof No. -
8i7 on file in said Recorder's Office; thence terly along the Southerly
line of said Lot 1, South 80460 1" last, 3:31 .80 L-et; thence leaving said
South line South 0c001391 rest, 299.45 feet to a point having a reference
elevation which shall be fixed by and for the purposes of this dcrcur.ent at
365.22 feet above mean sea level (A.M.S.L. ) based on the North imarican
Datum 1927, said point Wing the IRiJE POINT OF Bi-GiN G; thnce retracing
last described course and proloration thereof, rth 0{J0'39" East.
Said Approach Surface begins at an irner edge, being a line that is per :
i:;endicular to said centerline through said True Point of Beginning having
a width of 250.00 feet being 125.00 feet on each side of said centerline,
thence extends jp.:ard at a sl oe of 1 foot vertically for each 20 f et
horizontally for a hriontal dsu-n,ce of 1,100 ft to an outer tC ?
a width of 610.00 feet being 305.00 feet on Qich side of said certeri i:e.
ccsF. lb 15 5117
Parcel ho. 76-02l-A (Cont'd)
TOGFTH[r with the car Linuing r icht to cause or allow in all the a i rs;cce
:kv'e the surface of Grantor 's prorty such oi so, vibrations, fuIOS, dust,
fuel partic 1 es, and other Kfects as imy he caused by or result from the
onera tion of aircraft; it Win, unjerstood and acre ad that Grantee in cnds
to naiirtain and develop Gillespie Field in such a nernor that said airport
and the casement Granted hyrehi will he used at all times and by every type
of aircraft which is uc: in existence or .hi ch nay he devel cpd in the
future for both cc: :,erci al and roncc:,. erci al fl ichts; and Grantor, for
Grantor and the 5j(55cjr5 in i ntcrrst arid assigns of Grantor, does hereby
fully waive and rd case any r i;iit or cause of nC Lion which they or any of
them now have or ray have in the future against Grantee, its successors
and assigns, on account of or arising out of such noise, vibrations, fur Os,
dust, fuel particles, and other effects heretofore and hereafter caused by
the operation of aircraft in said airspace;
ALSO 1 OGLTHFR with the continuing right of the Grantee, its successors end
assigns, to clear and keep clear any and all obstructions which encroach
upon or extend into the hereinhefore described easement and right of way,
and for such purpose to enter upon the surface of Grantor's property and
cut and remove undcrbrush and soil, and demolish, cut, lower or r -eoove
buildings or any structures, or any bushes, trees or other vegetation which
are located on or Extend into or over so much of the Grantor's property as
lies below the easement and right of way herein granted, and together with
the right of ingress to, ceress from, and passage over Grantor's property
) for the purpose of effecting and maintaining such clearance as aforesaid;
RESERVING unto the Grantor, its successors in interest and assiens, the
right to use and occupy Grantor's property for all purposes which do not
interfere with or abridge the rights hereby granted.
The term "aircraft" is defined for the purposes of this deed as any
contrivance now kncn.n or hereafter invented, designed, or used for
navigation or flight in air or space. -
Grantor, for Grantor and the successors in interest and assigns of Grantor,
COnverants and agrees that neither they non any of tirm will erect, or
ane erection of, any structure or ohjec t, or per;-ii t the growth of any tree
or other vegetation, or cuew any sWicloire, ohct, tree, or other
vegetation to encroach upon or extend into said en sanent and right of icy,
and that neither they nor any of them will hereafter use, or P erinit or
suffer the use of Grantor's property in such uanner as to create electrical
interference wi th radio cot :jnica Lion to or frori any aircraft, or as to
rake it difficult for aircraft piluts Lo distinnuish betiierr airport lii Ls
and other lights or as to impair visibility in the vicinity of the airpat,
on as to othc rwise endarmeer the 1 ardi ng, taking off, or maneuvering of -
aircraft, it heirjr understood and anrarad that the aforesaid covenants erd
acreem,erits shall run with the land.
I
41
i' , •1 _.S7 '7 S''i?1
1311 l_ Y '[iON SN I E I PS
SFATE OF_2. - County of Dqo_
On_JjI?LJ_5 19ZL before me, the undersigned, a Notary Public in and for said C'ty ar
State, personally appeared-- R1LLY—DCR--S-BIEIF)S--
known to me to be the person-------.--- whose name j_s._subscribed jo the within insrumen
and acknowledged that ..he._ _____execu ted the same.
Witness my hand and official seal.
--- -
Notary Public in and for said County and State
\
STATE OF CALIFORNIA, 1 SS County of San Diego. f
Uli this__ day of in the year 19_., before me, ROBERT D. ZUiWAL
County Clerk and ex-officio Clerk of the Superior Court in and for said County, which is a court of record having
;cal, personally appeared_
knuwn to me to be the person ___described in and whose name
ubscribed to and who executed the annexed instrument, and acknowledged to me that
iic__executed the same.
In Witness Whereof, 1 have hereunto set my hand and affixed the seal of said Court at my office in the C:unty
San Olego, the day and year in this Certificate first above written.
ROBERT D. ZUM\VALT, County Clerk and ex-officio Clerk of the Superior Court
-.--.--. -. -----__-____--. Deputy
ftis is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of S en 1 I olitiral corporation, is hereby accepted on behalf of the Bcrd of Suler'isors of sd County of S.---n De:
) nritl:uri ty conferred by Resolution of said Board adopted on October 12, 19 1 6, and the Crenee cuser.s to n-:
la" loll thereof by its duly authorized officer.
1c(l 1 --
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N, Director of Ra
• - csr. s rs. 517l
-
AGREEMENT
THIS AGREEMENT is made this 28 day ofeae4Je_-,
1981, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
WESTEC, hereinafter referred to as APPLICANT.
DpC'Tr117t C
WHEREAS, the city has entered into an agreement with
Signal Landmark, hereinafter called the "Applicant, wherein the
city agrees to prepare an Environmental Impact Report for the
proposed project identified as a specific plan and subsequent
tentative map. The subject property is located on the north side
of Palomar Airport Road just southwest of Palomar Airport and is
more precisely shown on the plat marked Attachment 1, attached
hereto and made a part thereof; and
WHEREAS, the Consultant has the Qualifications to pre-
pare the requied Environmental Impact Report; and
WHEREAS, it is understood that the Consultant shall be
an independent contractor of the city;
NOW, THEREFORE, in consideration of their mutual conve-
nants and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
Consultant shall prepare an Environmental Impact Report for
the subject project in accord with the California Environ-
mental Quality Act as implemented by the State Guidelines
and by City in Title 19 of the Carlsbad Municipal Code and
its implementing resolutions.
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In carrying out this obligation the Consultant's duties
shall include the following:
(a) The Consultant shall (1) make all necessary and
required field explorations, review, and tests; (2)
make all necessary and required laboratory tests
and analysis; (3) appear and be prepared to answer
questions and present testimony on the final Envi-
ronmental Impact Report at all public hearings be-
fore the Planning Commission and the City Council
prior to the certification of the report; (4) make
all reports necessary to comply with the require-
ments of this section. Before preparing the draft
report, the Consultant shall submit five copies of
a preliminary report to the Planning Director for
staff review. The Consultant shall revise the pre-
liminary report as requested by staff in order to
make it suitable for draft EIR review.
(b) Consultant shall prepare a draft report in compli-
ance with the Work Program contained in Attachment
2 (unless otherwise stated in this agreement), at-
tached hereto and made a part hereof and with ap-
plicable state law and city ordinances. The Con-
sultant shall submit to City fifty copies plus a
reproducible master of the draft EIR to the City.
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(c) Consultant shall attempt to determine, as soon as
possible in his study of the area involved, those
factors which could severely inhibit or prohibit
the proposed project. If it appears that such fac-
tors are present, he shall so inform the Planning
Director who in turn will discuss with the appli-
cant the feasibility of continuing with the report.
The objective of this subsection of the agreement
is to minimize the cost if these adverse factors
exist.
(d) Consultant shall prepare and file with the City a
written response to all comments received subse-
quent to public notice that the draft environmental
impact report has been filed. Consultant shall
also prepare any responses necessary to matters
raised at the public hearings. The written re-
sponse shall be prepared in a form that will permit
attachment to termination. In that event, all fin-
ished or unfinished documents and other materials
prepared pursuant to this aareement shall, at the
option of the City, become its property.
(2) DUTIES OF THE CITY
(a) The City will make payment to the Consultant as pro-
vided for in this agreement.
(b) The City will make available to the Consultant any do-
cument, studies, or other information in its possession
related to the proposed project.
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(c) The City will review the Preliminary Report pre-
sented by the Consultant within fourteen working
days of their receipt and make written comments to
the Consultant within this time period.
(d) The City shall provide the consultant with copies
of all written comments received on the draft Envi-
ronmental Impact Report subsequent to public notice
that the draft Environmental Impact Report has been
filed and is available for public review.
(3) TERMINATION OF AGREEMENT
The city may terminate this agreement at any time by giving
written notice to the Consultant of such termination and
specifying the effective date thereof, at least fifteen days
before the effective date of such preliminary report as re-
quested by staff in order to make it suitable for draft EIR
review.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assem-
bled by the Consultant under this agreement shall not be
made available to any individual or organization by the Con-
sultant without the prior written approval of the City.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIAL
All documents and materials prepared pursuant to this agree-
ment are the property of the City. The City shall have the
unrestricted authority to publish, disclose, distribute and
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otherwise use, in whole or in part, any reports, data, or
other materials prepared under this agreement.
(6) PAYMENT
The Consultant will be paid a maximum of $ 9,650.00 dollars
for all work necessary to carry out the requirements of this
agreement. Actual payment shall be based on the cost of the
report based on the costs as set forth in Attachment 2. The
Consultant shall be paid sixty percent of the compensable
services completed within fifteen days after receipt of his
invoice for the completion of the draft Environmental Impact
Report in accordance with Paragraph 1 above. The Consultant
will be paid twenty-five percent upon acceptance by the City
of the response to comments from the Consultant, the final
fifteen percent will be paid not to exceed the maximum
amount provided in this agreement within thirty days after
receipt of invoice, to be submitted after the certification
of the Environmental Impact Report by the City Council.
(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of this
agreement. It is understood that inclement weather condi-
tions may delay the completion of field work. The Consul-
tant will be allowed as many additional days as are neces-
sary to compensate for days lost due to inclement weather.
The Consultant shall submit to the City five copies of the
Preliminary Environmental Impact within six weeks of the
signing of this agreement by both concerned parties. The
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consultant shall submit to the City fifty copies of the
draft Environmental Impact Report within ten working days of
the completed staff review of the Preliminary Environmental
Impact Report.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the City under this agree-
ment is in the sum of $ 9,650.00 which amount is estimated
to be sufficient to compensate the Consultant for all ser -
vices performed hereunder during the terms of this agree-
ment. In the event at any time it appears to the Consultant
that said sum may not be sufficient, he shall immediately so
notify the Planning Director. He will not perform any work
or incur any obligation beyond said sum of $ 9,650.00 with-
out appropriate amendment to this agreement.
(9) CHANGES INWORK
If, in the course of this contract, changes seem merited by
the Consultant or the City and informal consultations indi-
cate that a change in the conditions of the contract is war-
ranted, the Consultant or the City may request a change in
the contract. Such changes shall be processed by the City
in the following manner. A letter outlining the required
changes shall be forwarded to the City of Consultant to
inform them of the proposed changes along with a statement
of estimated changes in charges or time schedule. After
reaching mutual agreement on the proposal, a supplemental
agreement shall be prepared by the City and approved by the
S
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City Council. Such supplemental agreement shall not render
ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the Consultant or the
City shall be ordered by the Assistant City Manager for
Developmental Services, who will inform a principal of the
Consultant's firm of the necessity of such action and follow
up with a supplemental agreement covering such work.
The lump sum amounts detailed in this agreement shall be
adjusted for changes, either additive or deductive, in the
scope of work.
(10) HOLD HARMLESS
The Consultant will indemnify the City against and hold it
harmless from all and any cost, expense, or liability for
damages on account of injury or death to persons or damage
to property resulting from or arising out of or in any way
connected with the performance by consultant of this agree-
ment, including the defense of any action arising therefrom.
Consultant will reimburse the City for all costs, expenses
and losses incurred by it in consequent of any claims, de-
mands and causes of action which may be brought against it
by a person arising out of the performance by Consultant of
this agreement.
(11) MAINTAIN INSURANCE
Consultant shall, at all times that this agreement is in
effect or the premises are occupied by Consultant, cause to
be maintained in force and effect an insurance policy or
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cs.
policies which will insure and indemnify both City and Con-
sultant against liability or financial loss resulting from
injuries occurring to persons or property in or about the
premises or occurring as a result of any acts or activity of
Consultant. The liability under such insurance policy shall
be not less than $100,000 for any one person injured or
$300,000 for any one accident and $50,000 for property dam-
age. The policy shall be written by a responsible company.
or companies to be approved by City, and shall be noncancel-
able except on ten. days' written notice to City. Such pol-
icy shall name City as co-assured and a copy of such policy
shall be filed with the City.
(12) INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an independent
contractor, covenants and agrees that he will conduct him-
self consistent with such status, that he will neither hold
himself out as nor claim to be an officer or employee of the
city by reason hereof, and that he will not by reason
hereof, make any claim, demand, or application to or for any
right or privilege applicable to an officer or employee of
the City including, but not limited to, workmen's compensa-
tion coverage, unemployment insurance benefits, social se-
curity coverage, or retirement membership credit.
(13) ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part there-
of or any monies due or to become due thereunder without the
prior written consent of the City.
(a
(14) SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by Consultant, the Consultant
shall be fully responsible to the City for the acts and
omissions of its subcontractor and of the persons either
directly or indirectly employed by its subcontractor, as it
is for the acts and omissions of persons directly employed
by it. Nothing contained in this contract shall create any
contractual relationship between any subcontractor of Con-
sultant and the City. The Consultant shall bind every sub-
contractor and every subcontractor of a subcontractor by
their terms of this contract applicable to its work unless
specifically noted to the contrary in the subcontract in
question approved in writing by the City.
(15) PROHIBITED INTEREST
No official of the City who is authorized in such capacity
on behalf of the City to negotiate, make, accept or approve,
or to take part in negotiating, making, accepting or approv-
ing any architectural, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become dir-
ectly or indirectly interested personally in this contract
or in any part thereof. No officer, employee, architect,
attorney, engineer or inspector of or for the City who is
authorized in such capacity and on behalf of the City to
exercise any executive, supervisory or other similar func-
C. 11
tions in connection with the performance of this contract
shall become directly or indirectly interested personally
in this contract or any part thereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or employee of the City, either before, during or after the
execution of this contract, shall affect or modify any of
the terms or obligations herein contained, nor such verbal.
agreement or conversation entitle the Consultant to any
additional payment whatsoever under the terms of this
contract.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By
RONALD C. PACKARD, Mayor
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ATTEST:
ALETHA RAUTENKRANZ, City C11erk
By
APPROVED AS TO FORM:
F. BIONDO, JR.
ity A torney
PROVE T
NCEtT
1 -4 1.
"
CONSULTANT
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project Location çir
1000 2000 Ft.
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ADDRESS
A/C. NO. DESCRIPTION AMOUNT
6)'
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TOTAL -
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DETACH AND RETAIN THIS STATEMENT RICK ENGINEERING CHED CHECI< IS IN PAYMENT OF ITEMS DESCRIUEI
I ORNECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT SAN DIEGO, CALIF.
DELUXE FORM WVC-3 V-2
DATE DESCRIPTION
6-2-81 environmental impact assessment 7605/6076
--,--"-------
AMOUNT
100 .00
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CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
729-1181
2
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GUURO2
RECEIVED FROM L DATE
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CITY OF 15uI,OQ ;1E
C .I/b 1200 ELM AVENUE a CAR L$BAD. CALJFOR1IA92008' IL
729.1181
RECEIVED PROM II1I TE 14 Al -
ADDRESS
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A/C. NO. DESCRIPTION AMOUNT
Ir
TOTAL -
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man
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CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
(714) 438-5551
RECEIVED FROM 1(Q' DATE o S-cn
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annorce
A/C. NO. DESCRIPTION AMOUNT
J75c)
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TOTAL