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HomeMy WebLinkAbout1992-03-18; Planning Commission; Resolution 33711 P & CI 3 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 0 e PLANNING COMMISSION RESOLUTION NO. 3371 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN REALIGN AND CONSTRUCT RANCHO SANTA FE ROAD TO SIX LANE PRIME ARTERIAL, STANDARDS FROM LA COSTA AVENUE NORTH TO THE EXISTING MELROSE AVENUE AS DESCRIBED IN THE CITY OF ENVIRONMENTAL IMPACT REPORT, EIR 91-1, FOR A PROJECT TO CARLSBAD RANCHO SANTA FE ROAD ROUTE ADOPTION REPORT - ALIGNMENT C-1 "CANYON ALIGNMENT" AND THE MASS GRADING OF LAND ON BOTH SIDES OF THE ROADWAY IN PREPARATION FOR FUTURE DEVELOPMENT ON A TOTAL OF 448 ACRES WITHIN A 768 ACRE SITE. CASE NAME: RANCHO SANTA FE ROAD REALIGNMENT AND MASS GRADING CASE NO.: EIR 91-1 WHEREAS, a.verified application for certain property to wit; SEE ATTACHED Exhibit 'Y. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of March , 1992 and or the 18th day of March, 1992, hold a duly noticed public hearing as prescribed by law tc consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony an< arguments, if any, of all persons desiring to be heard, said Commission considered al factors relating to the project and; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission a: follows: A) That the foregoing recitations are true and correct. PC RES0 NO. 3371 -1 - h k - 4 1 2 3 ll 4 5 6 7 8 9 10 11 12 13 14 e e B) That the Environmental Impact Report EIR 91-1 will be amended to include the comments and documents of those testifying at the public hearing and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearings into the report. C) That the Environmental Impact Report EIR 91-1 as so amended and evaluated, and attached errata sheets dated March 18.1992 are recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable including no project. information on the project and all reasonable and feasible alternatives thereto, 15 16 17 18 19 20 21 D) That among the alternatives evaluated, it is recommended that the project which incorporates mitigation measures as discussed below, be approved for implementation. Findings: 1. That the following findings are made relative to the conclusions of the Find Environmental Impact Report (FEIR) for the proposed Rancho Santa Fe Road realignment and mass grading (SCH #90010850) based on the FEIR text, including the comments and responses to the draft EIR, and all document, maps, public testimony and illustrations included in the public record. 2. That the future administrative actions associated with the proposed project includc the approval of a Grading Permit and a Hillside Development Permit (HDP). 3. That the FER will be used by the City as a "Project EIR' in assessing impacts oj the proposed mass grading and road realignment. 4. That the FEIR will also serve as a "Program EIR" by addressing impacts of tht initial project and the subsequent General Plan Amendment and La Costa Masta Plan Amendment. 5. That additional environmental review will be required for follow-on projects. 22 11 6. That these future projects are anticipated to include a General Plan Amendmen 23 I1 24 25 26 27 28 to the Land Use Element, a La Costa Master Plan Amendment and one or mort tract maps. 7. That the proposed project involves the realignment and construction of Ranch< Santa Fe Road within a mass graded 448 acre area of Southeastern Carlsbad. Thf project proposes the relocation of existing Rancho Santa Fe Road easterly to tht "Canyon Alignment", replacing the bridge over San Marcos Creek and expansio1 of the road into a six lane prime arterial between La Costa Avenue and Melrosc Drive as called for in the Circulation Element of the Carlsbad General Plan. Thc mass grading of property adjoining the road is to provide for future development 11 PC RES0 NO. 3371 -2- -7 I1 0 0 -i. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 23 24 25 26 27 28 8. That the formation of a 2,210 acre Rancho Santa Fe Road Assessment District is also included in the project. 9. That financing of the roadway improvements will be provided by generating funds witJin the Assessment District. 10. That the Planning Commission finds and determines that the Environmental Impact Report EIR 91-1 has been completed in conformance with the California Environmental Quality Act, the state guidelines implementing said Act, and the provisions of Title 19 of the Carlsbad Municipal Code and that the Planning Commission has reviewed, considered and evaluated the information contained in the report. 11. That the FEIR for the Rancho Santa Fe Road Realignment and Mass grading project concluded that the project would not have significant adverse impacts in the following areas (numbers refer to the page(s) of the FEIR where the issue is discussed): 8 Hospitals As discussed in the EIR (pgs. 5.9-9, 10) the current availability of hospital services would not be adversely impacted by this project. 0 Natural Resources As noted in the Initial Study (Appendix A of the EIR), no natural resources are present in the project area. Risk of Upset As noted in the Initial Study (Appendix A of the EIR), no hazardous materials are, or would be, present on the project site. Population The project would not increase the residential density of the project area as shown on the General Plan Land Use Map. However, the ultimate development of the area would increase existing population levels. . Housing The project would not create a demand for additional housing. 0 Energy No substantial energy usage will occur as a result of the project. PC RES0 NO. 3371 -3 - _. ll * 0 " - 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 Human Health No hazardous conditions would exist at, or near, the project site. Recreation No adverse effect on recreational facilities would occur because the Citfs Local Facilities Management Program coordinates the development of recreational facilities with residential development. Law Enforcement Provisions of the Public Facilities Element of the General Plan ensure that adequate law enforcement would be avdable pdor to bdldout of the project area. 0 Libraries The Local Facilities Management Plan contains performance standards that ensure library space would be available consistent with development activities. 12. That the following findings are made pursuant to Section 21081 of the California Public Resources Code and Section 15091 of Title 14 of the California Code of Regulations. A. Public Resources Code Section 21081 (a) The decisionmaken, having reviewed and considered the idormation contained in the Final EIR for the proposed Rancho Santa Fe Road Realignment and Mass Grading project, and having reviewed and considered the information in the public record, find that changes have been incorporated into the project which mitigate or avoid or substantially lessen the significant environmental impacts thereof, except for as identified in the Final EIR Specifically: EARTH RESOURCES (EIR pgs. 5.1-1 through 10) ImDact: Implementation of the project will require the mass grading of approximatelq 448 acres of mostly undeveloped land extending north/south along Rancho Santa Fc Road. The terrain is rolling, with occasional steep slopes and canyons. Drainage i: conveyed by tributaries to San Marcos Creek in the northwest portion of the site, anc Encinitas Creek in the southern extent of the site. Grading for the project will occur over a smaller area than grading needed fo~ development to the full extent of the RL, RLM, C, and 0 land use designations of tht adjacent to the roadway is necessary to ensure an increase in the value of the adjoinin1 land, in order to permit the financing of the road. existing General Plan, thus lessening the impacts to Earth Resources. The grading of lam PC RES0 NO. 3371 -4- !I 0 e -._ i 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 Findinns: Mitigation measures are included on pgs. 5.1-9 and 10 of the EIR and would become conditions of project approval. These measures were prepared by the consulting Geologic Engineer and address blasting and filling operation, seismic hazards, erosion control measures and landslide remediation. Requirements of the Uniform Building Code, the City's Hillside Development Ordinance and Grading Ordinance would be included in the project review and approval of the grading plans, the grading permit and subsequent development approval, Mitigation Measure #4 (pg. 5.1-9) has been modified to state that the applicant shall adhere to the grading restrictions set forth in the La Costa Master Plan or any amendments thereto. No grading shall occur between October 1 and April 15, except when special measures can be taken to control siltation. This shall be met to the satisfaction of the City Engineer. The mitigation measures would reduce impacts to a level less than significant. AIR QUAUTY (EIR pgs. 5.2-1 through 10) Impact: The ultimate development of the project would generate 12,753 lbs/day of emissions. Widening of the roadway would provide for a more efficient circulation system and less congestion, which would result in a reduction of 6,507 lbs/day of vehicular emissions from the "no project" emissions levels. Findinns: A variety of mitigation measures are recommended in the EIR to minimize short-term air quality impacts. Measures involving bikeways, trails and transit facilities are also recommended to reduce the reliance on automobiles. However, implementation of the proposed project would cause significant, and unmitigated long-term impacts to air quality within the San Diego Air Basin. Short-term impacts are not significant locally, but are cumulatively significant because the area is located within a non-attainment basin. The impact to Air Quality is significant and unmitigated. WATER RESOURCES (EIR pgs. 5.3-1 through 7) Impact: The project site is located in the watersheds of the San Marcos Creek and Encinitas Creek. Surface runoff from the project site ultimately enters either San Marcos fore entering the Pacific Ocean. Erosion and sedimentation impacts during the grading and construction period would be short-term, after storm events only, and would be potentially significant. Diversion of drainage flows could occur during grading operatior temporarily and artificially increasing flows in adjacent tributaries or watersheds, Grading of the project's 448 acres will cause fewer significant impacts due to flooding anc drainage than grading 550 acres to the full extent of the RL, RLM, C, and 0 land us€ designations of the existing General Plan due to the smaller area. Findings: - Implementation of the measures contained in the geotechnical evaluation, thc City's Grading, Clearing and Grubbing Policy, Grading Ordinance and Landscape Manua PC RES0 NO. 3371 -5- Creek or Encinitas Creek which meet at the Batiquitos Lagoon in the City of Carlsbad be. _. ll e 0 ._ - II 1 2 3 4 5 would minimize erosion and provide for a comprehensive maintenance program for erosion control and drainage facilities. The Stanley Mahr reservoir spillway capacity would be maintained and no additional runoff into the reservoir would result from the approved grading plans. Conditions of approval would include the preparation of a hydrology study for San Marcos Creek and the recommendations of the consulting bridge engineer. The south-central trending drainage channel would be maintained in a natural vegetated condition as a "best management practice" consistent with RWQCB Order Number 90-42. 6 7 a 9 10 11 12 13 14 15 16 The mitigation measures would reduce impacts to a level less than significant. BIOLOGICAL RESOURCES Impact: Grading of the project will result in a disturbance of existing vegetation cover owing to the realignment of the road and the mass grading. The amount of disturbed area within the project site would change from approximately 88.4 acres to 369.5 acres. This will result in both direct and indirect impacts to plants and animals. Several sensitive habitats, including Diegan coastal sage scrub, cottonwood-willow riparian and oak riparian, would be impacted by the project. Up to 14 pairs of the 22 pairs of California Gnatcatchers on the project site may be adversely impacted or lost. Indirect impacts would mainly result from habitat fragmentation and a residual amount of downstream siltation. Findinns: Onsite mitigation would include the dedication of an area of Diegan coastal sage scrub of a size, configuration and topography large enough to support a minimum size of 8 pairs of California Gnatcatchers in perpetuity. Specific criteria to be considered in the selection of the area to be dedicated are listed on page 5.4-18 of the EIR. 17 j( The mitigation of biological impacts as set forth in the EIR is adequate and complies with 18 I1 the criteria, to provide: 19 20 21 22 23 24 25 26 27 ! 1. Onsite mitigation 2. Offsite mitigation 3. Contribution to funding for planning local, sub-regional and regiona: conservation plans, and funding a directed life history study for thf California Gnatcatcher. Mitigation which meets the criteria and is in accord with the mitigation measures sel forth in the EIR will not appreciably reduce the likelihood of the survival and recoveq of the Gnatcatcher and other Species of Concern in the wild. Based on the best availablf information, the project, and a Mitigation Plan minimizes to the maximum exten practicable, the impacts on Scrub Habitat and the Species of Concern. The project wil also contribute to the approximately 3,800 residential units and 60 acres of commercia development which are necessary to provide the approximately $60,000,000 which wil be necessary to finance the roadway infrastructure improvements in this area. 1 20 ". PC RES0 NO. 3371 -6- _> -> - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e e Other mitigation measures include modifying the proposed project grading to preservc 100% of the "dense" area of San Diego goldenstars and a minimum of 75 percent of thl "sparse" area of San Diego goldenstars, and applying for and obtaining, if required, i Clean Water Act, Section 404 permit and a Section 1600-1603 agreement. In addition to the Mitigation Plan discussed above, the City has entered into thl Memoranda of Agreements (MOA'S) with the U.S. Fish and Wildlife Service (FWS) anc State Department of Fish and Game (DFG) for the development of a multi-species, Ciq wide Habitat Management Program ("HMP"), and, as part of that program, for th development of a Habitat Conservation Plan ("HCP") for the conservation of Scru' Habitat and Species of Concern. The MOAS contemplate that the species covered will be addressed as if they were listec as "endangered under the Endangered Species Act (ESA) and the California Endangerec Species Act (CESA), and that appropriate mitigation will be provided. As part of the early phases of the HMP, it is contemplated that the Rancho Santa Fe Roac project would be addressed as an "interim project" and considered for approval by thl City, DFG and FWS under the HCP. It should be noted that more than one HCP may bc prepared at various phases of the HMP. The work program and time-line for the adoptiol of the project HCP are included in Appendix I of the EIR. It is also anticipated that the HCP to be developed under the work program will result i~ the requisite federal permit to ensure continuation of the project when and if the coverec species become formally listed under the ESA and CESA, and when the State of Califomi: and the United States Government then acquire formal jurisdiction. The mitigation measures would reduce impacts to a level of insignificance. If any cow or government agency finds the impact to Biological Resources to be unmitigated, or i. the mitigation plan is not approved by the City Council and then fully implemented, the1 we find the statement of Overriding Considerations supports approval of the project. NOISE (ETR pgs. 5.5-1 through 7) Impact: Implementation of the proposed project would result in widening of thl roadway, and realignment of the roadway to a location approximately one-quarter mill east of the La Costa Vale subdivision. Traffic-generated noise levels along the realignec Rancho Santa Fe Road will be substantial at completion of the project and at build-ou of the City. Other noise sources associated with the project include short-term noist generated by construction operations such as blasting and crushing of resistant rock hauling of material off-site to the Arroyo La Costa subdivision, and constructior equipment noise. 25 Findings: The City would implement policies and action programs of the General Plar 26 Noise Element and Administrative Policy Number 17 which apply to construction of thr proposed project. Other measures include placing stockpiling and staging areas awa! 27 from occupied dwellings and creating the greatest distance possible between noise source: 28 PC RES0 NO. 3371 -7- _. - :- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 and receptors during construction and complying with state standards for noise emissiol and control. Realignment of the road to the east will substantially decrease the impact of noise on the existing residences. The impact of this major improvement project on the existing resi dences is a significant concern and was contrary to the alternatives which left the alignment in its present location. Mitigation of noise impacts to future residences will be achieved through adherence to Administrative Policy #17. The mitigation measures would reduce impacts to a level less than significant. LIGHT AND GLARE (EIR pgs. 5.6-1,2) Increases in light and glare would impact the existing residential land uses to the soutl and west of the proposed roadway alignment and future development on both sides o the roadway. Urbanization of the natural surface cover increases light emission anc reflectance. FindinRs: Mitigation measures include the use of roadway landscaping to limit headligh intrusion into residential areas, directing street lighting to limit excess light anc consideration of the use of low pressure sodium street lights. The mitigation measures would reduce impacts to a level less than significant. LAND USE (EIR PgS. 5.7-1 through 13) As a program EIR, the document has analyzed the realignment of RSF and the adjoinin1 mass grading as the project and has also analyzed some aspects of potential future projects, i.e. subsequent tract maps, site development plans, etc. A clear distinction mus be made while reviewing the LAND USE section of the EIR between the impacts fron project grading and the impacts from subsequent development. Impact: Subsequent development of the project will result in conversion of 448 acres o vacant and undeveloped lands to a prime arterial surrounded by residential anc commercial land uses, interspersed with large areas of open space. Subsequen Costa Master Plan. General Plan and La Costa Master Plan Amendments are needed fo implementation of the project to be consistent with the long-range land use planning o the area. The FEIR states that grading on M.A.G. properties will eliminate Open Spacl designated in the General Plan on the Comprehensive Open Space Network Map. Thl proposed project grading will neither remove nor preclude the conceptual open spac' areas of the Comprehensive Open Space Network Map and is therefore not inconsisten with the General Plan. General Plan and La Costa Master Plan Amendments are needel prior to implementation of the subsequent development of the M.A.G. properties to b consistent with the long-range land use planning of the area. development of the project is inconsistent with the General Plan Land Use map and L: ... PC RES0 NO. 3371 -8- .. - I. 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 0 Findings: Prior to development, mitigation measures to be completed include conformin to land uses and respective acreages on the General Plan Land Use map and dwelling un allocations in the Local Facilities Management Plan or proposing amendments to th General Plan, La Costa Master Plan, and Local Facilities Management Plan. Proposed lan uses shall be consistent with the Land Use Element guidelines. The applicant shall als propose an amendment of the City's Comprehensive Open Space Network Map consister with the Open Space and Conservation Element of the General Plan. The mitigation measures would reduce impacts to a level less than significant. TRAFFIC/CIRCULATION (EIR pgs. 5.8-1 through 16) Impact: The impact of the project on the circulation system was considered for 1995, on year after project completion, and 2010, the year when the County road system i projected to be completed. For 1995, all road segments and intersections of Ranch Santa Fe Road would operate with a Level of Service (LOS) of A or B with three lane in each direction. For 2010, all segments and intersections of Rancho Santa Fe Roa would operate under acceptable conditions (LOS of C or D). Under existing conditions (the "no project'' alternative) all of Rancho Santa Fe Road an( Questhaven Road would operate with an LOS of F in the year 2010, an unacceptablt condition. Eventual development in the area would increase traffic volumes on thl roadway causing adverse impacts. Findings: Mitigation measures contained in the EIR would require the City to construc intersection and road segment geometrics as proposed for 1995 without the SA-68( connection and to retain right-of-way that will be sufficient for creation of th( intersection of Rancho Santa Fe Road and the future Melrose Drive south. The Cities o Carlsbad and San Marcos would create a mechanism to determine the configuration 0: this intersection. An interim signal would be constructed at the intersection of Ranch( Santa Fe Road and Questhaven Road and a fully signalized intersection would bt constructed at Rancho Santa Fe Road and Cadencia Street. The mitigation measures would reduce impacts to a level less than significant. PUBLIC SERVICES (EIR pgs. 5.9-1 through 10) Fire Protection Impact: Demand for fire protection services to the project area will be increased bq ultimate development of the area. Findings: Ultimate development plans would be conditioned to require the constructior of a permanent fire station No. 6 along the alignment of Rancho Santa Fe Road. The mitigation measures would reduce impacts to a level less than significant. PC RES0 NO. 3371 -9- .. -.. 1 0 schools e 2 3 Findins: Prior to the approval of a final map for any project within the San Marcos 4 386 junior high students and 799 high school students. Unified School District an agreement shall be entered into providing for the deeding of 5 an acceptable school site and guaranteeing the financing and construction of a school 6 unless modified or waived by the District. 7 The mitigation measures would reduce impacts to a level less than significant. 8 Water ImDact: Ultimate development of the project would generate 1,203 elementary students, 9 10 11 12 13 Impact: Water demand at ultimate development of the project site would be 590,600 gallons-per-day. However, this is approximately 30 percent lower than water demand under buildout conditions according to the land uses of the existing General Plan. Findings: Water demand would be assessed during the development review process by the Vallecitos Water District and Olivenhain Municipal Water District to ensure that Zone 11 will remain in conformance with adopted performance standards. Water saving devices and reclamation, where feasible, would be required. 14 15 The mitigation measures would reduce impacts to a level less than significant. 1611 sewer 17 City's performance standards for sewer service. 19 18 Impact: Sewage generation at buildout of the project area would be 496,000 gallons-per- day. Findings: New development within the project area would be required to comply the I 20 21 The mitigation measures would reduce impacts to a level less than significant. Solid Waste 22 ImDact: Solid waste generation at buildout of the project area would be 7.3 tons-per-day. 23 24 Findings: The siting and expansion of landfills in the area are currently being pursued 25 region. 26 The mitigation measures would reduce impacts to a level less than significant. 27 28 by a varkty of agencies to ensure that adequate landfill capacity will be available to the ... PC RES0 NO. 3371 -10- _- II 0 0 -c 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 Natural Gas and Electricity Impact: Electricity and natural gas demand at buildout of the project area would be 52 megawatt hours and 210,000 cubic- feet per day. Findinzs: The applicant would provide adequate infrastructure and, whenever possible, incorporate energy saving devices within the project development. The mitigation measures would reduce impacts to a level less than significant. LANDFORM ALTERATION/VISUAL QUALITY (EIR pgs. 5.11-1 through 7) Impact: Implementation of the project will result in the extensive modification of existing topography. The proposed project will alter the existing landscape with grading and the creation of cut and fill slopes. In order to provide adequate surface area for the construction of the proposed roadways, large volumes of earth will be displaced and reorganized into broad, flat surfaces. Other areas will be graded for future uses including residential, commercial and office. The proposed landform alteration will result in 3,844,000 cubic yards (cu.yds.) of cut and 4,197,000 cu. yds. of fill. This equates to a grading ratio of approximately 8,357 cu.yds. per acre (quantity for Rancho Santa Fe Road as a circulation element roadway grading excluded). The area to be mass graded may remain undeveloped for several years while development plans for the property are being prepared, reviewed and approved. The Final EIR states that as proposed the grading plans conflict with sections of the City of Carlsbad Open Space and Conservation Element. Since the date of completion of the DEIR, the General Plan has been updated with a revised Open Space and Conservation Element. The updated General Plan Element has revised language pertaining to the goals, policies and actions but retains the intent of the previous element. Mitigation to a level of insignificance of the described inconsistencies will be achieved through adherence with the Hillside Development Ordinance and Grading Ordinance. Adherence with these ordinances will mitigate the impact to a level less than significant. The FEIR also indicated that the proposed grading is inconsistent with the City's Scenic Highways Element. Mitigation of the inconsistency to a level of insignificance will be achieved through landscaping and adherence to the Scenic Corridor Study adopted July 1, 1988. The grading that will occur as a result of the project will have significant impacts to surrounding landform and visual quality, however, the currently adopted General Plan allows the realignment of Rancho Santa Fe Road and similar development of the project site. Also, the City of Carlsbad Local Facilities Management Plan (Zone 11) shows Rancho Santa Fe Road as having a future alignment which is consistent with the alignment proposed by the project. The project is consistent with the alignment approved by the City Council in 1987. PC RES0 NO. 3371 -11- - ll e * rC 1 2 3 4 5 6 7 8 Impacts to landform alteration and visual quality associated with the project will be less than the impacts of landform alterations resulting from grading to the full extent of the RL, RLM, C and 0 land use designations according to the adopted General Plan. The proposed project will serve to provide for reduced landform alteration and improved visual quality at the conclusion of development. Findings: The 8,357 cu.yds./acre is within the potentially acceptable range as defined in the City's Hillside Development Ordinance (0-7,999 cu.yds./acre is acceptable). Requirements of the City's Grading Ordinance and Hillside Development Ordinance will be implemented through the grading plan review process. As discussed in LAND USE, a General Plan and La Costa Master Plan amendment is needed prior to implementation of i construction of the project beyond grading. 9 The mitigation measures would reduce impacts to a level less than Significant. 10 CULTURAJ-JHISTORIC RESOURCES (EIR pgs. 5.12-1 through 4) I1 Impacts: Six of the seven sites located in the project area would be impacted by grading of subsurface material of the sites is not fully known at this time and further testing I.z activities and could destroy potentially significant prehistoric resources. The full extent 13 should be completed prior to site alteration. 14 Findings: Subsurface testing of five sites would be required as a condition of project approval. If significant resources are located, a research design and data recovery plan 15 would be implemented. The provisions of the Historic Preservation Ordinance would be followed in completing the mitigation program. 16 17 The mitigation measures would reduce impacts to a level less than significant, 18 CUMULATIVE IMPACE (EIR pgs. 7-1 through 12) 19 ! 20 21 22 23 24 25 26 27 Impact: The ultimate development of the proposed project, in conjunction with 51 other projects in a 30 square-mile area surrounding the project site would result in the construction of approximately 10,600 dwelling units and 9 million square-feet of non- residential floor space. These projects would add approximately 26,000 people to the area (based on 2.47 persons per dwelling unit). At buildout, air quality impacts would be significant and unmitigated. Region-wide implementation of alternative modes of transportation will serve to reduce impacts. The ultimate residential development of the area to be mass graded would contribute to the significant cumulative air quality impacts. The increased emissions resulting from the number of daily trips generated by the project would constitute an impediment to the region's ability to attain the national ambient air quality standards. The San Diego Air Basin IS a non-attainment area for ozone and pax-dculates, and therefore, any increase in these air pollutants is a cumulative significant air quality impact. BB 20 ". PC RES0 NO. 3371 -12- - .. 1 2 3 4 r 0 0 Finding: The ultimate development of the project area would contribute to unmitigated significant cumulative air quality impacts. Impact: The realignment of Rancho Santa Fe Road and the mass grading would result in the direct loss of 216.9 acres of Diegan costal sage scrub habitat and the potential loss of up to 14 pairs of California Gnatcatchers. Indirect impacts would result from ~ fragmentation of the habitat. iJ II 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding: Impacts to Diegan costal sage scrub habitat and the California gnatcatcher will be mitigated to a level of less than significant with the implementation of the mitigation program described in the biological discussion above. GROWTH INDUCING IMPACTS (EIR pg. 7-12) Impact: The incremental difference in growth of the project site under the proposed project is small when compared to buildout of the site according to the General Plan. The LFMP for zone 11 & 12 of the City anticipate the development of this area. Finding: City ordinances will ensure that adequate public infrastructure is available tc service this and adjoining properties as they develop. The project will not cause significant growth inducing impacts. B. Public Resource Code Section 21081 (bl The decisionmakers, having each reviewed and considered the information contained ir the Final EIR for the proposed Rancho Santa Fe Road Realignment and Mass Grading project and associated discretionary actions, and having reviewed and considered thc information contained in the public record, find that there are no changes or alteratiom to the project that would substantially lessen the significant environmental impacts of thc project that are the responsibility and jurisdiction of another public agency and shoulc be adopted by such other agency. C. Public Resources Code Section 21081 (c) As discussed above, the EIR concludes that development of the project as proposed woulc result in significant, unmitigated cumulative air quality impacts. However, pursuant tc: Public Resources Code Section 21081 (c), the decisionmakers, find that the followin2 independent economic, social and other considerations make infeasible each projec alternative identified in the EIR. The decisionmakers further find that each independen consideration, standing alone, would be sufficient to make infeasible the projec alternatives identified in the EIR. 1. Consideration of the six project alternatives must recognize the feasibiliq of attaining the proposed project’s basic objectives. The six alternatives are ~ a. Realign Rancho Santa Fe Road and defer mass grading; I I1 PC RES0 NO. 3371 -13- " ., L 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 b. Realign Rancho Santa Fe Road with mass grading of developable land consistent with the General Plan; c. Road widening in the existing alignment and defer proposed mass grading; d. Road widening in the existing alignment with mass grading of developable land consistent with the General Plan; e. Road widening in the existing alignment and mass grading for proposed development; and f. No project. The improvement of Rancho Santa Fe Road to the standards of a prime arterial road and as a major component of the region's circulation system require a significant expenditure of economic resources. The project alternatives (#1 and #3) which defer mass grading present untenable economic impacts because the lack of a realistic and feasible funding mechanism would preclude the City of Carlsbad from constructing the road. Alternative funding mechanisms have been reviewed by the City and have all been rejected due tc various constraints which limit their effectiveness. ALTERNATIVE #1: REALIGN RANCHO SANTA FE ROAD AND DEFER PROPOSEC MASS GRADING Short term benefits from this alternative, as compared to the proposed project, woulc include less impact to biological resources, air quality, erosion, sedimentation, cultura: and historical resources and the possible opportunity to create a development plan fol the adjacent property which could result in a more sensitive design. However, the long-term impacts from this alternative would be the same as the proposed project anc would result in further delay in constructing the improved roadway due to the need t< ensure a feasible and viable development of the adjacent property. Therefore, thi: alternative is not preferred over the proposed project even if it is environmentall! preferred. ALTERNATIVE #2: REALIGN RANCHO SANTA FE ROAD WITH MASS GRADING 01 DEVELOPABLE LAND CONSISTENT WITH THE GENERAL, PLAN This alternative would cause similar or possible greater impacts to certain resources tha1 would the proposed project. Specifically, impacts to earth resources, water resources air quality and biological resources would be greater than the proposed project due tc the grading of a larger area which would include all land currently designated as RL RLM, Cy and 0 consistent with the existing General Plan. In addition, this alternativc would lead to greater impacts from noise, light and glare to the adjacent developed land The grading of the project, to the extent of including all land designated RL, RLM, C and 0 consistent with the existing General Plan, would result in the loss of 102 acre of open space when compared to the proposed project. The advantage that thi PC RES0 NO. 3371 -14- _c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e alternative has when compared to the proposed project is that its development area i consistent with the existing General Plan and would therefore not require a General Pla~ Amendment. However, the comparison in the EIR of the proposed project's impacts 01 the General Plan and the recognition that the General Plan would be amended whe~ more detailed development proposals are submitted for the adjoining propertyy make thi: "advantage" meaningless. ALTERNATIVE #3: ROAD WIDENING IN THE EXISTING ALIGNMENT AND DEFEI PROPOSED MASS GRADING This alternative is the most environmentally superior by providing short term advantage due to a reduction in the impacts to biological resources and landform alteration however, the long-term impacts would be the same as the proposed project. The E11 projected that this alternative would provide a savings of construction costs and fewe impacts to erosion and sedimentation. However, the reduced flexibility by designing th road within the confines of the existing alignment may increase costs associated wit1 engineering. This increase in cost may offset the construction cost savings. Thi alternative, by comparison to the project, as identified in the City's consideration of th, road alignment in 1987, would result in increased noise impacts to the adjacent existin: residences. Furthermore, this alternative would delay the construction of the road due to the need to ensure adequate developable land to provide funding for the road. Thi alternative is not feasible due to this lack of a funding mechanism. ALTERNATIVE #4: ROAD WIDENING IN THE EXISTING ALIGNMENT WITH MAS; GRADING OF DEVELOPABLE LAND CONSISTENT WITH THE GENERAL PLAN This alternative would result in similar impacts to the previous alternative, however, th impacts associated with grading to the full extent of the RL, RLM, C, and 0 land us designations and the subsequent development of those General Plan areas would resd in greater impacts than the proposed project. The long-term impacts of this alternativ are greater than the proposed project in many of the areas, including earth resource: water resources, biological resources, light and glare, utilities and landfon alteration/visual quality due to the larger area to be graded. This alternative als results in the loss of 102 acres of open space when compared to the proposed projec ALTERNATIVE #5: ROAD WIDENING IN THE EXISTING ALIGNMENT WITH MAS GRADING FOR PROPOSED DEVELOPMENT This alternative would result in fewer short term impacts to biological resources du to roadway construction, however, the long-term impacts of the mass grading would b significant and the alignment would not be consistent with the action taken by the Cir in 1987. The impacts from the adjoining mass grading are comparable to the propose project and the additional noise impacts on the existing residences do not justify th alternative. the same. As discussed above, the noise impacts from this alternative would b ... PC RES0 NO. 3371 -15- -. 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 0 0 ALTERNATIVE #6: NO PROJECT This alternative would leave Rancho Santa Fe Road in its current condition. Thi: alternative would eliminate many of the environmental impacts associated with thc proposed project, including the impacts associated with biological resources, eartl resources, water resources, light and glare, and the destruction of cultural/historica: resources. The impacts to the existing residences due to noise would increase over timf due to the increases in the amount of traffic on the existing road. Furthermore, thf existing roadway would not be able to adequately handle projected traffic volumes anc could present a health and safety risk and could cause increased long-term air qual$ impacts because traffic could not flow efficiently on the existing two-lane road. Basec on these reasons, this alternative is not preferable to the proposed project. 2. Social considerations that make infeasible the construction of Alternative: #3, #4 and #5 involve public health, safety and welfare issues that woulc result from their adoption. These three alternatives involve widenin2 Rancho Santa Fe Road in its existing alignment. The precise existing alignment does not provide sufficient flexibility to meet engineering desigr Santa Fe Road with La Costa Avenue and Melrose Street. The "No Project" alternative (#6) is an untenable alternative because ii would not provide any improvements to the existing road. Increasing traffic volumes on the road and the issues associated with safety of the roac and long-term air quality impacts requires the City to facilitate a proces! which would result in the construction of the improved road within thc next three to five years. The City of Carlsbad has adopted requirements for the provision of low ani moderate income housing units in all new development projects. Thesf requirements are needed to meet the City's obligation to provide housing for low and moderate income families. The mass graded area included ir the proposed project would ultimately be developed predominantly wit1 new housing units, including low and moderate income units. Alternative: that would unduly delay the construction of low and moderate incomc housing units would hinder the City's ability to provide this type of housing Furthermore, alternatives that would delay the construction of additiona housing and office and commercial development would also delay tht creation of additional employment opportunities in the City of Carlsbad Such delays would have an adverse impacts on the economic welfare of thr City and its citizens. criteria for future intersecting roads, including the intersections of Ranchc 3. Other considerations that make infeasible Alternatives #2 and #4 includc the reduction in the amount of open space that would result from thei adoption. Both alternatives could result in the loss of 102 acres of ope1 space. This could result because the existing General Plan provides for the PC RES0 NO. 3371 -16- I1 0 0 *- 1 2 development of 102 acres that would be left in open space by the proposed project and the subsequent General Plan Amendment. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The City Council has carefully and deliberately considered the optimum alignment for Rancho Santa Fe Road. The City first considered the realignment of the road in 1987 and appointed a Citizen’s Committee to review the available options for the road alignment. After very careful consideration of all the options and the issues involved with each option, the Committee recommended that an alternative alignment be implemented. Their recommended alignment is essentially the same alignment as the proposed project. The City and property owners in Zone 11 have conducted detailed planning studies of the alignment and have concluded that the alignment shown ir! the proposed project is the optimum alignment from a construction perspective. Furthermore, these studies have reduced the mass grading area to the minimum that will financially support the construction of the road. To now reject the proposed project and select an alternative would require the City to commence again the planning process. The improvement of Rancho Santa Fe Road to the standards of a prime arterial requires a significant expenditure of economic resources. The project alternatives (#1 and #3) which defer mass grading without the advantage of agreement for future development present untenable economic impacts. The lack of that realistic and feasible funding mechanism would preclude the City of Carlsbad from constructing the road. Alternative funding mechanisms have been reviewed by the City and have all been rejected due to various constraints which limit their effectiveness. 18 Section 15093 of the CEQA Guidelines l9 STATEMENT OF OVERRIDING CONSIDERATIONS: I 20 21 22 23 24 25 26 27 28 The decision makers, having reviewed and considered the information contained in thc Final EIR, and having reviewed and considered the public record, find that the following factors support approval of the project despite any significant impacts identified in tht Final EIR and, therefore, make the following statement of Overriding Considerations. The City of Carlsbad finds that the mitigation measures discussed in the CEQA findings when implemented, avoid or substantially lessen most of the significant effects identifiec in the EIR. Nonetheless, certain significant effects of the project on AIR QUALITY art unavoidable even after incorporation of all feasible mitigation measures. With regard tc these significant impacts, the City has balanced the benefits of the project against thc unavoidable environmental risks in approving the project. In this regard, the City find! that all feasible mitigation measures identified in the CEQA findings, have been and wil be implemented with the project, and any significant remaining effects are acceptable duc to the following specific economic, social and other considerations. j/ PC RES0 NO. 3371 -1 7- ... 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 I I ~ I I 0 a. The City finds that Rancho Santa Fe Road must be improved in order tc protect the public health, safety and welfare of the citizens of Carlsbad anc the other users of this major regional facility. Reconstruction an( realignment of the roadway segment will improve its efficiency thereb; reducing potential future traffic hazards which could otherwise increase as the number of trips on the road increases due to the population growth o the region. b. Construction of this prime arterial road and associated infrastructure wil cost approximately sixty million dollars ($60,000,000) which the Ciq cannot afford. The City has investigated various methods for funding thc construction of this major regional facility, including the use of funds fron the state and various County organizations. The City has determined tha a public assessment district is the most fiscally sound and the mechanisn which will provide the necessary funds within the shortest amount of time c. The use of a public assessment district requires the City to assess propen which is, and will be, benefitted by the construction of the road. Thc creation of the assessment district requires the identification of undevelopec real property in order to ensure an adequate increase in the assessed valuc of the property in order to support the funding for the road. The propen available for assessment, and thus funding the construction of the road, i: the real property through which the road currently traverses. I d. The proposed project will provide the necessary improvements to Ranchc ~ Santa Fe Road and will provide the land development necessary to suppor the assessment for the road. e. The grading for the road and the development of the adjoining mass gradec property will have less environmental impact than comparable developmen pursuant to the existing City General Plan Land Use Element. Furthe development of the adjoining mass graded property (i.e., subdivision map; and building permits) will require additional environmental review as thc specifics of the design, location and infrastructure are identified. Thc phasing of the various stages of subsequent development will allow fo further refinement of the environmental, social and economic issues whicl the City must consider. This FEIR, as a program EIR for the subsequen projects, identifies the issues which must be addressed prior to the approva of other development entitlements for the property. f. Construction of the road is part of the Carlsbad General Plan, the Loca Facilities Management Plan (Zone 11) and the La Costa Master Plan Construction of the road is an integral component of these documents anc as such is necessary for the orderly development of the City. I I g. The proposed grading and ultimate development of the graded area will no result in more residential units in the area but will redistribute them in ; I pc REso No. 3371 -18- I1 0 e " 1 2 3 4 5 6 7 8 9 10 11 12 13 manner which will result in less environmental impacts than the grading 0: the developable area allowed by the existing General Plan. h. The ultimate development of additional office and commercial space, fron that contemplated by the existing General Plan, will provide social, cultura and economic benefits to the residents of the City by providing additiona jobs and services in a location closer to their home. Furthermore, thi! project will provide significant revenues to the City by way of sales tax anc property tax which will provide for City services. i. Upon completion of a subsequent General Plan amendment, it is anticipatec that the project will provide 102 acres of additional General Plan oper space. j. Construction of the project may also include the construction of a reclaimec water system which would assist the City and the water agencies in thf area to more efficiently use their limited water resources and ensure ar adequate water supply for the area's residents. k. The realignment of the road will lessen the existing and the future noisc impacts on existing residents. 14 15 16 17 18 19 20 21 22 1. The ultimate development of the property adjacent to the road will providc for the housing needs of the City. m. The proposed project, unlike the alternatives which consider improving thc road in its present location, provides the most flexibility to meel engineering design issues for future intersecting roads, including the intersection of La Costa Avenue and Melrose Street. n. Rancho Santa Fe Road is designated as a "regionally significant arterial" ir the 1990 Renional Transportation Plan prepared by the San Diegc Association of Governments (SANDAG). This system is part of the stree and highway network which provides for accessibility between communitie: within the region. The circulation analysis for the City's Local Facilitie: Management Plan for Zone 11 is based on the projected levels of regiona traffic as well as locally generated traffic. 23 24 25 26 27 28 The traffic analysis completed for the Rancho Santa Fe Road EIR conclude: that the roadway would operate at unacceptable levels of service (LOS F: with the existing 2-lane road in 1995 (pg. 5.8-6). Consequently, the improvement of the roadway is required to ensure that adequate levels 0: service are maintained. The Carlsbad Citywide Facilities and Improvements Plan was adopted by tht City to, "assure the elimination of the shortages of public facilities identifiec by the City Council to be detrimental to the public health, safety ant 11 PC RES0 NO. 3371 -19- .P " . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l i 15 16 0 1) welfare of the citizens of Carlsbad." (Citywide Facilities and Improvement: Plan, 9/16/86, pg. 2). with regard to circulation the plan provides that: No road segment or intersection in the zone nor any road segment or intersection out of the zone which is impacted by development in the zone shall be projected to exceed a service level C during off-peak hours, nor service level D during peak hours. Impacted means where 20% or more of the traffic generated by the local facility management zone will use the road segment or intersection. (pg. 40). The Local Facilities Management Plan-Zone 11 (LFMP) dated 1/20/88 identifies a need to construct Rancho Santa Fe Road to Prime Arterial standards by 1995. The LFMP also requires that a comprehensive financing plan guaranteeing construction of Rancho Santa Fe Road to Prime Arteria; Standards be approved prior to the recordation of the first final map withir Zone 11 (LFMP, pg. 19). 0. The location, grading and ultimate construction of Rancho Santa Fe Road has been studied by the City of Carlsbad for a number of years. Ir addition, the property owners have also considered the same issues wher planning for the development of their property. The decision regarding the location of the roadway considered the potential impacts to existing residences in the area and the need to minimize the amount of grading associated with the development to the surrounding vacant land. The development of the surrounding land must be considered a likely result of construction of the roadway due to the cost associated with this major 17 18 19 public improvement. The proposed project balances these many issues'by recognizing the appropriateness of relocating the road and amending the General Plan. Furthermore, the grading of the land adjacent to thc roadway will ensure an increase in the value of the real property which will permit the funding of this expensive public improvement and associated in- 20 21 22 23 24 25 26 27 28 frastructure of $60,000,000. The- need to increase the value of the adjoining property makes the proposed project the only feasible alternative. p. The construction of Rancho Santa Fe Road to prime arterial standards wil: reduce future air pollution emissions by 6,507 lbs/day. This reduction will result from a more efficient circulation system and less roadway congestion. This reduction will reduce cumulatively significant air quality impacts on a regional basis. No further reduction in emissions are possible as a result of the road widening project. Conditions: 1. Refer to attached Exhibit A (Mitigation Measures) for all conditions, mitigation measures, and monitoring programs applicable to the Rancho Santa Fe Road realignment and mass grading. i 11 PC RES0 NO. 3371 -20- .- 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. No grading, grubbing or scraping shall be done until any land required fi mitigation by the mitigation plan for biological resources is secured to tl satisfaction of the City Attorney and Planning Director. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannil Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, t the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Holme Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. kL TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3371 -21- ). .c \ \I i if , 0 0 . +". <:- '' I <. ,7 -1. Y - ORDER NO. 986023-14 EXHIBIT '' y " LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 5 AND THE WEST HALF OF LOT 6 AND LOT 8 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 75-9(B) UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF :!TO. 9959, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COU.NTY, DECEMBER 31, 1980 AND THAT PORTION LYING SOUTHERLY AND SOUTHWESTERLY OF THE SOUTHERLY BOUNDARY THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING 'UTHIN PARCEL MAP NO. .- CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO 13524, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF COUNTY, OCTOBER 25, 1984 AS FILE NO. 84-403293 OF OFFICIAL RECORDS, AND THAT PORTION THEREOF LYING SOUTHERLY OF THE SOUTHERLY BOUNDARY THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE : BEGINNING AT THE MOST EASTERLY TERMINUS OF THE CENTERLINE OF LA COSTA NORTH 55" OOIOOfl EAST 200.89 FEET TO THE BEGINNING OF A 1000.00 FOOT AVENUE AS SHOWN ON HEREINBEFORE MENTIONED PARCEL MAP NO. 13 : THENCE RADIUS CURVE NORTHWESTERLY: THENCE NORTHEASTERZY ALONG SAID CURVE TO THE NORTHERLY LINE OF HEREINBEFORE MENTIONED LOT 5 OF RANCHO LAS ENCINITAS. AFFECTS PARCEL NOS. 223-060-15, 223-060-49 AND 264-220-47. 1 PARCEL B: THE WEST HALF OF SECTION 32 AND A PORTION OF SECTION 31, ALL BEING IN TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 31 LYING NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF CARLSBAD TRACT NO. PAGE 22 - <T '" k fl I(. t ,+. , -1 1 W ,. - " ORDER NO. 986023-14 72-20 (LA SAN DIEGO FILED IN COSTA VALE) UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF , STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1974. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID WEST ONE HALF OF SAID SECTION 32; THENCE SOUTH 89"53'42" EAST ALONG THE NORTH.LINE OF SAID WEST ONE HALF, 2689.53 FEET TO THE NORTHEAST CORNER THEREOF: THENCE SOUTH 00"36'3811 WEST ALONG THE EAST LINE OF SAID WEST ONE HALF, 3120.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT IN BOOK 5208, PAGE 399 OF THE OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY AND BEING THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID EAST LINE AND ALONG SAID EASEMENT LINE, NORTH 64"1312311 WEST, 2226.43 FEET; THENCE SOUTH 72"0810011 WEST, 65.20 FEET TO A POINT ON A LINE, SAID LINE BEING 45.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANOLES AND PARALLEL WITH SAID SOUTHWESTERLY RIGHT OF WAY LINE OF 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT: THENCE NORTH 64"1:3.12311 WEST ALONG SAID PARALLEL LINE, 1583.36 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950; THENCE CONTINUING AL,ONG SAID PARALLEL LINE . NORTH 64"13 123" WEST TO THE INTERSECTION WITH THE NORTHERLY LINE OF - ... SAID SECTION 31, SAID INTERSECTION BEING THE POINT OF TERMINUS. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING LINE : BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID CARLSBAD TRACT NO. 72-20 AS SHOWN ON MAP NO. 7950, SAID CORNER BEING A POINT ON THE ARC OF A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 51'54 '08'1 WEST; THENCE CONTINUING ALONG THE SOUTHEASTERLY BOUNDARY LINE OF CARLSBAD TRACT NO. 72-20, THE FOLLOWING COURSES: NORTHERLY ALONG THE ARC OF., SAID CURVE THROUGH A CENTRAL ANGLE OF 14"34'46" A DISTANCE OF 312.99 FEET, NORTH 38"50'0311 EAST, 31.80 FEET TO THE BEGINNING OF A TANGENT 1480.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7"19'57'' A DISTANCE OF 189.40 FEET; THENCE NORTH 46' 10'00'' EAST, 1057 -78 FEET TO THE TRUE POINT' OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY LINE SOUTH 43"50'001' EAST, 1685.42 FEET; THENCE SOUTH 53"39'32" EAST, 42.00 FEET TO A POINT ON THE ARC OF A- NON-TANGENT CURVE, CONCAVE NORTHIVESTERLY A RADIAL LINE TO SAID POINT BEARS .SOUTH 53"39'32" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE INTERSECTION WITH THE SCUTHERLY LINE OF SAID SECTION 31, SAID INTERSECTION BEING THE POINT OF TERMINUS. - PAGE 23 ,. - *.x \ \'1..~, r @ ,+. I 'I '0 . I ORDER NO. 986023-14 ALSO EXCEPTING THE INTEREST CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 16, 1967 AS FILE NO. 21426 OF OFFICIAL RECORDS, LYING WITHIN THOSE PORTIONS DESCRIBED AS FOLLOWS: PARCEL 66398-A: THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, LYING WITHIN A STRIP OF LAND 60 FEET WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO. 454, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER, WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER BEING DISTANT ALONG SAID NORTH LINE 721.98 FEET FRO14 THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER, SAID POINT BEING ENGINEER'S STATION 194 PLUS 74.85, POINT ON A 1000 FOOT RADIUS CURVE:, CONCAVE EASTERLY ON SAID CENTER LINE: THENCE ALONG SAID CENTER LINE AS FOLLOWS: SOUTHERLY ALONG SAID 1000 FOOT RADIUS CURVE, 36.54 FEET AND TANGENT TO SAID CURVE SOUTH 7"22' EAST, 12.41 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A 1200 FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS SOUTH 82"38' WEST FROM SAID POINT: THENCE LEAVING SAID CENTER LINE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71"50', A DISTANCE OF 1504.47 FEET TO ENGINEER'S STATION 210 PLUS 87.12 POINT OF TERMINATION ON THE CENTER LINE CF SAID ROAD SURVEY NO. 454. PARCEL 66398-B: THAT PORTION OF SAID SOUTHEAST QUARTER LYING SOUTHERLY OF PARCEL 66398-~ HEREINABOVE DESCRIBED, AND NORTHERLY O:F SAID ROAD SURVEY NO. 454. AFFECTS PARCEL NOS. 223-050-63 AND 223-050-64; 223-071-05 AND 223-071-07. PARCEL C: THAT PORTION OF THE WEST HALF OF SECTION 32 : AND THE NORTH HALF OF SECTION 31: AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, ALL BEING IN TOWNSHIP 12 SOUTH, RANGE 3 WEST; TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUTH 89 "53 '42'' EAST ALONG THE NORTH LINE OF SAID WISST HALF, 2689 53 FEET THE EAST LINE OF SAID WEST HALF, 3120.35 FEET TO A POINT ON THE TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00" 36 ' 38" WEST ALONG - PAGE 24 .* ' . .l 4 '! k. 8 ?-? , f c' e "I c " .1. ORDER NO. 986023-14 SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC EASEMENT, RECORDED APRIL 19, 1954 IN .BOOK 5208, PAGE 399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID EAST LINE AND ALONG SAID EASEMENT LINE, NORTH 64"13'23'' WEST, 2226.43 FEET; THENCE SOUTH 72"08'00" WEST, 65.20 FEET TO A POINT ON A LINE, SAID LINE BEING 45100 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND PARALLEL WITH. SAID SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT; THENCE NORTH 64"13 '23" WEST ALONG SAID PARALLEL LINE, 1583.36 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALE UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CA:LIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1974; THENCE NORTH 31°0010011 EAST ALONG SAID BOUNDARY LINE, 45.19 FEET TO THE NORTHEAST CORNER OF SAID MAP NO. 7950; THENCE NORTH 64"13'23" WEST ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950, A DISTANCE OF 1326.91 FEET; THENCE SOUTH 43 "30 '00" WEST 477.59 FEET TO THE BEGINNING OF A NON- TANGENT 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43 ' 30 '00" WEST: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 "50'001' A DISTANCE OF 85.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 43'40' WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AN.D SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96"50'00" A DISTANCE OF 768.98 - FEET; THENCE TANGENT TO SAID CURVE SOUTH 39°30100r1 WEST 153.51 FEET SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A ", TO THE BEGINNING OF A TANGENT 780.00 FOOT RADIUS CURVE, CONCAVE CENTRAL ANGLE OF 08'59'38" A DISTANCE OF 122.14 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1973; THENCE LEAVING SAID MAP NO. 7950 AND ALONG THE BOUNDARY OF SAID MAP NO. 7779, NON-TANGENT TO SAID CURVE NORTH 71"00'0011 WEST 269.16 FEET: THENCE NORTH 44"OO'OO'' WEST 965.00 FEET; THENCE NORTH 71"1312311 WEST 276.62 FEET; THENCE SOUTH 77"46'501' WEST 290.25 FEET: THENCE NORTH 59"5O1OO1* WEST 121.23 FEET; THENCE SOUTH 83°4010011 WEST 114.59 FEET; THENCE SOUTH 14"40'00" WEST 230.00 FEET;-.THENCE SOUTH 28"20130t1 WEST 436.00 FEET; THENCE SOUTH 18'27'301! EAST 218.11 FEET; THENCE SOUTH 25"0312811 WEST OO"24'13" WEST 110.03 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY 165.00 FEET; THENCE NORTH 64"56'32" WEST 300.00 FEET; THENCE SOUTH LINE OF THAT CERTAIN loo. 00 FOOT EASEMENT fro SAN DIEGO GAS AND ELECTRIC COMPANY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19, 1954 IN BOOK 5208, PAGE 403 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF SAID 1WP NO. 7779 AND ALONG THE SOUTHWESTERLY BOUNDARY .OF SAID EASEMENT NORTH 64 05613.211 WEST TO THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 75-4 (LA COSTA ESTATES NORTH) , IN THE CITY OF CARLSBAD, COUNY!Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976; THENCE _. PAGE 25 -. ~ 5 T .A \I i. I< I C' \, -I 5. .I. 0 0' ORDER NO. 986023-14 LEAVING SAID EASEMENT ALONG THE EASTERLY BOUNDARY THEREOF NORTH 25°U3'28" EAST 100.00 FEET; THENCE NORTH 03"02'10'' WEST 495.00 FEET: THENCE NORTH 20°2511011 EAST 280.00 FEET: THENCE NORTH 05"30100t1 WEST 130.00 FEET: THENCE NORTH 36"55'1011 EAST 345.00 FEET; THENCE NORTH 52" 15'00" EAST 160.00 FEET TO A POINT IN THE I30UNDARY OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF MAP NO. 8302 AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUTH 26"58'00" EAST 346.13 FEET; THENCE NORTH 89°4311111 EAST 880.46 FEET: THENCE SOUTH 42"13'101' EAST 281.25 FEET: THENCE SOUTH 49"46'54'' EAST 170.00 FEET: THENCE SOUTH 42"42'30t1 EAST 530.00 FEET: THENCE NORTH 66"24'35" EAST 174.50 FEET; THENCE NORTH 89"58'20" EAST 145.00 FEET; THENCE NORTH 34°2911011 EAST 309.50 FEET: THENCE SOUTH 74000~~1 EAsr 145.50 FEET; THENCE NORTH 41°2710011 EAST 113.50 FEET: THENCE SOUTH 85°44'4011 EAST 271.00 FEET: THENCE NORTH 31"57'15" EAST 330.00 FEET: THENCE NORTH 47"25'05" EAST 129.10 FEET TO THE INTERSECTION WITH THE :NORTHERLY LINE OF SAID SECTION 31; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89"43'11" EAST 2607.74 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID MAP NO. 8302. EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 32; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH O036'3la1 WEST, 950.65 FEET: THENCE SOUTH 31°28150'1 WEST, 341.61 ' FEET: THENCE SOUTH 58"42'4911 WEST, 456.37 FEET: THENCE NORTH NORTH 0"36'311' EAST, 77.00 FEET: THENCE NORTH 89"23'29'' WEST, 350.00 FEET: THENCE SOUTH 0°3613111 WEST, 265.00 FEET: THENCE SOUTH 46"28'07" EAST, 68.28 FEET: THENCE SOUTH 55°2812611 EA!;T 34.95 FEET: THENCE SOUTH 67°1012611 EAST, 76.69 FEET: THENCE SOUTH 89'23'29" EAST, 110.00 FEET: THENCE NORTH 78°0414711 EAST, 92.20 FEET TO A LINE WHICH BEARS SOUTH 0' 36 1 311* WEST FROM THE TRUE POINT OF BEGINNING: THENCE ALONG SAID LINE, NORTH O"36'31" EAST, 263.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS : 76"12'27" WEST 230.37 FEET.,TO THE TRUE POINT OF BEGINNING; THENCE _- PAGE 26 -. > " . ; .;- . I C' .\ \I t. /{ W e c. I - ORDER NO. 986023-14 FEE TITLE TO THAT CERTAIN PARCEL OF REAL PROPERTY LOCATED IN THE NORTHERLY HALF OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32: THENCE ALONG THE NORTH LINE THEREOF SOUTH 89'53 14211 EAST 496.36 FEET: THENCE LEAVING SAID NORTH LINE SOUTH O"06' 18" WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89"53'42" EAST, 237.57 FEET TO THE BEGINNING OF A 470 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36'03 14211, A DISTANCE OF 295.82 FEET: THENCE TANGENT TO SAID CURVE SOUTH 53°5010011 EAST, 386.84 FEET: THENCE SOUTH 35"24'0011 WEST, 30.75 FEET; THENCE SOUTH 63"42'00" EAST, 424.18 FEET; THENCE SOUTH 76"4010011 EAST, 288.30 FEET: THENCE SOUTH OOoOOIOO1l WEST, 81.00 FEET: THENCE SOUTH 72"49'00" WEST, 288.60 FEET: THENCE NORTH 89032'301' WEST, 628.00 FEET: THENCE SOUTH 87"08'00" WEST,, 618.80 FEET: THENCE NORTH 47"3610011 WEST, 187.00 FEET; THENCE NORTH 2"561001v EAST, 166.20 FEET; THENCE NORTH .20 O 05 1 30" EAST, 530.37 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS : A PARCEL OF LAND BEING A PORTION OF SECTION 2 1, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIJIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE IN THE OFFICE OF THE COUNTY IVZCORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING THE SOUTHEAST CORNER OF SECTION 30 AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 89'43 1 1111 WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 48.19 FEET TO A POINT ON 'THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF !;AID SAN DIEGO COUNTY: THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID' RIGHT OF WAY LINE SOUTH 31'32'16" WEST.247.14 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID RIGHT OF WAY LINE NORTH :39'43 1 11" EAST, 145.34 FEBT TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF PROPOSED RANCHO SANTA FE DRIVE; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE SOUTH 12'22'42" WEST, 22.51 FEET TO THE HEGINNING OF A TANGENT 1137 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA:L ANGLE OF 7 "17 '27'1 A DISTANCE OF 144.68 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE NORTH 69"OO'OO" WEST, 172.47 FEET TO A POINT ON SAID SOW'HWESTERLY RIGHT OF WAY LINE; THENCE NORTH 31"32116*1 EAST, 115.50 FEET,TO THE TRUE POINT OF BEGINNING. PAGE 27 - a 0' ' 'i .l ,' \' t. R ) t" C' \. 9 ic .I ! _. ORDER NO. 986023-14 AFFECTS PARCEL NOS. 223-071-09, 223-050-43, 2.23-050-49, 223-050-51, 223-050-52, 223-050-53, 223-050-54, . 223-.050-59, 223-050-65, 223-010-31. PARCEL D: THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIJFORNIA, ACCORDING TO SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF OFFICIAL PLAT THEREOF. AFFECTS PARCEL NOS. 223-011-02, 223-011-03, 223-032-01. AND 223-032-02. PARCEL DD : PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILE11 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION DELINEATED AND DESIGNATED "NOT A PART" ON SAID PARCEL MAP. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10243, FILED IN THE OFFICE OF THE! COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 20, 1981. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN CARLSBAD TRACT NO. 79-25(B) PHASE VI, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10820, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COU.NTY, JANUARY 13, 1984, AND CARLSBAD TRACT NO. 84-23, IN THE CITY OF C.ARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11241, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 22 , 1985. " 79-25(B) UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, EXCEPTING THEREFROM THAT PORTION LYING WITHIN RECORD OF SURVEY NO. 9182, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1982 AS FILE NO. 82-332144 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAIC PARCEL MAP NO. 10179 LYING NORTHEASTERLY OF THE CENTERLINE OF THAT CERTAIN RIGHT OF WAY AS RECORDER OF SAN DIEGO COUNTY, APRIL 7, 1966 AS FILE NO.. 58549 OF OFFICIAL RECORDS. DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY - PAGE 28 c . - ' \1 i. /( I. I f' c: .I ,>' . 7 0 0. -_ ORDER NO. 986023-14 AFFECTS PARCEL NOS. 223-010-12, 223-010-18, 223-010-19, 223-010-27, 223-010-28, 223-010-29, 223-010-32, 223--010-33, 223-010-34, 223-010-35, 223-010-37; 223-011-04, 223-.011-05, 223-011-06; 223-021-08, 223-021-09, 223-021-10, 223--021-11, 223-021-12, 223-021-15 AND 223-021-16; 222-150-13 AND 222-470-23. . 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