HomeMy WebLinkAbout1973-11-20; City Council; 2207; PALOMAR AIRPORT INDUSTRIAL PARK & FINAL ENVIRONMENTAL IMPACT REPORT REQUEST FOR APPROVAL OF PREANNEXATIONAL CHANGE TO ALLOW DEVEL. OF 8 LOT INDUSTRIAL PARK ON PROPERTY IN S.WEST QUAD. OF PALOMAR AIRPORT RD & EL CAMINO REALL* d 'ihf&!TY OF CARLSFAD, CALIFOI
Date- I/- 2 II-
!;,yer;ida 8'i11 20.
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3% ' e. Referred .To: CITY COUNCIL .. . c
-I-- Submitted 6 Sl.tbject: CASE NOS. *- LC 135 and LI /3-4Y - Palomar Airport Industrial Park (Cabbt, Cabot and Forbes) s&: Final E.I.R.
i . Request for approval of'a preannexatqonal change of zone from 5 A-l-8(County) to. M(Industria1) and C-Z(Gen.Comm1) and'
:B consideration of a tentative:map to allow development of 8 lot
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. -Statement - of the Hatter . . This is a request for preannexational change of zone from San Diego County A-1 to City of Carlsbad.Zoning P-M. A resolution was approved for preannexational
change of zone and the Environmental Impact Report presented was accepted by t Planni'ng Commisston as having met the City of Carlsbad Environmental Protectic requirements of 1972. The Planning Commission, in consideration' of the Tentat Map, required that the applicant submit a revised map, prior to presentation t
* the City Council, which-would include a triangular shape parcel on the norther
boundary. of the subdivision, adjacent to Palomar Airport Road.
Resolution No. 985 was approved for the Tentative Map subject to the conditior stated therein. The applicant has submitted as part of this application, the tentative map out1 ined above.
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.Exhibit I. Staff report dated Oct. 23, 1973 2. Certification of Ownership ..
3. Applicants Exhibit (Map) 4. Resolution-No. 984 (Planning Commission) 5. Resolution No. 985 (Planning Commission)
6. Resoiiution No. 7. Resolution No. (City Council) - 8. Ordinance No.
(City Counci 1 )
(City Counci 1 ) *
*- Staff Reconmendat ions
Recommendations are more fully outlined in the staff report referred*to as Exhibit "1".
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a 11-20-73 Resolution No. 3271'; anflouncing% findings and decision \i adopted by-title only with' further reading waived. Ordinance No. 9371, granting a zone change .was introduc a first reading by-title only with further reading wail tesolution No. 3272, approvingbtentative map -was adopt(
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- title only with farther reading waived. (3 amendments
012-4-73. Ordinance No. 9371 wds given 'a second r*eadirSg and adopte
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CITY OF CARLSBAD
i PL4NNING DEPT.
REPORT FOR
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OCTOBER 30, 1973
TO: PLANNING COMM ISSI ON
FROM: CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT CONSIDEWiTION OF PREANNEXATIONAL CHANGE OF ZONE CONSIDERATION OF TENTATIVE MAP. CONSIDERATION OF SPECIFIC PLAN
CASE NOS: ~rs-213 ZC-135 CT 73-49 SP-145
APPLICANT: P. HAMMONS, CABOT, CABOI AND FORBES,
110 Nest A Street, Suite 1100 San Diego, California, for
H. M. Plant, et a7
I e GENERAL INFORMATION
A. Request: That the Planning Commission accept a final environment impact report, approve a preannexational change of zone from County A-1-8 to )I (Industrial) and C-2 (General Commercial), and approve a tentative m
on a portion of Lot "G", Rancho Agua Hedionda.
B. Background: The subject property, containing approximately 337. acres, is located in the southwest quadrant of the intersection of Paloma Road and El Camino Real. Said property is set back from the intersection
approximately 1000 ft. but does have frontage on both Palomar Airport Roa El Camino Real. Said property is presently being used for agricultural p The property is very hilly and does have a car,yon crossing it along the p southerly propertyline.
C. Zoning and General Plan:
1. Zoning: Existing - A-1-(8) - County Proposed: El and C-2 (T.M.) Adjacent: North - FI-2, C-1, A-l(8) - County East - M, A-3(8) (County), P-C(City)
South - P-C (8) City, t-l-A (County) Nest - E-1-A, C, R-4(CGunty)
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, Genera7 Plan - The adopted General Plan indicates a majority of 1 ' subject property to be potential low density residential with from 2-7 fi
' per net acre. A small portion of the property is indicated to be medium density residential with 21-47 families per net acre.
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D. Public Notification: The required public notices have been pub'
and mailed regarding these itenis.
11. CONSIDERATION OF E.I.R. NO. 213
A. Summary: The draft EIR entit:ecf ''%?w~~&[ iriudstrial Park" was rece Said draft does adequately reflect tk
In revie
1. The impacts of the development in terns of grading and draina
2. The-mit-tgating measures that are possible to preserve the env of the subject site.
3. Consideration of the change of use from agriculture productic to tndustrial use.
being the Buena Sanitation Djstrfct.
and accepted on September 4, 1973. environmental impact of the proposed project. Certain concerns that are adequately expressed will be enlarged as a part of this report. the draft, the relevant issues are considered to be:
B. Corrections-: Page 23 indicates the sewer district for this area Tt should he the City of tarlsbad.
C. Circulation: The draft EIR has been circulated to various agenci their comments and any responses will be attached to this report.
D. Final EIR: The final EIR will include the draft EIR entitled "Pa Industrial Park" and Staff's comments below. Rather than repeating the i contained in the draft EIR, staff will only enlarge upon the information
1. Existing Environment: In terms of the existing environment, t EIR indicates that the most sensitive area of the subject property is the portion shown as Lot 8 on the Tentative Map. If development could occur substantially affecting this area, staff believes that the environmental. of the subject development would be substantially reduced. A majority of agricultural activity on the subject property is occuring in the approx. that area indicated as Lots 4 & 5 on the Tentative Map. This is also the proposed for the first phase of development.
2. The Adverse Environmental Effects Which Cannot Be Avoided. Ti adverse impacts as outlined on page 27 of the draft EIR should be enlarge( incl ude :
Increase in the flood potential for property t; the west alor
Change in property assessment for the project site and adjact areas.
9. 10. Increase in congestion at the entrances to the airport.
Canyon de las Encinas.
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12. Decrease in natural anlenities of the area.
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3, Mitigation Meas&es: The draft EIR starting on page 28 indic that as a mitigating measure that the area indicated as Lot 8 on the Tent which is considered a sensitive environmental area, would remain essentia undeveloped. The method.for accomplishing this measure is not outlined i draft EIR. The tentative Map as submitted indicates this area as a lot f devleopment. To guarantee that this area is preserved, a possible method be to establish an open-space easement over this area.
4. Alternatives to the Proposed Action: The alternatives to the proposed action as indicated in the drdft Eiii on page 30 should be enlarg include the possibility of deve7opment within the constraints of the P-M The P-I4 zone provides greater guarantees that the development would be co within existing and proposed development in the area. The full range of mitted uses in the City's M and C-2 zone districts may not be appropriate subject pr oe pr ty .
That it be moved that the Planning Commis ACCEPT the final E.I.R. to include: E. Staff Recommendation:
7, the draft EIR
2. this report
3, any response received from those agencies notified. 4, any public input received as a part of the public hearing.
Justification is based upon:
a. These materials do adequately express the environmental impac. of the proposed project as required by Title 19 of the Municil
. Code.
I1 CONSIDERATION OF ZONE CHANGE NO. 135
A. Description of Request: The applicant is requesting a preannexatic change of zone from County A-1-8 to M (Industrial) and C-2 (General Commer
on the subject property. The area proposed for the C-2 Zone is an approxi 16.905 acre parcel which is to be lccated adjacent to Palomar Airport Roac southerly of the main entrance to the airport facility. The remaining apF
32.03 acres are to be zoned M.
Staff, in receiving the proposed development as outlined in the dr EIR and the tentative C.C.&R's (see attached) believe that the more appro1 zoning designation for the subject property would be a P-M (Planned Indust zone designation. In terms of any industrial development the M zone all0 large number of uses that are not or would not be compatible with the area the type of development proposed by the applicant. In addition, the perfo and developnicrit standards within the P-M zone district are more restrictiv would require a deve-opment that would be compatible with the development area and the existing terrain, With regards to potentiai conimercial devel tha applicant indicates a limited range of comercia1 uses, whereas, the C
requested would ailow a far greater number of uses that would not be consi
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' appropriate for this property. The P-M zone designation makes provision commercial uses by a CUP. It seems that this approach would be more apprl in that it would give the City more control of the precise land uses in ai proposed commercial areas.
The applicant, in discussions with staff, has resisted.the idea of thl application of the P-M zone designation because said zone district does h somewhat restrictive parking requirement of one parking space for each 25 ft. of building area. It is felt that for such uses as warehousing, stor etc., this parking limitation would be a harsh restriction. In these ins staff would agree. However, the municipal code pursuant to section 21.44 (see attached) does make provision for the P.C. to modify parking require] and in this instance, staff believes that such an action would be appropr
The proposed rezoning is not in conformance with the Gmeral Plan comi of residential. However, due to the influence of the Palomar Airport and proximity of the subject pro9erty to the intersection of two major arteri staff believes that the General Plan commitment is no longer valid.
1. Zoninq Recommendations; That it be moved that the Planning Comnis DENY the preannexational change of zone from A-l(8) to M and C-2 and tha Planning Commission APPROVE a preannexational change of zone from A-1(8) P-M. Justification is based upon:
a. The P-M zoning designation is the appropriate zone for an indi park with light manufacturing, research and development, warehouse, storal and product distribution. The M Zone district permits a number of uses t not be compatible with those uses and adjacent uses in the area. In addi the P-M zone district does permit the development of commercial uses that be ancillary to the industrial park by a C.U.P. The application of the C designation would also permit a far greater range of uses than would be 1
with existing or proposed uses in the area. The P-M zone designation all1 the uses proposed by the applicant - hotel, motel, restaurant, service sti and banking facilities, by a Conditional Use Permit, as long as the uses l considered for the convenience of the occupants of the P-M Zone.
The influence of the Palomar Airport does not make the subjec property conducive to residential development.
The proximity of the property to two major critical streets dl make the property conducive to industrial development.
d. The development of a 'large parcel for industrial uses results logical, planned facility that would be an asset to the geographical cent the City and would also be compatible to the major influence in the area 1 is the airport. The application of the P-M Zone designation further gua compatibility to the total area.
2. General Plan: That it be moved that the Planning CGmmission init an Aimendmentonheland use element of the Genera? Plan for the subject
B. STAFF RECOMMENDATIONS: .
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I changing the General Plan commitment to Planned Industrial.
Justification is based upon:
q. Tfie locatton, qdjacent uses, and the existing terrain makes the subject property conducive for planned i%ndustrial deyel opment *
3. Parking: Pursuant to Section 21.44.150 of the Municipal Code that it I move- Planning Commission that the parking requirements on the subjec property for such uses as warehousing and storage shall be modified from onc parking space per 250 sq. ft. to one park.in.5 sp2re fcr each 1000 sq. ft. of WQsS floor area.. Justificatim is based upon:
4.. persons would be utilizing the facilities. The present Municipal
Code permits warehouse uses on the basis of one parking space for each employee in the M Zone. ment will not have any on-street parking, staff believes that a precise floor area ratio should be provided for all possible employee company vehicles, visitors, etc. Therefore, the normal requirement i not recommended.
The nature of these uses ts such that a very limited number of
However, since the proposed develop-
I I1 e ALTERNATIVE TO STAFF RECOrlMENDATION
The applicant in reviewing the staff's recommendation of P-M .zoning designation does request that the Planning Commission consider the alternz of M and C-2 Zoning-designations with a specific plan (Case No. SP-145).
A. Specific Plan No. SP-145: The specific plan is to consist of the map which shows the lots proposed and the attached Covenants and Restricti In addition, the precise development of each site would be submitted to tk Planning Commission for approval prior to construction.
If the Planning Commission is of the opir that all the concerns expressed in Section 11-B above, that it be moved tk Planning Commission take the following actions:
1. Change of Zone: That a preannexational change of zone to M e
C-2 BE APPROVED. application of a specific plan does result in limiting the potential use c M and C-2 zones to the extent that this approach would function the same i P-M zone district but does provide some additional flexability to the app
2. Specific Plan: That Specific Plan No. 145 BE APPROVED. JI fication would be based upon the fact that the development resulting from application of the specific plan would be compatible with the existing an( proposed uses in the area, and the size and shape of the subject propert.
B. Staff Recommendation:
Justification is based upon the belief that with the
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considered sufficient for the proposed development.
a. CONDITIONS OF APPROVAL: Any Specific Plan, if approved, should t: subject to the following conditions:
The Specific Plan is granted for the land described in the apF lication and any attachments thereto, and as shown on the plot plan submitt labeled Exhibit A. The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be locat substantially as shown on the plot plan labeled Exhibit A, except or unles: indicated otherwise herein. In addition to ail ordinance requirements and conditions herein, a1 1 development and subsequent operations shall conform the covenants and restrictions as shown as Exhibit "B".
Prior to the issuance of any permits for any developments, prt plans of the proposed development shall be submitted to the Planning Commii as an amendment to this specific plan, for consideration and/or approval. - Planning Commission shall approve, conditionally approve, or deny the requc amendment based upon:
Conformance to the conditions out1 ined herein. Compatability to existing and proposed development
in the area. Conformance to all ordinance requirements.
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3. Commercial and industrial uses that are permitted only by Con Use Permit, as stipulated by the Municipal Code, shall not be considered relieved of this requirement by the adoption of this specific plan.
Unless the construction of the structure or facility is comme not later than one year after the date the approval is granted and is dili pursued thereafter, this approval will automatically become nu17 and void.
All requirements of any law, ordinance or regulation of the S of California, City of Carlsbad, and any other governmental entity shall b complied with.
No signs or advertising of any type whatsoever shall be erect or installed until plans therefore haw been approved by the City of Carls
7. All areas shown as parking areas shall be surfaced with aspha concrete and shall be visibly marked outlining individual parkling spaces traffic flow. Said surfacing and marking shall be completed prior to fin: inspection of the structure or structures by the Building Department. Thf shall be kept in a reasonably good state of repair at all times.
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l 8. Prior to obtaining a building permit, and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commiss written acceptance of the conditions stated herein.
9. Compliance with and execution of all conditions listed hereor shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director.
properties and streets.
and streets.
10. All lighting shall be arranged to reflect away from adjoinin5
11. Afl outside storage areas shall be screened from adjacent prc
1.2. An incombustible trash enclosure shall be provided of a size and location acceptable to the Planning Director, and said area shall be el with a fence and/or wall of sufficient height to adequately shield the arel Said fence and/or wall shall include a solid gate.
Interior landscaping of parking areas shall be provided in a manner acceptable to the Planning Director. Said minimum area of landscap shall be equivalent to 3% of the area of the lot excluding required perirne landscaping.
14.. A detailed landscape and sprinkler plan prepared by a landsc architect, shall be submitted to the Planning Director for consideration a' approval.
15. Prior to final building inspection clearance, all landscapin shall be installed. Said landscaping shall, at all times, be maintained i manner acceptable to the Planning Director.
16. All landscape areas in parking lots shall be enclosed by a r concrete curb or low wall. shall be constructed with weep holes per specifications of the City Engine
A1 1 uti 1 i ti es , i ncl udi ng electrical , telephone and cab1 e tel shall be installed underground and/or shall be completely concealed from v
18. A71 public improvements shall be made in conformity with the Subdivision Ordinance and other City Standards, to the satisfaction of the Engineer, without cost to the City of Carlsbad and free of all liens and e cumbrances.
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All planters adjacent to street right-of-way
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19. Prior to any construction, the applicant shall submit plans appropriate entity providing domestic water to the proposed development, ' approval of the location, type and adequacy of water lines, and to this F. Department for approval of the location of fire hydrants.
Street trees, when required by the City, shall be installed the applicant at his expense. Trees shall be of a type approved by the PC
Dept. and shall be installed to their specifications. If removal of any t
trees is required by the City, said removal shall be at the applicant's e: It shall be the responsibility of the applicant to make all arrangements \
the Parks Dept. concerning the requirements of this condition.
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IV.* CONSIDERATION OF TENTATIVE MAP 73-49:
said lots may be subsequently divided.
The applicant has submitted a . tentative map showing a total of 8 lots. As a part of precise development.
A. STAFF RECOMMENDATIONS: That it be moved that the Planning Cornmi? recommend to the City Council that CT 73-49 BE APPROVED, subject to the cc ditions outlined belo;.r.
1. Conformance of the tentative map to the General Plan as it is
2. Conformance of the tentative map to 811 wnicipal codes and t
B. CONDITIONS OF APPROVAL: Any approval should be subject to the fo
Justification is based upon:
proposed to be revised.
of California Subdivision Map Act.
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condi ti ons :
1. The open space easement indicated on Lots 6, 7, & 8 shall be dedicated to the City of Carlsbad.
2. An open space easement encompassing the pond area and the adj trees on Lot 8, shall be dedicated to the City of Carlsbad. The precise a shall be determined by agreement between the City Council and the Develop
3. The applicant shall install a fully actuated traffic signal a the intersections of proposed "A" street, and Palomar Airport Road, propos
'IB" Street and Palomar Airport Road, proposed "Btt Street and El Camino Re2 in a manner acceptable to the City Engineer. The applicant shall partici! in a manner acceptable to the City Engineer, in the installation of a full actuated signal at the intersection of Palomar Airport. Road and El Camino
The development of the property described herein shall be sut to the restrictions and limitations set forth herein which are in additior a71 the requirements, limitations and restrictions of all municipal ordin; and State and Federal statutes now in force, or which, hereafter, may be i force for the purpose of preserving the residential characteristics of ad: properties.
5, In order to prcvide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular accc to all buildings, and adequate fire hydrants with required fire flows shal installed a.s recommended by the Fire Department.
All public improvements shall be made in conformity to the C Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision 1 and other City Standards to the satisfaction of the City Engineer, withou to the City of Carlsbad, and free of all liens and encumbrances. Improvei plans for water and sewer system shall meet the requirements of the respe service districts. The design of Proposed "A" and "B" streets shall devi' from said standards only to the extent of right-of-way width, restrictio on-street parking and no requirement of sidewalks, in a manner acceptable the City Engineer.
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1 7. All drainage and grading plans shall be approved by the City Engineer.
8. All utilities, including provisions for cable TV, shall be pl~ underground and/or shall be completely concealed from view.
9. Along El Camino Real, ornamental street lighting shall be pro for as required by Nunicipal Ordinance Code. The Developer shall post a b in the amount necessary to energize said street lights for an eighteen mon period after construction, to permit the incorporation of the subdivision a maintenance district. Street lighting along Palomar Airport shall conf to the City of Carlsbad Engineering Design Criteria and Standard Plans. S lighting on proposed interior streets shall be in a manner acceptable to t Engi neer .
10. Complete plans and specifications shall be submitted as requ for checking and approval, before construction of any improvements is comrr The subdivider shall submit the original drawings revised to reflect as-bi
conditions, prior to acceptance of the subdivision improvements by the Cit
11. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City, and free of all and encumbrances.
12. All facilities provided to adequately control drainage on tl subject property shall be maintained by the Property Owner's in perpetuitg This conditicn excludes all drainage easements granted to the City of Car-
13. The Subdivider shall dedicate to the public all rights of ii and egress fron lots abutting upon restricted access streets and roads ovf across the lines of said lots abutting said streets and roads. This dedic shall be so designated on the certificate sheet of the Final Map with the that the owners of said lots will have no rights of access whatsoever to i streets and raads. The words "access rights dedicated to the City" shall lettered along the road adjacent to the lots affected on the map proper. El Camino Real and Palomar Airport Road are considered restricted access i
14. Street names shall be subject to approval and shall be desi in accordance with the standards and policies adopted by the Planning Com on file in the Planning Department. Director prior to recordation of theFinal Map.
If required by the City Engineering Office, the improvement shall include a report of a geological investigation and a complete gradi
of the entire site. The report and plan shall be prepared by Civil Enqin licensed by the Stale of California, and experienced in erosion control w be acceptable to the City Engineer, and they shall certify that they have vestigated the site and prepared data with full consideration of the con? to the included and neighboring properties. .
Said names shall be approved by the
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IV. ANNEXATION: In the coming months, the City Council will be considerir the annexation of this property. property. Staff would recommend that the Planning Commission recommend to the City Council that as a part of the approval of the annexation, this
bi 11 board BE REMOVED.
There exists a billboard on the subject
IV. ATTACHMENTS :
Ltr. frn Rick Engineering dated Aug. 31, 1973. Ltr. fm California Regional Water Qual. Control Bd. of 10-12-73 Ltr. fm. J. B. Askew, Public Health Dept. dated 9-27-73 Ltr. frn. Woodside/Kubota & Assoc. Inc. dated 10-3-73 Memo fm Fire Department dated 10-10-73. Ltr. fm. Dept. of Sanitation & Flood Control dated 10-2-73 Copy of Municipal Code Ord. Sec. 21.44.110 - 21.44.130 Copy of C.C.&R's for project. Ltr. fm. Dept. of Fish & Game with attachments.
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El PFY Ru&i;ia €N$!NEERING COMPANY I 'A'NE'"ci"EN"'GYK%E
5620 FRIARS ROAD SAN DIEGO, CALIFORNIA 92110
TELEPHONE AREA CODE 714 291-0707
August 31, 1973
Planning C ommis s ion
City of Carlsbad
1200 Elm Avenue \
Carlsbad , California 92008
Gentlemen :
We hereby request an amendment to the General Plan
to permit the development of the proposed Palomar
Industrial Park to be located in the southwest corner of
Palomar Airport Road and El Camino Real.
Applications for annexation to the City of Carlsbad;
Pre-annexation Rezoning; and a -entative Map for the
proposed development are currently being processed
for City Approval.
It is requested that the General Plan amendment be
considered concurrently with the rezoning application.
,
Sincerely,
I* d
Henry T,, Worley
HLW:sh
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RONALD RL -.
e e STATE OF CALIFORNIA-RESOURCES AGENCY -___
CALlFORNIA REGIONAL WATER QUALITY CONTZL BCARC SAN DIEGO FWON
6154 MISSION GORGE ROAD, SUSTE 205
SAN DIEGO, CALIFORNIA 92120
EE@EIVb VD
OCTOBER 12, 1973
OCT 1. 5 'I973
CITY OF CARLSBAD PLANNING DEPARTMENT pianning Department
1200 ELM AVENUE
CITY OF CF\RLSBAD-
CARLSBAD, CAL 1 FORfJ 1A 92008
GENTLEMEN:
SUBJECT: PALOMAR INDUSTRIAL PARK
THIS WILL ACKNOWLEDGE RECEIPT OF THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SUBJECT PROPERTY. THE PROPOSED PROJECT WILL ACCOMMODP
AN lNDUSTRlAL PARK FOR LIGHT MANUFACTURING, RESEARCH AND DEVELOPMENT,
WAREHOUSE STORAGE AND PRODUCT DISTRIBUTION AND IS LOCATED SOUTH OF
PALOMAR AiRPORT ROAD AND WEST OF EL CAMlNO REAL IN AN UNINCORPORATED
AREA OF SAN DIEGO COU~~TY NEAR THE C~TY OF CARLSBAD.
LIE HAVE REVIEWED THE REPORT AND ARE OF THE OPtNJON THAT THE DIS-
CUSSION OF INDUSTRIAL BY-PRODUCTS SHOULD BE EXPANDED, THE REPORT
FAILS Tr) DESCRlBE THESE BY-PRODUCTS ALTHOUGH THE STATEMENT tS MADE TH
THE INDUSTRlAL BY-PRODUCTS WOULD NOT SIGNIFICANTLY ADD TO THE DETER10
OF WATER QUALITY.
THE AMTlClPATED TYPES OF INDUSTRtAL WASTES THAT MAY BE GENERATED
THE SITE AND METHODS OF MITIGATION SHOULD BE DESCRIBED IN DETAIL. TP
TYPES OF WASTES THAT WOULD BE PERMlTTED IN THE SEWER SYSTEM AND THOSE
THAT WOULD HAVE TO BE HAULED AWAY TO APPROVED DISPOSAL SITES OR DISPO
OF IN SOME OTHER MANNER SHOULD BE DISCUSSED.
THE REPORT ALSO STATES THAT "THE QUALITY OF WATER DRAINING°FROM
PROJECT SITE CANNOT BE MITIGATED." THIS STATEMENT SHOULD BE CLARlFIt
TO EXPLAIN WF!AI WASTES ARE CONSIDERED AND UHY THEY CAlJNOT BE MITIGATE
SEWER UTILITIES MUST BE AVAILABLE AND THE: IMPACT ON THE SEWAGE
TREATMENT PLAIJT FROM 1 NCREASED FLOWS OF SEWAGE AND I fJDUSTR I AL WASTE
MUST BE EXPLAINED,
THANK YOU FOR THIS OPPORTUNITY TO COMMENT ON THIS PROJECT. IF \I
HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL ME: AT (714) 280-5114.
L.
VERY TRULY YOURS,
jaLf.A: 13. G-Jg-- (I ,JOSYPH N. BARRY
ENVIRONMCNTAL SPECIALIST
JNG: HMO .
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Teleph
(714) 72 2960 Pi0 Pic0 Drive
aiep €34 @tar&t?n8
CARLSBAD. CALIFORNIA 92008
Septemker 27, 1973
Mr. Donald A. Agatep RECEIYEI
OCT 1 1973
Director of‘ Planning
City of Carlsbad
1200 Elm Avenue
CITY OF CARLSBAD Carlsbad, CA 92008
Dear Fc. Agatep: Plannlng Department
Your request for our recornendations concerning the Tentative Nap of the s
division to be ’mo;m as CT 73-49 Palomr Industrial Park has been received
and reviewed by this deparbxent.
This subdivision would be acceptzble to the Department of Public Health pr
vided:
1, All domestic tater suplied to tEis subdivision comes from the
Carlsbad Mtmici~al Water District.
All buildhgs constructed in this subdivision are connected to
the Carlsbad hblic Sewer System.
The sewer and water lines are not laid in the sane trench in any
part of this subdivision.
Proper drainage is maintained khyo-ahout the su3division so as
to prevent ponding and/or storage of surface water.
2.
3.
4.
Thnk you for giving us the o?port.mity to mzkc recomendations concerniry
the proposed su3divLsion.
Very truly yours,
($/$80dad -
J. 13. ASKLIT, 11.D.
Director of Pu’r)lic IIcalth
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cc : Federal EIousinr; AChinj s-lrstion
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i)qp’rtyl!cnt of‘ ,;P.G. 2,~ tcltc (SU~. scc . )
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I 1 j 6 WJ6e)BSlDE/KUBOTA & ASSOCIATES, INC.
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i -'T COMSVLTINO
iJLA ii#OIHCERti
2965 Rooseveit St. P. 0. Box 7095 * Carlsbad,California 92008 0 (714) 729-1 194 October 3, 1973
Mr. Donald A. Agatep Director of Planning City of Carlsbad 1200 Elm Avenue Carlsbad, Calif. 92008
Subject: mkuact 73-49 and ZC-135 w16..I--- Palomar Industrial Park Carlsbad Municipal Nater District
Dear Mr. Agatep:
This office has reviewed the subject tentative map and has the following comments:
1. This subdivision is within the retail service area of t
.* ' Carlsbad Municipal Water District.
2. The developer will be required to comply with all of th requirements of the Carlsbad Municipal Water District w respect to water service for this project.
If you have any questions or require additional information please contact this office.
Very truly yours,
&y/&&?/ J'? /\-
John R. Pierce, Project Engineer
cc: Carlsbad Municipal Water District
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JRP/sp In Orary> County. Sdritd Arid
7371
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R- D Z PA X? M E N T M E ;t-i '3 RA >j
A. M
PLAXNING DEFT. DATE 10-10 19 73 P. M
FIRE DZ?T.
StfSJWl: ZC-135 et CT 73-49 Palomar Airport Road
Because of th2 tremendous growth of construction and recent annexations 1
the City in the South Carlsbad area, our firef-fghting abilities have beer stretched to the maximum: The Hughes annexation and the possibility of the Palomar Airport entrance into th2 CTiy make for a situation which on: fire company can not handle. Three men and a pumper on an initial respoi to this area would be prohibitive even without the proposed annexation Oi this 302 acres of industrial zcning. Ply reccmendation would not ba den-
Adequate fire flow, fire hydrants, fire department acc2ss ~ust be provi.dt
as required by th2 Carlsbad Fire Department.
G.Ce,&U&
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.
A*N DIEGO 0
Pt'FStfC WORKS AGENCY
C. J. HOUSON &!%XfX?Ul~ Of ~!&Ztl2'&2h%V? @ FlOOd ~OTl&V~
County Operations Center, 5555 Overland Avenue, San Diego, California 92123 . . . . . Telephon Director
2 October 1973
Mr. Donald A. Agatep
Director of Planning
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
SUBJECT: Palomar Industrial Park--EIR
We have reviewed subject report as requested in your letter
of 24 September 1973. The report provides a comprehensive,
but general analysis of existing and proposed environmental
resources in this area.
The sautherly and easterly boundaries of the proposed develop-
ment are contiguous with the northerly bo-mdary of the San
Diego County Flood Control District. However, the drainage
will riot affect property within the District.
have no comment or recommendation to make on this propcrty.
We are returning your report as requested.
C. J. HOUSON
Therefore, we
w22?--$y3pG?? G. J . $$i'sAK
Princi a1 Civil Engineer
HS:pg
Enclosure
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I 21.'44.llO Temporary construction 5uildings. Tern-
porarystructures for the housing of tools and equip- ment, or containing supervisory offices in connection
with major construction on major construction projects may be e3tablished and maintained during the progress
of such construction on such project and shall be
. abated within sixty days after completion, or sixty
days after cessation of work. (Ord. 9060 §1509).
21.44.120 Required off-street parking_, Every
building, or portion of buiiding herea5ter erected, sha1'1
be provided with permanently maintaineci parking space as provided in this article, and such paxkirly spu-2 shall be made permanently available and be permanently main- tained for parking purposes; provided, however, that any alterations or additions providing less than five hundred square feet of additional floor space shall be exempted
from this requirement. (Ord. 9060 §1510).
off-street parking spaces required shall be no less than
as set forth in the following:
21.44.130 Parking spaces required- The number of
(1) USE - Automobile courts (motels)
(2) USE - Banks, business or professional offices
PARKING SPACES REQUIRED - One for each sleeping
unit or dwePling unit.
PARKING SfkCES REQUIRED - One for each four . .
hundred square feet of gross floor area.
(3) USrU - Bowling alleys
(4) USE - Churches
PARKING SPACXS REQUIRED - Four for each alley.
PARKING 'SPACES REQUIPXD - One for each six seats,
or if there are no fixed seats, then one for each one hundred square feet of floor space used €or assembly purposes.
(5) USE - Dwellings
PARKING SPACES REQUIRED -
(a) One, two-family or multiple parking spaces
Studio and one bedroom - 1-50 spaces/unit
Two bedroon - 1-75 spaces/unit
Three bedroom and more - 2-00 spaces/unit
required per dwelling unit: '
(b) Tandem parking within the front yard setback
shall be pernitted for those substanZard frontage lots with a width of less than fifty feet, provided there is a minimum
of one parking space pczr dk-elling unit provided for within
the required setback lines, and that the front yard building
setback be no less than twenty feet. . .
422 (Carlsbad 10/lfs/7 2 1
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(cf Front yard building sethacks for second and third flsors in R-W zones only, shall be allowed to extend to the ten foot setback line when tandem parking is utilized in the front yard.
{ 61 USE - Establishments for the sale and consumption
on the piemises of food ar,d beverages
( 7) USE - Having less than four thousand square feet - of floor area
PARKING SPACES REQUIRED - One for each one hundred square feet of gross floor area.
area OK more
fifty square feet of gross floor area in excess of four thousand square feet-
stores, household equipment, service shops, clothing or shoe
repair or personal service shops
square feet of gross floor area.
(10) USE - Hospitals
(11) USE - Hotels
( 8) USE - Having four thousand square feet of floor
PARXING SPACES REQUIRED - Forty plus oae for each
( 9) USE - Furniture and appliance stores, hardware
PARKING SPACES REQUIRED - One for each six hundred-
..
PARKING SPACES FEQUIRED - Two for each bed.
PARKING SPACES REQUIRED - One for each room up to
six bedroom and one for each three bedrooms in excess of six
bedrooms e
(12) USE - Libraries
PARXING SPACES FEQUIRED - One for each two hundred
fifty square feet of gross floor area.
(13) USE - Library stations and museums
PARKING SPACES REQUIRED - One for each five hundred
square feet of gross floor area.
.laboratories, creameries, bottling establishments, bakeries,
canneries, printing and engraving shops
PARKING STACES REQUIRED - One for each three
employees on the xaximum working shift, or not less than one
2 for each eight hundred square feet of gross floor area, which-
ever amount is the greater-
professional offices
square feet of gross floor area.
(16) USE - Nortuaries
(14) USE - Manufacturing uses, research and testing
(15) USE - Medical or dental clinics and medical- * *
PARI(1NG SPACES REQUIRED - One for each two hundred
PARKING SPACES REQIJIRED - One for each fifty square
feet of floor area of assembly rooms used for service.
stores
square feet of gross floor area or one for each five enployees,
whichever amount is greater.
(17) USE - Notor vehicle, r,achinery sales or wholesale
PARKING SPACES REQUIRED - One for each one thousand
423 (Car Is bad 10/15/7 2 )
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e e
(+8) USE - Offices not pxovidinc, customer service on
PARKING SPACES REQUIRED - One for each four
the premises
employees or for each eight hundred square feet of gross floor area, whichever is the greater.
fied herein
feet of floor area
PARKING SPACES FXQUIFED - One for each three hundred square feet of gross floor area-
USE - Having more than five thousand square feet but not more than twenty thousand square feet of floor area
PARKING SPACES REQUIRZD - Seventeen, plus one for
each one hundred fifty square feet of gross floor area in
excess of five thousand square feet.
feet of floor area
PARKING SPACES REQUIRED - Sevente'en, plus one for each one hundred fifty square feet of gross floor area in .
excess of five thousand square feet, plus one for each one hundred square feet of gross floor area in excess of twenty
thousand square feet.
fraternity houses having sleeping moms
sleeping rooms.
the aged, asylums, nursing homes
(19, USE - Retail stores, except as otherwise speci-
(20) USE - Having not nore than five thousand square
(21)
(22) USE - Having more than twenty thousand square
(23) USE - Rooming houses, lodginghouses, clubs and
PARKING SPACES REQUIRED - One for each two
(24) USE - Sanitariums, children's homes, homes for
PARKING SPACES liEQUIIiED-- One for each three beds.
PARKING SPACES REQUIRED - One for each two employee
(25) USE - Schools
(26) USE - Stadiums, sports arenas, auditoriums (in-
assembly, and clubs and lodges having no sleeping quarters
and/or one for each one hundred square feet of gross floor
area used for assembly and not containing fixed seats.
up io eight hundred seats, plus one for each eight seats ovgr
eight hundred seats,
USE - Transportation terminal facilities
PARKING SPACES RZQUIRED - Adequate number as de-
USE - Harehocses and storage buildings PARKING SPACES REQUIPSD - One for each five
. cluding school auditoriuvs), and other places of public
PARKIKG SPACES REQUIREIJ - One for each five seats
(27) USE - Theaters
PARXING SPACES REQUIRED - One for each five seats
(28)
termined by the planning comnission.
ernployees. (Ord- 9236 51, 1972:: Ord. 9060 51511).
(29)
424 (Carfsbad 10/15/72 1
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Recorded at request of and
' whcn recorded nail to:
STEPHZNS, JONES, LA FEVER & SMIT;3
800 Miishire Coulevard Los Angeles, California 90017 .
DECLARATION OF COVENAKTS AND EZESTRICTIONS
ITHEREAS, CC&F Palonar Properties, Inc., a California corporation, ("CC&E"'l is the -owner of all that certain real
property located in the City of Carlsbad, Comty of San
Diego, State of California, more particularly described in Exhibit "A", attached hereto and incorporated herein by
reference thereto (the "Property") ; and
velop all of the Property as an indcstrial center; and
pose upon the Property nutu+y beneficial restrictions under
a general plan-of improvement for the benefit of all of said Property, the inproveizents thereon and the future owners thereof
NOW, THEREFOX, CC&P hereby declares that the Property is held and shall be held, conveyed, hypothecated, encuxbered, leased, rented, Ksed, occupied and improved, subject to the following limitations, restrictions and covenants, all of which are declared and agreed to be in furtherance of a plan for the subdivision, inprovenent and sale of the Property and all of which are estz3lished and agreed upon for the purpose of enhanc-
ing and perfecting the value, desirability and attractiveness of the Property and every part thereof. All of the limitations, covenants and restrictions shall run with the Property and shall
be binding on all parties having.or acquiring any right, title o interest in the Property made subject hereto or any part thereof and shall inure to the benefit 05 and bind each owner thereof an
their respective successors In interest, ar,d are imposed upon sa
Property, and each and every portion thereof as a servitude in f of said Property and each and every portion thereof as "the domi-
nant teneixent, or tenements, a11 as follows, to wit:
WHEREAS, it is the desire and intention of CC&F to de-.
WHEREAS, it is the desire and intention of CC&F to im-
~
A. DEFINJTIONS. c
1. "Approving Agent" shall mean, in the following oxder of precedence :
(a) CC&F, so long as it owns. any interest in the
(b) Any corporation, association or trust controlled by CC&F or with which CCcF has been nergcd or consolichted os by which CC&F has been acquired, all as certified oC record by CC&F (hereinafter
called CC&F's Successor) so long as it owns any
Property; or thereafter
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e %erest in the property and provided it has
been granted of rccord by CC&F the exclusive right to approve *?lans and grant variances as
hereinafter set forth; or thereafter
'.
(c) Any association (whether or not incorporated) organized by a majority of the owners of re-
cord of the Property or parts thereof for the purpose, among others, of approving plans and granting variances as hereinafter provided, in which nem5ershi.p is available to all such own-
ers without charge, provided CC&F or CC&F's Successor has granted to it of record the ex- clusive right to approve plans and grant vari- ances as hereinafter set forth which CC&F agrees
will be done by it or CC&F's Successor before CC&F or CC&F's Successor ceases to own any in- terest in the Proyert;, If -..zitten request there- for is received prior to that time.
2. "Site" shall mean an area of land in the same ownershi]
either shown as one lot on a recorded plan or, if not so shown, described as the Site for one or more build-
ings by the owner in a recorded instrument, whether or not in either case acquired at one time or previously so shown as more than one lot, or shown or described for the purpose of lease but r,ot of conveyance as more
than.one lot. If an easement or easements over any portion or portions of a Site established by recorded plan or recorded instrument then exist or exists or
is or are reserved by CC&F for any purpose whatsoever,
the area of such portion or portions shall be included
in computing L\e area of that Site. If subsequent to the estahlishnent of a Site by recorded plan or re-
corded instrunent, any portion or portions thereof are for railroad, street, highway, utility or public purpose taken by right of eminent domain, or deed in lieu thereof, or dedicated or conveyed pursuant to
tions shall continue to be inciuded thereafter in
computing the area of "that Site. -
I reservation by CC&P, the area of such portion or por-
3. "Declaration" shall mean this Declaration of Covenants and Restrictions, as it may from time to time be amende or supplemented.
4. "Restrictions" shall mean the covenants, conditions and restrictions set forth in the Declaration.
* €3. RESTRICTIONS.
1, No building shall be constructed upon any Site:
(a) Within forty (40) feet measured at riqht
angles from the nearest edge of the right-of-way of any abutting street in existence at the .
time of such construction;
(b) With less than the minimum side yards required
by law, but CVCil if pcrnittcd by law, with
sidcyards which have an aqgrcgate tntai of less than twenty-five (25) feet. This restric-
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tion is intended to pernit the minimum sideyards
required by law bit no less than an aggregate of
twenty-five (25) feet when both sideyards are
With exterior walls constructed other than of tilt-up'concrete, masonry, or equal material; and the cons.truction of metal, prefabricated or
butler-type buildings shall be prohibited; and
.. (dl V7ith.a roof having a difference in elevation of more than two (2) feet unless approved in the manner hereinafter provided.
.. .I added together;
(e)
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2. There shall be maintained on each Site only buildings, paved walks, paved parking lots, paved driveways, lawn and landscaping, natural growth in undisturbed areas ,
the construction and/or installation of which shall be
subject to LIe approval of the Approving Agent in accordance with Lhe provisions of this Declar'ation; provided, however, that at least two-thirds (2/3) of the surface of the required set-back area from streets
shall he maintained in lawns or other landscaping; and provided further that, natural growth nay remain on tho
portions of "he. Si,te side and rear yard areas which
have not been disturbed by the construction of improve rnents on the Site.
3. There shall be maintained on each Site facilities for loading and unloading sufficient to serve the business conducted thereon without using adjacent street theref'
Adequate off-street parking shall be provided to accorn
. modate all parking needs for employee, visitor and corn pany vehicles on the Site. The intent of this provi- sion is to elirr.inate 'Ihe need for any on-street park-
(10) feet to a street property line. No use shallbe made of any Site which will attract parking in excess of the parking spaces then available thereon. Not lesi than two percent (28) of the parking area of any Site
shall contain landscaped islands.
4.
I ing. Parking shall not be permitted between public
~ street pavexent and a.;?roperty line or closer than ten
5. Each site shall be used only for xtanufacturing, pro-
cessing, storage, wholesale, office, laboratory, pro- fessional and research and development activities; and
there shall not be permitted any junk or salvage yara or any other use which will be offensive to the neigh- borhood by reason of odor, fumes, dust, smoke, noi.se, glare, heat f SOUild, vibration , electro-mechanical dis- turbances, electro-nagnetic disturbances, radiation,
air or water pollution or will be hazardous by reason of danger of fire or explosion. KO use of the Site
shall he permitted which will result in the discharge of toxic matters into 2.ny sewer systen servi.ng the Site. Retail uses shall be limited to sales of goods and services rcasona1~I.y required for t+e convenience
of occspsnts wi.th?in the Prcperty such as restaurants, drug stores, barber and beauty shops, shoe repair 1 shops , cleaners, posk offices, banks and automobile
service stations; and no such retail uses shall he undertaken unl.ess and until the same shall have been approved in the manner hereinafter provided.
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6. The @ ..cerior of all structures and B _- walks, drive- ways, lawns and lzndscapinq on each Site shall be main- tained in good order, rr:pair ar,d condition; and all
exterior painted surfaczs shall be maintained in first- class condition and shall be repainted at least once in every four (4) years.
Unless specifically approved in writing by the Approv- ing Agent, no materials, supplies or equipment shall
be stored in any area on a Site except inside a closed building or behind a solid visual barrier, constructed
of material acceptable to "&e Approving-Agent, which screens such areas so that the stored items are not visible to a person six (6) Feet tall standing on any part of the neighboring property or public streets at an elevation no greater than the elevation of the base of the items being viewed. All roof-mounted mechanical equipment, utility installations, duct work, radar equi ment, radio or television aiitenna or any other devices which project vertically =ore than 1-1/2 feet above the roof or roof parapet shall be screened by a solid visua barrier which is detailed consistent with the building.
8. No buildings or structures shallbe erected, or exterio structural alterations or additions made on any Sike except pursuant to plas and s2ecifications approved in
the manner'hereinafter provided as to landscaping and architectural confornity to an industrial center. The
requirernent of approval set forth in this paragraph is in addition to, and not in substitution for any and all
other restrictions herein contained.
7.
9. No exterior signs of any type which normally would be visible fron tlhe neighboring properties or public streets shall be placed or naintalned on any Site or building unless the sme shall have been first approve? in writing by the Approving Agent, Said approval shall not be unreasonably withheld provided that plans for
same on Lye Site or building are submitted to the Approving Agent and provided that the design, type and
location confornto any siqn standards as nay be then
generally established by t\e Approving Agent and in effect with respect to the Property.
30. Street lighting standards constructed on any Site shall
conform with all ap;?lic&le governmen-tal requirements and shall. be installed wi"5d.n the appropriate distances
relating to driveways and/or curb cuts on such Sites.
I the proposed sign or signs and "&e location of the
*
C. APPROVALS, VARIAXCES XCD WAIVZRS.
1. So long as there is an Approving Agent it shall have
the exclusive right to grant zp?rovafs required by the Restrictions and to waive or vary the Restrictions in
particular respects whcnevcr in its opinion such waive^ or variance will not be detrimental to "he intent and
purpose of this Declaration -
After there ccases to Sc an Approving Aqent the owners
of record of the Innd in the Property abutting upon
2.
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-a .e
each Site shall have.the exclusive right to grant hp-
provals requireC! by the ‘i?estrictions and the owners
of record of two-thirds (2/3) in area of land in the Property within five hundred (500) feet of each
Site (said area to be defined by a line parallel to the boundaries of each Site and located five hundred
(500) feet tiierer’rox) shall have the exclusive right to waive or vary the Restrictions in particular rc- spects whenever in their opinion such waiver or vari- ance will not be detrimental to the intent and purpose of this Declaration. ..
A~Y person having a2 interest in any Site may rely upon any ins-tru.mcnt of record signed by the Approving
Agent or after there ceases to be an Ap-$roving Agent by the appropriate owners referred to &ove purporting to grant an approval or to waive or vary +he Restric- tions in particular respects.
.
3.
4. Any construction I other than exterior signs , driveways , parking areas, grading, landscaping, fences and screens completed for nore tkan three (3) mon&As shall be deeme approved, ur.less prior to the expiration of such period a suit €or enforcexent has been comxenced and notice thereof duly recorded. No owner of any Site shall be
responsible except,for violations occurring while owner
. D. EKFORCE>ENT.
1. All of the provisions herein contained shall run with
the land and shall be enforcezbfe at law and in equity,
So long as there is an Approving Agent it shall have
the .exclusive right to enforce fzze provisions hereof, wi”cfiout liability for failure so to do, except that
each owner of record of land in the Property shall
applicable to any Site if the Approving Agent shall fail so to 60 within thirty (30) days after written .request from any snch owner.
.. 2,
4 have the right to enforce tine provisions hereof then
3. After tilere ceases to be an Approving Agent, each owne:
of record of land in the Property shall have the right
to enforce the Restrictions zhen applicable to any Sit, without liclbility for failure so to do.
(a) 4, In addition to the right to proceed in equity for
the enforcement of tile Restrictions , in khe event
that the Restrictions are violated or breached, the Approving Agent nay, witlout liability for .
failure so to do, enter upon the Site of said violation ox breach and take whatever action it may deem necessary to abate and remove noncon- forming uses or to othe:rwj.se effect compliance wi
the Restrictions, at the expense or’ the owner of said Site, provided that the Approving Agent shal
have givcn to the owner of said Site at lea5t si>
(GO) clays‘ written notice of its intention to do
so and saic! owner of said Site shall have failed to correct said violation or brcach; and in such case snic? oniier of said Site shni’i be responsiblt to rch’sursc the Approving Agent forthtrith upon
demand for a11 costs and expenses incurred in
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nnection therewith ("Noncom nce Expenses") -e accordance with the provisfi of subparagraph
(b) In order to provide for the implementation of the provisions of subparagraph D. 4. (a) above , each
oc;Tner of any Site within the Property by acceptan of a ,deed or other conveyance therefor, whether o
not it shall be so expressed in any such deed or other conveyance, is and shall be deemed to coven and agree to pay to the Approving Agent an assess nent for any Noncor,pliance Expenses incurred by t
Approving Agent in connection with such owner's Site.
(1) The Approving Aqent shall maintain accurate
D. 4. (b) hereinbelow.
books and records reflecting any Noncompliaac Expenses, an< shall provide each owner of an
affected Sire a statement with respect theret Each affected owner shall pay any Noncomplian
Expenses applicable to such owner's Site with
10 days following the receipt of such stateme
If such statement is deposited in the United
States nail in the State of California, duly certified or registered with postage prepaid addressed to the owner affected thereby at hi Site, the same shall be deemed received by su Owner.72 hours after such deposit.
(2) Any Noncompliance Expenses assessments, toget with such interest thereon and costs of colle thereof as provided hereinbelow, shall be a c
on the land and shall be a continuing lien up
the Site against which such assessments are r.1
, The lien shall becoxe effective upon recordat of a notice of claim of lien as provided here
This assessnent, together with such interest
costs, shall also be the personal oblicjation
I the person or entity who is the owner of suck
at the time when the assessment, or any porti
thereof, fell due and shall bind his heirs, devisees, personzil representatives, successor and assigns. Kowever , the personal obligatic shall not pass to his successors in title unl expressly assured by then. No owner nay wai.7,
or otherwise escape personal lisbility for tl-
assessment provided herein by nonuse or &and ment of his Site.
(3) If any Noncoapliance Expenses assessment or a portion thereof is not paid within 10 dqs'af the due date it shall bear interest fron the
e of delinquency at '&e then legal rate, and, i addition to all other legal and equitahle rig or remedies, the Approving Agent may, at its bring an action at law against the owner who
personally obligated to pay the same, or, up( compliance with the notice provisions set €01
hercinbcloiiy, to foreclose the lien asainst tf
Site, and thcrc shall he added to the momt
such aLsscssz)cniT- or any portion thereof, the interest thcreox, all costs and expenses, inc
ing reasonable attorney's fees, incurred by f
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Approving Agent in collecting the delinquent assessment. ~n lieu of judicially foreclos-
ing the lien, the Approving Agent, at its option, nay foreclose such lien by proceedins
under a power of sale as provided hereinbelow such a power of sale being given to the Appro‘ ing Agent as to each and every Site for the purpose of collecting assessments. Each ov7ne.r vests in the Approving Agent; its suc- cessors or assigns, the right and power to bring all actions of law or lien foreclosure
against such owner or other owners for purpos of collecting delinquent assessments.
(4) No action shall be brought to foreclose the lien, or to proceed under the power of sale, less than thirty (30) days after the date tha
a notice of claim of lien, executed by the ApprovicG Agent, is recorded with the San
Di’ego County Recorder, said notice stating the amount claimed (which may include interes and cost of collection, including reasonable attorney’s fees), a good and sufficient legal description of the Site being assessed, the
name 02 the record owner or reputed ‘owner thereof, and the narne and address of the
’ Approving Agent as claimant. A copy of said notice of clzin shall be deposited in the
United States nail,’ certified or re.gistered, and postage prepaid,-to the owner of the Site
A?y such sale provided for above shall be con
ducted in accordance with Sections 2924 , 2924 and 2924(c) of the Civil Co6e of the State
of California, applicable to LIe exercise of powers 05 sale in mortgages and deeds of trus or in any other xi;anzer permitted or provided by law. The Approving Agent shall have the
power to bid on tiie Site at the foreclosure sale, and to acquire and hold, mortgage and
convey the sane.
Dgon the timely curing of any default for whi a notice of claim of lien was recorded by the
Approving Agent, the Approving Agent is hereb authorizcc? to file or record, as the case may
be, an appropriate release of such notice, up payment by the dezsuiting owner of a fee to b determined by the Approving Agent, but not tc exceed YGenty-Five GolZars ($25 .OO) , to covei the costs of preparing and filing or recordir
such release together vrith the payment of suc o’&cr costs, interest or fees as shall have been incurrcd.
I (5)
(6)
(7) The assessxent lien and the rights to foreL c1osur.e and sale thereunder shall he in addit
to and not in substitution for all other rigl- and rcmeclies which the Approving Aqcnk and it
succcsso~”s and, assigns may have hereunder anc by law, -.
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(8) The lien of the Noncompliance Expenses assess ments providcci for herein shall be subordinat -to L5e lien of any deed of trust or mortgage now or hereafter placed upon any of the Sites within the Property subject to such assessmen provided, however, that such subordination sh
app1.y only to the assessments which have becoj due and payable prior to a sale or transfer o such Site pursuant to a decree of foreclosure -or any other proceeding in lieu of foreclosurc Such sale or transfer shall not relieve such Site L'rom liability for any assessments there- after becoming due, nor from the lien of any such SL&S~G.;GL~ aaSez.sii'ent.
.
(c) The Approvhg Agent shall have the right to prose- cute a proceeding at lzw or in equity against any
person or persons who have violated or are attempt ing to violate any of "&,e Restrictions, to enjoin or prevent -&ex from doing so, to cause said vio- lation to be rernedied and/or to recover damages for said violation,
The result of every action or omission whereby the
Restrictions are violated in whole or in part is hereby declared to be and to constitute a nuisance and every remedy allowed by law or equity in nuis-
ance shall be available to the Approving Agent.
In legal or equitable proceedings to enforce or
to restrain a violation of the Restrictions or
any provisions hereof, the losing party or parties shall psy the attoLneys' fees of the prevailing - party or parties in such amount as may be fixed by the court ia suo5 proceedings.
All remedies provided herein or at law or in equit
shall be cmnulative and not exclusive.
Failure by "he Approving Agent to enforce the Re- strictions or any provision herein contained shall in no event be deeiried a waiver of the right to do so thereafter.
(h) The Restrictions are enforceable tro the extent - not prohibited by applicable statute, ordinance,
' . regulation or other law. Invalidation of any one of the kstrictions or my provision hcrcin con-
taincrl by judqnent or Court order shall not affect any other Itestriction or other provisions, each of which shall renain in full force and
effect -
(d)
(e>
d
(€1
(g)
.
-13-
-
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5. The * strictions shall continue to main in full forci
and effect at all times with respect to all the Prop- erty and each put the.:eof, now and hereafter made sub ject thereto (subject, however to the right to amend and repeal. as provilcd for herein) for a tern of thirt
(30) years frox the date this Declaration is recorded. IIcli;ever, unless within one (1) year prior to the expi-
recorded an instrunent conforming to the provisions of paragraph 6 hereinbelow directing the termination of
the Restrictions, the Restrictions as in effect im- mediately prior to the expiration date of said thirty
(30) year tern shall be continued au~omatically with- out any further notice for an additionalperiod of five (5) years and thereafter for successive terms of five (5) years unless within one (1) year prior to the expiration or' a~y such five (5) year period
the Restrictioas are terminated as set forth below in paragraph 6.
. ration of said thirLy (30) year term there shall be
6. This Declaration, the Restrictions or any provision contained herein nay be terminated, extended, nodi-
fied or amended as to the whole Property or any portion thereof with the written consent of the owners of seventy-five percent (75%) of the Property based on the number of square feet of the Property owned as
coiiipared to the .total nu?lSer of square feet of the Property subject to the Restrictions, with each owner receiving one vote for each square foot of Property owned; provided, however, that so long as the Approvini Agent 0~\7ns at least twenty-five percent (258) of the Property subject to the Restrictions or €or a period of fifteen (15) years fron the effective date hereof, . whichever period is longer, no such termination, ex- tension, modification or anenhent shall be effective without the written consent of the Approving Agent ' thereto. No such ternination, extension, zodification or amendment shzll be effective until a proper instru- ment in writing has been executed and acknowledged and
recorded in the County of San Diego. J
EXECUTED this day of , 1973.
CC&F Palomar Properties, Inc.
BY
XtS
L c
BY
Its
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e *.
STATE OF CUIFOXZIA )
COA'TY OF SAN DIEGO )
) ss.
On before me., the undersigned,
a Notary Public in and for said State, personally appeared
known to me to be the
President, and
known to me to be
that executed the within InstruXent, known to me to be the
persons who executed the within instrument on behalf of the
corporation therein named, and acknowledged to me that such
corporatj.on executed the within instrument pursuant to its .
by-laws or a resolution of its board of directors.
Secretary of the corporation
*
WITNESS my hand and official seal.
Signature
# Name (Typed or Printed)
~
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~ - - - - ___ - - - .-
RONALD I -- -
e m , .-
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STATE OF CALiFO~I.IIP;-::;~3l~~C~S AGfb'CY ---__ _^__ ___ c -..- __ . ____ _____ - .____ -__- ___ -_~ -.--__ ~ -______. __._____._..______________-____ __ ugp/~a-[$~~.~qr c);: ?ISH L\>.$-> G.)AJy\E
350 Golden Shore
Long Beach, California 90802
October 15, 1973 ..
fgE-cE
OCT 1
CITY OF C,
Mr. Paul Pee Villiams
City of Carlsbad, Planning Department
1200 ELrn Aveme
C arl s bad p Cnl if o rnia
Dear Mr. Williams :
Thank you for the opportuity to review and comnent on the draft en-
vironmental impact report for Palomr Airport Industrial Park.
This project contains the potential to significantly adversely effect
the fish end wildlife resources present in the area. Industrial waste
products in'cro6uced into the area could significantly add to the deter:
oration of water quality, especially in the.pond area which contains
surface water for 8 to 10 months of the year;
flow to %,he ocem during the rainy season and co-dlri even become intro-
duced into the ground water table, For these reasons the Regional Wati
Qua2ity- Control Board should be requested to set waste discharge re-
quirements on the construction and cperation of this project, if it is
approved a
The pond mentioned in the report is now dry; however, significmt ripa:
ian habitat is present at the pond site as well as throughout the enti:
Gangon de Pas FS1cina.s. Any proposed activities which wculd result in :
alteration of the strembed (within the high-water roark) require that *
project sponsor notify our office prior to comenciog work. The appro
priate form and inf'orr;tation are enclosed.
Finally, we note that adequdio mitigation is not provided for the lost
habitat arid displaced wildlife. Landscaping with exotic plants does n
replxe or nitfgate for lost naturd. vegetction,
measures should include the constructicn of a dmzed, permanent pond s
rounded by natural vegetation to provide habitat for fish and vildiife
Ve recosmnd that if the City of Carlsbad maexes this land, it should
reaz1i.n zoned t3 &I&e The pieceneal exploitation of Southern Califor
can only result in the coxplc-te eliii5nction o€ our fish and wildlife
9 2008
Plannlng Id(
These pollutants would
Suitzble &tigation
c
0 e
-2-
resources,
condssions, city cou?cils, md boards of supervisors, can protecb
these fish and wildlife resource values by causing project sponsors to
mitigate fully for damges and in some cases by outright denial of
projects in key areas.
The city and county governments, acting through planning
J/ ,l;u2 [~@ !V.. -- fJ /D
Robert De Kontgomery
Regional Hanager
Region 5
cc: Chief of Operations
Environmental Services Branch
*
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e .I", .-
'The followiq i. a direct quote of Sections 16'31 - 1603 of the Californ5a Fizh and. Ghm Code.
..
' ::Sect;on l&Ol, bcept arp hereinzfter prcvided, general plans sufi'icient
,to indic2te the natiire of a project for construction by, OP CII behdf Gf,
my .govemmhtal zgency, state CY Ictal, md my public'utility, of any prc
ject kthlcfi krill divert, obstrcct or chLq,n;e the nakaal flcw or bed of my
river, stream cr lake desigatlted by the depzrtzxnt, or uill use rr.aterial fx
the strecxbeds decig-n-.ted by the cie?ariment, skzll be eubxittcd to the dep:
ment. L'hzn rn exiskizg fish or game resource rzy be substmtially edverse:
affected by sxch ccnstruCti.cn, the depa.rtmtnt t;i7_1 prc9cse reaecnzbl e mdi:
cations in thc ?ro;=osc3 ccnstrzcticn 2s trould allorr for tht? protec.ticn and
continuance of the fish or gane recozrce, inslrrding proc,eiinres to review t:
operatien of sue5 lsrotective r.:.tasuI'Cs. Such prcaosals shall be subritted y
in 30 drrys of receipt C: such pleas, with the prsvision thhct this tine cay
extended by m.tua1 a,geeriient. The dep.rtmr,t shd.1 nctify the ai'fecte'ci pa:
that it shzll rake cnsitc investigsticn of tfie pronosed ccnotructicn md a:
rc&e such investigaticm before it 7rcpcses any Kodificetions.!'
W-thin 14 da;Js of receipt of the deprtmnt's prc?oealz, the 8.ffected age
shall notify the dc?ertxxnt in writing as to the acceptzbility cf the prcF
except thzt this tize my be exteadcd by nstual sgrcment. I2 sl~ckl props
are not acceptable to t5e affected agency, then that agency shall so notlf
dcpartrxnt. ;.iithin seven deys a panel sf Zrbitratcrs sh~ll 'oc established
posed of one rep-esmtative of the depcrtnent, OZE: rep-esentctive of the 2
fectec? agency, and 2 third person rr;ut-d.ly agreed upn, CY if no egreeiiicnt
. . be rcac54, the third ?ersoc she?,l be cppointed in the manr;'r provided 'cy
ticn 12El.6 cf the Code cf Civil Procedure. The third. persen shall act as
pznd chairmir.. The panel s5dl have ?over to settle dicspeezents mc! n:
bindicg decizicns ~e~z~GLn~ such fish and pmc m2Lficaticnr. Such arbit:
shal.1. be ~~~pf.-.t~d vithln X diays frcz the dz!y that the coqcsition of thr
is estebliokcd, unless the tixie is extended by mtLp3 egree:nent. rjrpense:
the de?artm.r,t representetivc =e to be bcrne by the deFdxznt; e>:?€lises
the rcprcscitative cf the go7:ernnentd rgcncy, strte or local, or the pubj ita tire to be bcrric by th.1,- goverxientd zgency, stote or lccd., or the pul
ity; expenses cf the chirxzn are to be paid one-half by each party."
l1Agencies.Froposing projects dfccted by this secticr, shall not ccrncace :
eration: until tt~ de;artncnt's prcposals, cr tke decisions of a pael of
trators, have been incorpcratd into szch projects. fI
V"e dcpartsent shall detcrzine ?ad specify t;y?eu of work, aethods of per
or remedid ~xarures which r hall be exempt from .the operntion G? this SEC
"3E3. 1.5. Ssction 16D1.5 is acl,dsd to the Fish 'end cane cof!e, to read: :
In cddit5.09 to the srovlslcns of Section 1Gz1, the dt:?art,::e:i.1;, fGllociinc
sicn of the z.cdificzticns reCerrccl to in Scct?.cn 7jc\1, :!xl). by IX~IJ~~ z.g
with E!IJ' st2.t~ 2i;c~cy p:.c?ocin,- STJ~I ?ra,i ECt, cx:tcbliah such proccsurcs t
partics Get2 nrcerrorj- to ?r:.jl:;c zdc?u~ic rcvie;.; cf the ;,~~;jo~~,~ ;:,-,dific
resGUrces. I:' nc a~rcc:r.cnt cm kc ~cr?c:?c:! 5ct:.lctn the ::c;;cr;:r.cnt sac] t:"if
azCnCy pYCy)22i.!i< t!lC ?rc?j tC$, j.n
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the pro~c~~~cc. for 3ybitrciic;n rpccificd 3 601 Sh?-l. tllCr, c,?ly, I'
-;
I ! : . 1, ,,,. pi..- 2. Section 1692 oI aie yish nnii Gesc ccsc is. mer,, a to rend:
; 1&;1: j..?y pcrscn ~b.0 scSstkctizL].y diverts or cbt.t~wl;s the netural flc.hc GI
. i <snEstmtial.l:; chzngei the be;', chnnnel cr bmk of eny river, strezm c.r kke,
: or ucei zajr r;ztEricL frcr.; the ctrcz!.bt.dc, shd.1 notify the cicp.rtrcent of cuc , o?cratiCns, c;;:~?t :;jllcn the de.=~,:t~.~nt has kern cctlficd p~rsumt to Sectior
I 1691. Ihc dqsrtrrcnt within 35 ckys of recei2t of z~ch notice, or vithi2 t,l
<ir?.c dcte-::;ir,c:! '0;r :xb~.;l. virttcz agreement, shell, xhcn ~n exizting fish cx . . ~SXZ ~C,CC?.II-CD 137 Ize zLbstantizliy cdvcrcel;. effected by such cpralicne, cu
% rdt tc the ?e:.scn its prc;cszls 2.5 to il.e~..curc.c: necezsary to 1' "~+,ect - fish and
life. ?)-,e dqxrteent ch2.11 nctify tke eftf-cted prties t2a.t it shall me.ke c site invcstt,eti.cn of tIie 'c2eratiGn end sh~l.1 mltc such investizati.cn befcx-c
shell pro2oce eny r.~~.cure neccssery .to p;-otect the fish and uil6Iifc.l1
'!?!itkin 14 &ys of rccei$ cf the dqcrtrmt's pro>CS?lS, the .affected ?erst
shdl notify the cfepnrtixent in t!ritinG as to the ezcc2trbility of the propo:
excqt tbt this tke i:z.y be c:ct~r,ded by z.zl;ual zgremcnt, If such pcpcsrtl
not zccc$zX,e to the afTccte6 SErscs, then tht 2erson shall so fiotify the
:!i.thin eevcn days 2 pazel of arbitretors sh23.2 be cs.tEtbl'ishcc! ccfi
of one represenbz?tive 03 the depxixa-k, me representetive of the affectec!
eon, rid F, third pcrccn rrutuslly ped L~Z? cr if 20 agretrimt ea be reac
the third ?crssn zkd.1 be qpcintc-ci in the xzzmer ~]rcvided by Secti.cn 1211.6
.the Cc2: cf' Ci-~il Prcccdure.
?an4 sh.al!. hatie psver to settle disagrcemcnts md rzake bindhz decisions rc
ing fish and ,-am mcdificztlons. SEch arbitration shall be ccxpleteci within
d.ays fro3 the 2zy thzt the ccn7ositicn of the pael is c~t&lishcd, unless tl
is extcndnd -by rxtusl cgreer;.ent. 2xpcnzc.s of .the depzrti:lcit representative ;
be hom?e,bj. t5c 5c?dzmt, expezs~s of thc reFrescntF.5ive cf the ;erecn %ha
or obstrzzts the r,et~.~zl flc~ or chmi;es ths bed of'anjr river, Etrem or le28
uses eny zatcrirl fro= the streexb~cds she2.l bz Scrnc- by ~.u:h perzcn; cxpc:nse:
the cheirrm ;rre to be pied cne-hdf by ca.ch ?arty. Perscns propozing ogcra'
nffcctcd by Chis sceticn shill not co:;mnce mch cperzticns urltil the deprti
porpozds, or the decisictns of a pznel of arbitrators, have been incorporate( such ?rcj ects. 11
"SZ. 2.5.
1692.5. hy party affeckci by 2. ciccision sade by m arbitrzticn pencl pursu:
to GectiGn lGsl or 1622 x-2~ 2ctiticn a cczrt of coqeLent ju:-iz6iction cor cc
mation, corrccticn, OT vacetion of the decision in accordance trith the provi:
Of Chnptcr /+ (coraencing with Scc'iLGn 1265) of Title 9 of ?;rt 3 of the Code
Civil Procechrc. 11
''%X* 3.
1603. h?y governcentd ego1 cy, stnt~ or local, which intends to s?eci€y any C2.tion Of pzrsible ccnLtructicn izteriel s.wzli ss borro:: pi$s or gr,-,vc- beds,
thc uzc in an;. ccnstruction EX~CC'; ~lnc!ert;r.!;c.n on its bcjlzlf which 1+7cdcl bc z
to this c!~zpt~r, ::~ZII' Inelude i.3 en7 notice invit.in;; bids, any r.Ddific2tionE
ccncliticfiz c::LiEizhcd pursxsnt kc Sccticn lt;c\l. of this code. :I
\.
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., pertmnt.
The third pcrscn sk11 2.ct as pmcl cheirrrm.
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Secticn 1602.5 ic %<bed to the FiEh and Gae Code, to rct~d:
Section 1603 is added to the Fish and Gaine Code, to read:.
c *
STATE OF CALIFORNIA-RESOURCES AGENCY 0 0 RONALD RE ~---
DEPARTMENT OF FISH AND GAME
SACRAMEN,TO, CALI:ORNIA 95814
1416 NiNTH STREET
*< G. Ray Arnett, Director
TO: All Contractors; Loggers, Sand an2 Gravel Operators, Agents
of State and Locd Govermental Agencies and Public UIilities
and Other Interested Persons
J
Sections 1601 and 1632 of the California Fish and Gaze Code relate
to construction projects by any state or local governmental agency
or public utility which will divert, obstruct, or change the natural
flow or bed of any river, streasl or LaXe designated by the Department
of Fish and Garce, or use nateria from st.reznbeds designated by the
Department, and to the activities of nongovermental agencies and
all other persons who might divert or obstruct the nztural f1o.w or substantially change the bed, channel or bank of any river, stream
or lake, or use my rnzterial from the streambeds.
These two sections of the Esh and Game Code were revised by the
Legislature in 1370 to provi-de for new procedures in processing
notices sub?ilLtted to the Department for proposed construction prO,jeCd
or other actiirities affecting stremibeds.
The lairs do not provide for a, definition of "river" or "Stream" to
be used in their inteqretation.
developed the following guidelines:
Therefore, this Department has
A river or streax is a ncturd water course as designated
by a solid line or dzsh arid three dots symbol shown in blue on the largest scale U. S, Geological Survey Topographic Mal
most recently pblished."
If
This guideline is t5e saxe as the definition of river or stream
adopted by the iiorth bast RegionKL Water Quzlity Control Board for
waste discharge prohibitions relztive to logging or construction - activities. Ilowever, tne Departneni; of Fish and Gme recognizeS b,ha
this guideline is subject to certain exceptions, and intends that it
be used 2s a general rule.
headvater regions, Gre incoxpletely mapped by USGS 3 and consequently
have strems in existence which are not indicated by the USGS maps.
In en area. vith flowing water which could be considered a strem, ye the xatercourse is not indicated on the appropriate USGS nap, the
operator saould contact the Departmnt to determine the need for fil
under Fish ad Gane Co6.e Section 1601 or 1602.
Portions of sone areas, particularly
SincerS. l y, /I /-------> /' <----pq
DI rc c t or - .
~\UL~\-C-CKUI AYO r.eccxued- k &!led in bi 8,yLctnr) 6.. S?ATE OF CALIFQRNtA
DETP&Ti;EN'i CF FlSH AND GAME
RESOVfCfS E.C;E1.!CF
0'
"QTEICA'FPQT~ OF REMC3VliL OF ?2F&T.'EE",IYA&S AND/OR ALTEPL
OF L$ZG, PdTWLp OR STZJA3A3ED RQTTOF<t, OK &&2&GI&
. k rnPSJWJ*rT
brat go %&on 1601 0: I602-d the G-Iiinria Far 2nd G?me We
.rlf
Ntmc of rpp!xmt LC;lict IG&UU
r;
RcIS'tjM&g (NZmC Cf %-. cDZQp83T, CW.)
KmSy ndy die GliLo/orrti3 Depzrtincnt of Fish ad G.me of opratiw w bs carrid ous by me, os the c
ization I RFrmnt,
Fr0.n tn DlfC IhU
n4 &wry
??mas of s~ftdc~. rirrr, OT kL
in* zz !ktion______, Townstlp * Rzng-- NE, NW. Sf. or St7
(Cmflefe site LrscPipfiorz d revei-sr ride of tbe stcmd sbect.!
TIap owner oi the propmy is
wl*m ad&m is
a.
is respnsible for cpera tion s at tli: (Nm of perwa to k conucced as ittc duracs 0pcrrtic;u.) . I'
He cm b rezched 2t- E;.ik rcXrwa
'fc:ephouc No.
B. DESCE~PTIOX OF omsnm *
1. at xiZtUrc of said oixrztions will k 3s folIows: (Chrck ali sqtazrrs wliich app!y)
A. a SG1, sand, grad, d/or boulder rtniovZI or dispI'ccnient. (If chcclrcd, complete iecms 1, 2, z
brlo~ as 2ppIicaSic.)
B. a Vatu divcrs:on or impoundment. (If chccl-ed, complete items 1, 2, 3, 2nd 4 b:Iov as zpplicatle.)
C. CJ hiinin&-othcr tlim zgpgntc removal. (If clrcc€:ed, ccmp!etr itcrns 2, 3, 2nd J lxIonr as appiical
D. D RG~ oi bridge COilSETUCtiOA. (If cficchtd, ~omplctc irems I, 2, 2nd 3 bcbw 2s j.pplicallc.)
E. n f;O;@ig. (If cIiccJ:cd, conipierc iicms 3 2nd j Lxlow as appiiczb!:.)
F. /J O~lz~--d~~~riLc: - .
. Item NO. f.-Vo?umc of sind, ,el, znd/or touSdcrs ta be removcd, displi t ~ddcd durhg time PI covcicd in this no @ sisa. 9"
Dexzilx:
- --
kt&~ Ne. 2.-Type of mzterial nemiwed or displaced
f3 Sc.3
0 &nd
c1 Gravel
pf hulders
\
Ites NO. 3.-Equipmmt to h used in fhe described site
a Cddozer, az, Iogginz zr&, etc.
D Dragline
n Bucket dredge or suction dredge
D Other (Describe)
Item No. 4.-Usc of water (k, dcmestiq irrigztion, grayel, wishing, etc.)
J
D~sc&:: .
ifc~ No. 5.-hlateria! not covered in Item No. 1
A. Describe type of so!id miterial which wiII enter or b deposited in tht stream or lJre resdt of this oyr-tion:
I). Es:imirc qu-niity G! mw-ixl which will cnter or bc dcrositcci iri tlic imdy of vlater recult of this oixr-rion:
- ---
Iv ~II3LIIuZ: YUUl Ui)CIALIWil, Ll1C 5lLILL lX-'(JW IS 1JIUYIUCU LWT XU01 e- 0 *. ... -.- ,-"".., - .... a-.. .... ..... --
dscription.
- -
c. SSrETa3 vi-2
Diagram 0: skc:ch beIon7 the Iocztion of your operztion to cIezdy indicate the strean or other mater and from named public road. Indicate Iocked gates with an X. Show compass direction.
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Sisnrcure$f Aipplsciot
Rite:
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SEE -SWEET No* 7
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t
A RESOLUTION OF THE PLANNING COMMISSION OF Tf CITY OF CARLSBAD, RECOMMENDING TO THE CITY I
5i (PALOFIAR AIRPORT INDUSTRIAL PARK-CABOT ,CABOT& I
I
8
9
10
22
a request for a pre-annexational change of zone from A-
to City of Carlsbad zoning P-M (Planned Industrial) on
337.15 acres of land generally located in the southwest
the intersection of Palomar Airport Road and El Camino I
3.211
13
14
15
more particularly described as:
All that portion of Lot "G" of Rancho Agua He in the County of San Diego, State of Cali-forn lo Map thereof No. 823, filed in the Office o County Recorder of said County November 16, 1
WHEREAS, the Planning Commission did consider the X
17
18
3.9
201
21.
22
23
24
251
26
27
29
28
I
mental Impact Report for this project and approved same
and;
WHEREAS, at said Public Hearing, upon hearing and
the testimony and argumentsg if any, of all persons who
be heard, said Commission did find the following facts
1 I to exist which make the approval of a zone change neces
carry out the provisions and general purpose of Title 2
11 1. The P-M zoning designation is the appropriate an industrial park with light manufacturing, resea development, warehouse, storage and product distr-i The F1 Zone district permits a number of uses that 1 % be compatible with those uses and adjacent uses in
In addition, the P-M Zone district does permit the j of comnercia? US~S that would be ancillary to the
I park by a C.U.?. The application af the C-2 Zone would also permit a far greater range of Lises than compatible with existing or proposed uses in the a i P-p.1 Zone designation allows the uses proposed by t hotel , mote! , restaurant, service station and bank i lities, by a Conditional Use Permit, as long as th
I
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ai
2
3
I
2. The influence of the Palornar Airport does n subject property conducive to residential develo
3. The proximity of the property to two major streets does make the property conducive to indu
4i
51
'p
81
g
le,,l
I
6i
development.
4. The development of a large parcel for indus results in a logical, planned facility that woul~ to the geographical center of the City and Would compatible to the major influence in the area wh airport. The application of the P-M Zone designi guarantees compatibility to the total area. I I 1 the City of Carlsbad, that it does hereby recommend ai
City Council of the adoption of an amendment to Title
i
I
I 1
NOW, THEREFORE, BE IT RESOLVED by the Planning Cc
I
11
2-21.
13
change from A-1-8 (County) to City of Carlsbad zoning
Industrial).
PASSED, APPROVED AND ADOPTED at a regular meetinc I
17 and Little
NOES: None
I* 19
21
2o
22
23,
24
25
26
27
I I ABSENT: Commissioner Palmateer
1
j
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1 E.W. DOMINGL Chairman
ATTEST:
j DONALD A. AGATEP, 1 Secretary
I I I
21
31 41
CITY OF CARLSBAD SETTING FORTH ITS FINDINGS A RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
337.15 ACRES, GENERALLY LOCATED IN THE SOUTH\(
QUADRANT OF THE INTERSECTION OF PALOMAR AIRPC AND EL CAMINO REAL.
JEMTATI\IE MAP (CT 73-49) TO PERMIT THE DEVELC OF AN 8-LOT IMDUSTRIAL PARK CONTAINING APPROX
3-4 of the County Recorder of said County Novernbe i i
19
20'
211
WHEREAS, the Planning Commission did find that the
tentative map does substantially comply with the City o
Subdivision Regulations and the State of California Sub
I 1 I I
26
27
28
29!
30
33.1
i
NOW, THEREFOEE, BE IT RESOLVED by the Planning Com I 1 the City of Carlsbad, that it does hereby recommend app 1 City Council of the City of Carlsbad, the herein descri
I Map (CT 73-49) subject to the fulfillment of the follow 1 1. The open space easement indicated on Lots 6,7,
I dedicated to the City of Carlsbad on the final sub
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of which Lots 6,7 & 8 are a part.
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2. An open space easement encompassing the pond I the adjacent trees on Lot 8 shall be dedicated to of Carlsbad. The precise area shall be determined ment between the City Council and the Developer.
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3! 3. The applicant shall provide,at his expense, f
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mar Airport Road, and proposed ''A'' Street and El C in a manner acceptable to the City Engineer. In a the applicant shall contribute to the installation
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I at the intersection of Palomar Airport Road and El Real. In lieu of the above traffic signal require) City Council may elect, prior to approval of the f to require the applicant to comply with such a tra nalization policy as the City Council may adopt.
4. The development of the property described her subject to the restrictions and limitations set fo which are in addition to all the requi-rements, iim restrictions of all municipal ordinances and State
statutes now in force, or which, hereafter, may be the purpose of preserving the residential characte adjacent properties.
5. In order to provide for reasonable fire prote the construction period, the subdivider shall main vehicular access to all buildings, and adequate fi with required fire flows shall be installed as rec
6. All public improvements shall be made in conf the City of Carlsbad Engineering Design Criteria a Plans, the Subdivision Ordin ance and other City S the satisfaction of the City Engineer, without cos of Carlsbad, and free of all liens and encumbrance ment plans for water and sewer system shall meet t merits of the respective service districts. The de Proposed *'A1' and IIB" Streets shall deviate from sa only to the extent of right-of-way width, restrict street parking and no requirement of sidewalks, in acceptable to the City Engineer.
7. All drainage and grading plans shall be appro
8. All utilities to be installed, including prov
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i City Engineer. !
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i pletely concealed from view.
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9. Along El Camino Real, ornamental street light provided for as required by the'Municipa7 Code, T shall post a bond in the amount necessary to energ street lights for an eighteen month period after c to permit the incorporation of the subdivision int tenance district. Street lighting along Palomar A and on proposed interior streets, shall conform to of Carlsbad Engineering Design Criteria and Standa Street lighting on proposed interior streets shall
manner acceptable to the City Engineer.
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I 12. All facilities provided to adequately control on the subject property shall bemaintained by the Owners in perpetuity. This condition excludes all I
91
whatsoever to said streets and roads. The words '' dedicated to the City" shall be lettered along the to the lots affected on the map, proper. El Camino
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14. Street names shall be subject to approval and designated in accordance with the standards and PO by the Planning Commission on file in the Planning
Said names shall be approved by the Planning Direc to recordation of the Final Map.
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17. The development of Lot 3 shall take into acco vision of a potential local street provided along property line by the adjacent property owner. If development of Lot 3 shall include the completion
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the 30th day of October, 1973, by the following vote, tl
AYES: Commissioners Dominguez, Jose, Forman, Cas1
and Little
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NOES: None
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E.W. DOMINGUEZ, Chairman
ATTEST:
DONALD A. AGATEP, Secret a ry
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2.0 a request for a Change of Zone from A-1-8 (County) to Ci
12 acres of land generally located in the southwest qiladran
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________ - ! the City Council held a public hearing on the matter, re
all recommendations and heard all persons interested in
to the proposed change of zone; and
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I \:HEREAS, said application has complied with the re
of the City of Carlsbad “Environmental Protection Ordina
1972” 2nd an Environmental Impact ReFort has been prepar
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j accepted by the P7anning Commission and the City Council
32 1. That the above recitations are true and corr i i 1
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! City Council.
3. That the approval of the proposed change of ;
1 classification is necessary to carry out the general purl
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Title 21 of the MEnicSpal Code.
4. That the City Council of the City of Carlsbac
to adopt an ordinance to effectuate the proposed change (
PASSED, APPROVED AND ADOPTED at a regular meeting ( 1 10
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N o v em b - e r City Council on the 20th day of
by the following vote, to wit:
AYES: Councilmen Dtlnne 3 ?/icComas 9 Lewis s Chase
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as
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NOES: N o n e .
ABSENT: None.
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DAVID ?l- DUNFIE, M
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Attest:
_--.-__l_____l_-- ^-__---1 MARGARET E. ADAMS, City Clerk
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I (seal)
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RESOLUTION NO. , 3272
A RESOL!lTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING WITii CONDITIONS TENTATIVE MAP (CT 73-49) THE DEVEL- OPMENT OF AN 8-LOT INDUSTRIAL ?ARK CCINTfi.INING
APPROXIXATELY 337:15 ACRES, ON PROPERTY GENERALLY LOCATED IN THE SOUTHNEST QUADRANT OF THE INTERSECTION OF PALOIlAR AIRPORT ROAD AND EL CAMINO REAL. APPLICANT: PALOMAR AIRPORT INDUSTRIAL PARK-
_. CABOT, CABOT & FORBES
NHEREAS, on the 30th day of October, 1973, the Carl
City Planning Commission adopted Resolution No. 985, recon
to the City.Counci1 that Tentative Map (CT 75-49) be condi
approved; and
WHEREAS, the City Council of the City of Carlsbad, l3
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I 2O.th day of November, 1973, consid2red the recommendation
Planning Commission; and
WHEREAS, said Tentative i-iap h.:s cosipi ieci with the I
nents of the City of Carlsbad "Environmental Protection 01
of 1972" and an Environmental Impact Report has been prep;
accepted after public hearings by the Plannino Commission
City Council.
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NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, as follows:
A. That the above recitations are true and corre
H. That Tentative Map (CT 73-49) is hereby appro
subject to the execution and/or fulfillment of the follow
conditions:
1. The open space easement indicated on Lot 6, 7 and 8 shall be dedicated to the City of Carlsbad on the final subdivision map of whic Lots 6, 7 and S are a part.
2. Applicant shall dedicate open space ease rnents so that 35% of Lot 8 will be open space Said open space shall include the grove of oa trees on the westerly portion of Lot 8, as pa
of the 35%. Development plans will be drafte in coordination with the Planning Department
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the prcc-'sc. description of the open space ease- ments will be as determined by the Council and dedicated prior to, or in connection with, the
F i n a 1 . Ma p .
. 3. The applicant shall provide, at his expense, full actuated traffic signals at the intersectio of proposed "A" Street and Polomar Airport Road, proposed "B" Street and Polomar Airport Road, and proposed "A" Street and El Camino Real in a
manner acceptable to the City Engir.-er. In addi tion, the applicant shall c,antribute to the installation of a signal at the intersection of Palomar Airport Road and El Camino Real. The applicant's.contribution to the Palomar Airport Road - El Camino Real signal shall be based on acceptable studies of t.he prc-rated generation o traffic by the applicant's development. Said traffic signals shall be installed when the City traffic signal warrants are met. kppl icant sha' complete this coindl'tion or furnish security therefor in accord with the Subdivision I4ap Act prior to approval of the Firial '%lap. In lieu of the above traffic signal requirements, the City Council may elect, pri~r io approval of the Final Map, to require the applicant to corr;ply VJ. such a traffic signalization policy as the City Council mhy adopt. The City v!+ll use jt: best efforts to obtain pro-rate rei'nbui-senEiltS for tt applicant from other develope:.~ in area coritrib
to traffic loads and beriefitina from said signa
4. The development. of the property described h shall be subject to the restrictions and limita set forth herein which are in addition to all t requirements, 1 imitations and restrictio'ns of a municipal ordinances and State and Federal stat now in force, or which, hereafter, may be in fo for the purpose of preserving the residential characteristics of adjacent properties.
5. In order to provide for reasonable fire pro tection during the construction period, the sub shall maintain passable vehicular access to all buildings, and adequate fire hydrants, with requ fire flows shall be installed as recommended by
Fire Department.
6. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdiv. Ordinance and other City Standards to the satir of the City Engineer, without cost to the City Carlshad, and free of all liens and encumbranci Improvement plans for water and sewer system sf meet the requirements of the respective servici districts. The design of proposed "A" Street i
"6" Street shall deviate from said standards 01
the extent of right-of-way width, restriction ( on-street parking and no requirement of sidewa' in 2 manner acceptable to the City Engineer.
7. All drainage and grading plans shall he ap
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by the City Engineer.
8. All utilities to be installed, including provisions for cable TV shall be placed under- ground and/or shall be completely concealed from view.
9. Along El Camino Real, ornaniental street lighting shall be provided for as required by the Municipal Code. The developer shall post a bond in the amount necessary to energize said street lights for an eighteen month period after
construciton to permit the incorporation of the subdivision into a maintenance district. Stree. lighting along Palomar Airport Road and on pro-
posed interior streets, shall conform to the City of Carlsbad Engineering Design Criteria ani
Standard Plans. Street lighting on proposed interior streets shall be in a manner acceptabll
to the City Engineer.
10. Complete plans and specifications shall be submitted as required for checking and approval before construction of any improvements is commenced. The subdivider shsll submit the ori
drawinqs revised to reflect as-built conditions
11. All land and/or easements required.by this ordinance shall be granted to ihe City of Carls without cost to the City and free of all liens encumbrances.
12. All facilities provided $0 adequately cont drainage on the subject property shall be main- tained by the property owner in 'Oerpetui ty. TI condition excludes all drainage easements gran? to the City of Carlsbad.
13. The subdivider shall dedicate to the publ.
all rights of inoress and egress from lots abul
upon restricted access streets and roads over i across the lines of said lots abutting said st) and roads. El Camino Real and Paiomar Airport are considered to be restricted access streets Access rights will be returned to the subdivid developer as determined by the City Engineer w approval of the City Council based on the fall guide set forth on the copy of the Tract Map N dated November 11, 1973, labeled "Exhibit A Ac on file in the Public Works Department and inc by reference herein:
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From:
Point A to Point B, not more than L. Point B to Point C, not more than _5_.
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Airport Road shall be determined by the City Engineer subject to approval by the City Counci and shall be based on traffic engineering studi and limited in number in the discretion of the City Counci 1.
I The words "Access rights dedicated to the City according to Condition 13, Tentative Map"
shall be lettered along the road adjacent to th lots affected on the map proper.
14. Street names shal.1 be subject to approval shall be designated in accordance with the stan and policies adopted by the Planning Commission file in the Planning Department. Said names sh be approved by the Planning Director prior to recordation of the Final Map.
15. If required by the City Engineering Office the improvement plans shail include a report of geological investigation and a complete grading plan of the entire site. The report and plan s be prepared by Civil Engineers licensed by the State of California, and experienced in erosion control who shall be acceptable to the City Eng and they shall certify that they have investiga the site and prepared data with full considerat of the consequences to the included and neighbo properties. I
16. All required public improvements within ea unit or phase shall occur on an incremental bas in conformance with the boundaries of the recor Final Map on said unit.
17. The development of Lot 3 shall take. into a the provision of a potential loczl street provi along the northerly property line by the adjace property owner. If possible, the development o
Lot 3 shall include the completion of said stre City Standards.
C. That said Tentative Map together with the provi
its design and improvement and subject to the above condit
consistent with all applicable general and specific plans
City of Carlsbad.
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PASSED APPROVED AND ADOPTED a t a regular meeting of the
Carlsbad City Council held on the 20th day of November , -___
1973, by the following vote, to Wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT . None. ~
Attest:
(Seal)
* P 0 ;," -pe
-. CITY OF CARLSBAD
----I_- APPLICATION FOR APPROVAL OF A TEhlTli,TIVE TRACT MAP
AS PROVIDED FOR Ii?l CHAPTER L5.12 - OF THE
CARLSBAD MUffICIPAL COOE -
FILING FEE RECEIPT NO. - TENTATIVE TRACT NO. (E7
DATE q-/7 - '/3
TO THE PI-A!WING CClhlMISSION AND CITY COUNCIL
OF THE CITY OF CARLSBAD:
I. Request is hereby made for approval of Tentative Tract Mo. 73-49
cons? sti ng of 337.15 gross acres, having 8
being a proposed subdivision of land for property described as:
(Exact Legal Cescription)
See attached Exhibit A
-
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1----1_
South
-l_l-_l
generally located on the (North o Siuth 9 Ea?Z,Gst)E1mi,, Rea:
s-ide of Palomar Airport Road between El Camino Real 7K-i;i. Street) (Name of Street)
and Kelley Drive
Ic_-_I_ -"--(TGime of Street)
--- c TYPE OF SU9DIVISIDN Industrial
(Residential, Corimercial , Industr?~~-
9 ?!$PLWCkfION FOR APPROVAL TENTATII - TRACT MAP *^- e---
PRESENT ZONE A-1-8 PROPOSED ZONE M & C-2
We the undersignef; .;tate that We are **
(I, Ne) Owners . of the property Jescribed herein and hereby (Owner, Owners 1 give our authorization to the filing of this (Ny, Our) proposed tract map:
(I am, We are)
Name See atkached Exhibit B (Typed or Printed as shown on Recorded Deed)
Signature
Name
Signature
Name
(Typed or Printed as shown on Recorded Deed)
(Typed or Printed as shown on Recorded Deed)
Signature
Name
Si gna ture
Name
Signature
Name
Signature
(Typed w Printed as shown on Recorded Geed)
(Typed or Printed as shown on Recorded Geed)
(Typed or Printed as shown on Recorded Deed)
Name and Address of Subdivider: C. C. & F. - Palomar Properties, Inc.
Cabot, Cabot & Forbes AI
Telephone: 2
No.
110 West "A" Street, Suite 1100, San Diego, California
Name and address of Engineer or Licensed Land Surveyor:
William B. Rick
5620 Friars Road, San Diego, California 92110
** See attached Exhibit B
I. The source of water supply Carlsbad Municipal Water District
2. Type of street improvements and utilities which the subdivider prop(
install- Public improvements in accordance with City of Carlsbad req
and streets as shown on Tentative Map. .. -
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9 4 p,rk I CA j' TL)Y F if R A P P RC VI: L TEN TA T I V E
__I_ --_
3. The method of sewage disposal is City of Carlsbad - Sanitary Sewer SI
4. Proposed storfir water sewer or other means of drainage (grade & size)
Existing drainage channels and storm drainage conduits to City of Carls
Standards.
5. Protective covenants to be recorded C. C. & Re Documents to be recc
maDs as recorded.
Proposed tree planting 6. in accordance with City of Carlsbad Standar ds
7. Proposed grading plan (when required) Grading as shown on Tentative 1L
future qradinq to be by individual tenant.
The adopted general plan of the City of Carlsbad recognizes the prop
described in this application for (Residential, Commercial, Industr
use of land.
Residential
-
- <. -,
See Attached Exhibit "B AFFICAVIT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss CITY OF CARLSBAD 1
, being du
knowledge that the
(I, We> (Name)
depose and declare to the best of
going is true and correct under the penalty of purjury.
-(my, our)
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9 "EXHIBIT B"
6 ,' z -2.-
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LEGAL OWNER'S
The Estate of Samuel Berke, Dece:
Rose Berke, Co-Executor
By City National Bank, Co-Execut
By ,<'' f/$+. / PL' HL?&&l&
Trust Officer G L-L
City National Bank and Mad.s Bjon
as Trustees Under the Will of
Mired Newman, Deceased
BY
-
>
Andrew Ollstein, Claire Ollstein, Simon He Zentner, Frances Zentner,
Beverly Jenkins, Percy Faith, Mary C . Faith, Jean Plant, by
fact of each
b!% / &JL /
BY L
Harold M. Plant, for himself
Thomas R. Martin, Dean Martin, Martha Montgomery Newman, Rose BerE
BY
Mads Bjorn Bjerke', the 4ttorney-
fact of each !/ 9 i
” e 1) L*
STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
On August 29, 1973 before me, the undersigned, a Notary Public . and for said State, personally appeared
The Estate of Samuel Berke, Deceased By Rose Berke, Co-Executor
By City National Bank, Co-Executor
By Allen Gunderson, Trust Officer
City National Bank and Mads Bjorn Bje,
as Trustees Under the Will of Alfred Newman, Deceased
By Allen Gunderson, Trustee
Mads Bjorn Bjerre, Trustee
Andrew Ollstein, Claire Ollstein, Simon H. Zentner, Frances Zen1 Beverly Jenkins, Percy Faith, Mary C. Faith, Jean Plant, by By Harold M. Plant, the attorney-in- fact of each By Harold M. Plant, for himself
Thomas R. Martin, Dean Martin, Martha Montgomery Newman, Rose Bc By Mads Bjorn Bjerre, the attorney-in- fact of each, known to me to be the persons whose names subscribed to the within instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
Charles A. Ekstrom, Jr.
10R NO,
4220
DATE CLN BY LEGALOESCRIPTION FOR:
EXHIBIT "A" CHK'O. ' 8-9-7
radius curve concave Northwesterly; thence Southwesterly along said curve throug
angle of 49" 56' 04'' a distance of 871.52 feet; thence tangent to said curve North
West, 1722.22 feet to the beginning of a tangent 1200.00 foot radius curve concave
h Northeasterly; thence Northwesterly along said curve through a central angle of 4:
' distance of 1026.85 feet; thence tangent to said curve North 39" 02' 05'' West, 391
TITLE ,CO.
REFERENCE r COMPANY DESCRlPT&ON REV1 S ION 5
BY DA ORDER NO. DATE I
CLN DATE BY JOB NO. LEGAL DESCRIPTION FOR:
423.n EXHIBIT "A" CHK'D. - 8-9-
Diego Gas & Electric Co. recorded April 15, 1954 in Book 5205, Page 419, Officia
said County; thence leaving said centerline of Palomar Airport Road along the ce
said 100.00 easement South 39" 01' 39" East, 2777.16 feet to an angle point in sa
thence South 42O38' 40" East, 460.39 feet to an intersection with said South line
Agua Hedionda; thence leaving said easement centerline along said South line Sc
East, 2613.56 feet to the POINT OF BEGINNING.
/
.. ..
TITLE CO.
REFERENCE I
COMPANY DESCRIPTION REVISIONS 8Y DA ORDER NO. DATE
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1
DE.T,41L MAP OF PROPOSED
F'ORTiC'd OF PALOMAR
CWLSBAD TRACT NO. 73-49
W! AP NO. 80 5 4
-TfT-c >, I*-.- -T 'J*,qC;t4J!?yJ OF ,\
',4tirs'POHT ROAD,
WE, THE UNDERSIGNED, BElNG ALL THE PARTIES H4VING ANY HECORD r!TLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TI THE PREPARATION AND RECORDATlON OF THIS MAP, AS SHOWN WITHlN THE 3LIJE COLORED BORDER LINE, AND WE HEREBY OFFER FOR DEDICATION TO THT YBLIC FOR STREET PURPOSES YARROW DR I VE, CORTE DE LA P IRA, CAM1 NO V I JC\ RaBLE,
AND A PORTION OF EL CAMINO REAL, AND WE HEREBY DEDICATE TO TH- CITY OF
CARLSBAD AND RELINQUISH AND WAIVE ALL ABUTTERS' RIGHTS OF ACC-SS APPUR- TENANT TO LOTS 1 , 2 AND 13 IN AND TO PALOMAR AIRPORT ROAD, AN? 4iL ABUTTERS' RIGHTS CF ACCESS APPURTENANT T3 LOTS 3, 4 AFdD 12 lr4 AND TO
ABUTTERS' RIGHTS dF ACCESS APPURTENANT TO THE PORTIONS OF LGT. 3 AND 4
DES I GNATED "ACCESS NO. 1 , 2 AND 3" , AND K ALSO OFFER FOR DE03CAT ION TO
THE CITY OF CARLSBAD THE SEWER EASEMENT, ALL AS SHOWN ON THIS NIP. WE ALSO OFFER FOR DEDlCATlON TO THE CITY OF CARLSBAD THE SEWL. 5YSTEM AND APPURTENANCES AND THE STORMDRAIN SYSTEM AND AFPURTENA~ZES
LOCATED WITHIN THE PUBLIC RIGHT 2F WAY AS SHOWN ON TdE
IMPROVEMENT PLANS FOR THIS TRACT
A PORTIC?: OF EL CAMINO REAL, EXCEPTING THEREFROlvl THE DEDICATI'F! OF THE
C . C. & =- PALOKAR PROFERT l ES , I NC. , -4 CALI FORN I A CORPORAT ION, -3 OWNEF? :
BY: m: ASS I STUNT SECRETARY
BY. g- am
VI CEPRES I DENT
i
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BE 11
TO 1
PAL(
ORDER Nf'
T'TLE IN: THAT ACC[ OF SAN Dl
AS OMER, SA1 D LAN[ GAS AND P
RIGHT TO UPPEii 1 OC TIES INTE T 1TI.E TO CARLSBAD UNIT NO. LARLY DE:
€i El FCTR I AS DOCUME A CO-PART UMENT NO. 1974 AS i- Of CARLSE AS FILE/'F
OCTOBER 1 FlClAL RE
BOOK 197C SAN I TOT I C F I LE/PAGE TEMBER M ClAL RECC I974 OF C AN EESEME BOOK 1969 E AS EE NT 1974 OF C INTO A FE
IN WITNE5 TION, HA5 NAME AND AND YEAR
1ITLE IN5
-7:30 A.M.
BY:- Q
ASS I ST
STATE OF COUNTY OF PUBLIC IN
CLLanL=c
CAR
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pA
Fnd,Spike 11 pi keg tin F
44
Fnd. 5 0, Ca s+rat sur, VICINITY MAP mons per R,S, 1534-66 -
NO SCALE
I
1J47' 59'52 "W 50.00 \. , 2" I,P, markd "5,D,Co, sur'per R5.1534
Q R,of, 5 6493
I?> Qp Sd 5293
POR. L0T"G"
RANCHO AGUA HEDIONOA MAP 023
POR, PARCEL 2. PARC€L MAP 1110
N27°30'C@"W 61.00' -
found porphyry stow N62'30'0''fi 34.71' 1
24"x 15"x7" morked "A,H,R.'/z mi *
on Nfaz par U,4,90v'+ survey
ond hhp N?7303 Sly tiha of Roncho > tfedrbndo per map i @ .--A r/rl
C
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CARLSBAD TRAGI
( COCA F. PALOMAR AIRPORT B
UNIT NO. 1
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8
-
CARLSBAD 5EE 3%6€7fio.
--I /QT f31
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470 00 ' hl i;l? \ \ Y--
ud A = 90'00'00'' R = 25' L = 39.2.7'
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