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Home My WebLink About1998-05-05; City Council; 14666; PALOMAR BEACH RESORT (SDP 97-19) EXCHANGE AND SALE RIGHT-OF-WAYAB# lykkk TITLE: MTG. f-/-ye DEPT. CM Palomar Beach Resort (SDP 97-19) Exchange and Sale of Right-of-way DEPT. H[ CITY AT1 CITY MG f t' 0 e PAGE 2 OF AGENDA BILL NO. ) 7 6 ($6 from the developer. Based on this determination, the developer will owe the City $138, ($15 per square feet x 9,221 square feet). The Deputy City Attorney and the Administrative Services Director have worked with t developer's legal counsel to create the attached agreement describing the sale of the sub. property. Generally, escrow is to be opened within five days after the approval of the la swap and sale, and will close after the City records the necessary documents to validate boundary adjustments, and the developer posts the necessary bonds for the construction site public improvements. Staff recommends that the Council approve the attached resolution authorizing the May( execute the Agreement to Exchange of Land with Palomar Beach Resort. Environmental: The exchange and sale of land was included in the environmental review of SDP 97-19. There is no additional environmental review required of this action. Fiscal Impact: The proposed land swap and sale will generate $13 8, 3 15 in revenue for the General Fur computed as shown in the following table Palomar Beach Resort Land Swap and Sale Price per * Sq, Feet Sq Foot Land to be received by Palomar Beach Resort (Exhibit B) 34,435 25,214 Land to be received by the City of Carlsbad (Exhibit C) Net excess land to be received by Palomar Beach Resort 9,221 $ 15.00 $ Exhibits: 1 o Resolution No. 4 b - i 38 Authorizing the Mayor to execute the Agreement to Exch of Land with the Palomar Beach Resort LLC for the exchange and sale of property along Carlsbad Boulevard and Palomar Airport Road. 2. Plat depicting location and square footage of existing City property along Carlsbad Boulevard. 3. Plat depicting location and square footage of existing Palomar Beach Resort property along Palomar Airport Road. f r 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 Resolution No 98-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT TO EXCHANGE OF LAND WITH THE PALOMAR BEAC RESORT LLC FOR THE EXCHANGE AND SALE OF PROPERTY ALOP CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD. WHEREAS, the City of Carlsbad intends to adjust the alignment of Palomar Airp road in the vicinity of Carlsbad Boulevard to improve traffic flow and circulation in the general vicinity of the intersection of these major roads, and WHEREAS, as the land in the vicinity of this intersection begins to develop it is ir the public interest to assure that adequate right-of-way is available for this future realignrr project, and WHEREAS, on January 7, 1998 the Planning Commission adopted Resolution No 4220 recommendmg approval of Site Development Plan (SDP) 97-19, and on February 1C 1998 the City Council adopted Resolution No. 98-33 approving the negative declaration, s development plan and coastal development permit for the Palomar Beach Resort development, and WHEREAS, Palomar Beach Resorts LLC requires a portion of public right-of-waq owned by the City to complete the construction of their project as approved in SDP 97- 19, and WHEREAS, the parties agree that the exchange and sale of property described in ti attached agreement will facilitate the construction of both public improvements required b, the City, and private improvements related to SDP 97-1 9, 51 I 61 I 7 I 8l 2. Land authorizing the exchange and sale of property described therein. That the Mayor is hereby authorized to execute the attached Agreement to Exch: 9/ l1 lo I 12 13 14 '5 I l6 I l7 I 18 19 20 21 22 23 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Coun the City of Carlsbad, California, held on the 5 to wit: day of May , 1998, bv the following BY THE FOLLOWING VOTE TO WIT: AYES: COUNCIL MEMBERS HALL, PUYGAARD, FINNILA NONE NOES: ABSENT: KULCHIN, LEWIS ABSTAIN: NONE 72 CL\$I~DE A. LEWIS, MAYOR RAMONA FINNILA, MAYOR PRO TEM ATTEST: PL- 24 25 26 27 28 d&.f!@ '* I&&- ,- ALETFIA L. RAUTENKRANZ, CITY 'CLERK f 'r 0 0 F- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use AGREEMENT TO EXCEANGE LAND This Agreement to Exchange Land (ttAgreementlt) is made to b effective as of the I( day of -/b'l~ by , 1998, by and between th %. City of Carlsbad ('*City") and Palomar Beach Resort LLC, California limited liability company (~~Palomarg~) (sometime together called the "Parties, I# or singularly a ##Partyf#) wit respect to the following subject matter: Recitals A. Palomar is the legal owner of that certain real propert legally described on Exhibit *IA1l attached hereto and made a par hereof (called here the IITotal Palomar Property#*) . B. Palomar recently requested approval from the City of Sit Development Plan SDP 97-19 ("SDP 97-19!!) to allow construction o a 162-rOOm, three-story hotel on a portion of the Total Paloma Property (the llProjectll) . C. The City Planning Commission on January 7, 1998 adopte Planning Commission Resolution No. 4220 recommending approval c SDP 97-19, subject to satisfaction of certain conditions set fort in such Resolution No. 4220, and to approval by the Carlsbad Cit Council (##City Councilt#). A copy of the Resolution No. 4220 i pal 1 O-O2\docs\exchange. agr March 26, 1998 1 I r 0 0 I- .. attached hereto as Exhibit IIF" and made a part hereof. D. One such condition set forth in Resolution No. 4220, which must be satisfied, is Condition No. 34, which reads a: follows : To construct the project, the developer must acquire fee title property from the City along the project 1 s Carlsbad Boulevard property frontage. Additionally, the City may have to acquire right of way for the future realignment of Palomar Airport Road, along the project's northerly property frontage. To facilitate both the developer's needs and the City's potential needs, the project is contingent upon developer entering into an agreement with the City for a land exchange. Developer shall pay City cash for the value of any land developer receives in excess of an even trade. Developer shall prepare the draft agreement, which shall be reviewed by the Public Works Director/City Engineer, City Attorney and Finance Director. The final agreement shall be submitted to the City Council. If the agreement is not approved by the City Council and the land exchange is not completed, the praj ect cannot be constructed as designed and all approvals shall become pallO-02\docs\exchange.agr March 26, 1998 2 I r e 0 .- null and void. Any engineering, surveying, legal and financial work that must be conducted to prepare the agreement , shall be completed solely by the developer, including all costs for the preparation of the agreement itself. In connection with the foregoing required land exchang (the "Land Exchangett) the City is the legal owner of, and Paloma desires to acquire from the City, that certain real propert legally described (by metes and bounds description) on Exhibit IlB attached hereto and made a part hereof (called here the ttExistin City Exchange Propertygt). A plat depicting the location and squar E. footage of the Existiny City Exchange Property is attached heret as Exhibit rlC*r and made a part hereof. F. Also, in connection with, and to accommodate, th required Land Exchange, the City desires to acquire from Paloma that certain portion of the Total Palomar Property legal1 described (by metes and bounds description) on Exhibit ItDtt attache hereto and made a part hereof (called here the lsExisting Paloma Exchange Propertyst). A plat depicting the location and squar footage of the Existing Palomar Exchange Property is attache hereto as Exhibit IrElt attached hereto and made a part hereof. G. The City and Palomar now wish to enter into a writte agreement regarding the terms and conditions of the Land Exchange pallO-OZ\docs\exchange.agr March 26, 1998 3 1 r 0 0 .- Now Therefore, the City and Palomar hereby agrees as follows; 1. Land Exchancre. In consideration of the City's agreeinc to grant and convey to Palomar the Existing City Exchange Propert] as described in Exhibits ttBtt and trC,It Palomar agrees tc simultaneously grant and convey to the City the Existing Palomai Exchange Property described in Exhibits IIDtl and llE1t (each sucl respective Property being called an Vxchange Property!'), sucl mutual granting and exchanging to occur upon the close of thc Escrow referred to in Paragraph 4 below. 2. Fee Title by Grant Deed. Each Party shall convey it2 respective Exchange Property to the other by a grant deed whicl conveys fee title absolute to the respective Property. 3. Pavment to City for Greater Value Traded. While it i! agreed that the per-square foot value of each Existing Exchangt Property is the same, it is acknowledged that the City is conveyinc more total square footage of Property to Palomar (34,434.96 squart feet) than the square footage of the Property it is receiving fro] Palomar (25,214.00 square feet). Accordingly, at the time the Lanc Exchange is consummated, Palomar agrees to pay the City cash foi the excess in value of the Exchange Property it receives from thE City over the value of the Exchange Property it conveys to the City. In this connection, it is agreed that the per-square foot value of each Existing Exchange Property is $15.00; that Palomar i: receiving 9,221 (rounded) more square feet of Property from thc City than the square footage of the Property it is conveying to thc City (34,434.96 - 25,214.00); and that therefore, Palomar shall pal pa 11 O-OZ\docs\exchange. agr March 26, 1998 4 < ,- 0 0 .. the City, simultaneously with this Land Exchange, the sum 0: $138,315 ($15.00 per-square foot x 9,221 square feet), representinc such excess in value. 4. Escrow and Closincr Date. To consummate this Lanc Exchange transaction, the Parties shall open an escrow [th llEscrowll) with Chicago Title Company in San Diego County (th 'lEscrow Holder") within five (5) days of the effective date of thi! Agreement. This Land Exchange transaction shall be closed (grani deeds recorded) as soon as reasonably practicable following: (1) the recordation with the County of San Diego of i Certificate of Compliance issued by the City based upon ai Adjustment Plat showing the merger of the Existing City Exchangc Property with the Total Palomar Property, less the Existing Paloma: Exchange Property being conveyed to the City; and (2) Palomar's filing with the City all such performanct and other bonds as the City may require securing Palamarls duty tc place such off-site improvements in the Project real propert: (including, without limitation, providing roadway access to tht Solamar Mobile Estates mobilehome park) as may be required by tht City as part of Palomar's development of the Project (the llEscroi Closing Date"). If such two events have not occurred within two (2) year! following the City Councills approval of SDP 97-19, this Agreement shall be of no further effect, and the Escrow shall be cancelled, unless extended at that time by mutual ayreement of the parties. pat IO-OZ\docs\exchange. agr March 26, 1998 5 r * 0 0 .- 5. Title Examination. a. Title Report. Within ten (10) days after the opening of Escrow, the Escrow Holder shall obtain and deliver tc each Party a current preliminary title report for the respective Exchange Property such Party will be receiving upon the Lanc Exchange, issued by Chicago Title Company, from its office at 92E B Street, San Diego, California, 92101 ("Title Companytt), togethei with copies of any documents underlying any Schedule B Ilexceptions' in such report. Each Party shall then have ten (10) days in whicl to examine such title report to such Property and to give writter notice (IIObjection Notice") to the other Party of any reasonablc objections thereto. b. Removal of Exceptions. If a Party does object tc any such exception(s) to title within the time period set fort1 above, the Party receiving such an Objection Notice shall responc in writing within five (5) days after receipt of such Objectioi Notice, in such response either: (1) offering to remove sucl exception(s) at its expense prior to the Closing Date, or, (2 stating it is not able to, or does not intend to, remove sucl exception(s). If a Party is unable or unwilling to remove sucl exceptions, the objecting Party shall then have an additional fivi (5) days after delivery of such notice within which to notify thl other Party in writing that it either elects to waive SUC exception(s) and proceed to close this Land Exchange or terminat this Agreement, in which latter case neither Party shall have an further obligations under this Agreement. pallO-O2\docs\exchange.agr March 26, 1998 6 9 I 0 0 6. Title Policies. As a condition to the closing of the Escrow, the Title Company must be ready, willing and able to issu to each Party, as of the Closing Date, an ALTA owner's policy of title insurance on the respective Exchange Property such Party is receiving, insuring that such Party has title to such Exchangt Property subject only to the exceptions to title approved by suc€ Party. The Party receiving an Exchange Property shall pay for thc costs of the survey required by the Title Company for its issuance of the ALTA owner's policy of title insurance on such Property, an( for the cost of such title policy in excess of that which would bc changed for a CLTA owner's policy issued on such Property; and thc Party conveying such Exchange Property shall pay for the cost 0: such ALTA policy up to the cost that would be charged for a CLTi policy issued on such Property. 7. Emenses of Acsreement. All expenses and costs fo: services required to prepare this Agreement, including, but no' limited to engineering, appraisal, and legal, shall be paid for b: Pa lomar. 8. Entire Asreement and Modification. This Agreemen contains the entire agreement between the Parties and supersede all prior oral or written negotiations or agreements between them and it may be modified, in the future only by the written agreemen of the Parties. 9. Cooperation. The Parties shall do whatever else i necessary or reasonably advisable to carry out the terms an conditions of this Agreement. pa110-02\docs\exchange.agr March 26, 1998 7 9 k a 0 10. Arbitration of Disputes. In the event of a disputc between the Parties and/or any of their successors relating tf their respective rights and duties under, or the interpretation of this Agreement, the Parties may, by mutual consent, cause the Sam1 to be referred to arbitration in San Diego County, California, t be administered by, and to be in accordance with the the prevailing commercial rules of, the American Arbitratio Association. Otherwise, either party may pursue any othe available legal or equitable remedies. 11. Assianabilitv and Bindinu Effect. Palomar may (and wil likely) assign its rights, and delegate its duties under thi Agreement to a new developing entity. This Agreement shall b binding upon, and shall inure to the benefit of, all successors an assigns to each Party to this Agreement. IN WITNESS WHEREOF, this Agreement is executed to be effectiv as of the day and year first written above. c Mayor Attest : City Clerk Karen R. Kundtz, Assistant City pt10-02\docs\exchenge.agr March 26, 1998 8 t 0 0 PALOMAR BEACH RESORT LLC, a California limited liability company By: Two Seas Enterprises, Inc., a California corporation, its Manager By: William DdA L. Canepa, i LjD President Secretary 1 1 ss. 1 Notary On -- Pu lic, personally appeared au&h A. Lewis'; personall] to be the person whose name is subscribed to the within instrumeni and acknowledged to me that he executed the same in his authorize( capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed thc instrument. WITNESS my hand and official seal. (Seal STATE OF CALIFORNIA COUNTY OF SAN DIEGO , beforeme, Nanc& &) jQK, Nfitafi Gikd* known to me (or proved to me on the basis of satisfactory evidence; Signature am RGRL \ CCMU. # 1039235 1 f pa110-02\docs\exchange.agr March 26, 1998 9 I e e 0 1 1 ss. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On - ~IU 4 31, 1495, before me, /zA-LLlPd t? I\/\%* 1 Notary Public, personally appeared William L. Canepa, ‘personall: known to me (or proved to me on the basis of satisfactory evidence’ to be the person whose name is subscribed to the within instrumen1 and acknowledged to me that he executed the same in his authorize( capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed thc instrument. WITNESS my hand and official seal. (Seal Signature (L-Lt~ q. wm I 1 1 ss. 1 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On - 3-3-9s , beforeme, Notary Public, personally appeared Lynn C. Cannady, w Jc.nmu~ts~~+ (or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrumen and acknowledged to me that he executed the same in his authorize capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed th instrument. WITNESS my hand and official seal. Signatur (Seal pal10-02\docs\exchange.agr March 26, 1998 10 1 I LEGA&ESCRIPTION OF TOTAL PALOa PROPERTY PARCEL I: FAT PART OF TAT PCRTICN OF LOT "R" OF XANCBO AGUA EDIOWA, IN TIiE CITi CARLSBAD, COCTNTi OF SAN DIEGO, STATE 3F CALIFORNIA, ACCOPJING TO PARTITIOI TIIEREOF NO. 823, OILED IN TI= OFFICE OF ?E: COVNTY RECORDER OF SAN ~IEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS 1OLLOWS: 3EGINNING AT COR-XER NO. 6 OF SAID XANCHO, -3s SHOWN Alii 3ELINEAED ON SAID TdENCE RUNNING NORTH 89' 59' ";FLST ALONG mE SOUTH LINE OF SAID MCRQ, AS ON SAID .YAP, 5317.58 FEET TO A POINT; THENCE NORTH Oo 32' WEST 1558.90 FE TFENCE SOUTH 89O 59' WEST ALONG A LIZ PWLEL WITH THE SOUTH LINE OF SA RANCEO TO AN INTERSECTION WITH THE -WESTERLY LINE OF TXE 100.00 FEET RIGHT WAY AS DESCRIBED IN A DEED TO TXE ATCHISON, TOPEKA ANI) SANTA FE RAILizOAD COMPANY, RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS AND TXE TR POINT OF BEGINNING OF TKE :-REIN DESCRIBED LAND; THENCE CONTIWING SCWd 59' 03" WEST ALONG TXE ABOVE DESCRISED PARALLEL LINE 357.17 FEET MORE OR TO AN INTERSECTION WITH THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO STATE OF CALIFORNIA, FOR FREEWAY PLTPOSES, 2ECORDED Tu7 18, 1953 IN BOOK 4894, PAGE 494 OF OFFICIAL RECORDS; TEIENCZ ALONG SAID EASTERLY LINE NORTX 20' 33" WEST 305.67 FEET; ALONG A TANGENT CURVE TO THE RIGXT WITH A WIU 212.00 FEZT THROUGH AN ANGLE OF 43O 20' 33" A DISTANCE OF 160.37 FEET; AN NORTH 26O 00'00" ZAST 107.95 FEET TO THE SOUTHERLY LINE OF PALOMAR AIRPOR 251738 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87O 50 EAST TO THE WESTERLY LINE OF TXE iiBOVE DESCRIBED 100.00 FOOT RAILROAD RIG WAY; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO TKE TRUE POINT BEGINNING - (R.S. 1534) AS DESCRIBED IN DEED FSCORDED DECEMBER 7, 1959, AS DOCUMEXNT N PARCEL 2: THAT PART OF THAT PORTION CF LOT "H" OF WCSO AGUA HEDIONDA, ACCORDING TI 2ARTITION MAP NO. 823, FILED IN Y-IE OFFICE OF THE COUNTY RECCRDER OF SAN COUNTY, NOVEMBER 16, 1896, AS SAID PORTION WAS CONVEYED TO TXE STATE OF CALIFORNIA BY PARCEL 2 OF DEED =CORDED JUNE 18, 1965, FILE NO. 108756, S DIEGO COUNTY OFFICIAL RECOmS AND BY DEED RECORDED JUNE 18, 1,053, BOOK 48 PAGE 494 OF SAN DIEGO COuNTi OFFICIAL, RECORDS, SAID PART HEREBY CONVEYED DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOWN SHEET 3 OF STATE HIGHWAY MAP NO. 59 RECORDED SEPTEMBER 2, 1966, FILE NO. 144347 OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTKEFCLY TERMINUS OF COURSE 9 AS DESCRISED IN DEED TO THE STATE OF CALIF . RECORDED JUNE 18, 1953, BOOK 4694, PAGE 494 OF SAN DIEGO COUNTY OFFICIAL RECORDS; THENCE ALONG THE FOLLOWING ?NMBERED COURSES: (1) ALONG SAID RELI.NQUISHMENT BOUNDARY, NORTH 1l0 49' 19" EAST, 68.46 FEET; (2) CONTINU ALONG SAID BOUNDARY SOUTH 66O 14' 37" EAST, 185.97 FEET TO THE NORTH LINE pALOI'4AR AIRPORT ROAD AS DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS F NO. 251738 OF SAN DIEGO COUNTY OFFICIAL RECORDS; (3) LEAVING SAID REL1:NQUISHMENT BOUNDARY AND ALONG SAID NORTH LINE OF PALOMAR AIRPORT ROAD NORTH 87O 50' 23" WEST, 175.31 FEET TO A POINT ON COURSE (8) OF SAID DEED THE STATE OF CALIFORNIA, RECOWED JUNE 18, 1953; (4) ALONG SAID COURSE (8 NORTH 8l0 49' 10" WEST, (RECORD NORTH 82O 27' 51" WEST), 9.15 FEET TO THE OF BEGINNING. EXHIBIT "A" (Page 1 of 2) 9 I I PARCEL 3 : 0 0 3EG:CNNiNG AT TXE POINT OF SEGZNNiNG OF REREINABCVE DESCRIBED PARCEL 2; m ALONG TIE! BOUNDARY OF SAID PARCZL 2, SOUTH 8l0 49' 10" EAST, (RECORD SOU? 27 ' 51" EAsT) , 9.15 FEET; TEZNCE LZAVING SAID 3OUNDARY AND CONTINUING SOL 49' 10" EAST, FOR A DISTANCZ OF 97.47 FEET; THENCE: SOUTH 89" 18' 23" "&'I (RECORD SOUTH 89" 56' 26" EAST), 41.00 FEET; TrfENCE SOUTH 0" 41' 37" WZS? (RECORD SOUTH 0' 03' 34" WEST) 60.00 FEET; THENCE NORTH 89" 18' 23" WEST, (RECORD NORTH 89O 56' 26" WEST), 41.00 FEET; THCUCE SOW 61.0 21' 24" 'rlES (RECORD SOUTH 60" 44' '?EST), 33487 FEET; TfTENCE SOUTH 26" 36' 46" WEST, 1 FEEr (RECORD SOUTH 26" 00' 00" '-- r.ioST, 107.95 FEXT) ; THENCE SOUTHERLY ALONC TANGENT CURVE CONCAVE TO THE EAST NIP- A RADIUS OF 211.99 FEET (RECORD 2: FEET) THROUGH AN ANGLE OF 34O 14' 43", A DISTANCE OF 126.11 FEET TO SAID BOUNDARY OF RELINQUIS€DfENT NO. 14749 HEREINABOVE DESCRIBED IN PARCEL 1; I ALONG SAID BOUNDARY NORTH 7" 37' 57" WEST, 204.32 FEET AND NORTH 10" 54' EAST, 110.25 FEET TO THE POIiXT OF BEGINNING. ?ARCEL 4: TXAT PART OF THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CIT CAl?LSBPLD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITI THEREOF NO. 823, FILED IN TEE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOW SHEET 3 OF STATE OF HIGHWAY MAP NO. 59, RECORDED SEPTEMBER 2, 1966, FILE 144347 OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTHERLY TERMINUS OF COURSE 9 AS DESCRIBED IN DEED TO THE STATE OF CALI XECORDED JUNE 18, 1953, BOOK 4894, PAGE 494 OF OFFICIAL RECORDS; SOUTH 8 10" EAST, (RECORD SOUTH 62" 27' 51" EAST), 9.15 FEET TO THE TRUE POINT 0 BEGINNING; THENCE CONTINUING SOUTH 8l0 49' 10" EAST, FOR A DISTANCE OF 9 FEE:T; THENCE SOUTH 89" 18' 23" ZAST, (RECORD SOUTI! 89" 56' 26" EAST) 41. THEiNCE SOUTH 0" 41' 37" WEST, (RECORD SOuTIi 0" 03' 34" WEST), 60.00 FEET NORTH 89" 18' 23" WEST, (RECORD NORTH 89O 56' 26" 'WEST) 41.00 FEET; TEEN 61" 21' 24" WEST, (RECORD SOUTH 60" 44' WEST) 33.87 FEET; THENCE SOUTH 2 46" WEST TO T€E SOUTHERLY LINE OF PALOMAR AIRPORT XOAD (R.S. 1534) AS DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS DOCUMENT NO. 251738 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87" SO' 23" "3 TIIE WESTERLY LINE OF THE ABOVE DESCRISED 100.00 FOOT RAILROAD RIGHT OF h THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE TO THE NORTHWESTERLY T NOE;!THERLY LINE OF SAID PALOMAR AIRPORT ROAD; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING. EXHIBIT "A" (Page 2 of 2) 10 . 0 0 EXHIBIT “B” LM;AL DESCRETICN OF EXISTING - CITY M(23ANG PROPEKPY THAT PART OF THAT PORTION OF LOT “H” OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRlBED AS FOLLOWS: BEGINNING AT CORNER NO. 6 OF SAID RANCHO, AS SHOWN AND DELINEATED ON SAID MAP; THENCE RUNNING SOUTH 89O25’20” EAST (NORTH 89°59’00” EAST PER DEED TO PALOMAR BEACH RESORT, LLC, A CALFORNIA LIMITED LIABILITY OFFICIAL RECORDS) ALONG THE SOUTH LINE OF SAID RANCHO, AS SHOWN ON 00°32’00” WEST PER SAID DEED TO PALOMAR BEACH RESORT) 1558.90 FEET; THENCE NORTH 89O25’20” WEST (SOUTH 89°50’00” WEST PER SAID DEED TO PALOW1 BEACH RESORT) ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID RANCHO TO AN INTERSECTION WITH THE WESTERLY LINE OF THE 100.00 FEET RIGIBT OF WAY AS DESCIUBED IN A DEED TO T€E ATCHISON, TOPEKA AND SANTA FE RATLROAD COMPANY, RECORDED MARCH 10,1881 IN BOOK 38, PAGE 171 OF DEEDS; THENCE LEAVING SAID PARALLEL LINE NORTHWESTERLY ALONG SAID WESTERLY LINE OF SAID 100.00 FEET RIGHT OF WAY NORTH 22O29’23” WEST 555.00 FEET; T#ENCE LEAVING SAID WESTERLY LINE NORTH 73O47’1l” WEST 267.90 FEET TO A POINT ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOWN ON SHEET 3 OF STATE HlGHWAY MAP NO. 59 RECORDED SEPTEMBER 2, 1966 AS FILE NO. 144347 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID RELINQUISHME” PALOMAR; BEACH RESORT) 55.00 FEET; THENCE CONTI”G SOUTHERL’Y ALONG SAID RELINQUISHMENT BOUNDARY SOUTH 07’36’33’, EAST 204.23 =ET (SOUTH 07O37’57” EAST 204.32 FEET PER SAlD DEED TO PALOMAR BEACH RESORT) TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 21 1.99 FEE,T (212.00 FEET PER SAID DEED TO PALOMAR BEACH RESORT) SAID BEGI”mIG OF CURVE BEING A POINT ON THE EASTERLY LINE OF LAND DESCRJBED IN A DEED TO THE STATE OF CALIFORNIq FOR FREEWAY PURPOSES, RECORDED JUNE 18, 1953 IN BOOK 4894, PAGE 494 OF OFFICIAL RECORDS; THENCE ALONG SPLDD EASTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46’39’’ A DISTANCE OF 36.18 FEET TO THE COMPAITY, RECORDED MAY 7, 1996 PER DOCUMENT NUMBER 1996-0230216 OF SAID MAP, 53 17.58 FEET TO A POINT; THENCE NORTH 0000174077 EAST (NORTH BOUNDARY SOUTH 10O53’51” WEST (SOUTH 10O54’30” WEST PER SAID DEED TO BEGINNING OF A NON-TANGENT LINE, A RADIAL LINE BEARS SOUTH 72O36’48’’ EXHIBIT “B” (Page 1 or 2) e e WEST; TllENCE C0NTI”G SOUTHERLY ALONG SAID EASTERLY LINE SOUTH 16O44’53’’ EAST (SOUTH 17’20’33” EAST PER SAID DEED TO PALOMAR BEACH RESORT) 226.35 FEET TO A POINT ON SAID EASTERLY LINE 78.87 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE SAID PARALLEL LINE OF THE SOUTH LINE OF SAID RANCHO; THENCE LEAVING SAID EASTERLY LINE SOUTH 88’42’21” WEST 55.56 FEET TO THE BEGMNMG A TANGENT CURVE CONCAVE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3 1O06’52” A LINE BEARS SOUTH 29’49’ 13” WEST; THENCE NORTH 16’44’53’’ WEST 170.00 FEET; THENCE NORTH 01’35’07” WEST 51.25 FEET; THENCE NORTH 12’04’16’’ WEST 328.12 FEET; THENCE SOUTH 73’47’ 1 1” EAST 10 1.93 FEET TO THE TRUE POINT OF BEGIN“G. AREA= 34434.96 SQ FT NOR2XEUY HAVLNG A RADIUS OF 25.00 FEET: THENCE NORTHWESTERLY DISTANCE OF 13.58 FEET TO THE BEGIN”G OF A NON-TANGENT LINE, A RADIAL 0.7905 ACRES MORE OR LESS DOUGL S R. MEL HOR, P.L.S L S #4611 REGISTRATION EXPIRES 9-30-98 Q- mmrr lf~ff (Paye 2 of 2) ~ ~~ EXHIBIT "C" . aEPICL'TNG Lx3cATIQN AND SQ- & GE OF 5 IO17'39" E(&?) fS 09"5O'Ou' w PER DO) N-09"25 'Z(7-W- 357.14' SHEET I OF 2 ! REQUESTED e? PALOMAR BEACH RESORT,LLC A.P.N. 210-100-0 ENCINITAS, CA. 92024 DATE 2-17-98 mIBm "C" Oa4p 1 nf 31 829 SECOND STREET, SUITE A L.5 4611 LXP. 9-30+8 0 [,(7'l? (.XECK MCJDki EN@ ' I.' HA v :; Li) E!:3 5 w:' w 5 5 - 0 0 .--& 20.4 ,-, . 2 1.3 '1'RAV ..i 7 3 6 33 E -04 . 23 $2 FD :3 .'4 1'1' RADIAL L!; i32 :-!3 2'7 F1 DEIJ'YA 9 4 6 XI r,'Ii J.IH D 1 1.7 S L 1. 1. . !39 'r A fd 1 I3 . 1 3 '3 6 L,- AM 2 .J - . 1.3 RADIAL 5 72 36 48 \rl I-, 4 1 4 (;f-lOr<n s 12 29 52 E 36.13 4 4 t3 'TRAV s 1 E; 4 ;I 53 ' jj; .: i, 6 . 35 244 'L'EAV :< 9 y 4 2 :.: 1. !.J F; 4 12) c . !j tr'. E' 'I'AIWFT ;!; 1'7 23 1.2 E: ,.,c, - HADIAL 5 1. 1'1 32 E DELTA 31. r,FJ 52 I?T '.rA C.l 6-96 L-ARC: 1.3 . 59 RADIAL S 29 49 13 w RA.I3 T !I G: 25 - Oi) ClIOIlD N '75 44 13 W 13.41 243 mriwr M 60 IC) 4'7 w 241 '.C RA V M 16 44 53 w i?O. 00 2 40 TRAV ;N 1 35 07 w 5 1 - 25 239 TRAV 1N 12 04 16 144 3ZE_i. 1-2 TIiAV 15 '73 47 11 E 101.93 L ..58 c .- ---------------.-----____________________--------------------------------- -------------_-.-___-____________________--------------------------------. LAT &. EEP -0.0080 0 f 000: 2 0 3 HCLOSE S 1 33 58 .E 0.01. 349371.5689 M70578.186~ PREC = 1 TO 1514485 At.e.3 = 34434.9ti sq ft 0.79052 3.c EXHIBIT "C" (Page 2 of 3) 0 EASfS OF BEARfW? THE BASIS OF BEARING FOR THIS SURVEY IS A PORTION OF THE NEW A.E. LINE AS SHOWN ON ROS 14619 I.E. N 11'53'32" E (CEN TERLINE OF A VENIDA ENCINAS) LEGE44 AREA OF EXISTING CITY EXCHANGE - - PROPERTY 0.7905 ACRES 34434.96 SQ FT. MORE OR Li?SS PORTION LECAL DESCRfPTfOk OF LOT "H" m OF RANCHO AQUA HEDIONDA PER MAP 823 (R) = R4RlAL BEARfNG (DO) = DEED TO FALOMAR BEACH RESORE A CALIFORNIA LlMfTEO LfABILlTY Cd RECORRJD MAY z 1996 FER nocm Q 8 $ Elp NO. 9-50-98 4611 a0 2 #'1996-0230216 OF O.R. / 4b m,o@v -mmm= 57ai PALMER WAY. SUITE G L.S. 4811 JN (6191 -- 1688-1.DWG 438-1726 DATE FAX (em 2/15/98 ras-ass1 CARLSBAD, CALIFORNIA 92008 REOUESlED Be PALOMAR BEACH RESOh'tLLC 829 SECOND STREE7; SUITE A ENCINITAS, CA. 92024 A. P. N. 210- 100-1 DATE 2-17-98 $ 0 -IT “D” e .. = D-CP~ OF EXETmG pm ExcRANGE p- THAT PART OF THAT PORTION OF LOT “H’ OF RANCHO AGUA HEDIONDA, IN TH CITY OF CAElLSBAD, COUNTY OF SAN DIEGO, STATE OF CALLFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 523, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED A FOLLOWS: BEGINNING AT CORNER NO. 6 OF SAID RANCHO, AS SHOWN AND DELINEATED 0 SAID MAP; THENCE RUNNING SOUTH 89’25’20” EAST (NORTH 89’59’00’’ EAST PER DEED TO PALOMAR BEACH RESORT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECOrn,ED MAY 7, 1996 PER DOCUMENT NUMBER 1996-0230216 OF OFFICIAL RECORDS) ALONG THE SOUTH LINE OF SAID RANCHO, AS SHOWN ON SAID MAP, 5317.58 FEET TO APOINT; THENCE NORTH OO’OI’4O” EAST (NORTH THENCE NORTH 89’25’20’’ WEST (SOUTH 89’50’00” WEST PER SAD DEED TO PALOMAR BEACH RESORT) ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID RANCHO TO AN INTERSECTION WITH THE WESTERLY LINE OF THE 100.00 FEET RIGHT OF WAY AS DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, RECORDED MARCH 10,1881 IN BOOK 38, PAGE 171 OF DEEDS; THENCE LEAVING SAID PARALLEL LINE NORTHWESTERLY &ON( S.AID WESTERLY LINE OF SAID 100.00 FEET RIGHT OF WAY NORTH 22’29’23” WES‘ 555.00 FEET TO A POINT HEREINAFTER REFEREED TO AS POINT “A”; THENCE LEAVING SAID WESTERLY LINE NORTH 73”47’ 1 1’’ WEST 267.90 FEET TO A POINT ON THE BOUNDARY OF RELINQUISHMEW NO. 14749 AS SHOWN ON SHEET 3 OF STATE HIGHWAY MAP NO. 59 RECORDED SEPTEMBER 2,1966 AS FILE NO. 144347 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNlNG; THENCE NORTHERLY ALONG SAID RELINQUISHMENT BOUNDARY NORTH 10’53’5 1” EAST (NORTH 10”54’30” EAST PER SAID DEED TO PALOMAR BEACH RESORT) 55.24 FEET TO A POINT ON SAID RELINQUISHMENT BOUNDARY, SAID POINT ALSO BEING THE SOUTHERLY TERMINUS OF COURSE 9 AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 18,1953, BOOK 4894, PAGE 494 OF OFFICIAL RECORDS; THENCE CONTIMJING ALONG SAID RELINQUISHMENT BOUNDARY NORTH 11’53 ’13” EAST 68.47 FEET (NORTH 11’49’ 19” EAST 68.46 FEET PER SAID DEED TO PALOMAR BEACH RESORT); THENC C0NTI”G ALONG SAID RELINQUISHMENT BOUNDARY SOUTH 66”13’35” EAST (SOUTH 66’14’37” EAST PER SAID DEED TO PALOMAR BEACH RESORT) 202.51 FEE TO THE SAID WESTERLY LINE OF SAID 100.00 FEET RIGHT OF WAY TO ATCHISOP\ TOPEKA AND SANTA FE RAILROAD COMPANY; THENCE LEAVING SAID 00032~00~7 WEST PER SAID DEED TO PALOMAR BEACH RESORT) 1558.90 FEET; EXHIBIT “D” (Page 1 of 2) r 0 e RELINQUISHMENT BOUNDARY SOUTHERLY ALONG SAID WESTERLY LINE OF SAID 100.00 FEET RIGHT OF WAY SOUTH 22’29’23’’ EAST 123.83 FEET TO AFORE 267 90 TO THE TRUE POINT OF BEGINNING. SAID POINT “A’?; THENCE LEAVING SAID WESTE~Y LINE NORTH 73047’ 1 17’ WEST AREA= 25214.00 SQ FT. 0.5788 ACRES MORE OR LESS /@!+ Ai% -k- $p q\Tr r... --- ‘{.Q”.p 4? ,c, @” ‘.,Gi . REGISTRATION EXPIRES 9-30-98 rj .“: dbli *e;) y -5 li tP iAi\t\. -+-***/ EXHIBIT “D” (Page 2 of 2) RKUESTED 8t PALOMAR BEACH RESORtLLC 829 SECOND STREET; SUITE A ENCNI TAS, CA. 92024 SflEET 1 OF 2 : PREPARED Et mmn ~IEI~ mp!!YJf Page 1 of 3) DATE 2-17-98 1.5 461 EXP. 9-31-98 A. P. N. 210- 100- 0. 1 BASfS OF BEARl'C THE BASIS OF BEARING FOR THIS SURVEY IS A PORTION OF THE NEW A.E. LINE (CEN TERLINE OF A KNIDA ENCINAS) AS SHOWN ON ROS 14619 I.€', N 115332" E LECJND AREA OF MISTING = PALCWAR EXCHANGE 0.5788 ACRES 2&214.00 SQ FT. MORE OR LESS PmPm PORTION LEGAL DESCRfPTX?N: OF LOT "H" B OF RANCHO AQUA HEDIONDA PER MAP 823 fir) = iWDfAL BfARfNG fDD) = DEED TO PALOMAR BEACH RESORZ 1 A CALfFORNfA LfMfTED UABfLf/Ty 60, REQUESTED 6t PAL OMAR BEACH RESOR I; 11 C 829 SECOND STREEI; SUITE A ENCJNJTAS, CA. 92024 EXHIBIT "E" (Page 2 of 3) SHEET 2 OF 2 : A. P. N. 210- 100- 0. OAT[ 2-17-98 . 0 e \ LIST CHECK MODE ENAELETJ 203 1.r EA v N 'LO 53 51 E 55.24 Ir'T;] ;3 .''.l 1w 3 4.12 TRAV N 11 53 13 B 68.47 403 TFAV x 66 3.3 35 E 202.5 I 4 5:<> TRAV ;< 22 29 2:3 fi: 1.23 . R3 T F< A V N '73 47 11. W .I, h I , $2 C) r, -.c r- .< {.! 4 _-________________________________I_____--------------_-----_--_---_--__ ________________________________________----_--------------------------- 0 . c1007 C) . 0 0 4 LA'?' % DEF 203 IICLOSF; N ?I 1 4(5 31 E 0. c,o 3493'71. .56R9 I 6';7(35./?3 - 136 PREC = 1 TO 1.4656,8 Ares = 25214.00 sq ft o-un~z .?I? EXHIBIT "E" (Page 3 of 3) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 l8 19 20 21 22 23 24 25 26 27 28 .cAA.nlDII .c 0 RESO’LU”I6N NO. 4220 0 PLANNING ComIssroN RESOLUTION NO. 4220 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CmSBm, CALIFORNIA, RECOMMENDING 19 TO ALLOW THE CONSTRUCTION AND OPERATION OF A 162 UMT HOTEL ON PROPERTY GENEFULLY LOCATED ON THE SOUTHEAST CORNER OF CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: PALOMAR BEACH RESORT APPROVAL OF A SITE, DEVELOPMENT PLAN NO. SDP 97- CASE NO.: SDP 97- 19 WHEREAS, Palomar Beach Resort, LLC, “Developer”, has filed a vc application with the City of Carlsbad regarding property owned by Palomar Beach R LLC, “Owner”, described as A portion of Lot “H” of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of Caiifornia, according to partition map thereof no. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Devel01 Plan as shown on Ehbits “A” - “0” dated January 7, 1998, on file in the Pla Department, Site Development Plan SDP 97-19 as provided by Chapter 21.06 of the Ca Municipal Code; and .x WHEREAS, the PIanning Cornmission did, on the 7th day of January, hoid a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all test and arguments, if any, of all persons desiring to be heard, said Commission considered all 1 relating to the Site Development Plan. WHEREAS, the City Council adopted Urgency Ordinance NS-424 on 0 15, 1997, which requires all pending and future commercial projects within the area cove EXHIBIT ‘IF” (Page 1 of 13) 1 -~ 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Urgency Ordinance NS-424 and subject to Planning Commission review shall be requi undergo City Council review and approval regardless of current zoning ordinance regu regarding review and approval of land use entitlements. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Pla Commission RECOMMENDS APPROVAL of a Site Development Plan. 97-19 based on the following findings and subject to the following conditio1 FindinEs: 1. That the requested use is properly related to the site, surroundings and envirom settings, is consistent with the various elements and objectives of the General Ph not be detrimental to existing uses or to uses specifically permitted in the area in the proposed use is to be located, and will not adversely impact the site, surroundi traffic circulation, in that adequate buffers are provided adjacent to the neighb residential area, no significant vistas being occluded by the hotel and safe pa and circulation facilities are being provided or are conditioned to be provided. That the site for the intended use is adequate in size and shape to accommodate the i that the hotel building, parking, circulation and landscaping can fit within the 1 size of the site, including all future dedications for Palomar Airport Roar Carlsbad Boulevard. That all yards, setbacks, walls, fences, landscaping, and other features necessary to the requested use to existing or permitted future uses in the neighborhood w provided and maintained, in that the hotel is setback 50 feet OF more fror Carlsbad Boulevard travel lanes and 80 feet or more from the adjacent mobile park, and privacy walls and landscaping buffers are being provided. That the street systems serving the proposed use is adequate to properly handle all generated by the proposed use, in that the arterials of Carlsbad Bouievarc Palomar Airport Road can accommodate the 1,296 additional average daily t trips generated by the project. The Planning Commission of the City of Carisbad has reviewed, analyzec considered the Negative Declaration, the environmental impacts therein identified fc project and any comments thereon prior to RECOMMENDING APPROVAL ( project. Based on the EIA Part I1 and comments thereon, the Planning Comm 2. 3. 4. 5. E)(HIBlT "F" (Paqe 2 of 13) PC RES0 NO. 4220 . 1 2 3 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 finds that there is no substantial evidence the project will have a significant effec environment and thereby RECOMMENDS APPROVAL of the Negative Deciar; The Planning Commission finds that the Negative Declaration reflects the inde judgment of the Planning Commission of the City of Carlsbad. The Planning Commission finds that: a. b. c. 6. 7. the project is a Subsequent Project; the project is consistent with the City of Carlsbad General1 Plan: there was an EIR certified in connection with the 1994 update of tht General Plan (GPA 94-01MEIR 93-01); the project has no new significant environmental effect not analyzed as si@ in the Master Environmental Impact Report for the 1994 Gener: d. Update (MEIR 93-01); none of the circumstances requiring Subsequent or a Supplemental E11 CEQA Guidelines Sections 15 I62 or 15 163 exist; e. 8. The Planning Commission finds that all feasible mitigation measures or alternatives identified in the Master Environmental Impact Report for th General Plan Update which are appropriate to this Subsequent Project ha7 incorporated into this Subsequent Project. The Planning Commission finds that the project, is in conformance with the E of the City's General Plan,.based on the following: a. b. 9. Land Use - the site is designated for TraveUEIecreational uses such as h Circulation - the project is conditioned to dedicate necessary right-of-v participate in future street improvements. c. Housing - the project is conditioned to pay, if adopted, a non-res housing impact fee (linkage fee). d. Public Safety - the project will comply with the Uniform Building Cc State seismic standards. 10. The project is consistent with the City-Wide Facilities and Iniprovements P applicable local facilities management plan and all City public facility polic ordinances since: EXHIBIT "F" (Paqe 3 of 13) PC RES0 NO. 4220 .” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -- 31 23 24 25 26 27 28 0 e a. The project has been conditioned to ensure the building permits will not b for the project unless the District Engineer determines that sewer se available, and building cannot occur within the project unless sewer remains available. and the District Engineer is satisfied that the requirer the Public Facilities Element of the General Plan have been met insofar apply to sewer service for this project. All necessary public improvements have been provided or are reqL conditions of approval. The Developer has agreed and is required by the inclusion of an app condition to pay a public facilities fee. Performance of that contract and p of the fee will enable this body to find that public facilities will be a‘ b. c. concurrent with need as required by the General Plan. 11. The project has been conditioned to pay any increase in public facility fee. construction tax, or development fees, and has agreed to abide by any ad requirements established by a Local Facilities Management Plan prepared purs Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availal public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as par Local Facilities Management Plan for Zone 22. The Planning Commission has reviewed each of the exactions imposed on the De. contained in this resolution, and hereby finds, in this case, that the exactions are ii to mitigate impacts cause by or reasonably related to the project, and the extent degree of the exaction is in rough proportionality to the impact caused by the pro@\ 12. 13. Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of ti- Development Plan for the project entitled Palomar Beach Resort (Exhibits “A” dated January 7, 1998, on file in the Planning Department and incorporated 1 reference, subject to the conditions herein set forth.) Staff is authorized and dire make, or require Developer to make, all corrections and modifications to th Development Plan documents, as necessary, to make them internally consistent conformity with final action on the project. Development shall occur substanti shown in the approved Exhibits. Any proposed development substantially differer this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, ant ordinances iii effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy Site Plan as approved by the final decision making body. The Site Plan shall refl conditions of approval by the City. The Plan copy shall be submitted to th 2. 5. EXHIBIT “F ” (Page 3 of 13) PC RES0 NO. 4220 1 2 - 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Engineer and approved prior to building, grading, final map. or improveme: submittal, whichever occurs first. 4. The Developer shall include. as part of the plans submitted for any permit plan c reduced legible version of the approving resolutions on a 24” s 36” blueline d Said blueline drawings shall also include a copy of any applicable Coastal Devel Permit and signed approved site plan. Building permits will not be issued for development of tlie subject property unl District Engineer determines that sewer facilities are available at the time of app for such sewer permits and will continue to be available until time of occupancy. The Developer shall pay the pubiic facilities fee adopted by the City Council on J 1987, (amended July 2, 1991) and as amended from time to time, and any devel fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad MI Code or other ordinance adopted to implement a growth management system or Fi and Improvement Plan and to fulfill the subdivider‘s agreement to pay the facilities fee dated December 24,1996, a copy of which is on file with the City C1 is incorporated by this reference. If the fees are not paid, this application will consistent with the General Plan and approval for this project will be void. This project shall comply with all conditions and mitigation measures which are ri as part of the Zone 22 Local Facilities Management Plan and any amendments n that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the p of any fees in-lieu thereof, imposed by this approval or imposed by law on ths res housing project are challenged this approval shall be suspended as provi Government Code Section 66020. If any such condition is determined to be inw approval shall be invalid unless the City Councii determines that the project with condition complies with all requirements of law. Approval of SDP 97-19 is granted subject to the approval of CDP 97-40. SDP 9 subject to all conditions contained in Planning Commission Resolution No. 4; 5. 6. 7. 8. 9. CDP 97-40. 10. Prior to the issuance of the building or grading permit, whichever OCCUI Developer shall submit to the City a Notice of Restriction to be filed in the officr County Recorder, subject to the satisfaction of the Planning Director, noti0 interested parties and successors in interest that the City of Carlsbad has issued Development Plan by Resolution No. 4220 on the real property owned by the Dev Said Notice of Restriction shall note the property description, location of t containing complete project details and all conditions of approval as well conditions or restrictions specified for inclusion in the Notice of Restrictio Planning Director has the authority to execute and record an amendment to the EXHIBIT “F” (Page 5 of 13) PC RES0 NO. 4220 . 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 which modifies or terminates said notice upon a showing of good cause by the De. or successor in interest. 11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wit pursuant to City standards. Location of said receptacles sliall be approved Planning Director. Enclosure shall be of similar colors andor materials to the prl the satisfaction of the Planning Director. An exterior lighting plan including parking areas shall be submitted for Planning I: approval. All lighting shall be designed to reflect downward and avoid any imp adjacent homes or property. No outdoor storage of materials shall occur onsite unless required by the Fire Ch such instance a storage plan will be submitted for approval by the Fire Chief i Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in conforman1 the approved Preliminary Landscape Plan and the City's Landscape Manual. Th shall be submitted to and approval obtained from the Planning Director prior approval of the final map, grading permit, or building permit, whichever occurs fir: Developer shall construct and install all landscaping as shown on the approved pia maintain all landscaping in a healthy and thriving condition, free from weeds, tra! debris. The first submittal of detailed landscape and irrigation plans shall be accompanied project's building, improvement, and grading pians. Building identification andor addresses shall be placed on all new and existing bu so as to be plainly visible from the street or access road; color of identification addresses shall contrast to their background color. The Developer shall provide bus stops to service this development at locations an reasonable facilities to the satisfaction of the North County Transit District a Planning Director. Said facilities, if required, shall at a minimum include a benc designed to enhance or be consistent with the basic architectural theme project. The developer is aware that the City is preparing a non-residential housing imp, (linkage fee) consistent with Program 4.1 of the Housing Element. The applic hrther aware that the City may determine that certain non-residential projects mq to pay a linkage fee, in order to be found consistent with the Housing Element General Plan. If a linkage fee is established by City Council ordinance andor res( and this project becomes subject to a linkage fee pursuant to said ordinance resolution, then the Developer. or his/her/their successor(s) in interest shall p( linkage fee. The linkage fee shall be paid at the time of issuance of building pt 12. 13. 14. 15. 16. 17. from advertising, and a pole for the bus stop sign, The bench and pole sh 18. EXHlB IT "F 'I (Page 6 of 13) PC RES0 NO. 4220 t 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3-3 24 25 26 27 28 0 0 except for projects involving a request for a non-residential planned development existing development. in whch case. the fee shall be paid on approval of the fin: parcel map or certificate of compliance, required to process the non-residenth whichever pertains. If linkage fees are required for this project. and they are not pa project wiil not be consistent with the General Plan and approval for this proje become null and void. Engineering: Note: Unless specifically stated in the condition, all of the foliowing Engineering con. must be satisfied prior to the issuance of building permits. Prior to hauling dirt or construction materials to or from any proposed constructic within this project, the developer shall submit to and receive approval from th Engineer for the proposed haul route. The developer shall comply with all conditio requirements the City Engineer may impose with regards to the hauling operation, The developer shall provide for sight distance corridors at the project drivew accordance with Engineering Standards and the Site Plan and Preiiminary Land Plan; and, shall record the following statements on the mylar Preliminary Land Plan: 19. 20. 1. "Mature vegetation within the site line area of the intersection shall greater than 30" in height or have a canopy no less than 8' in height. 2. "NO structure, fence, wall, sign, or other object over 30 inches above the level shalI be placed or permitted to encroach within the area identifiec sight distance corridor in accordance with City Standards and the Site and preliminary Landscape Plan. The underlying property owner maintain this condition." The property owner shall pay a one-time special development tax ~II accordance wid Council Resolution No. 91-39. The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City har regarding drainage across the adjacent property. The owner shall enter into a lien contract for the future public improvement of Palc Airport Road (PAR) and Carlsbad Boulevard along the project frontage for half improvements to major arterial standards. The developer is not requirt improve the PAR bridge and cost estimates for the PAR bridge shall not be incl in the future improvement agreement (FIA). Public improvements shall includc not be limited to, paving, base, sidewalks, curbs and gutter, medians, grading, cle and grubbing, under-grounding or relocation of utilities, sewer, water, fire hydrants, ; 21. 22. 23. \ 24. lights and retaining walls. EXHIBIT "F" PC RES0 NO. 4220 (Page 7 of 13) 2 1 3 4 5 6 7 8 9 lo 11 12 13 14 1 5 26 17 18 19 20 21 22 23 24 25 26 27 28 25. Based upon a review of the proposed grading and the grading quantities shown 011 t pian, a grading permit for this project is required. The developer must submit and r approval for grading plans in accordance with City codes and standards. 26. The developer shall submit proof that a Notice of Intention has been submitted State Water Resources Control Board. Upon completion of grading, the developer shall ensure that an "as-graded" geoiogi is submitted to the City Engineer. The plan shall clearly show all the geology as e> by the grading operation, all geologic corrective measures as actually construct€ must be based on a contour map which represents both the pre and post site grading plan shall be signed by both the soils engineer and the engineering geologist. Th shall be prepared on a 24" x 36" mylar or similar drafting film and shall bec permanent record. No grading for private improvements shall occur outside the limits of the project UT grading or slope easement is obtained from the owners of the affected propertie recorded. If the developer is unable to obtain the grading or slope easement, no gi permit will be issued. In that case the developer must either amend the site p modify the plans so grading will not occur outside the project site in a manner substantially conforms to the approved site plan as determined by the City Enginel Planning Director. Additional drainage easements may be required. Drainage structures shall be provic installed prior to or concurrent with any grading or building permit as may be requir the City Engineer. The developer shall underground all existing overhead utilities within the p boundary. The developer shall comply with the City's requirements of the National Pol Discharge Elimination System (NPDES) permit. The developer shall provide management practices as referenced in the "California Storm Water Best Managc Practices Handbook" to reduce surface pollutants to an acceptable level prior to disc to sensitive areas. Plans for such improvements shall be submitted by the deve and approved by the City Engineer, in accordance with the following: a. 27. 28. 29. 30. 31. Fossil type filters shall be installed at storm drain inletdinverts, as shov the Site Plan. Toxic chemicals or hydrocarbon compounds such as gasoline, mot0 antifreeze, solvents, paints, paint thinners, wood preservatives, and such fluids shall not be discharged into any street, public or private, 01 storm drain or storm water conveyance systems. Use and dispos pesticides, fungicides, herbicides, insecticides, fertiiizers and other b. EXHIBIT "F" (Page 8 of 13) PC RES0 NO. 4220 1 0 0 1 3 - 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 chemical treatments shall meet Federal, State, County and City requir as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce pollutants when planning any changes to the landscaping and c. improvements, 32. Plans, specifications, and supporting documents for a11 public improvements : prepared to the satisfaction of the City Engineer. In accordance with City Standa developer shall install, or agree to install and secure with appropriate security as p by law, improvements shown on the site plan, as follows: a. Widen and improve northbound Carlsbad Boulevard from approxi 435’ south of the project entrance to the project entrance, as follows: 0 0 0 One (1) exclusive northbound left turn lane; two (2) exclusive northbound through lanes; one (1) 8’ bicycle/bus stop lane; al>prOXimatelY 150’ Qf concrete curb & gutter and sidewalk beg south of the “begin” curb return (BC); one (1) curb return with handicap ramp (also install the curb and handicap ramp on the north side of the intersection); 0 0 raised landscaped median. b. Widen and improve southbound Carisbad Boulevard from approximate1 north of the project entrance to the project entrance, as follows: One (1) exclusive southbound left turn lane; two (2) exclusive southbound through lanes. 0 8 Grind existing gore striping and re-paint gore striping for the e: northbound Carlsbad Boulevard ramp to PAR. Construct a fully actuated traffic signal, with interconnect capabilities f future realigned PAFUCarlsbad Boulevard intersection. The traffic shall be constructed in the ultimate location for the future realignm Carisbad Boulevard. Construct new Solamar Mobile Home Estates entrance as shown on ti Plan and in accordance with private agreement between the develop Solamar Homeowner’s Association, dated October 6,1997. Submit signing, striping and traffic control plans as part of the improvl drawing pIan set. .I c. d. e. f. EXHIBIT “F” (Page 9 of 13) PC RES0 NO. 4220 0 0 * 1 7 I 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - 78 0 0 Improvements listed above shall be constructed within 18 months of approv: secured improvement agreement or such other time as provided in said agreemen To Construct the project, the developer must acquire fee title property f~ City along the project’s Carlsbad Boulevard property frontage. Addition: City may have to acquire right of way for the future realignment of I Airport Road, along the project’s northerly property frontage. TO faciiit: the developers needs and the City’s potential needs, the project is continge developer entering into an agreement with the City for a Iand exchange. Dc shall pay the City cash for the value of any land developer receives in exce even trade. Developer shall prepare the draft agreement, which shall be rl by the Public Works Director/City Engineer, City Attorney and Finance D The final agreement shall be submitted to the City Council. If the ab oreerne1 approved by the City Council and the nand exchange is not completed, the cannot be constructed as designed and all approvals shall become null ar Any engineering, surveying, legal and financial work that must be condr prepare the agreement, shall be completed solely by the developer, incfui costs for the preparation of the agreement itself. The developer shall maintain all off-site landscaping that is installed as sh the project’s preliminary Landscape Plan, in perpetuity. The developer shall grant a temporary constructiodstope easement to the ( the future construction of the slopes required for the reaiignment of PAR (inc the bridge widening) and Carlsbad Boulevard. The developer shall grant a temporary construction access easement to th from the project’s entrance to the project’s northeriy parking area, for the construction of the slopes required for the realignment of PAR (including the widening) and Carlsbad Boulevard. 23. 34. 35. 36. 37. The developer shall grant a temporary Constructionlstaging area easement City, within the project’s northerjy parking area, for the future construction slopes required for the realignment of PAR (including the bridge widenin Carlsbad Boulevard. The developer shall design, construct and maintain an all weather access roac Carlsbad Boulevard to the Solamar Mobile Home Park, to the satisfaction City Engineer, during construction of the project. 38. Fire Conditions: 39. Prior to issuance of building permits, the Fire Department shall evaluate buildin; for conformance with applicable fire and safety requirements of the state and loc codes. EXHIBIT “F” PC RES0 NO. 4220 (Paqe 10 of 13) - I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 40. 41. Additional on-site public water mains and hydrants are required. The applicant shall submit a site plan to the Fire Department for approval. w the Iocation of required, proposed and existing public water mains and fire hj plan should include off-site fire hydrants within 200 feet of the project. The applicant shall submit a site plan depicting emergency access routes. dri traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehic provided and maintained during construction. When in the opinion of the Fir( access road has become unserviceable due to inclement weather or other reaso in the interest of public safety, require that construction operations ceas condition is corrected. All required water mains, fire hydrants and appurtenances shall be operatic combustible buiiding materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular acce equipped with a "Knox", key operated emergency entry device. The app contact the Fire Prevention Bureau for specifications and approvals prior to ins. Prior to building occupancy, private roads and driveways which serve as requ for emergency service vehicles, shall be posted as fire lanes in accordanc requirements of section 17.04.020 of the Carlsbad Municipal Code. All buildings having an aggregate floor area in excess of 10,000 square fel protected by automatic fire sprinkler systems. Plans and specifications must br by the Fire Department and a permit obtained prior to installation. The applicant shaII provide a street map which conforms to the foIIowing req A 400 scale photo-reduction mylar, depicting proposed improvements and ai existing intersections or streets. The map shall also clearly depict. street c hydrant locations and street names. 42. 43. 44. 45. 46. 47. 48. ¶ Water District Conditions: 49. The entire potable water system. reclaimed water system and sewer systen evaluated in detail to ensure that adequate capacity, pressure and flow demax, met. The Developer shall be responsible for all fees, deposits and charges whic collected before and/or at the time of issuance of the building permit. The : County Water Authority capacity charge will be collected at issuance of appli 50. meter instaiIation. 5 1. Sequentially, the Developer's Engineer shall do the following: EXHIBIT "F " (Page 11 of 13) PC RES0 NO. 4220 1 - 3 4 5 3 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a. Meet with the City Fire Marshal and establish the fire protection re1 Also obtain G.P.iM. demand for domestic and imgational needs from parties. Prepare a colored reclaimed water use area map and submit to th Department for processing and approvai. Prior to the preparation of sewer, water and reclaimed water improvernc meeting must be scheduled with the District Engineer for review, COI b. c. approval ofthe prehinary system layouts and usages (Le. - 6,P.M. - E c 52. This project is apprwed upon the expressed condition that building permits issued for development of the subject property unless the water district c development determines that adequate water service and sewer facilities are i the time of application for such water service and sewer permits will cont available until time of occupancy. General Conditions: 53. If any of the foregoing conditions fail to occur; or if they are, by their tei implemented and maintained over time, if any of such conditions fail implemented and maintained according to their terms, the City shall have tl revoke or modify all approvals herein granted; deny or further condition issu; future building permits; deny, revoke or further condition all certificates of compel their compliance with said conditions or seek damages for their vi0 vested rights are gained by Developer or a successor in interest by the City's a this Site Development Plan. issued under the authority of approvals herein granted: institute and prosecute 1; Code Reminders: 54. The Deveioper shall pay a landscape pian check and inspection fee as required 1 20.08.050 of the Carlsbad Municipal Code. This approval shall become null and void if building permits are not issue project within 18 months from the date of project approval. Approval of this request shall not excuse compliance with all applicable sectic Zoning Ordinance and all other applicable City ordinances in effect at time o permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access req pursuant to Title 24 of the State Building Code. All roof appurtenances, including air conditions, shall be architecturally integ concealed from view and the sound buffered from adjacent properties and : 55. 56. 57. 58. EXHIBIT "F" PC RES0 NO. 4220 (Page 12 of 13) * rr I 9 > 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 *O 22 23 24 25 26 27 28 0 e substance as provided in Building Department Policy No. 80-6. to the satisfac Directors of Community Development and Planning All landscape and irrigation plans shall be prepared to conform with the Manual and submitted per the landscape plan check procedures on file in th Department. Any signs proposed for this development shall at a minimum be designed in co with the City's Sign Ordinance and shall require review and approval of th Director prior to installation of such signs. The project is subject to all applicable provisions of local ordinances. includi limited to the following: a. 59. 60. 61. The developer shall exercise special care during the construction phi project to prevent off-site siltation. Planting and erosion control shall b in accordance with the Carlsbad Municipal Code and the City Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting of th Commission of the City of Carisbad, California, held on the 7th day of January, 19' foIIowing vote, to wit: AYES: Chairperson Noble, Commissioner's Compas, Heineman Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: T BAILEY NOBL , Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Mk%e Planning Director EXHIBIT "F" PC RES0 NO. 4220 (Page 13 of 13)