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HomeMy WebLinkAbout2015-01-13; City Council; 21811; Sale Quitclaim Deed McMillin QC2 LLC Haymar Drive for Quarry Creek CommunityOQ CAJI 41 CITY OF CARLSBAD - AGENDA BILL cA61 0RN�� AB# 21,811 ADOPT RESOLUTION APPROVING THE SALE BY QUITCLAIM DEPT. DIRECT R DATE 1/13/15 DEED TO MCMILLIN QC2, LLC, OF THREE PARCELS THAT CITY ATTY. ARE EXCESS RIGHT-OF-WAY ON HAYMAR DRIVE, FOR INCLUSION IN THE ADJACENT DEPT. PW - PEM QUARRY CREEK PLANNED COMMUNITY CITY MGR, I RECOMMENDED ACTION: Adopt Resolution 2015-002 approving the sale of a portion of city owned, excess right-of-way property on Haymar Drive to McMillin QC2, LLC ("McMillin") by quitclaim deed for inclusion in the adjacent Quarry Creek Master Plan planned community. ITEM EXPLANATION: McMillin desires to purchase three (3) vacant land parcels located in the 3700 block on the south side of Haymar Drive for inclusion in the Quarry Creek Master Plan residential development. The purchase will fulfill Condition Number 68 of Planning Commission Resolution 6938 of Carlsbad Tract Map 11-04 for the Quarry Creek Master Plan project. The parcels were part of excess right-of-way conveyed in fee by the California Highway Commission to the City of Carlsbad per File/Page No. 53001, recorded in 1968, as shown in Relinquishment Map 15091. The parcels consisted of frontage road and reconstructed city streets, including the street now known as Haymar Drive. The excess -right -of way to be quitclaimed consists of steep slopes that are not developable and will be used as open space. The city Planning Division agrees that it would be appropriate to include that portion of the property in the Habitat Management Preserve by including it in the legal description for the future Conservation Easement as required by Planning Commission Resolution 6938 for CT 11-04. This would be done by the developer when they process the Conservation Easement through the Planning Division. McMillin will compensate the city the fair market value of sixty nine thousand nine hundred dollars ($69,900) as determined by an independent appraisal. Conveyance Parcel A: 30,498 SF or 0.70 acre $ 9,800 Conveyance Parcel B: 233 SF or 0.005 acre $ 100 Conveyance Parcel C: 7,841 SF or 0.180 acre $60,000 DEPARTMENT CONTACT: Joe Garuba 760-434-2893 Joe.Garuba@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED t CONTINUED TO DATE SPECIFIC ❑ DENIED CONTINUED TO DATE UNKNOWN ❑ CONTINUED ❑ RETURNED TO STAFF ❑ WITHDRAWN ❑ OTHER — SEE MINUTES ❑ AMENDED 13 REPORT RECEIVED 13 The city will retain a minimum of 30' right of way from centerline of Haymar Drive necessary to complete local street improvements. The highest and best use of the excess right-of-way parcels according to the appraisal by Rasmuson Appraisal Services is assemblage with Quarry Creek which is also consistent with the city's General Plan for preserving open space. The Quarry Creek Master Plan area is zoned as a planned community and the entire tract will be developed in accordance with the approved Quarry Creek Master Plan. The preservation of these parcels as open space, combined with fair compensation to the City provides dual benefits to the city. FISCAL IMPACT: The sale of these parcels will result in revenue of $69,900 to the city. Conveyance Parcel A: $ 9,800 Conveyance Parcel B: $ 100 Conveyance Parcel C: $60,000 Total Revenue $69,900 ENVIRONMENTAL IMPACT: Pursuant to Section 15061(b)(3) of the CEQA Guidelines, the sale is exempt from review since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. EXHIBITS: 1. Resolution No. 2015-002 Approving the Sale of Three Parcels to McMillin QC2, LLC by Quitclaim Deed that are Excess Right -of -Way on Haymar Drive, for Inclusion in the Adjacent Quarry Creek Planned Community. 2. Location Map 3. Planning Commission Resolution 6938 4. Relinquishment of Highway Right -of -Way in the City of Carlsbad, Road 11-SD-78-2.4-4.6 Request No. 15091 and Maps 2 EXHIBIT 1 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 RESOLUTION NO. 2015-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE SALE BY QUITCLAIM DEED OF THREE PARCELS THAT ARE EXCESS RIGHT-OF-WAY ON HAYMAR DRIVE, TO MCMILLIN QC2, LLC, FOR INCLUSION INTO THE ADJACENT QUARRY CREEK PLANNED COMMUNITY. WHEREAS, the developers of the Quarry Creek Master Plan planned community, McMillin QC2, LLC, will purchase conveyance parcels A, B, and C located in the 3700 block of Haymar Drive; and WHEREAS, the parcels are part of excess right-of-way and beyond the necessary 30' to complete local street improvements; and WHEREAS, the excess right-of-way consists of steep slopes that are not developable, and once acquired by the developer will be used as open space in the Habitat Management Preserve; and WHEREAS, the City will be compensated the fair market value of $69,900. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: /// 1. That the above recitations are true and correct. 2. That the City approves the sale of the excess right-of-way parcels by quitclaim deed as shown on attached Exhibit C hereto and as described in the legal descriptions attached thereto as Exhibit A and shown on the diagram attached thereto as Exhibit l3 3 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of January 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. MATT LL, Mayor ATTEST: BARBARA ENGLESON ity Clerk G . �URF.K�•, g s °��►II111���� EXHIBIT `A' Legal Description for PROPERTY CONVEYANCE Those portions of that certain parcel of land relinquished to the City of Carlsbad per File/Page No. 53001, recorded March 29, 1968 in the City of Carlsbad, County of San Diego, State of California, designated as Parcels 1 and 2 of State Highway Map No. 86 (Relinquishment Map No. 15091 per File/Page No. 185247, recorded November 24, 1967), also being a portion of land formerly granted to the State of California per File/Page No.'s 206558 and 206559, recorded November 13, 1964, as shown on Caltrans Right of Way Map LO-27501; all of official records of. said County, more particularly described as follows: Parcel `A' Beginning at a found 1" iron pipe with disc stamped "Div Hwys" per State Highway Monumentation Map M.S. 597, said pipe marking the Southwest corner of said land granted per File/Page No.'s 206558 and 206559; thence along the Southerly boundary thereof the following courses: North 5404636" East, 66.63 feet (North 54112'28" East, 66.68 feet per said File/Page No.'s 206558 and 206559); thence North 62033'21" East, 781.76 feet (North 6105714" East, 781.78 feet per said File/Page No.'s 206558 and 206559); thence North 70036'16" East (North 70000'08" East per said Fite/Page No.'s 206558 and 206559), 119.15 feet to a point herein referred to as Point 'A'; thence leaving said Southerly boundary North 12121'04" West, 7.32 feet to the beginning of a tangent 20.00 foot radius curve, concave to the Southwest; thence Northwesterly, Westerly and Southwesterly along the arc of said curve, through a central angle of 94058'10" 'a distance of 33.15 feet to the beginning of a 670.00 foot radius compound curve, a radial line to said beginning bears North 17019'14" West; thence Southwesterly along the arc of said curve, through a central angle of 09014'38" a distance of 108.10 feet; thence South 63026'08" West, 825.34 feet to a point on the West boundary of said File/Page No.'s 206558 and 206559; thence along said West boundary South 05024'53" East, 51.04 feet to the Point of Beginning. Said parcel contains 30,498 square feet or 0.700 acre, more or less. Parcel `B' Commencing at the above -mentioned Point `A'; thence continuing along the Southerly boundary of said File/Page No.'s 206558 and 206559 the following courses: North 70036'16" East (North 70000'08" East per said File/Page No.'s 206558 and 206559), 41.10 feet; thence North 53052'54 East, 21.31 feet (North 53015'00" East per said File/Page No.'s 206558 and 206559) to the True Point of Beginning; thence continuing North 53152'54 East 39.47 feet; thence North 11037'15" East (North 11100'24" East per said File/Page No.'s 206558 and 206559), 0.93 feet to a point herein referred to as Point `B'; thence leaving said Southerly boundary South 77005'02" West, 16.99 feet to the beginning of a PAGE 1 OF 2 PA246820\Mapping\Plats\0ffsite Conveyance\Legals & deeds\2468_Offsite Conveyance.doc tangent 20.00 foot radius curve concave to the Southeast; thence Southwesterly along the arc of said curve, through a central angle of 79037'19" a distance of 27.79 feet to the True Point of Beginning. Said parcel contains 233 square feet or 0.005 acre, more or less. Parcel 'C' Commencing at the above -mentioned Point `B'; thence continuing along the Southerly boundary of said File/Page No.'s 206558 and 206559 the following courses: North 11037'15" East (North 11000'24" East per said File/Page No.'s 206558 and 206559), 90.34 feet; thence North 69019'22" East, 624.95 feet (North 68042'26" East, 625.00 feet per said File/Page No.'s 206558 and 206559); thence South 71007'36" East, 97.96 feet (South 71023'57" East, 97.79 feet per said File/Page No.'s 206558 and 206559); thence South 28032'25" East, 43.26 feet (South 29038'27" East per said File/Page No.'s 206558 and 206559) to the True Point of Beginning; thence continuing South 28032'25" East, 2.90 feet; thence North 89056'20" East, 97.33 feet (North 89021'52" East, 97.35 feet per said File/Page No.'s 206558 and 206559); thence North 51035'17" East, 180.91 feet (North 51001'21" East, 180.95 feet per said File/Page No.'s 206558 and 206559); thence North 80007'10" East, 17.12 feet (North 79032'45" East, 17.12 feet per said File/Page No.'s 206558 and 206559); thence North 82017'31" East 32.22 (North 81043'12" East, 32.23 feet per said File/Page No.'s 206558 and 206559); thence North 28042'58" East, 25.11 feet (North 28009'19" East, 25.12 feet per said File/Page No.'s 206558 and 206559); thence North 63050'06" East (North 63018'00" East per said File/Page No.'s 206558 and 206559), 28.71 feet to the beginning of a non -tangent 958.00 foot radius curve concave to the Southeast, a radial line to said beginning bears North 20050'18" West; thence leaving said Southerly boundary and Southwesterly along the arc of said curve, through a central angle of 03015'46" a distance of 54.55 feet; thence South 65053'56" West, 217.21 feet to the beginning of a tangent 470.00 foot radius curve concave to the Southeast; thence Southwesterly along the arc of said curve, through a central angle of 05051'00" a distance of 47.99 feet; thence South 60002'56" West, 41.19 feet to the True Point of Beginning. Said parcel contains 7,841 square feet or 0.180 acre, more or less. All bearings and distances in the above legal description are grid, and based upon the California Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35. This legal description was prepared by me or under my direction in conformance with the California Professional Land Surveyors' Act. SAND SG� 0 1 GS A dab 6-3Q-16 GARY L. HU DATE LS 7019 grFOF Opt1F��� PAGE 2OF2 PA2468.20\Mapping\Plats\0ffsite ConveyanceTegals & deeds\2468_Offsite Conveyance.doc LEGAL DESCRIPTION: A POR71ON OF THAT CERTAIN PARCEL OF LAND RELINQUISHED TO THE CITY OF CARLSBAD PER FILE/PAGE NO. 53001, RECORDED MARCH 29, 1968 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BASIS OF BEARINGS: 7HE BASIS OF BEARINGS FOR THIS PLAT IS 7HE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, EPOCH 1991.35 GRID BEARING BETWEEN 1ST ORDER G.P.S. STATION 88 (CLSB-088) AND 1ST ORDER G.P.S. STA71ON 87 (CLSB-087) PER ROS 17271. I.E., NORTH 7675'00" WEST DISTANCES SHOWN HEREON ARE GRID DISTANCES. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY DISTANCES BY 110.999948180 FROM 1ST ORDER G.P.S. STATION NO. 88. LEGEND INDICATES FOUND 314" IRON PIPE W\DISC STAMPED "L.S. 3189 PER ROS 12936 QQ INDICATES FOUND 1" IRON PIPE W\DISC STAMPED "DIV HWYS' PER M.S. 597 VICINITY MAP NO SCALE o �P m EL CAMINO r- COUNTRY CLUB O a �P SITE o �S qj- µp,�,pR DR 78 AR DR MAR ON RD i CARLSBAD VILLAGE m ® INDICATES PROPERTY TO BE CONVEYED fROM THE CITY OF CARLSBAD TO QUARRY CREEK INVESTORS, LLC �0 LAND SU ��F PARCEL 'A' AREA: 0.700 ACRE ��5 pg'� L H{, PARCEL 'B' AREA: 0.005 ACRE �' s PARCEL 'C' AREA: 0.180 ACRE NO. 7019 P.O.C. INDICATES POINT OF COMMENCEMENT * Exp. date 6-30-16 *' P.O.B. INDICATES POINT OF BEGINNING T.P.O.B. INDICATES 7RUE POINT OF BEGINNING OF CA, ( ) INDICATES RECORD DATA PER ����� l RLE/PAGE NO.'S 206558 AND 206559, RECORDED NOVEMBER 13, 1964 GARY L. HUS, L.. 7019 DATE (R) INDICATES RADIAL BEARING INDICATES ACCESS RIGHTS RELINQUISHED EXHIBIT 'B' SHEET 1 OF 4 I PROPERTY CONVEYANCE - CITY OF CARLSBAD APPLICANT- PREPARED BY - QUARRY CREEK INVESTORS, LLC PROJECT DESIGN CONSULTANTS 2750 WOMBLE ROAD, SUITE 200 701 B STREET, SUITE 800 SAN DIEGO, CA 92106 SAN DIEGO, CA 92101 P. \2468.20\Mapping\Plats\Offsite Con veyance\2468_Property Conveyance.dwg Oct 20, 2014 -0 34'58.710" 2 c� GRAPHIC SCALE 500 0 250 500 ( IN FEET ) 1 inch = 500 ft. CONVERGENCE ANGLE AT STATION NO. 88 EL=317.176' N. G. V D. 29 P►� ti I P 0F11 rJ ON y �,o'0ry A QiUA 1ST ORDBR aP.& I STAflON NO. 88 I N 2008184.293 E 6237050.522 I P.O.B. PCL. 'A' or JNNJMBEJ READ LJ r r1rDJONDA F,ANCHO r I— MAP 11477 T AVM I PROPERTY CONVEYANCE - CITY OF CARLSBAO APPLICANT. PREPARED BY - QUARRY CREEK INVESTORS, LLC 2750 WOMBLE ROAD, SUITE 200 SAN DIEGO, CA 92106 PROJECT DESIGN CONSUL TANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 I 28 27 PM 18602 1 PM 107,49_ 1 PM 19261 as I MARRON RDAD PJVJ 10260 1 rEXHBI T 'BHEET 2 OF 4 P: \2468,20\Mapping\Plats\Offsite Con veyance\2468_Property Conveyonce.dwg Oct 20, 2014 —0'34'58.710" CONVERGENCE ANGLE AT STATION NO. 88 GRAPHIC SCALE 200 0 100 200 = =!!tjj6�� (IN FEET ) 1 inch = 200 fL PUBLIC ROAD EASEMENT TO THE COUNTY OF SAN DIEGO REC. JUNE 19, 1928 IN BOOK 1496, PAGE 100 OF DEEDS ozz .� .26! 1a1 a 563 ,210E \\ 15\ PARCEL 'A' \ \ SDG&E EASEMENT 33 AE REC. MAY 11, 1949 �661,5�/"/ ,) 0.700 ACRE \ IN BOOK 3200, PAGE 449, O.R. � L P rJ R, OF JNNUMB rF3 rD LOT AQUA HE1 DJJNDA\\PlAI1r;-1J P.O.B. PCL. 'A' SEWER EASEMENT TO THE CITY OF \� OCEANSIDE PER FILE NO. 68841. REC. APRIL 20, 1961 11•�9%�'WSR� � �- DRIVE CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 94 58'10" 20.66, 5555' C2 097438" 670.00' 108.10' C3 1 79'37'19" 1 20.00' 1 27.79' LINE TABLE LINE BEARING LENGTH L1 N54'4636"E (N547228"E 66.63' 66.68' L2 N1221'04"W 7.32' L3 S05 24'53'E 51.04' L4 Nll37'15"E 0.93' L5 S77'05'02"W 16.99' C 17 ' N11'3715E 91.27 . \ \�19: 25+ (Nl l '00'24"E 1 \ ��0.36+fig"E 91.21') 1 SEE DETAIL BELOW \1 DETAIL / NOT TO SCALE L5 / T.P.O B. v"% �1 , / PCL. 'B' / N1�•p0 POINT 'A' P.O. C. PCL. 01 PROPERTY CONVEYANCE - CITY OF CARLSBAD APPLICANT- PREPARED BY.• QUARRY CREEK INVESTORS, LLC PROJECT DESIGN CONSUL TANTS 2750 WOMBLE ROAD, SUITE 200 701 B STREET, SUITE 800 SAN DIEGO, CA 92106 SAN DIEGO, CA 92101 POINT '8' P.O.C. PCL 'C' PARCEL '8' 0.005 ACRE EXHIBI T V SHEET 3 OF 4 P. \2468.20\Mapping\Plots\Offsite Conveyance\2468_Property Conveyonce.dwg Oct 20, 2014 LINE TABLE LINE BEARING LENGTH L1 S28'32'25"E 2.90' L2 N80b7'10"E (N79'32'45"E 17.12' 17.12' L3 N8217'31 "E (N8143'12"E 32.22' 32.23) L4 N28'42'58"E 09'19"E 25.11' 25.12') L(N28 L5 N63'50'06"E (N63'18'00 "E) 28.71' -0'34'58.710" 9 U sa CONVERGENCE ANGLE AT STATION NO. 88 DETAIL p NOT TO SCALE �05�51,00 0 9-96. T.P D.B. K g9 PCL. 'C' N, NOR � C, w.'a: N8956'20'E, 97.33' L1 �(N8921'52T 97.35) �SDG&E EASEMENT REC. MARCH 31, 1966 AS INST. NO. 54146, O.R. POINT 'B' P.O.C. I S611 a0yo�51- 1�0 PARCEL 'C' 0.180 ACRE (S712357"E 97 79) S71 '07'36"E 97.96' po 68.421 2 E 624 95 / (N 9.�9'2 PCL. 'C' N6� / �, HAYMA j SEE DETAIL - 90 34= ABOVE Ar]JA (N11'00'24"E 91.21') H E�DJ JJ DA Nll'37'15"E 91.27' RAJA 0,H0 SEE DETAIL ON SHEET 3 N89 56'20"E SDG&E EASEMENT REC. MARCH 31, 1966 AS INST. NO. 54146, O.R. Dr 956. , / R'�54.55 5 2 /P F Fq .0L j �Fi{�j- 70 Fc No GF,4� DETAIL gP,Q�I ?0688: �Sr NOT TO SCALE 61 PUBLIC ROAD EASEMENT TO THE COUNTY OF SAN DIEGO REC. JUNE 19, 1928 IN BOOK 1496, PAGE 100 OF DEEDS i i m SEE DETAIL 1 ABOVE GRAPHIC SCALE 200 0 100 200 (INYZET) i inch = 200 ft. PROPERTY CONVEYANCE - C17Y OF CARLSBAD APPLICANT PREPARED BY QUARRY CREEK INVESTORS, LLC PROJECT DESIGN CONSULTANTS 2750 WOMBLE ROAD, SUITE 200 701 B STREET, SUITE 800 SAN DIEGO, CA 92106 SAN DIEGO, CA 92101 PJVJ 18-502 as PNJ 10740 EXHIBIT 'B' SHEET 4 OF 4 P. \2468.20\Mapping\Plats\Offsite Con veyance\2468_Property Conveyonce.dwg Oct 20, 2014 Exhibit C Quitclaim Deed Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: McMillin QC2, LLC 2750 Womble Road, Suite 200 San Diego, CA 92106 MAIL TAX STATEMENTS TO: Same as Above APN: None SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $0 .....Computed on the consideration of value of property; OR .....Computed on the consideration of value Iess liens or encumbrances remaining at time of sale. Signature of Declarant or Agent detenuining tax - Finn Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Carlsbad hereby REMISES, RELEASES AND QUITCLAIM TO: McMillin QC2, LLC the real property in the City of Carlsbad, County of San Diego, State of Califontla, described as SEE EXIIIBITS "A & B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. Approve as to Fotw & Legality CtIt2a A. Brewer, City Attorney Matt Hall, ayor Attest: trbara Eagleson, City CI is CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 'Ean N ) On " before me, 4 �' Date H` a Insert Name and Title of personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(+ is/are subscribed to the within instrument and acknowledged to me that he/aheAhey executed the same in his/h@W#4eir authorized capacity(ies), and that by hi 'heW4;eirsignature(s}on the instrument the erso or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MORGEN FRY Commission #t 209;t4 7 Notary Public - Calilis Signature San Diego CounSignature o otary P b MY Como, re: Dac nil PlaceNotary Seal Above OPTIONAL Though this section is optional, completing this infomnation can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached DoYument Title or Type of Document: -M Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: EXHIBIT 'A' Legal Description for PROPERTY CONVEYANCE Those portions of that certain parcel of land relinquished to the City of Carlsbad per File/Page No. 53001, recorded March 29, 1968 in the City of Carlsbad, County of San Diego, State of California, designated as Parcels 1 and 2 of State Highway Map No. 86 (Relinquishment Map No. 15091 per File/Page No. 185247, recorded November 24, 1967), also being a portion of land formerly granted to the State of California per File/Page No.'s 206558 and 206559, recorded November 13, 1964, as shown on Caltrans Right of Way Map LO-27501; all of official records of said County, more particularly described as follows: Parcel 'A' Beginning at a found 1" iron pipe with disc stamped "Div Hwys" per State Highway Monumentation Map M.S. 597, said pipe marking the Southwest corner of said land granted per File/Page No.'s 206558 and 206559; thence along the Southerly boundary thereof the following courses: North 54046'36" East, 66.63 feet (North 54012'28" East, 66.68 feet per said File/Page No.'s 206558 and 206559); thence North 62033'21" East, 781.76 feet (North 61057'14" East, 781.78 feet per said File/Page No.'s ,206558 and 206559); thence North 70036'16" East (North 70000'08" East per said Fite/Page No.'s 206558 and 206559), 119.15 feet to a point herein referred to as Point 'A'; thence leaving said Southerly boundary North 12021'04" West, 7.32 feet to the beginning of a tangent 20.00 foot radius curve, concave to the Southwest; thence Northwesterly, Westerly and Southwesterly along the arc of said curve, through a central angle of 94158'10" 'a distance of 33.15 feet to the beginning of a 670.00 foot radius compound curve, a radial line to said beginning bears North 17019'14" West; thence Southwesterly along the arc of said curve, through a central angle of 09014'38" a distance of 108.10 feet; thence South 63°26'08" West, 825.34 feet to a point on the West boundary of said File/Page No.'s 206558 and 206559; thence along said West boundary South 05024'53" East, 51.04 feet to the Point of Beginning. Said parcel contains 30,498 square feet or 0.700 acre, more or less. Parcel 'B' Commencing at the above -mentioned Point 'A'; thence continuing along the Southerly boundary of said File/Page No.'s 206558 and 206559 the following courses: North 70036'16" East (North 70000'08" East per said File/Page No.'s 206558 and 206559), 41.10 feet; thence North 53052'54 East, 21.31 feet (North 53015'00" East per said File/Page No.'s 206558 and 206559) to the True Point of Beginning; thence continuing North 53052'54 East 39.47 feet; thence North 11 °37' 15" East (North 11 °00'24" East per said File/Page No.'s 206558 and 206559), 0.93 feet to a point herein referred to as Point 'B'; thence leaving said Southerly boundary South 77005'02" West, 16.99 feet to the beginning of a PAGE 1 OF 2 PA2468.20\Mapping\Plats\0ffsite ConveyanceEegals & deeds\2468_Offsite Conveyance.doc tangent 20.00 foot radius curve concave to the Southeast; thence Southwesterly along the arc of said curve, through a central angle of 79037'19" a distance of 27.79 feet to the True Point of Beginning. Said parcel contains 233 square feet or 0.005 acre, more or less. Parcel `C' Commencing at the above -mentioned Point `B'; thence continuing along the Southerly boundary of said File/Page No.'s 206558 and 206559 the following courses: North 11037'15" East (North 11000'24" East per said File/Page No.'s 206558 and 206559), 90.34 feet; thence North 69019'22" East, 624.95 feet (North 68042'26" East, 625.00 feet per said File/Page No.'s 206558 and 206559); thence South 71007'36" East, 97.96 feet (South 71023'57" East, 97.79 feet per said File/Page No.'s 206558 and 206559); thence South 28032'25" East, 43.26 feet (South 29038'27" East per said File/Page No.'s 206558 and 206559) to the True Point of Beginning; thence continuing South 28032'25" East, 2.90 feet; thence North 89056'20" East, 97.33 feet (North 89021'52" East, 97.35 feet per said File/Page No.'s 206558 and 206559); thence North 51035'17" East, 180.91 feet (North 51001'21" East, 180.95 feet per said File/Page No.'s 206558 and 206559); thence North 80007'10" East, 17.12 feet (North 79032'45" East, 17.12 feet per said File/Page No.'s 206558 and 206559); thence North 82017'31" East 32.22 (North 81043'12" East, 32.23 feet per said File/Page No.'s 206558 and 206559); thence North 28042'58" East, 25.11 feet (North 28009'19" East, 25.12 feet per said File/Page No.'s 206558 and 206559); thence North 63050'06" East (North 63018'00" East per said File/Page No.'s 206558 and 206559), 28.71 feet to the beginning of a non -tangent 958.00 foot radius curve concave to the Southeast, a radial line to said beginning bears North 20050'18" West; thence leaving said Southerly boundary and Southwesterly along the arc of said curve, through a central angle of 03015'46" a distance of 54.55 feet; thence South 65053'56" West, 217.21 feet to the beginning of a tangent 470.00 foot radius curve concave to the Southeast; thence Southwesterly along the arc of said curve, through a central angle of 05051'00" a distance of 47.99 feet; thence South 60002'56" West, 41.19 feet to the True Point of Beginning. Said parcel contains 7,841 square feet or 0.180 acre, more or less. All bearings and distances in the above legal description are grid, and based upon the California Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35. This legal description was prepared by me or under my direction in conformance with the California Professional Land Surveyors' Act. S�V LAND SUS v� GS NO. 7019 GARY L. HU DATE *P� dote s-30-16 LS 7019 gTFOF CAL11 PAGE 2OF2 PA2468.20\Mapping\Plats\0ffsite Conveyance\Legals & deeds\2468_Offsite Conveyance.doc LEGAL DESCRIP110N: A POR7ION OF THAT CERTAIN PARCEL OF LAND RELINQUISHED TO THE CITY OF CARLSBAD PER RLE/PAGE NO. 53001, RECORDED MARCH 29, 1968 IN 714E CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS 7HE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, EPOCH 19905 GRID BEARING BE7WEEN I ST ORDER G.P.S. STA71ON 88 (CLSB-088) AND 1ST ORDER G.P.S. STA71ON 87 (CLSB-087) PER ROS 17271. I.E., NORTH 7675'00" WEST DISTANCES SHOWN HEREON ARE GRID DISTANCES TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY DISTANCES BY 110.999948180 FROM 1ST ORDER G.P.S. STA71ON NO. 88. LEGEND , INDICATES FOUND 314" IRON PIPE W\DISC STAMPED "L. S 3189 PER ROS 12936 Q INDICATES FOUND 1" IRON PIPE W\DISC STAMPED "DIV HWYS" PER M.S. 597 INDICATES PROPERTY TO BE CONVEYED FROM THE CITY OF CARLSBAD TO QUARRY CREEK INVESTORS, LLC PARCEL 'A' AREA: 0.700 ACRE PARCEL 'B' AREA: 0.005 ACRE PARCEL 'C' AREA: 0.180 ACRE P.O.C. INDICATES POINT OF COMMENCEMENT P.O.B. INDICATES POINT OF BEGINNING T.P.O.B. INDICATES TRUE POINT OF BEGINNING ( ) INDICATES RECORD DATA PER RLE/PAGE NO.'S 206558 AND 206559, RECORDED NOVEMBER 13, 1964 (R) INDICATES RADIAL BEARING INDICATES ACCESS RIGHTS RELINQUISHED VICINITY MAP NO SCALE o �P N m EL CAMINO ,- COUNTRY CLUB O n SITE NP,�,p,R DR 78 HA AR DR --, MgRRON RD q 0� CARLSBAD VILLAGE 10 IAND S.,\ CG y�S `moo I NO. 7011 * ExD. date 6-30-16 sp � OF C�� GARY L. HUS, L 7019 DATE I PROPERTY CONVEYANCE - CITY OF CARLSBAD APPLICANT PREPARED BY - QUARRY CREEK INVESTORS, LLC 2750 WOMBLE ROAD, SUITE 200 SAN DIEGO, CA 92106 PROJECT DESIGN CONSULTANTS 701 B STREET, SU17E 800 SAN DIEGO, CA 92101 EXHIBI T 'B' SHEET 1 OF 4 P. \2468.20\Mapping\Plats\Offs1te Con veyance\2468_Property Conveyance.dwg Oct 20, 2074 -034'58.710" tn 00 U U GRAPHIC SCALE 500 0 250 500 ( IN FEET ) 1 inch = 500 ft. CONVERGENCE ANGLE AT STA71ON NO. 88 EL=317.176' N.G.M. 29 0 p►� �/ ti� I PORTJON I h� I ,�oAry A GUA 4/ _ 1ST ORDER G:P.S. I STATION NO. 88 N 2008184.293 E 6237050.522 I P.O.B. PCL. 'A' Dr U N N U M 3 '— 3rD I D r i i MAP 11477 i �A� PROPERTY CONVEYANCE - CITY OF CARLSBAD APPLICANT PREPARED BK QUARRY CREEK INVESTORS, LLC PROJECT DESIGN CONSUL TAWS 2750 WOMBLE ROAD, SUITE 200 701 B STREET, SU1 TE 800 SAN DIEGO, CA 92106 SAN DIEGO, CA 92101 I 28,27 PJVJ J8602 ` I _ PM) J 07�49 eo M/ PM 192 S J as � MARRON PM 19260 rEXHBI T 'B' HEET 2 OF 4 P: \2468,20\Mapping\P1ats\Offsite Conveyance\2468_Property Conveyonce.dwg Oct 20, 2014 -034'58.710" CONVERGENCE ANGLE AT STATION NO. 88 GRAPHIC SCALE 200 0 100 200 (INS) 1 inch = 200 ft PUBLIC ROAD EASEMENT TO THE COUNTY OF SAN DIEGO REC. JUNE 19, 1928 IN BOOK 1496, PAGE 100 OF DEEDS '1eW�R� -- ,. HkyM,4R DRIVE CZ r-;r. Ni137'15"E 25(Nll00'24"E k 16°• 616 E 91.21') \R10 .3 SEE DETAIL BELOW \ '� 26 1 1a1 1w ,A, SDG&E EASEMENT PARCEL \ 1 REC. MAY 11, 1949 0.700 ACRE IN BOOK 3200, PAGE 449, O.R. P Jr1, Jr JNNUJ\J1.� �r3 rD I J7 � P.O.B. \ \ PCL. 'A' SEWER EASEMENT TO THE CITY OF \ J OCEANSIDE PER FILE NO. 68841, REC. APRIL 20, 1961 r CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 94'58'10" 26.00' 33.15' C2 0974'38" 670.00' 108.10' C3 7937'19" 20.00' 1 27.79' LINE TABLE LINE BEARING LENGTH Ll N54 46'36"E (N54'12'28"E 66.63' 66.68' L2 N1221'04"W 7.32' L3 S05'2453"E 51.04' L4 Nll'37'15'E 0.93' L5 S7705'020W 16.99' DETAIL / I NOT TO SCALE L5 T.P.aa / PCL. 'B, fig. 6p� 9�i POINT 'B' P.O.C. PCL 'C' c' PARCEL 'B' �yy'j1�p/ 0.005 ACRE 411 16 0- 16 (N�°�°o` i PaNr 'A' P.O.C. PCL. ,B , EXHIBIT 'B' SHEET 3 OF 4 PROPERTY CANVEwx - aTY or CARLSBAD APPLICANT PREPARED BY QUARRY CREEK INVESTORS, LLC PROJECT DESIGN CONSUL TANTS 2750 WOMBLE ROAD, SUITE 200 701 B STREET, SUITE 800 SAN DIEGO, CA 92106 SAN DIEGO, CA 92101 P. \2468.20\Mapping\Plats\Offsite Conveyance\2468_Property Conveyonce.dwg Oct 20, 2014 LINE TABLE LINE BEARING LENGTH L1 S283225"E 2.90, L2 N80'07'10"E (N7932'45"E 17.12' 17.12' L3 N8217'31 "E (N8143'12"E 3222' 3223) L4 N284258"E (N28 09'19"E 25.11' 25.12') L5 N63'5O'06"E (N63'18'00 "E) 28.71' -0'34'58.710" U U CONVERGENCE ANGLE AT STATION NO. 88 DETAIL „ NOT TO SCALE 05'S�' Op' T.P O.B. N \�CL. 'C' P CP. a' `�r,'c L1 N89'56'20'El 97.33' (N89*21'52'PE 97.35') �SDG&E EASEMENT REC. MARCH 31, 1966 AS INST NO. 54146, O.R. POINT '8' P.O.C. m PARCEL 'C' 0.180 ACRE (S712357"E p' S7107'36"E N�GN 97 96' /- P`� 625 00') - /i1C 6$•�2262 E 62h 95 � PCL. HAYMAHA i SEE DETAIL - go .341 �-� ABOVE ArJA (Nll00'24"E 91.21) Nll'37'15"E 91.27' SEE DETAIL ON SHEET 3 N89 56'20"E SDG&E EASEMENT REC. MARCH 31, 1966 AS INST. NO. 54146, O.R. n '00* Dr �g58 5 �CP L2' L3 /P�FrygSFyFA, �� OFO T.TO \ Fc 0 Nq �F-4 DETAIL A'�,Q�� ?0688s7,ne NOT TO SCALES PUBLIC ROAD EASEMENT TO THE COUNTY OF SAN DIEGO REC. JUNE 19, 1928 IN BOOK 1496, PAGE 100 OF DEEDS .5 1 � � - SEE DETAIL ABOVE v GRAPHIC SCALE 200 0 100 200 1 inch = 200 ft. I PROPERTY CANVEYANCE - CITY OF CARLSBAD APPLICANT: QUARRY CREEK INVESTORS, LLC 2750 WOMBLE ROAD, SUITE 200 SAN DIEGO, CA 92106 PROJECT DESIGN CONSUL TANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 PNJ 18602 as PNJ 10749 EXHIBIT 'B' SHEET 4 OF 4 P, \2468.20\Mapping\Plats\Offsite Conveyance\2468_Property Conveyance.dwg Oct 20, 2014 I LOCATION MAP A I CT NOT TV SCALE PROJECT NAME Quitclaim of Excess Right -of- Way flaymar Drive EXHIBIT 2 Path: J:\Requests20lOPlus\PropEnviron\MuniProp\5380073_14\HaymarROWQuitclaimLor-ation.mxd zX ool'k -� 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 PLANNING COMMISSION RESOLUTION NO. 6938 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD VESTING TENTATIVE TRACT MAP CT 11-04, HILLSIDE DEVELOPMENT PERMIT HDP 11-04 AND SPECIAL USE PERMIT SUP 11-04 TO SUBDIVIDE 156 ACRES INTO 13 LOTS, MASS GRADE AND PROVIDE BACKBONE INFRASTRUCTURAL IMPROVEMENTS ON PROPERTY GENERALLY LOCATED SOUTH OF HAYMAR DRIVE AND WEST OF COLLEGE BOULEVARD IN THE NORTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: QUARRY CREEK MASTER PLAN CASE NO.: CT 11-04/HDP 11-04/SUP 11-04 WHEREAS, Quarry Creek Investors, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Hanson Aggregate Pacific Southwest, Inc., "Owner," described as That portion 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 said San Diego County, November 16, 1896 and also described as Assessor's Parcel Number 167-040- 11-00; and That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to patent map thereof, recorded in Book 1, Page 150 of patents, filed in the Office of the County Recorder of said San Diego County, and also described as Assessor's Parcel Number 167- 040-21-00 ("the Property"); and WHEREAS, said verified application constitutes a request for a Vesting Tentative Tract Map, Special Use Permit, and Hillside Development Permit, as shown on Exhibits "A"- "FF" dated February 6, 2013, on file in the Planning Division QUARRY CREEK MASTER PLAN — CT 11-04/ HDP 11-04/SUP 11-04, as provided by Chapters 20.12, 21.95 and 21.110 of the Carlsbad Municipal Code; and I 2 3 4 5 6 7 8 X 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did, on February 6, 2013, February 20, 2013, and March 6, 2013, hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map, Special Use Permit, and Hillside Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES QUARRY CREEK MASTER PLAN — CT 11-04/HDP 11- 04/SUP 11-04, based on the following findings and subject to the following conditions: Findings: Tract Map (CT 11-04) That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that all master tentative map lots meet the lot size requirements, provide the required public vehicular access, and will be suitable for future residential, recreational and community facilities development. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential, commercial, and open space development on the General Plan, in that the future development of the Quarry Creek Master Plan will include multi -family residential development as well as community facilities uses and open space for both passive and active recreation and preservation. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project is the creation of large lots that do not include the development of residential units but will be further subdivided consistent with the intent and standards developed by the Quarry Creek Master Plan at a future time. PC RESO NO. 6938 -2- 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 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that all easements have been identified and none are affected by the proposed subdivision and that the subdivision of the property includes the creation and dedication of public streets necessary for the access to each newly created lot. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the site is included in the Habitat Management Plan and the project will implement the required mitigation measures applicable to this site as identified in the Quarry Creek Master Plan EIR. 7. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protection and to comply with the City of Carlsbad's Standard Urban Stormwater Mitigation Plan (SUSMP), Order 119-2007-0001 issued by the California Regional Water Quality Control Board for the San Diego Region, and with the City of Carlsbad's Municipal Code. 8. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Quarry Creek Master Plan (MP 11-04) based on the facts set forth in the staff report dated February 6, 2013 including, but not limited to the following: a. Land Use — The project follows the underlying principle of the General Plan Land Use Element that the Quarry Creek Master Plan will be developed as a balanced community with a range and variety of land uses including residential, recreational, preserved open space, and community facilities. Commercial land uses are existing adjacent to the Master Plan and will serve the commercial needs of the community. b. Housing — The project is consistent with of the Housing Element of the General Plan and the Inclusionary Housing Ordinance in that the Quarry Creek Master Plan implements Housing Policy 2.1 by provided for 300 dwelling units at a minimum density of 20 units per acre and 200 dwelling units at minimum 12 units per acre. The Quarry Creek Master Plan provides the development standards and framework for the orderly development and distribution of housing types and areas designated as RMH and RH will accommodate higher density affordable housing and the project will provide for income and rent restricted housing affordable to a minimum of sixty five (65) low income households (at 80% or less of the San Diego County Area Median) to satisfy the Housing Element requirements for the City of Carlsbad and that the residential PC RESO NO. 6938 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 segments of the Master Plan will include a variety of housing types that range from lower -income, rent or price restricted housing to housing ownership opportunities in the form of more affordable townhomes and condominiums, and that the excess dwelling units (approximately 363 total) approved by the City to be used for development within this Master Plan will serve a key public purpose by assisting in the development of diverse affordable housing product, including income and price or rent restricted affordable housing units, and will also enhance the jobs/housing balance for the community. c. Noise - The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan or the City of Carlsbad Noise Guidelines Manual in that the future ground noise levels were found to be at or below 60 dB(A) CNEL. The project will implement the required mitigation measures applicable to this site for additional noise studies concurrent with development as identified in the Quarry Creek Master Plan EIR. d. Public Safety — The project includes or has been conditioned to provide facilities as identified in the LFMP Zone 25 Facilities Plan to ensure that the development proposal complies with the required Fire Suppression Zones, emergency access, fire hydrant locations, and fire flow requirements. e. Circulation — The project provides adequate circulation infrastructure to serve the projected population; and provide a circulation system that promotes safety and livability of residential neighborhoods while maintaining adequate emergency access in that, primary local access to the site will be provided via Marron Road off of College Boulevard and secondary ingress and egress to the north via Haymar Drive. The circulation system has been designed in conformance with Engineering and Fire Department design standards to ensure safety and livability of the residential neighborhoods, while maintaining adequate access for emergency service providers and prompt evacuation capabilities for residents. All roadways (including curb, gutter, sidewalks, and decomposed granite trail) needed to serve the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide access to each of the proposed lots and dwelling units and complies with all applicable City design standards. The project will implement the required traffic mitigation measures applicable to this site as identified in the Quarry Creek Master Plan EIR. f. Open Space & Conservation — The project preserves, protects and enhances those areas of the site that provide unique and special open space functions, including, but not limited to, active and passive recreational uses, wildlife habitats and corridors, and desirable vegetation in that approximately 87.9 acres, or approximately 56% of the total Quarry Creek Master Plan area, is being set aside in open space. For purposes of habitat protection, the project is preserving sensitive habitat within open space conservation Planning Areas OS-1, OS-2, and OS-3 consistent with the Habitat Management Plan. The wildlife agencies PC RESO NO. 6938 -4- f­7 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 concur with the findings of the equivalency determination and that the project complies with the City's HMP. 9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 25 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically: a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 10. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 11. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 25. 12. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that all necessary supporting infrastructure is required as a condition of approval. Hillside Development (HDP 11-04) 13. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 14. That undevelopable areas of the project, i.e., slopes over 40% that have all of the following criteria 1) an elevation differential of greater than 15 feet, 2) a minimum area of 10,000 square feet, and 3) comprise a prominent land form feature, have been properly identified on the constraints map. 15. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are incorporated in the design; the project is designed to relate to the slope of the land; grading quantities are with an acceptable range; the alteration of the natural hillsides will be done in an environmentally sensitive manner to preserve wildlife habitats; and the project will implement NPDES measures to reduce runoff and avoid erosion. PC RESO NO. 6938 -5- 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 16. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that no grading will occur in areas with slopes over 40%, with the exception of areas that are exempt from the hillside regulations because they were previously graded, because grading is required for unusual conditions that require corrective work, or because the slopes have less than 15 feet in elevation difference and an area of less than 10,000 square feet. 17. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project earthwork quantities total 7,918 cubic yards per graded acre. Quantities that are less than 8,000 cubic yards per acre are considered acceptable pursuant to the Carlsbad Hillside Ordinance Sect. 21.95.120 and the grading quantities are balanced, slope heights will be kept to 40 feet or less except for corrective grading in Planning Area R-1, and all manufactured slopes will be landscaped in accordance with the City's Landscape Guidelines Manual. 18. That the project design and lot configuration minimizes disturbance of hillside lands, in that the major site slopes have been previously disturbed by a mining operation and mine reclamation. Some of the projects north slopes require further grading and will be landscaped in accordance with the City's Landscape Guidelines Manual and slopes adjacent to sensitive habitat areas are being preserved in open space. Special Use Permit: Floodplain Management Regulations (SUP 11-04) 19. The site is reasonably safe from flooding in that none of the site is subject to 100-year flood flows. Planning Area R-1 is protected by a levee and is not defined as a Special Flood Hazard Area and may be subject to minor flooding in the event of levee failure. 20. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the Buena Vista Creek channel has been designed to contain and carry the 100 year flow with adequate freeboard and will not result in impacts to adjacent or upstream properties. The proposed bridge abutments will not cause a significant increase (.2 feet) in water surface elevations and abutment scour is determined to be less than significant. 21. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the channel configuration as modified by the reclamation grading remains the same with no substantial rerouting of flows either within or tributary to the creek. The projects grading plans are designed to mimic the existing drainage patterns and drainage areas that currently drain to the various existing outfall locations. 22. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the design of the Buena Vista Creek channel accommodates the potential runoff from the project site and maintains the capacity to accommodate the 100-year flood event with adequate freeboard. PC RESO NO. 6938 -6- 19 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 23. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that the design of the channel has been enlarged as part of the reclamation grading to accommodate the 100-year flow and the project does not involve any alteration to the portion of Buena Vista Creek that traverses the project site. 24. All other required state and federal permits have been obtained or have been conditioned to be secured prior to development. General 25. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 26. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Vesting Tentative Tract Map, Special Use Permit, and Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Vesting Tentative Tract Map, Special Use Permit, and Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 6938 -7- 2 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in -lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Vesting Tentative Tract Map, Hillside Development Permit, and Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Vesting Tentative Map reflecting the conditions approved by the final decision -making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Official from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 25 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. Developer shall implement, or cause the implementation of, the Quarry Creek Master Plan EIR 11-02 Project Mitigation Monitoring and Reporting Program. 10. This approval is granted subject certification of the Quarry Creek Master Plan EIR and to the approval of the GPA 11-09, ZC 11-04, MP 10-01, LFMP 87-25, and HMP 11-07 and is subject to all conditions contained in Planning Commission Resolutions No. 6936, 6937 and 6939 for those other approvals incorporated herein by reference. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 25, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6938 -8- no 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 12. Prior to the issuance of the grading permit or recordation of the final map, whichever occurs first, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Hillside Development Permit, and Special Use Permit by Resolution No. 6938 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the PC RESO NO. 6938 -9- M 1 2 3 4 5 on 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit 16. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the City Planner. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 17. Prior to approval of the final map, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and 2) obtain any permits required by the USFWS. PC RESO NO. 6938 -10- �3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD 41 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 25, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 19. Developer shall submit a street name list consistent with the City's street name policy subject to the City Planner's approval prior to final map approval. 20. The applicant shall prepare and submit a trail plan for approval by the Park and Recreation Director prior to construction. Construction shall be inspected to ensure conformity with the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad ("Standards"); Trail Construction Standards; and the approved plans. 21. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape- File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 22. If satisfaction of the school facility requirement involves a Mello -Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass -through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass -through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 23. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause. 24. The relocation of City of Carlsbad Fire Station No. 3 from its current location (El Camino Real & Chestnut Avenue) to its new location in the East Village of Robertson Ranch shall be completed and operational prior to the occupancy of the first dwelling unit in the Quarry Creek Master Plan development. Should occupancy of the station be delayed, City shall consult with the applicant on alternative interim measures to ensure compliance with applicable fire safety thresholds. PC RESO NO.6938 -11- 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 25. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict a maximum of 15% of the total number of for -sale dwelling units and 5% of the total number of rental dwelling units within the Master Plan area, with a minimum of 65 units to be provided under any circumstance, as affordable to lower - income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 26. Developer shall dedicate, on the final map, an open space easement for those portions of lots 14 and 15 which are in slopes, wetlands, coastal sage scrub, or other constrained land plus all other lands set aside as part of the Citywide Open Space System to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, except as shown on Exhibits "A"- "FF". 27. Removal of native vegetation and development of Open Space Lot(s) 14 and 15, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, other than that approved as part of the grading plan, improvement plans, biological revegetation program, landscape plan, etc. except as shown on Exhibits "A"- "FF", is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the City Planner, based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation, the report required to accompany the request shall be prepared by a qualified biologist. Engineering: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit whichever occurs first. General 28. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 29. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. PC RESO NO. 6938 -12- I 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 30. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan, preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 31. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private HOA facilities within the subdivision including but not limited to the following as shown in the tentative map: a. Water quality basins in Lots 1, 2, 5, 7, 9 and 10; b. Treatment facilities to treat offsite runoffs on lots 1 and 3; c. Existing 48" HDPE pipe traversing Lots 1 and 2 and Private Driveway "C", conveying runoff from offsite watershed, north of the project; d. Existing 60" HDPE pipe traversing Lot 3 conveying offsite runoff from Quarry Creek Plaza shopping center, east of the project; e. Existing Levee located along the northerly side of Buena Vista Creek, within the City of Carlsbad and City of Oceanside; f. All storm drain pipe and outlet structures located within Buena Vista Creek and within the 100 foot wetland buffer and 50 foot planning buffer and HMP line as shown in the approved tentative map; g. Private Driveway "C", slopes and retaining walls; h. Median hardscape, landscape and irrigation along Streets "A" and "B" and traffic circles; and i. Non-HMP Open Space lots and community facilities. The costs of such maintenance shall be distributed in an equitable manner among the owners of the properties within the subdivision. 32. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. 33. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Landscape Manual and City Engineering Standards. The property owner shall maintain this condition. 34. Prior to approval of improvement plans, grading plans or final map, developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating that improvement requirements for mass -transit, including park and ride facility, have been satisfied. 35. Prior to the recordation of the first final map for the Project, Developer shall enter into a Development Improvement Agreement with Oceanside. The terms of the Development Improvement Agreement shall secure and ensure construction of the following improvements within the timeframes and requirements set forth below. PC RESO NO. 6938 -13- 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 Tol a. Install a new northbound lane on College Blvd approaching Lake Blvd as depicted on plans titled "Option 2" prepared by O'Day Consultants dated 1- 21-13. Developer shall reconstruct the median as well as the sidewalk on the east side of College Blvd in order to maintain a five foot sidewalk; and b. Install an exclusive northbound to eastbound right turn pocket at the intersection of College Blvd at Plaza Drive as depicted on plans titled "College Boulevard at Plaza Drive" prepared by Buccola Engineer, Inc.; and c. Install a Driver Feedback Sign to the satisfaction of the City of Oceanside Traffic Engineer in the eastbound direction at Lake Blvd. between Thunder Drive and Sundown. d. Developer shall be responsible for all costs associated with the construction of the improvements identified in this Section 1 without any reimbursement from Oceanside. e. All improvements shall be designed and permitted prior to recordation of the first final map. f. Construction of the Plaza Drive improvement shall begin prior to the issuance of a certificate of occupancy for the project. Construction of the Lake Boulevard improvement shall begin prior to the issuance of a certificate of occupancy for the project. Such improvements shall be required only if Oceanside uses reasonable efforts to assist Developer with relocation of utility facilities as may be needed or required to construct the improvements listed above, provided Oceanside shall not be required to incur any costs or expenses in connection with such relocation efforts. Such improvements shall be required only if Oceanside provides the public right-of-way, if required, for any of the improvements listed above. Prior to the recordation of the first final map for the Project, Developer shall pay to Oceanside the following fair share contribution fees: a. Fair share contribution in the amount of $84,000, for the planned widening of the El Camino Real Bridge over SR 78; b. Fair share contribution in the amount of $95,000 for planned improvements to intersection geometry at the intersection of College Blvd. and Waring Road; c. Fair share contribution in the amount of $261,000 for planned improvements to the intersection of College Blvd and Vista Way. The amount of the Fair Share contribution shall be increased automatically on the anniversary date of Project approval by the Consumer Price Index San Diego For All Consumers, San Diego (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics. The amount of the Fair Share contribution shall be proportionately adjusted lower if the number of units approved or constructed for the Project is lower than set forth in the Project Description of the FEIR. PC RESO NO. 6938 -14- 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 Fees/Agreements 37. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 38. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 39. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 40. Developer shall cause property owner to execute, and submit to the city engineer for recordation, a city standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: A. Clearly delineate the limits of the drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 41. Developer shall provide evidence of an adequate private operation and maintenance plan and an adequate private financing program for the perpetual maintenance of the existing levee, protecting planning area R-1, located within the City of Carlsbad and City of Oceanside, in conformance with FEMA requirements, to the satisfaction of the city engineer. 42. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD 42). Prior to approval of any grading, building permits or final snap for this project, developer shall cause owner to execute an Agreement to annex the subject property into SL&LD #2. The Agreement shall be in a form approved by the assistant city finance director. Developer shall pay all fees necessary to annex the property into SL&LD #2. 43. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Street Tree Maintenance Agreement. 44. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along Haymar Drive, west of Lot 11, should a future district be formed. 45. Developer shall cause Owner to execute covenant of private easements to the Master HOA for maintenance of all private storm drain systems, best management practices (BMP) facilities, and the levee, as shown on the vesting tentative parcel PC RESO NO. 6938 -1.5- 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 map. The obligation to execute and record the covenants of private easements shall be shown and recording information called out on the final map. Grading 46. Upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 47. The project requires grading beyond the City of Carlsbad boundary. Developer shall apply for and obtain a grading permit from the City of Oceanside for the grading shown within the City of Oceanside. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City of Oceanside Code requirements. 48. This project requires offsite grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading pen -nit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. 49. Developer is responsible to incorporate the necessary measures that are required to ensure all new structures located within flood hazard areas comply with Section 21.110.160 of the Carlsbad Municipal Code and the latest Federal Emergency Management Agency (FEMA) regulations: a. Developer shall submit for and receive approval of a Conditional Letter of (Flood) Map Revision (CLOMR) prior to issuance of a grading permit. Developer shall apply for and receive approval for a Letter of (Flood) Map Revision (LOMR) after grading is completed. 50. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 51. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. PC RESO NO. 6938 -16- �� 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 52. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 53. This project is subject to `Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 54. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 55. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). 56. Developer agrees that additional grading permit will be required with other development proposals within this subdivision. Dedications/Improvements 57. Developer shall cause owner to dedicate to the city Street "A" and Street "B" for public street and public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 58. Developer shall design the private driveway "C", as shown on the tentative map to the satisfaction of the city engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private streets. PC RESO NO. 6938 -17- 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 59. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and larger shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 60. Developer shall cause the property owner to dedicate to the city a minimum of 30- foot wide public drainage easement over Lot 8 for the proposed 54-inch and 24-inch storm drain pipes as shown the tentative map to the satisfaction of the city engineer. Additional width maybe required to provide access. 61. An approved means of all-weather access to all public easements shall be provided to the satisfaction of the city engineer. 62. The developer shall cause the property owner to dedicate to the city a minimum of 30-foot wide water and sewer easements located along the southerly portions of Lots 1 and 2, concurrent with the development of lots 1 and 2, and within Lot 14 from Simsbury Ct. to Street "A", as shown on the tentative map, to the satisfaction of the city engineer. 63. The developer shall cause the property owner to obtain an additional 15 foot wide offsite water easement, for the proposed 8" reclaimed water line, located adjacent to the existing 15 foot wide water easement, for existing 14" steel water line (document 85-219187) per DWG 244-3, traversing the open space lot, Lot H of CT 83-21. The said additional easement shall be dedicated to Carlsbad Municipal Water District to the satisfaction of the city engineer. 64. The developer shall cause the property owner to dedicate to the Carlsbad Municipal Water District a 30-foot wide water easement for the proposed 12" steel water line and 8" reclaimed water line located within Lot 14 as shown on the tentative map to the satisfaction of the city engineer. 65. The developer shall cause the property owner to dedicate to the Carlsbad Municipal Water District adequate water easements over the two proposed pressure reducing stations located within Lot 14, adjacent to Street "A". 66. The developer shall cause the property owner to dedicate to the city a 20-foot wide sewer easement over Lot 11 as shown on the tentative map to the satisfaction of the city engineer. 67. The developer shall cause the property owner to dedicate to the city 10-foot wide public trail easements for the proposed meandering trails outside of the proposed public right-of-way to the satisfaction of the city engineer. 68. The developer shall provide evidence that the portions of the city owned properties, Parcel 1 and Parcel 2 of the Relinquishment Map 15091, in excess of the required Haymar Drive right-of-way, have been acquired by the property owner of Quarry Creek Development, CT 11-04, via separate action. The final map for Quarry PC RESO NO. 6938 -18- 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 Creek (CT 11-04) shall merge the said portion of Parcel 1 with Lot 1 of CT 11-04 and the said portion of Parcel 2 with Lot 11 of CT 11-04. 69. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Construct Street "A" and Street "B" and improvements to existing Haymar Drive including but not limited to traffic circles, median improvements, curb and gutter, sidewalk, bike lanes, guard rails, street lights, trails, and public utility improvements as shown in the tentative map, per city standards to the satisfaction of the city engineer. b. Construct Street "B" bridge across Buena Vista Creek as shown on the tentative map to the satisfaction of the city engineer. c. Install potable water lines and appurtenances in Street "A", Street "B", Haymar Drive and Private Driveway "C", and at two locations in Lot 14, where the waterline connects offsite to the two points of connections located at Simsbury Court and Tamarack Avenue, as shown on the tentative map to the satisfaction of the city engineer. d. Provide security for the design and construction of potable water lines and gravity sewer lines in the proposed 30-foot wide utility easements located within the southerly portions of Lots 1 and 2. e. Extend the existing recycled water main along Tamarack Avenue from the intersection of Tamarack Avenue and Harwich Drive to the proposed water easement that traverses the open space Lot H of CT 83-21 as shown on the tentative map to the satisfaction of the city engineer. f. Install on -site recycled waterline in the proposed 30-foot waterline easement on Lot 14, in Street "A", in Street "B" and in Haymar Drive as shown on the tentative map to the satisfaction of the city engineer. g. Install sewer gravity main in the proposed 30-foot sewer and water easement in Lot 14, in Street "A", in Street "B", in the proposed 30-foot wide utility easement within Lot 5, and in the 20-foot sewer easement along the southerly boundary of lot 11 to connect to the existing sewer manhole no. 32 per the City of Vista DWG 1981, sheet 10 as shown on the tentative map to the satisfaction of the city engineer. h. Provide sewer stub outs for future city sewer connection at Simsbury Court and future City of Oceanside sewer connection at Marron Road. PC RESO NO.6938 -19- 17 3 11 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. Provide utility stub -outs for future development of all Planning Areas. j. Install public storm drain system in Street "A" and Street "B", in the proposed 30-foot wide storm drain easement within Lot 8 as shown in the Tentative Map to the satisfaction of the city engineer. k. Underground all existing overhead utility lines in Haymar Drive, east of Lot 11 to the satisfaction of city engineer. 1. Construct offsite trailhead improvements with 8 parking spaces at the westerly terminus of existing Marron Road as shown on the tentative map to the satisfaction of the city engineer and the city planner. m. Provide lane striping for Haymar Drive from College Boulevard to "B" Street to the satisfaction of the city engineers of Oceanside and Carlsbad. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 70. Prior to issuance of building permits, developer shall underground all existing overhead utilities in Haymar Drive east of Lot 11. 71. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip -rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low -maintenance design features to the satisfaction of the city engineer. Non -Mapping Notes 72. Add the following notes to the final map as non -mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Tentative Map. These improvements include, but are not limited to: a. Construct Street "A" and Street "B" and improvements to existing Haymar Drive including but not limited to traffic circles, median improvements, curb and gutter, sidewalk, bike lanes, guard rails, street lights, trails, and public utility improvements as shown in the tentative map, per city standards to the satisfaction of the city engineer. b. Construct Street "B" bridge across Buena Vista Creek as shown on the tentative map to the satisfaction of the city engineer. PC RESO NO. 6938 -20- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Install potable water lines and appurtenances in Street "A", Street "B", Haymar Drive and Private Driveway "C", and at two locations in Lot 14, where the waterline connects offsite to the two points of connections located at Simsbury Ct. and Tamarack Avenue, as shown on the tentative map to the satisfaction of the city engineer. d. Provide security for the design and construction of potable water lines and gravity sewer lines in the proposed 30-foot wide utility easements located within the southerly portions of Lots 1 and 2. e. Extend the existing recycled water main along Tamarack Avenue from the intersection of Tamarack Avenue and Harwich Drive to the proposed water easement that traverses the open space Lot H of CT 83-21 as shown on the tentative map to the satisfaction of the city engineer. f. Install on -site recycled waterline in the proposed 30-foot waterline easement on Lot 14, in Street "A", in Street "B" and in Haymar Drive as shown on the tentative map to the satisfaction of the city engineer. g. Install sewer gravity main in the proposed 30-foot sewer and water easement in Lot 14, in Street "A", in Street "B", in the proposed 30-foot wide utility easement within Lot 5, and in the 20-foot sewer easement along the southerly boundary of lot 11 to connect to the existing sewer manhole no. 32 per the City of Vista DWG 1981, sheet 10 as shown on the tentative map to the satisfaction of the city engineer. h. Provide sewer stub outs for future city sewer connection at Simsbury Court and future City of Oceanside sewer connection at Marron Road. i. Provide utility stub -outs for future development of all Planning Areas. j. Install public storm drain system in Street "A" and Street "B", in the proposed 30-foot wide storm drain easement within Lot 8 as shown in the Tentative Map to the satisfaction of the city engineer. k. Underground all existing overhead utility lines in Haymar Drive, east of Lot 11 to the satisfaction of city engineer. 1. Construct offsite trailhead improvements with 8 parking spaces at the westerly terminus of existing Marron Road as shown on the tentative map to the satisfaction of the city engineer and the city planner. m. Provide lane striping for Haymar Drive from College Boulevard to "B" Street to the satisfaction of the city engineers of Oceanside and Carlsbad. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. PC RESO NO. 6938 -21- 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 C. Geotechnical Caution: a. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line -of -sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 73. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 74. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 75. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 76. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 77. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 78. The developer shall install sewer laterals and clean -outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. PC RESO NO. 6938 -22- 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 79. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 80. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. 81. The developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 82. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 83. The developer shall submit a detailed recycled water study, prepared by a registered engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 84. The developer shall submit detailed design drawings and studies prepared by a registered engineer for the construction of two proposed pressure reducing stations, located within Lot 14, adjacent to Street "A", required to serve the project. Said drawings and studies shall be prepared to the satisfaction of the district engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 85. This tentative map shall expire two years from the date on which the City Council voted to approve the associated applications. 86. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the city to successfully acquire said property by condemnation. PC RESO NO. 6938 -23- I 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 87. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) contained in the staff report and shown on the Vesting Tentative Map are for planning purposes only. 88. This project is a Vesting Tentative Map per Carlsbad Municipal Code Section 20.17. 89. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6938 -24- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 6, 2013, by the following vote, to wit: AYES: Chairperson Siekmann, Commissioners Black, L'Heureux, Montgomery, Schumacher, Scully and Segall NOES: ABSENT; ABSTAIN: `J U/11J1� KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: — 14 DON NEU City Planner PC RESO NO. 6938 -25- kc: 53001 4ESURDED RE EV' R STATE DIV. OF HWY$ Pas--d by C.H.C. "Ilrsr 2 mm Z9 1 59 PH 'Go SCRIE3 3 Boom 1968 OFFICIAL RECORDS SAN A. DIGRAY OENTYVAVF. NO FEE RELINQTJISF—"XI,T OF %IG13`-"AY RIGHT OF 'KAY IN THE CITY OZ CA-'LLSB&D, ROAD 11-SD-78-2.4-4.6 RZ:QUEST N-0. 15091 WMEERBAS, by freeway agreement dated Tune 10, 1963, betwoon the City of Carlsbad and the State of California, and by City Council Resolution No. 1284, dated July 5, 1966, the City agreed to accept title to a frontage road and a reconstructed city street, upon ral—inquishment thoreof to said City by the State of California; and the St"tz of California has --cr, aired right of -«ay for and has constructed the above mentioned collateral facilities in the City Of Carlsbad bQtWcen Collage Boulevard and 0.75 mile west Of C=1105c Boul�2vard, road 11-SD-78, in accordance with said rqrct:-,mcnt and resolution, and is Ri;1S, this Co-unicsion has Zound and det-crminod, and eo z h0=Q%'Y Rind and dct;Qrm:Lno' L-haL- it is and ;Lm tatc interest that said collateral facilities he relinquisr d to the City of Carlsbad for use as city streets; --C- -1, TrBRErORZ, IT IS VOTEED by the California that It relinquish, and it does hereby ralinquiah, to th* City of Carlsbad, ef"ective upon the rocord:ttio7 of a certified :41 CA; 0 copy hereof with the i:tncoraar of San Diego County, all of the State of Califo;:nia's right, title and interest in =d to said collateral iacilitica in said City, together with the right of way and npplartonancos thereof, describ,::d as follows: All those portions of State highway right of -.-oay, frontage roads and reconstructad city streets, designated an Parcels I =d 2 on thozo certain relinquishment maps filed for record as State Highway M-;.-= No. 66, sheets I through 4 incl,4slva, on Yove.abor 24, 1967 (File ':o. 195247) in the office of the Recorder of San Diego County. EXCBF',:X.NG z.nd RESERVING unto tine State of California any and all ris',hts of ingress to or egress from the higIrwany beraby rclimquis',�ed, in and to the adjoining freevmy, --mco-pit at such points as now are or may be established by revolution of this Co-r-t1i5sion - THIS IS TO CERTIFY That the foregoing is a full and correct cony of the original resolution duty passed by the California Highway Commission at its meeting re ,c lularly called and held ZIST on the_ ....day VARC I ------- _._' 196a _ lr�.Ihe City ol_... S4 C PA MEN TO 2 G TH Dated -day of...-........._......._.... ASSISTANT 3CCR"ARY Of IME CAUFORMA HIGHWAY COMM13310M QQ '�ILEOt l1147 faE�ro£.iv�� . r»Mi0 RE.ilsla Nt14 Z� 03 i:UUK 19Gi OF F1C,AL II SA" OIEGO COUNTY. C 1,LIF. FILE/PAGE NO. A. S. GRAY. NECOROER llwavo F=c_ FILE/PAGE NO. DATE NOV 94 1967 A. S. GRAY, COUNTY RECORDER SAN DIEGO OUN7Y, CALIFORNIA ey Dopaty inclrasi.� x .o ■ jr VZ 3.L/.9r.L/ L13 Q i Y y d � qpN ryry C� of zf e, er,M;eN v6: kFSZf' � Zlvrd � B✓,fQ,fldN 1 \cli p uj Ix a Q Ll r�