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HomeMy WebLinkAboutCT 95-05; Emerald Ridge East; Tentative Map (CT) (6)AGRICULTURAL MITIGATION FEE AGREEMENT (EMERALD RIDGE EAST, CT 95-05) This Agricultural Mitigation Fee Agreement ("Agreement"), dated 7 , 1997, is entered into by and between the City of Carlsbad, a municipal corporation ("City") and Monarch Communities of California, a California corporation ("Developer") and is made with reference to the following: RECITALS A. Developer is the owner of certain real property which is located .east of Hidden Valley Road, south of Palomar Airport Road, within Local Facilities anagement Plan Zone 20, in the City of Carlsbad, County of San Diego, State of California which is the subject of a Tentative Map (CT 95-05, "Emerald Ridge East"), Site Development Plan (SDP 95-11), Hillside Development Permit (HDP 95-12), a Local Coastal Plan Amendment (LCPA 94-04) which provides conditional approval of the construction of 60 single family dwelling units (collectively "Project"). B. Tentative Map Condition 36 (CT 95-05) of Planning Commission Resolution No. 3936 states that the Project must offset the conversion of non-prime agricultural land to urban land uses by providing payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net acre of non-prime agricultural land ("Mitigation Fee"). The amount of the Mitigation Fee shall be determined by the City Council of the City prior to approval of the final map for the Project. Developer has deposited with the Coastal Conservancy, pursuant to applicable state legislation, $5,000 per net acre of non-prime agricultural land which shall be credited to the Mitigation Fee. C. A study to determine the amount of the Mitigation Fee is currently underway and the parties expect that the study will be completed and accepted by the City in the early part of 1997. Prior to the completion of the study, Developer intends to obtain City's permission to commence grading of the Project and to record the Project's final map. D. The purpose of this Agreement is to provide for the payment of the Mitigation Fee upon completion of the study and to satisfy said Condition 36. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: OC\970280014 1. Satisfaction of Condition 36 (CT 95-05). Performance under this Agreement satisfies Developer's obligation for payment of the Mitigation Fee as applied to the land covered by Carlsbad Tract No. 95-05, Emerald Ridge East, and all other related permits or applicable approvals. 2. Developer's Payment of $98.100 to the Coastal Conservancy. Concurrent with the signing of this Agreement, Developer has provided evidence to the City of Developer's deposit with the Coastal Conservancy of $98,100 ("Coastal Conservancy Payment"), which is $5,000 per net acre of non- prime agricultural land which is being converted to urban land uses in connection with the development of the Project. City recognizes and accepts that the deposit with the Coastal Conservancy shall be credited to the total Mitigation Fee for the Project. 3. Deposit of Mitigation Fee in Escrow Account. Prior to the issuance of any final map for the Project, Developer shall deposit with First American Title Company ("Escrow Holder") the total of $98,100 ("Escrow Deposit"), which is $5,000 per net acre of non-prime agricultural land which is being converted to urban land uses in connection with the development of the Project. The Escrow Deposit shall earn interest, at Escrow Holders common rate for funds it holds, which shall be paid to Developer as earned. The parties shall sign any documents Escrow Holder deems reasonably necessary to effectuate the terms of this Agreement. The costs of Escrow Holder shall be paid by Developer. 4. City Withdraw of Escrow Deposit. Upon completion and acceptance by the City Council of-the City of the study described in Recital C above, City may withdraw funds from the Escrow Deposit in an amount equal to the established Mitigation Fee less the Coastal Conservancy Payment. Notwithstanding any provisions of this Agreement to the contrary, City shall have no claim or right to any additional payment from Developer which exceeds the Escrow Deposit, even if the study concludes that the Mitigation Fee should be greater than $10,000 per acre of converted non-prime agricultural land. 5. Developer's Right to Receive Escrow Deposit. Escrow Holder shall release to Developer any or all of the Escrow Deposit remaining after payment of the Mitigation Fee described in paragraph 4 above or on December 31, 1997, whichever occurs first. 6. Remedies. Failure by Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Condition 36 of Planning Commission Resolution No. 3936. Such failure will allow the City to -2- exercise any and all remedies available to it, including but not limited to withholding the issuance of residential building permits for the Project. 7. Hold Harmless. Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk or loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to Developer's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees and any of them with respect thereto. Developer shall obtain, at its expense, comprehensive general liability insurance for development of the Project naming Indemnitees as additional insureds with aggregate limits of not less than Five Million Dollars ($5,000,000) purchased by Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best's Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk concurrent with the signing of this Agreement. 8. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: TO THE CITY: City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Attention: Planning Director TO THE DEVELOPER: Monarch Communities of California 30012 Ivy Glenn Drive, Suited® /TO Laguna Niguel, California 92677 Attention: Gary Engle Any party may change the address to which notices are to be sent by notifying the other party of the new address in the manner set forth above. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. -3- 10. Duration of Agreement. This Agreement shall terminate and become null and void upon the completion and acceptance of the study described in Recital C or December 31, 1997, whichever occurs first. 11. Successors. This Agreement shall benefit and bind Developer and any successive owners of the Project. However, the parties expressly recognize and intend that the obligations and rights created in this Agreement shall not be transferred, assumed or assigned to retail purchasers of individual residential lots within the Project. 12. Severability. In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be and remain in full force and effect. 13. Attorneys' Fees and Costs. A prevailing party in any action, including but not limited to arbitration or litigation, to enforce the provisions of this Agreement shall be entitled to recover its reasonable attorneys' fees and costs arising in connection with the action. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY MONARCH COMMUNITIES CITY OF CARLSBAD, OF CALIFORNIA, a municipal corporation a Californiafdkporation By: !J^^ \ By: .^ R. Gordon Craigr""*" Marty Vice President and Community Development Director Managing Director By: Robin Craig, Assistant Secretar -4- STATE OF CALIFORNIA) COUNTY OF ) ss: personally appeared 1997, before me, ntary publicjn and for said county and state, .peraonally known to me (or proved to me on the basis of satisfactory evident) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by •hio/hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: 3//7/06 STATE OF CALIFORNIA) Notary Pyolic ELIZABETH BLANCOCOMM. #1091222 > COUNTY OF ) ss: On personally appeared — , 1997, before me, a notary public in and for said county and state, VXH£- • —r- personally known to me me on the basis of oatiofactory ovidonco) to be the person(£$ whose r e subscribed to the within instrument and acknowledged to me that executed the same ir(jT^I}er/t£ejr authorized capacity(je€), and that by ^jet/their signature^ on the instrument the person^, or the entity upon behalf of ~which the person(js().acted, executed the instrument. WITNESS my hand and officjalseal. My commission expires: ft-is-JOVO Notary Public NONNA&IKNIOOConrnMonf IMSttl Notary M*3-O«tart« tan Dtogo Canty MyComm.ExplrMNw6,2000 -5- First American Title Insurance Company 411 IVY STREET » SAN DIEGO, CALIFORNIA 92101 » (619)238-1776 1 2 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF 3 AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. 5 COVER ESCROW INSTRUCTIONS 6 7 Escrow No: 97-3253JF Date: April 25, 1997 8 Re: Emerald Ridge East Escrow Officer: 9 Mitigation Fees/Holding Escrow, CA JANINE FREI/JF 10 11 TO: FIRST AMERICAN TITLE INSURANCE COMPANY 12 13 14 A. Escrow Holder is instructed to complete the above referenced escrow pursuant to instructions in that certain 15 AGRICULTURAL MITIGATION FEE AGREEMENT dated /TkV ^i/^f7, ("Agreement"), between the "CITY" and 16 "DEVELOPER", a copy of which has been handed to Escrow Holder for use herein with the following additions and/or 17 clarifications. Escrow Holder shall only be concerned with those items which are to be complied with through escrow, the 18 remainder of said Agreement being between the parties with which Escrow Holder shall not be concerned and/or liable. 19 General Provisions of First American Title Insurance Company, are hereby incorporated in said Agreement. To the extent 20 that the Agreement contains any provision inconsistent with or contrary to the provisions of the General Provisions attached 21 hereto, such Agreement shall remain the Agreement of the parties thereto but First American Title Insurance shall be guided 22 by the terms of their General Provisions. 23 24 B. Escrow Holder is instructed to place the $98,100.00 deposit, and any additional deposits, into a liquid money market 25 account with Union Bank of California during the course of this escrow with interest accruing thereto to be credited to the 26 DEVELOPER herein (Tax ID No. 33-0505054). The undersigned acknowledges that the designation of the depository is 27 contrary to the General Provisions of the Escrow Instructions and that Escrow Holder has no liability for loss of funds, if 28 any, caused by the deposit being so placed, nor shall First American Title Insurance Company and/or Escrow Holder be 29 held liable for any business failure of the depository. The undersigned also acknowledges that the placement of the funds is 30 being directly based upon independent advice and not from any recommendation of First American Title Insurance Company 31 or its employees. The undersigned further acknowledges that any loss caused by the deposit being placed is the 32 DEVELOPER'S responsibility and if additional funds are required to complete this escrow by reason of loss of funds, the 33 DEVELOPER assumes all responsibility therefore. The undersigned hereto agrees to hold First American Title Insurance 34 Company and Escrow Holder harmless from any costs, expenses, attorney fees and other loss which may arise by reason of 35 this instruction. The $50.00 fee incurred for the processing hereof shall be charged to the DEVELOPER. 36 37 The undersigned hereto acknowledges that Escrow Holder cannot authorize the close of escrow until the invested funds have 38 been withdrawn and deposited into the Escrow Trust Account. It is agreed that the Parties will notify Escrow Holder at 39 least three (3) working days prior to their intended close of escrow to allow sufficient time for the withdrawal and the 40 re-deposit of the funds. The Buyer hereby agrees to hold First American Title Insurance Company and Escrow Holder 41 harmless from the loss of interest or delay in the close of escrow, if any, caused in meeting these requirements. 42 43 C. The undersigned parties will mutually notify escrow holder in writing with respect to any disbursements to be delivered 44 pursuant to the Agreement. 45 46 D. Escrow holder is instructed to charge the account of Developer for all costs incurred in this escrow. 47 48 E. All references in the Agreement to Seller and/or Buyer shall be deemed to mean "City" and/or "Developer", 49 respectively.50 ESCROW HOLDER GENERAL PROVISIONS 51 52 ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Initials: Initials: Page 1 First American Title Insurance Co. Date : April 25,1997 Escrow No. : 97-3253JF 1 DEPOSIT OF FUNDS AND DISBURSEMENTS . 2 Escrow Holder shall deposit all funds received in this escrow in any financial institution insured by a federal agency of the United States Government, 3 including financial institutions affiliated with Escrow Holder's company, in one or more general escrow demand accounts. Unless Escrow Holder is 4 handed a W-9 form and specific investment instructions from the Buyer and Seller, all funds delivered to Escrow Holder pursuant to these instructions 5 will be deposited in a non-interest bearing fiduciary account. All disbursements shall be made by Escrow Holder's check unless otherwise instructed in 6 writing. Escrow Holder is authorized not to close escrow or disburse until collected funds have been confirmed in escrow. 7 8 GOOD FUNDS LAW 9 The parties understand that ALL funds to close escrow and/or to be released early must be deposited into escrow prior to the date of closing/early release 10 to allow sufficient time for clearance of the funds prior to disbursement. In the event such funds are not in the form of a cashier's, certified or teller 11 check drawn on a financial institution, sufficient time must be allowed for clearance to comply with any "good funds" law which is in effect. (For 12 escrows conducted in California, the good funds law is Section 12413.1 of the California Insurance Code.) Funds may be wired directly into Escrow 13 Holder's depository bank account to avoid waiting for clearance. 14 15 PRORATIONS AND ADJUSTMENTS 16 The expression "close of escrow" used in this escrow means the date on which documents referred to herein are recorded and relates only to prorations 17 and/or adjustments unless otherwise specified. 18 AH prorations and/or adjustments are to be made on the basis of a 30-day month unless otherwise instructed in writing. 19 20 RECORDATION OF DOCUMENTS 21 Escrow Holder is authorized to record any documents delivered through this escrow, the recording of which is necessary or proper in the issuance of the 22 requested policy of title insurance. 23 ' " 24 AUTHORIZATION TO FURNISH COPIES 25 Escrow Holder is to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to 26 the lender(s), the real estate broker(s), the attorney(s) and/or the accountant(s) involved in this transaction upon request of the lenders, brokers, attorneys 27 or accountants. 28 29 PERSONAL PROPERTY TAXES 30 No examination, UCC Search or insurance as to personal property and/or the amount or payment of personal property taxes is required unless otherwise 31 instructed in writing. 32 33 RIGHT OF CANCELLATION 34 Any party instructing Escrow Holder to cancel this escrow shall file notice of cancellation in Escrow Holder's office, in writing. Within a reasonable 35 time, Escrow Holder shall mail, by certified and regular mail, one copy of the notice to each of the other parties at the addresses stated in this escrow. 36 Unless a written objection to cancellation is filed in Escrow Holder's office by a party within ten (10) days after date of mailing, Escrow Holder is 37 authorized at its option to comply with the notice and demand payment of Escrow Holder's cancellation charges as provided in this agreement. If a 38 written objection is filed, Escrow Holder is authorized at Escrow Holder's option to hold all the money and documents contained in this escrow and take 39 no further action until otherwise directed, either by the parties' mutual written instructions, or final order of a court of competent jurisdiction. 40 41 ACTION IN INTERPLEADER 42 The parties hereto expressly agree that Escrow Holder has the absolute right at Escrow Holder's election to file an action in interpleader requiring the 43 parties to answer and litigate their several claims and rights between themselves and Escrow Holder is authorized to deposit all documents and funds held 44 in this escrow with the clerk of the court. In the event such an action is filed, the parties jointly and severally agree to pay Escrow Holder's cancellation 45 charges and costs, expenses and reasonable attorneys' fees which Escrow Holder is required to expend or incur in the interpleader action, the amount 46 thereof to be fixed and judgement therefor to be rendered by the court. Upon the filing of the action, Escrow Holder shall thereupon be fully released 47 and discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of this escrow. 48 49 TERMINATION OF AGENCY OBLIGATIONS 50 If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension 51 thereof, Escrow Holder's agency obligation shall terminate at Escrow Holder's option and all documents, monies or other items held by Escrow Holder 52 shall be returned to the parties depositing the same. 53 In the event of termination of this escrow, whether at the request of any of the parties or otherwise, all fees and charges due in connection with this 54 escrow including expenditures incurred and/or authorized shall be paid by the parties hereto. 55 56 CONFLICTING INSTRUCTIONS 57 Should Escrow Holder before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the 58 rights of any of me parties hereto, or any money or property deposited herein or affected hereby, Escrow Holder shall have the right to discontinue any 59 or all further acts on Escrow Holder's part until the conflict is resolved to Escrow Holder's satisfaction, and Escrow Holder shall have the further right to 60 commence or defend any action or proceedings for the determination of the conflict as provided in the "Right of Cancellation" and "Action in 61 Interpleader" paragraphs of these General Provisions. 62 63 ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Initials: Initials: Page 2 First American Title Insurance Co. Date : April 25,1997 Escrow No. : 97-3253JF 1 USURY: 2 Escrow Holder is not to be concerned with any question of usury in any loans or encumbrances involved in the processing of this escrow and Escrow 3 Holder is hereby released of any responsibility or liability therefor. 4 5 INDEMNITY FOR ATTORNEYS FEES AND COSTS 6 In the event suit is brought by any party to this escrow, including the Escrow Holder or any other party, against each other, or others, including the 7 Escrow Holder, claiming any right they may have against each other or against the title company, then in that event, with the exception of gross 8 negligence by the title company, the parties hereto agree to indemnify and hold the title company harmless against any attorney's fees and costs incurred 9 by it. 10 11 AMENDMENTS TO ESCROW INSTRUCTIONS: 12 Any amendment or supplement to these escrow instructions must be in writing. These escrow instructions and any written amendments, supplements or 13 exhibits attached hereto constitute the entire escrow agreement between the Escrow Holder and the parties hereto with respect to the subject matter hereof 14 and supersedes all prior understandings, with respect thereto. 15 16 PROPERTY TAXES SUBSEQUENT TO CLOSE OF ESCROW 17 Buyer and Seller herein acknowledge that there may be supplemental and/or additional taxes which may be assessed by reason of a change in ownership 18 or completion of construction. This will be reflected in the policy of title insurance issued at the close of escrow. Escrow Holder shall not be concerned 19 with any adjustment(s) of supplemental taxes between the parties for bills received by the parties after the close of escrow. In the event Seller has 20 received Supplemental Tax Bill(s) prior to close of escrow, Seller will provide them to Escrow Holder with an explanation of time periods covered by the 21 tax bill(s) for proration purposes. (In California the applicable provisions are found in California Revenue and Taxation Code Sections 75 and following.) 22 In the event Buyer or Seller have applied, or apply for a reduced assessment, and a refund of taxes is received by Escrow Holder as Agent, Escrow 23 Holder is to retain the funds in one or more of Escrow Holder's general escrow demand accounts until Escrow Holder has received mutual written 24 instructions from the parties directing Escrow Holder as to the proper disposition of the tax refund. 25 26 CHANGE OF OWNERSHIP FORMS 27 Buyer will furnish Escrow Holder with a completed Preliminary Change of Ownership Report which Escrow Holder is instructed to submit at time of 28 recordation pursuant to Section 480.3 of the California Revenue and Taxation Code. In the event this escrow is otherwise ready to close and Buyer has 29 not provided the above report, Escrow Holder is instructed to close this escrow and collect from Buyer for the County Recorder any additional fee 30 required for recordation when a Preliminary Change of Ownership Report does not accompany the documents being recorded. Buyer is aware that if the 31 above report is not submitted at time of recordation as required, a Change of Ownership Statement must be filed by the Buyer with the County Assessor 32 not later than 45 days after recordation and failure to do so will result in additional penalties. Buyer acknowledges that Escrow Holder shall have no 33 responsibility and/or liability for the County Recorder's acceptance or rejection of the Preliminary Change of Ownership Report. For escrows involving 34 property in States other than California parties will provide Escrow Holder with applicable documents as may be required by the county recorder or 35 taxing authority to close this transaction. 36 37 INSURANCE POLICIES OTHER THAN TITLE INSURANCE 38 When dealing with real property and/or improvements located thereon it is advisable to obtain fire, hazard or liability insurance coverage. In all acts in 39 this escrow relating to insurance, including adjustments, if any, Escrow Holder may assume that each policy is in force and that the necessary premium 40 has been paid. Escrow Holder shall not be responsible for obtaining fire, hazard or liability insurance, unless Escrow Holder has received written 41 instruction prior to close of escrow from the parties or their respective lenders. 42 43 FACSIMILE INSTRUCTIONS 44 In the event the parties utilize "facsimile" transmitted signed documents, Buyer and Seller hereby agree to accept and instruct the Escrow Holder to rely 45 upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to Escrow Holder, within 72 hours 46 of transmission, such documents bearing die original signatures. Buyer and Seller further acknowledge and agree that documents necessary for recording 47 with other than original signatures (i.e., facsimiles) will not be accepted for recording by the County Recorder thereby delaying the close of escrow. 48 49 EXECUTE IN COUNTERPART 50 These escrow instructions and any subsequent amendments may be executed in one or more counterparts, each of which independently shall have the 51 same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 52 IF THE TRANSACTION WHICH IS THE SUBJECT OF THIS ESCROW IS A SALE, THE PARTIES TO THIS TRANSACTION MAY HAVE 53 CERTAIN TAX REPORTING AND WITHHOLDING OBLIGATIONS PURSUANT TO STATE LAW OR FEDERAL LAW REFERRED TO 54 BELOW. 55 56 REPORTING TO THE INTERNAL REVENUE SERVICE 57 The Tax Reform Act of 1986 provides that Escrow Holder must report certain information regarding all real estate transactions to the Internal Revenue 58 Service. This information includes, among other things, the Seller's social security number and/or tax identification number and forwarding address, and 59 the gross sales price of the transaction. This is not a requirement generated by Escrow Holder, but rather a means of complying with the new tax law. 60 This information must be provided to Escrow Holder upon the opening of escrow and neither can escrow be closed, nor can a deed or any other 61 documents be recorded until the information is provided and the Seller certifies the accuracy of the information in writing. By execution of these escrow 62 instructions, the parties acknowledge receipt of this notice. 63 64 TAX REPORTING AND WITHHOLDING OBLIGATIONS OF THE PARTIES ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Initials: Initials: ___ s Page 3 First American Title Insurance Co. Date : April 25,1997 Escrow No. : 97-3253JF 1 CALIFORNIA LAW: In accordance with Section 18662 and 18668 of the California Revenue and Taxation Code, a Buyer may be required to withhold 2 an amount equal to three and one-third (3-1/3) percent of the sales price, in the case of a disposition of California real property interest by either: (1) A 3 Seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds to be sent 4 to a financial intermediary of the Seller; OR (2) A corporate Seller which has no permanent place of business in California. For failure to withhold, the 5 Buyer may become subject to a penalty in an amount equal to die greater of 10 percent of the amount required to be withheld or five hundred dollars 6 ($500.00). However, notwithstanding any other provision included in the California statutes referenced herein, no Buyer will be required to withhold any 7 amount or be subject to penalty for failure to withhold if: (a) The sales price of the California real property conveyed does not exceed one hundred 8 thousand dollars ($100,000.00); OR (b) The Seller executes a written certificate, under the penalty of perjury, certifying that the Seller is a resident of 9 California, or if a corporation, has a permanent place of business in California; OR (c) The Seller, who is an individual, executes a written certificate, 10 under the penalty of perjury, that the California real property being conveyed is the Seller's principal residence (as defined in Section 1034 of the Internal 11 Revenue Code). The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. 12 The California statutes referenced herein include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from 13 withholding on a case-by-case basis. 14 The Seller may request a reduction in withholding or waiver and the Buyer and Seller may obtain additional information by contacting the Franchise Tax 15 Board, Withhold at Source Unit, P.O. Box 651, Sacramento, CA. 95812-0651 (916-845-4900). 16 17 LAW OF STATES OTHER THAN CALIFORNIA 18 If the parties are required to withhold by the law of a state other than California, the parties understand that the withholding obligation is the exclusive 19 obligation of the parties to this transaction and that Escrow Holder is not obligated to withhold or notify the parties of any withholding obligation they 20 may have. 21 22 FEDERAL LAW 23 Internal Revenue Code Section 1445 places special requirements for tax reporting and withholding on the parties to a real estate transaction where the 24 Seller (Transferor) is a non-resident alien, a non-domestic corporation or partnership, a domestic corporation or partnership controlled by non-residents or 25 non-resident corporations or partnerships. 26 With respect to both the State Law and Federal Law referred to above, the parties to this transaction should seek an attorney's, accountant's, or other tax 27 specialist's opinion concerning the effect of these laws on this transaction. The parties to this transaction should NOT act on or rely on any statements 28 made or omitted by the Escrow Officer, Title Officer, or other Closing Officer with respect to tax reporting or withholding requirements. By execution of 29 these escrow instructions, the parties acknowledge receipt of this notice. 30 31 DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS 32 Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing and including taxpayer identification numbers in tax returns on 33 the parties to a residential real estate transaction involving seller-provided financing. The parties understand that the disclosure reporting requirements are 34 exclusive obligations between the parties to this transaction and that Escrow Holder is not obligated to transmit the taxpayer identification numbers to the 35 Internal Revenue Service or to the parties. Escrow Holder is not rendering an opinion concerning the effect of this law on this transaction, and the parties 36 are not acting on any statements made or omitted by the Escrow or Closing Officer. By execution of these escrow instructions, the parties acknowledge 37 receipt of diis notice. 38 To facilitate compliance with this law, the parties to this escrow hereby authorize Escrow Holder to release any party's taxpayer identification numbers to 39 any requesting party who is a party to this transaction. The requesting party shall deliver a written request to escrow. The parties hereto waive all rights 40 of confidentiality regarding their respective taxpayer identification numbers and agree to hold Escrow Holder harmless against any fees, costs, or 41 judgements incurred and/or awarded in connection with the release of taxpayer identification numbers. 42 43 TIME IS OF THE ESSENCE OF THESE INSTRUCTIONS 44 If this escrow is not in condition to close by the closing date referred to in the body of diese instructions, and demand for cancellation is received by you 45 from any party to this escrow after said date, you will act in accordance with the cancellation instructions contained in these general provisions. If no 46 demand for cancellation is made, you will proceed to close mis escrow when the principals have complied with the escrow instructions. 47 48 FUNDS HELD FEE AGREEMENT: IF FUNDS REMAIN IN ESCROW ON THE DATE WHICH IS NINETY (90) 49 DAYS AFTER THE CLOSE OF ESCROW (OR IN THE EVENT ESCROW HAS NOT CLOSED, NINETY (90) 50 DAYS AFTER THE ESTIMATED CLOSING DATE SET FORTH IN THESE INSTRUCTIONS), THEN A 51 MONTHLY FUNDS HELD FEE OF $25.00 SHALL ACCRUE FOR EACH MONTH OR FRACTION OF A 52 MONTH THEREAFTER THAT THE FUNDS, OR ANY PORTION THEREOF, REMAIN IN ESCROW. 53 ESCROW IS AUTHORIZED TO DEDUCT THE MONTHLY FUNDS HELD FEE DIRECTLY FROM THE FUNDS 54 HELD ON A MONTHLY, OR OTHER PERIODIC BASIS (IE: QUARTERLY, SEMI-ANNUALLY, ETC.). BY 55 INITIALLING BELOW, THE PARTIES ACKNOWLEDGE AND AGREE TO PAY THESE SUMS TO 56 COMPENSATE YOU FOR YOUR ADMINISTRATION, MONITORING, ACCOUNTING, REMINDERS AND 57 OTHER NOTIFICATIONS AND PROCESSING OF THE FUNDS SO HELD IN ACCORDANCE WITH THIS 58 FUNDS HELD AGREEMENT. 59 60 INITIALS: INITIALS: 61 62 WE, JOINTLY AND SEVERALLY, ACKNOWLEDGE RECED7T OF A COMPLETE COPY OF THE WITHIN 63 ESCROW INSTRUCTIONS AND "AGREEMENT" AND BY OUR SIGNATURES SET FORTH BELOW, 64 ACKNOWLEDGE THAT WE HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Initials: Initials: -. Page 4 -'•'*' First American Title Insurance Co. Date : April 25,1997 Escrow No. : 97-3253JF I AND CONDITIONS CONTAINED THEREIN, IN THEIR ENTIRETY. 3 4 CITY): DEVELOPER: 5 6 7 CITY OF CARLSBAD, a municipal MONARCH COMMUNITIES OF CALIFORNIA, a 8 corporation srf—\ California corporation 9 10 By: / fMlN^2?^^^r' By: 1 -i It-fi • ft y -^^""V 'I "N „ _.. Ttp • 12 '' ' (Lcr^V^ Ul-f-^" •' • 13 By: By:_ 14 ., Its: ., Its: 15 16 -- END OF INSTRUCTIONS-- 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Page5 Uiduiig Design Group, Inc. January 15, 1997 Mr. Gary Engle Monarch Communities of CA 30012 Ivy Glenn Drive, Suite 270 Laguna Niguel, C A 92677 SUBJECT: AGRICULTURAL MITIGATION FEE (LADWIG DESIGN GROUP, INC. J/N L-1033) Dear Gary, Anne Hysong has confirmed that Monarch can pay the $5,000 per acre fee to the State Coastal Conservancy along with entering into an agreement similar to what UDC did for Mar "Vista and Emerald Ridge West. Anne has also confirmed that payment will be required for the 25 percent to 40 percent slopes within the subdivision that are not part of any preserved open space. This will add over 4 acres that will require the mitigation payment. Also, you will recall that there have been some minor adjustments to Lots 61 and 62. A recap of all of the above and a calculation of the fee to be paid is as follows: Lot 61 - Was 5.33 Ac. - Now = 5.36 Acres Lot 62- Was 1.72 Ac. - Now = 1.76 Acres Area A = 0.20 Acres Area B = 0.05 Acres Area C = 0.45 Acres Area D = 0.43 Acres Area E Was 0.26 Ac. - Now = 0.22 Acres Area F Was 4.56 Ac. - Now = 0.00 Acres Area to Remain in Open Space = 8.47 Acres Gross Area 28.09 Acres Minus 8.47 Acres Area of Non-Prime Agricultural = 19.62 Acres Land to be Converted (The above is shown on the attached maps.) Fee Calculation 19.62 Acres x $5,000/Ac. = $98,100 703 Palomar Rirport Road *• Suite 300 4 Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 Mr. Gary Engle January 15, 1997 Page 2 Based on the above, please send a check to the State Coastal Conservancy in the amount of $98,100 and a note saying it is for the Agricultural Conversion Mitigation Fee for Emerald Ridge East (CT 95-05) in the City of Carlsbad, California. The Conservancy's address is 13^0 Broadway^. Suite 1100, Oakland, California, 94612. For your information, their Federal Tax I.D. number is 94- 3164968. (I have attached a draft letter for you to attach to your payment to the Conservancy.) The Mitigation Fee Agreement requires that you deposit another $98,100 into an escrow account prior to the issuance of any building permits that the City may withdraw funds from, as spelled out in the agreement. We will need a receipt back from the Conservancy and all these items completed before the City will issue the grading permit or approve the final map. Please look everything over and call me if you have any questions. LADWIG DESIGN GROUP Robert C. Ladwig RCL:klb.040 Attachments 703 Palomar Rirport Road + Suite 300 *• Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 Monarch Communities of California 30012 Ivy Glenn Drive, Suile 270 Uguna Niguel, Cfl 92677 (714) 363-7010 January 15, 1997 State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 .-? ' ATTENTION: ACCOUNTING DEPARTMENT SUBJECT: AGRICULTURAL CONVERSION MITIGATION FEE FOR EMERALD RIDGE EAST (CT 95-05) - CITY OF CARLSBAD, CA Attached is Monarch Communities of California's check No. O / / / in the amount of $98,100 for payment of the Agricultural Conversion Mitigation Fee for our project in Carlsbad Shown as Emerald Ridge East (CT 95-05). Please accept our check and send us a receipt that we can pass on to the City of Carlsbad and call if you have any questions. Thank you. Sincerely, Monarch Communities of California cc: Ms. Anne Hysong, City of Carlsbad Mr. Robert C. Ladwig, Ladwig Design Group, Inc. L-IOJ3 1/15/97 • Locluiig Design Group, Inc. February 13, 1997 Ms. Anne Hysong City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT EMERALD RIDGE EAST (CT 95-05)/AGRICULTURAL MITIGATION FEE (LADWIG DESIGN GROUP, INC. - J/N - L-1033) Dear Anne: Enclosed is the receipt from the State Coastal Conservancy for Monarch Communities' payment to them of $98,100. This represents $5,000 x 19.62 acres, which is the area of non-prime agricultural land within Emerald Ridge East to be converted. Yesterday, I submitted to you a copy of the agreement that Monarch Communities will sign similar to what was done for Emerald Ridge West and Mar Vista. If you have any questions about the above, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.047 Enclosures cc: Mr. Gary Engle, Monarch Communities of CA (With Enclosures) 703 Palomar Rirport Road 4 Suite 300 4 Carlsbad, California 92009 (619) 438-3182 FfiX (619) 438-0173 ^V CITY OF CARLSBAD ^f LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXE f| Master Plan [~| Specific Plan r~Tj Precise Development Plan ftp] Tentative Tract Map [ | Planned Development Permit | [ Non-Residential Planned Development [ [ Condominium Permit | | Special Use Permit [ [ Redevelopment Permit Obtain from Eng. Dept | [ Administrative Variance | | Administrative Permit - 2nd Dwelling Unit :s> (FOR DEPT USE ONLY) fj^r [~~[ General Plan Amendment [ 1 Local Coastal Plan Amendment jfcjjfl Site Development Plan [~~[ Zone Change [~~| Conditional Use Permit j]jp| Hillside Development Permit S?l Environmental Impact Assessment | [ Variance [ | Planned Industrial Permit | | Coastal Development Permit f~~\ Planning Commission Determination [ | List any other applications not specificed (FOR DEPT USE ONLY) <te-f/ <?r-/2 2) LOCATION OF PROJECT: ON THE (NORTH, SOUTH EAST South SIDE OF Palomar Airport Road WEST) (NAME OF STREET) BETWEEN paseo del Norte | AND Co11pcjp ^m^ (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES 2( MANAGEMENT /ONE 8) EXISTING ZONING RD^ 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE (NAME OF STREET) Portion of Lot "G" of Rancho Agua Hedionda per Map #823 212-040-32. 35. 36. and 48 ) 6) EXISTING GENERAL PLAN RM 7) PROPOSED GENERAL PLAN [ j^ | DESIGNATION DESIGNATION ' ' " qQ 9) PROPOSED ZONING ^D-^ 10) GROSS SITE 27.4 " " ACREAGE 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION OF LOTS 63 R~l (RESIDENTIAL, COMMERCIAL .INDUSTRIAL) 0 16) PROPOSED COMMERCIAL SgUAkbKJOlAGE NOTE: A PROPOSED PROJECT REQUIRING tHAT MWLTIfUB APPLICATIONS BE FILED ^K5ST BE SUBMITTE& PRIOR TO $i» P.M. A PROPOSE PROJECT KEQUTRING THAT ONLY ONE APPLICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00 P.M. FRM00016 8/90 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 60x10 + 9x6 = 20) PROJECT NAME:Emerald Ridge - East 21) BRIEF DESCRIPTION OF PROJECT:Standard R-l-7500 square-foot minimum lot subdivision (60 ]ots + 9 affordahlp ?nH nnii-B == ftQ units) with public streets. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT ISTHE^SIJBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE S%L---y^3 (f^L*~ T -" SIGNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) MSP CALIFORNIA, L.L.C. NAME (PRINT OR TYPE) LADWIG DESIGN GROUP. INC. MAILING ADDRESS 650 South Cherry Street, Suite 435 MAILING ADDRESS 703 Palomar Airport Road, Suite 300 CITY AND STATE ZIP Denver, CO 80222 TELEPHONE (303) 399-9804 CITY AND STATE ZIP Carlsbad. CA 92009 C6T9) -, TELEPHONE -TI 8? I CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. . DATE 1 CERTIFY THAT I AM THE CEGAL OWNER'l REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATU DATE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED CT Hbp TOTAL FEE REQUIRED DATE FEE PAID 7 ro - 00 OCT 0 3 DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. City of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANTS STATEMENT Of DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART Of THE CfTY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMfTTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. MSP CALIFORNIA, L.L.C. MSP CALIFORNIA. T..L.C. Marcus S. Palkowitsh 650 South Cherry Street. Suite 435 Denver. Colorado 80222 David M. Bentlev Fast-Dr-fvp, Sin' 1-p 771 Tucson, Arizona 85718 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. MSP CALIFORNIA, L.L.C. MSP CALIFORNIA. L.L.C. Marcus S. Palkowitsh 650 South Cherry Street, Suite 435 Denver, Colorado 80222 David M. Bentlev 3573 East Sunrise Drive, Suite 221 Tucson, Arizona 85718 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM0001 12/91 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161 t (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ^ If yes, please indicate person(s) Person i* defined a*: "Any individual, firm, copartnership, joint venture, aaaociation, tociaJ club, fraternal organization, corporation, e«tate, truat, receive syndicate, thi* and any other county, city and county, city municipality, district or other political subdMaton, or any other group or combination acting aa unit' (NOTE: Attach additional pages as necessary.) Signature of Owner/date nature of applicant/date Marcus S. Palkowitsh Print or type name of owner Marcus S. PaTknwi 1-ah Print or type name of applicant FRM0001 12/91 1200 CARLSB/ CITY OF CARLSBAD ILLAGE DRIVE* CARLSBAD^ALIFORNIA 92008 434-2867 REC'D FROM DATE ACCOUNT NO. 60-2 0000 5xCf-7tf' RECEIPT NO. ;n f 3 DESCRIPTION ,->, • .f- , ,. ,.-. /> ^ , ,': /"-..'' * ' " ^ " ^ \ "if".; i-V . "1'.'"V,-,%.; • <.,; ''^f,:. r ^ 1 'bftC) t^/,:y.'V> NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT .<- \., ,' "/ x,; - ' ?,, .• x ;.'•?! -.'.'%•• />' ••\^'' ^ '^ • i < , ^ •-' I Printed on recycled paper.CASH REGISTER CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM ../DATE y^ ACCOUNT NO. t' S- ,,-/!,(__ _-~ ( ^•_^-.''t-.-vvt,..T.. RECEIPT NO. 39053 DESCRIPTION / (L ~r -?s~- o tr /St- P?:~ - < / / r! {'• / / ± " •• ' ,'/. . ^; --/•- . ' :<" J..,-7^.,^ ;. 7382 05/06/96 NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT ~7 / ,>/i i.r- • 0001 01 02 rV_.n*SUT T -Ti 7 ,1-- I Printed on recycled paper.CASH REGISTER , ' :<?>•.CITY OF CARLSBAD c 1200 CARLSBADlplLAGE DRIVE CARLSBAD, CHllFORNIA 92008 434-2867 REC'D FROM y*Av DATE--.-/ ACCOUNT NO. (* ^-(f^^, £ I RECEIPT NO. 3f|1 *2 / DESCRIPTION C° T~ ?S~- dJ" ^""^.L ^ G<#~~^L ~£^?^ 7784 05/30/96 NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT */3 7^ 0v 0001 01 02 C-POMT * o~i«r . Art *;3~? r- 0^ @ Printed on recycled paper.CASH REGISTER )W CITY OF CARLSBAD 1200 CARLSBAD TILLAGE DRIVE CARLSBAD, 434-2867 IFORNIA 92008 REC'D FROM DATE ACCOUNT NO.DESCRIPTION C-fWT I4675 a r~ RECEIPT NO.f 25268 I Printed on recycled paper. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. Applicant Signature: Staff Signature: K:J^ $, Date: To be stapled with receipt to application Copy for file 5741 Palmer Way Geotechnical • Geologic • Environmental Carlsbad, California92008 • (619)438-3155 • FAX(619)931-0915 July 26, 1995 W.O. 1715X-SD MSP CALIFORNIA LLC. 650 S. Cherry Street, Suite 435 Denver, Colorado 80222 Attention: Mr. Marcus S. Palkowitsh Subject: Update Letter Regarding Geotechnical Conditions Emerald Ridge-East, PRE 95-22 APN 212-040-32 & 36, City of Carlsbad San Diego County, California Dear Mr. Palkowitsh: Pursuant to the request of Mr. Robert Ladwig (Ladwig Design Group, Inc.), GeoSoils, Inc. (GSI) is providing the following update letter on the proposed subject Emerald Ridge - East development in Carlsbad. For review purposes, this project was previously referred to as the Kelly Property (i.e., Hidden Valley Estates). Other than seasonal brush management, current site conditions on the site appear to be consistent with conditions noted in the referenced soils report. Based upon review of the referenced plan (by Land Space Engineering), cut and fill grading is proposed to create the configurations for building pads, interior roadways and open space lots. Except for changes in lot number designations and limited changes in lot layout, slope location and geometry, the plans do not appear to differ substantially from previous plans utilized in our geotechnical assessment of the property. The property appears to be suitable for the planned development provided recommendations submitted in the above referenced geotechnical report (dated September 6, 1994) are incorporated into design and construction. oei e Z 7 1995 LADWIG OESIGH6R MSP CALIFORNIA LLC W.O. 1715X-SD JULY 26, 1995 PAGE 2 If you should have any questions or if we can be of further service, please do not hesitate to contact this office. Respectfully submitted, GeoSoils, Inc. Edward P. Lump, CEG 1924 Project Geologist Dert R. Kfeist Civil Engineer, RCE 16351 Geotechnical Engineer, GE 476 EPL/ARK/mb Enclosures: Reference List cc: (2) Addressee (1) MSP California LLC, Mr. David Bentley (1) Ladwig Design Group, Inc., Mr. Robert Ladwig GeoSoils, Inc. REFERENCES Land Space Engineering (July 19, 1995), "Tentative Map Emerald Ridge - East, Carlsbad Tract CT 95-", Study #2 1"=100' scale. GeoSoils, Inc. (Septembers, 1994), "Preliminary Gee-technical Assessment Kelly Property, APN 212-040-32 & 36, City of Carlsbad, County of San Diego, California", W.O. 1715G-SD. GeoSoils, Inc. Pacific Noise Control September 26, 1995 Mr. Marcus Palkowitsh MSP California LLC 650 Cherry Street, Suite 435 Denver, Colorado 80222 PROJECT: Emerald Heights East Project RE: Noise Assessment Dear Mr. Palkowitsh: This report contains our assessment of the noise environment at the proposed Emerald Heights East project located in the City of Carlsbad. In summary, the future noise level at Lots 8, 9 and 26 would exceed the City's exterior noise criteria. To mitigate the exterior noise impact will require the construction of a minimum five-foot high noise barrier at the top of slopes along Lots 8, 9 and 26. To comply with City's interior noise standards, an interior noise study will be required for Lots 1 through 32 prior to issuance of building permits. 1.0 BACKGROUND Project Setting The Emerald Heights East project site is located approximately 850 feet south of Palomar Airport Road and approximately 1,000 feet west of College Boulevard. The project would develop the site with 60 single family homes. The City of Carlsbad has requested that a noise study be prepared evaluating the exterior noise impacts at the site. The analysis is based on the tentative map dated 9/18/95. The primary noise sources at the site are vehicular traffic along Palomar Airport Road and aircraft operations associated with McClellan-Palomar Airport. Palomar Airport Road is currently constructed as a six-lane road adjacent to the site. The existing traffic volume is approximately 37,880 average daily traffic (ADT) (City of Carlsbad, 1995a). City Noise Criteria The City of Carlsbad has established noise guidelines in the City's adopted General Plan Noise Element. These guidelines identify compatible exterior noise levels for various land use types. The maximum acceptable exterior noise level resulting from traffic noise sources for single family residences is a Community Noise Equivalent Level (CNEL) of 60 dB. Aircraft noise from McClellan-Palomar Airport should not exceed a CNEL of 65 dB at the residences. Interior noise levels are not to exceed a CNEL of 45 dB. Attachment 1 contains definitions of acoustical terms used in this report. All sound levels discussed in this report are A-weighted. 605 Third Street • Encinitas, CA 92024 • (619) 436-9877 Mr. Marcus Palkowitsh September 26, 1995 Page 2 Methodology The noise analysis methodology is based on the City's noise assessment methodology documented in the City's Draft Noise Guidelines Manual (City of Carlsbad, 1993). The future noise level along the Palomar Airport Road was determined based on ambient noise measurements and using Caltrans' SOUND32 Highway Traffic Noise Prediction Model (Caltrans, 1983) with California noise emission factors (Caltrans, 1987). The noise model is based on the Federal Highway Administration's traffic noise prediction model (FHWA, 1978). Input used in the noise model included the buildout traffic volume with vehicle speeds of 55 mph along Palomar Airport Road. The truck mix used was 3.52 percent medium trucks and 1.24 percent heavy trucks. The traffic mix is based on vehicle mix surveys conducted by the City. The proposed lots would be located above Palomar Airport Road, therefore, a hard site noise propagation factor was used. The buildout traffic volumes were provided by the City's traffic engineering department. 2.0 EXISTING CONDITIONS Ambient Noise Monitoring Noise measurements were conducted at the site to determine the existing noise levels. The measurements were made using a calibrated Larson-Davis Laboratories Model 700 (S.N. 2132) integrating sound level meter equipped with a Bruel & Kjaer Type 4176 1/2-inch pre-polarized condenser microphone with pre-amplifier. When equipped with this microphone, the sound level meter meets the current American National Standards Institute standard for a Type 1 precision sound level meter. The sound level meter was positioned at a height of approximately five feet above the ground. Two noise measurement locations were selected at the project site and are depicted as Site 1 and Site 2 on Figure 1. These sites were selected because they represent proposed lots which would have the greatest traffic noise exposure. Site 1 is approximately 840 feet from the center line of Palomar Airport Road. Site 2 is approximately 1000 feet from the center line of Palomar Airport Road. Concurrent traffic counts were conducted during the noise measurements. The measured average noise level was 60 dB at Site 1 and 59 dB at Site 2. The measured noise levels included aircraft noise associated with McClellan-Palomar Airport. To distinguish between the traffic noise level and aircraft noise level, the sound level meter was set to record the sound exposure level (SEL) of the aircraft fly-overs. Three fly-overs occurred during the noise measurement at Site 1 and one fly-over occurred during the noise measurement at Site 2. Mr. Marcus Palkowitsh September 26, 1995 Page 3 When the aircraft noise is subtracted from the overall measured noise level, the average noise level associated with only traffic from Palomar Airport Road is 59 dB at Site 1 and 59 dB at Site 2. Table 1 shows the measured noise levels and the concurrent traffic volumes. TABLE 1 MEASURED NOISE LEVELS AND TRAFFIC VOLUMES Site 1 2 Description Proposed Lot 9 Proposed Lot 26 Date Time 9/22/95 9:35 to 10:05 am 9/22/95 10:35 to 11:05 am V 604/595 dB 594/595 dB Cars 880 1036 MT2 33 38 HT5 23 22 Notes: ' Equivalent Continuous Sound Level (Average Sound Level) 2 Medium Trucks 3 Heavy Trucks 4 Includes aircraft noise associated with McClellan-Palomar Airport. 5 Without aircraft noise from McClellan-Palomar Airport (calculated from noise measurements). General Notes: Three fly-overs occurred during noise measurement at Site 1; One fly-over occurred during measurement at Site 2. Temperature 65-70 degrees, light wind from west, hazy. Noise Modeling The existing CNEL was calculated for the noise measurement locations based on the current traffic volume along Palomar Airport Road using Caltrans' SOUND32 noise model. To verify the input used in the noise model, the same traffic volume and vehicle composition ratios counted during the noise measurements were used. The modeled values were within one dB of the measured noise levels which confirms the assumptions used in the noise model. Mr. Marcus Palkowitsh September 26, 1995 Page 4 The CNEL at the measurement sites were calculated by adjusting the traffic volume and truck percentage to a set of normalized conditions (i.e., the City traffic mix and existing ADT). The existing traffic generated CNEL at Sites 1 and 2 are calculated to be 63 and 62 dB, respectively. 3.0 FUTURE CONDITIONS Traffic Noise Palomar Airport Road would be the primary traffic noise source in the future. To determine the maximum noise levels that could be experienced on-site, buildout traffic volumes were used. The buildout traffic volume along Palomar Airport Road adjacent to the project site would be approximately 40,200 ADT (City of Carlsbad, 1995b). Lots 8, 9 and 26 would be exposed to future traffic noise levels greater than 60 dB. At the closest lots to Palomar Airport Road the CNEL would be approximately 63 to 64 dB at Lots 8 and 9; 63 dB at Lot 26; 58 dB at Lot 24 and 60 dB at Lot 25. The noise levels are based on a receiver position located at the midpoint of the lot, and 10 feet back from either the backyard property line or the edge of the useable portion of the backyards. The SOUND32 noise modeling input/output is included as Attachment 2. McClellan-Palomar Airport McClellan-Palomar Airport is located approximately 1.25-miles east of the site. Noise levels associated with McClellan-Palomar Airport are based on the 1995 noise contour information published in the airport's comprehensive land use plan (SANDAG, 1994). Approximately one- half of the site is located between the 60 and 65 dB CNEL noise contours. Figure 2 depicts the approximate location of the site relative to the 60 and 65 dB CNEL aircraft noise contours. The aircraft CNEL at the proposed lots would be 65 dB or less and would meet the City's noise criteria. Interior Noise Levels The City requires that interior noise levels not exceed a CNEL of 45 dB. Typically, with the windows open, and using standard California construction materials and methods, the building shells provide approximately 15 dB of noise reduction. Therefore, homes exposed to an exterior CNEL greater than 60 dB could result in an interior CNEL greater than 45 dB. Lots 1 to 32 would exceed an exterior noise level of 60 dB. Mr. Marcus Palkowitsh September 26, 1995 Page 5 4.0 MITIGATION Lots 8, 9 and 26 would require a minimum five-foot high noise barrier constructed along the top of slopes of the building pads as shown in Figure 3. The noise barrier would attenuate the back yard exterior CNEL to 60 dB or less. The noise barrier may be constructed as a wall, berm, or combination of both. The materials used in the construction of the barrier are required to a have a minimum surface density of 3.5 pounds per square foot. They may consist of masonry material, plexiglass, tempered glass or a combination of these materials. The barriers must be designed so there are no openings or cracks. To comply with the City's interior noise standard, an interior noise analysis will be required for the project. The interior acoustical analysis would be required for Lots 1 through 32 prior to issuance of building permits to ensure that the interior noise levels would not exceed a CNEL of 45 dB. The homes on these lots would require air-conditioning or mechanical ventilation and could require sound-rated windows or additional sound insulation. Also, the McClellan-Palomar Airport comprehensive land use plan states that for residential uses located within the 60-65 dB CNEL noise contours, appropriate legal notice shall be given to all purchasers, lessees and renters of property which describes the potential for impacts form airplane noise associated with airport operations. This concludes our noise assessment. If you have any questions, please call me. Sincerely, Mike Komula Principal cc: Bob Ladwig, Ladwig Design Group David Bentley, MSP California LLC 1" = 340' \c 'ii^Y- "r^TF'^S-SlNR«l»«l^r^i Base Map Source: Land Space Engineering (9/18/95)j NOISE MEASUREMENT LOCATIONS Pacific Noise Control CNEL 60 Project Site 1" = 1000' Base Map Source: SANDAG April, 1994 1995 MCCLELLAN-PALOMAR AIRPORT NOISE CONTOURS Pacific Noise Control 1" = 340' •~115 s • ^>\ \ i&iJrbllM ase Map Source: Land Space Engineering (9/18/95) NOISE BARRIER HEIGHTS AND LOCATIONS FIGURE Pacific Noise Control: REFERENCES California Department of Transportation (Caltrans), June 1983, User's Instructions for SOUND32 (FHWA/CA-83/06). California Department of Transportation (Caltrans), 1987, California Vehicle Noise Emission Levels, (FHWA/CA/TL-87/03). Carlsbad, City of, September, 1993, City of Carlsbad Draft Noise Guidelines Manual. Carlsbad, City of, May, 1995a, Telephone conversation with Mr. Jim Gales, Traffic Engineering Department.. Carlsbad, City of, May, 1995b, Fax ofBuildout Traffic Volume Projections, Traffic Engineering Department. Federal Highway Administration (FHWA), 1978. FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108). San Diego Association of Governments (SANDAG), April 1994. Comprehensive Land Use Plan McClellan-Palomar Airport Carlsbad, California. ATTACHMENT 1 DEFINITIONS Term Ambient Noise Level A-Weighted Sound Level, dBA Definition The composite of noise _from all sources near and far. The normal or existing level of environmental noise at a given location. The sound pressure level in decibels as measured on a sound level meter using the A- weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise. Community Noise Equivalent Level, CNEL Decibel, dB Equivalent Sound Level, L^ (Average Sound Level) Sound Exposure Level, SEL CNEL is the A-weighted equivalent continuous sound exposure level for a 24-hour period with a ten dB adjustment added to sound levels occurring during nighttime hours (10 pm to 7 am) and a five dB adjustment added to the sound levels occurring during the evening hours (7 pm to 10 pm). A unit for measuring sound pressure level and is equal to 10 times the logarithm to the base 10 of the ratio of the measured sound pressure squared to a reference pressure, which is 20 micropascals. The sound level corresponding to a steady state sound level containing the same total energy as a time varying signal over a given sample period. L^ is designed to average all of the loud and quiet sound levels occurring over a time period. The continuous sound level which, when maintained for 1 second, contains the same quantity of sound energy as the actual time varying level of one noise event. * * SOUM)32 (CALTRANS VERSION OF STAMINA2/OPTIMA) * * INPUT DATA FILE BARRIER COST FILE DATE : EMERALD RIDGE EAST BREAST.MIT CALIF$.DTA 09-26-1995 TRAFFIC DATA LANE NO. 1 2 3 4 LANE LANE NO. 1 2 3 DATA SEG. NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 1 2 3 4 5 6 7 8 9 10 AUTO VPH MPH 1914 55 1914 55 1914 55 1914 55 GRADE COR. NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO MEDIUM VPH 71 71 71 71 X 3330.0 3857.0 4013.0 4232.0 4423.0 4607.0 5045.0 5311.0 5578.0 6005.0 6195.0 6398.0 6584.0 6795.0 6938.0 6938.0 7122.0 7340.0 7584.0 7735.0 3330.0 3853.0 4004.0 4228.0 4417.0 4594.0 5029.0 5290.0 5560.0 5988.0 TRKS HEAVY TRKS MPH 55 55 55 55 Y 7755.0 7757.0 7767.0 7810.0 7846.0 7907.0 8081.0 8182.0 8277.0 8435.0 8497.0 8537.0 8562.0 8570.0 8562.0 8562.0 8541.0 8502.0 8463.0 8432.0 7809.0 7812.0 7823.0 7860.0 7902.0 7960.0 8132.0 8230.0 8329.0 8487.0 VPH MPH 25 55 25 55 25 55 25 55 Z 100.0 98.0 95.0 90.0 85.0 80.0 77.0 80.0 82.0 81.0 82.0 84.0 86.0 88.0 90.0 90.0 92.0 96.0 102.0 106.0 100.0 98.0 95.0 90.0 85.0 80.0 77.0 80.0 82.0 81.0 DESCRIPTION Palomar Airport Palomar Airport Palomar Airport Palomar Airport SEGMENT DESCRIPTION EB14 EB15 EB16 EB17 EB18 EB19 EB20 EB21 EB22 EB23 EB24 EB25 EB26 EB26 EB28 EB28 EB29 EB30 EB31 EB32 WB14 WB15 WB16 WB17 WB18 WB19 WB20 WB21 WB22 WB23 Road Road Road Road 11 12 13 14 1 2 3 4 NO NO NO NO NO NO NO NO 6177 6389 6583 6797 6934 6934 7134 7349 7585 7755 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 8546 8593 8620 8622 8617 8617 8598 8561 8524 8484 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 82 83 86 88 90 90 92 96 102 106 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 WB24 WB25 WB26 WB27 WB28 WB28 WB29 WB30 WB31 WB32 BARRIER DATA Barrier No. 1 Type - (l)BERM Height Increment (DELZ) = 0.0 Description: Topography (East Side Slope) No. Height Changes (P)=0 SEG. 1 2 3 4 5 6 X 6276 6290 6298 6315 6327 6343 6354 .0 .0 .0 .0 .0 .0 .0 7699 7617 7560 7422 7383 7285 7213 Y .0 .0 .0 .0 .0 .0 .0 GROUND (ZO) 110 130 140 150 160 180 190 .0 .0 .0 .0 .0 .0 .0 TOP (Z) 110 130 140 150 160 180 190 .0 .0 .0 .0 .0 .0 .0 *S1 *S2 *S3 *S4 *S5 *S6 *S7 BARRIER . HEIGHTS AT ENDS * * * * * * * 0 0 0 0 0 0 0 Barrier No. 2 Type - (l)BERM Height Increment (DELZ) = 0.0 Description: Topography (West Side Slope) No. Height Changes (P)=0 SEG. 1 2 3 4 5 6 7 8 9 4934 5029 5115 5198 5218 5237 5263 5275 5296 5322 X .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 7165 7279 7283 7262 7265 7279 7311 7318 7321 7316 Y .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 GROUND (ZO) 170 178 177 177 177 177 177 177 177 177 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 TOP (Z) 170 178 177 177 177 177 177 177 177 177 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 *T1 *T2 *T3 *T4 *T5 *T6 *T7 *T8 *T9 *T10 BARRIER HEIGHTS AT ENDS * * * * * * * * * * 0 0 0 0 0 0 0 0 0 0 Barrier No. 3 Type - (l)BERM Height Increment (DELZ)= 0.0 Description: Topography (West Side) No. Height Changes (P)=0 SEG. 1 2 X 5322.0 5350.0 Y 7316.0 7300.0 GROUND (ZO) 177.0 177.0 TOP (Z) 177.0 *T10 177.0 *T11 BARRIER HEIGHTS AT ENDS * 0 * 0 3 4 5 6 7 8 9 Barriei Type - Height SEG. 1 2 3 4 5 6 7 8 9 Barrier Type - Height SEG. 1 2 3 4 5 6 7 8 Barrier Type - Height : SEG. 1 2 3 5375.0 5398.0 5412.0 5442 .0 5453 .0 5483.0 5508.0 5528.0 : No. 4 (2) MASONRY Increment X 5818.0 5823.0 5922.0 5900.0 5908.0 5926.0 5975.0 6030.0 6062.0 6063.0 No. 5 ( 2 ) MASONRY Increment X 6063.0 6114.0 6135.0 6155.0 6156.0 6194.0 6242.0 6258.0 6295.0 No. 6 (l)BERM Increment X 6154.0 6127.0 6133.0 6134.0 7270.0 7230.0 7194.0 7113.0 7078.0 7026.0 6971.0 6913.0 T (DELZ) = I Y 7041.0 7105.0 7108.0 7434.0 7536.0 7567.0 7577.0 7585.0 7570.0 7570.0 (DELZ) = C Y 7570.0 7513.0 7489.0 7466.0 7466.0 7484 .0 7493 .0 7473 .0 7376.0 (DELZ)= 0 Y 7466.0 7377.0 7260.0 7185.0 177.0 177.0 177.0 176.0 176.0 175.0 174.0 174.0 Description: 0.0 GROUND (ZO) 135.0 135.0 135.0 137.0 137.0 137.0 137.0 137.0 137.0 137.0 Description: ).0 GROUND (ZO) 137.0 146.0 150.0 168.0 168.0 168.0 168.0 168.0 168.0 Description: .0 GROUND (ZO) 167.0 167.0 167.0 166.0 177.0 *T12 * 0 177.0 *T13 * 0 177.0 *T14 * 0 176.0 *T15 * 0 - 176.0 *T16 * 0 175.0 *T17 * 0 174.0 *T18 * 0 174.0 *T19 * 0 Top Of Slope No. Height Changes (P) =0 TOP BARRIER (Z) HEIGHTS AT ENDS 135.0 *S1 * 0 135.0 *S2 * 0 135.0 *S3 * 0 142.0 *S4 * 5 142.0 *S5 . * 5 142.0 *S6 * 5 142.0 *S7 * 5 142.0 *S8 * 5 142.0 *S9 * 5 137.0 *S9B * 0 Top of Slope No. Height Changes (P)=0 TOP BARRIER (Z) HEIGHTS AT ENDS 137.0 *S9B * 0 146.0 *S10 * 0 150.0 *S11 * 0 168.0 *S12 * 0 173.0 *S12B * 5 173.0 *S13 * 5 173.0 *S14 * 5 173.0 *S15 * 5 173.0 *S16 * 5 Top of Slope No. Height Changes (P)=0 TOP BARRIER (Z) HEIGHTS AT ENDS 167.0 *S12 * 0 167.0 *S17 * 0 167.0 *S18 * 0 166.0 *S19 * 0 RECEIVER DATA REC. NO. - 1 2 3 4 5 6 7 8 9 5832 5947 6017 6093 6055 6143 6140 6151 6200 X .0 .0 .0 .0 .0 .0 .0 .0 .0 7096 7562 7574 7519 7377 7227 7307 7419 7475 Y .0 .0 .0 .0 .0 .0 .0 .0 .0 140 142 142 142 142 171 171 172 173 Z .0 .0 .0 .0 .0 .0 .0 .0 .0 DNL P] 60 60 60 60 60 60 60 60 60 30PLE 1 1 1 1 1 1 1 1 1 ID LOT LOT LOT LOT LOT LOT LOT LOT LOT 7A 8A 9A 10A 11A 23A 24A 25A 26A DROP-OFF RATES ALL LANE/RECEIVER PAIRS = 3.0 DBA K - CONSTANTS ALL LANE RECEIVER/PAIRS = 0.0 DBA 0 1 1L REC REC ID 1 LOT 7A 2 LOT 8A 3 LOT 9A 4 LOT 10A 5 LOT 11A 6 LOT 23A 7 LOT 24A 8 LOT 25A 9 LOT 26A BARRIER TYPE BERM MASONRY MASONRY/JERSEY CONCRETE 2 DNL 60. 60. 60. 60. 60. 60. 60. 60. 60. 3 PEOPLE 1. 1. 1. 1. 1. 1. 1. 1. 1. 0 30905 0 0 4567 LEQ(CAL) 59.2 58.3 58.2 56.7 53.7 57.2 57.7 60.3 57.0 COST . . • TOTAL COST = $31000. BARRIER HEIGHT INDEX FOR EACH BARRIER SECTION 1111111111111111111111111 1111111111111111111 CORRESPONDING BARRIER HEIGHTS FOR EACH SECTION 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 3. 5. 5. 5. 5. 5. 3. 0. 0. 0. 3. 5. 5. 5. 5. 0. 0. 0. 1" = 340' Base Map Source: Land Space Engineering (9/18/95) NOISE MEASUREMENT LOCATIONS Pacific Noise Control 1" = 1000' Base Map Source: SANDAG April, 1994 FIGURE 1995 MCCLELLAN-PALOMAR AIRPORT NOISE CONTOURS Pacific Noise Control: Base Map Source: Land Space Engineering (9/18/95) NOISE BARRIER HEIGHTS AND LOCATIONS Pacific Noise Control REFERENCES California Department of Transportation (Caltrans), June 1983, User's Instructions for SOUND32 (FHWA/CA-83/06). California Department of Transportation (Caltrans), 1987, California Vehicle Noise Emission Levels, (FHWA/CA/TL-87/03). Carlsbad, City of, September, 1993, City of Carlsbad Draft Noise Guidelines Manual. Carlsbad, City of, May, 1995a, Telephone conversation with Mr. Jim Gales, Traffic Engineering Department- Carlsbad, City of, May, 1995b, Fox of Buildout Traffic Volume Projections, Traffic Engineering Department. Federal Highway Administration (FHWA), 1978. FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108). San Diego Association of Governments (SANDAG), April 1994. Comprehensive Land Use Plan McClellan-Palomar Airport Carlsbad, California. ATTACHMENT 1 DEFINITIONS Term Ambient Noise Level A-Weighted Sound Level, dBA Definition The composite of noise _from all sources near and far. The normal or existing level of environmental noise at a given location. The sound pressure level in decibels as measured on a sound level meter using the A- weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise. Community Noise Equivalent Level, CNEL Decibel, dB Equivalent Sound Level, L^ (Average Sound Level) Sound Exposure Level, SEL CNEL is the A-weighted equivalent continuous sound exposure level for a 24-hour period with a ten dB adjustment added to sound levels occurring during nighttime hours (10 pm to 7 am) and a five dB adjustment added to the sound levels occurring during the evening hours (7 pm to 10 pm). A unit for measuring sound pressure level and is equal to 10 times the logarithm to the base 10 of the ratio of the measured sound pressure squared to a reference pressure, which is 20 micropascals. The sound level corresponding to a steady state sound level containing the same total energy as a time varying signal over a given sample period. L^ is designed to average all of the loud and quiet sound levels occurring over a time period. The continuous sound level which, when maintained for 1 second, contains the same quantity of sound energy as the actual time varying level of one noise event. * * SOUND32 (CALTRANS VERSION OF STAMINA2/OPTIMA) * * INPUT DATA FILE : BREAST.MIT BARRIER COST FILE : CALIF$.DTA DATE : 09-26-1995 EMERALD RIDGE EAST TRAFFIC DATA LANE NO. 1 2 3 4 LANE LANE NO. 1 2 3 DATA SEG. NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 1 2 3 4 5 6 7 8 9 10 AUTO VPH MPH 1914 55 1914 55 1914 55 1914 55 GRADE COR. NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO MEDIUM VPH 71 71 71 71 X 3330.0 3857.0 4013 .0 4232.0 4423 .0 4607.0 5045.0 5311.0 5578.0 6005.0 6195.0 6398.0 6584.0 6795.0 6938.0 6938.0 7122.0 7340.0 7584.0 7735.0 3330.0 3853.0 4004.0 4228.0 4417.0 4594.0 5029.0 5290.0 5560.0 5988.0 TRKS HEAVY TRKS MPH 55 55 55 55 Y 7755.0 7757.0 7767.0 7810.0 7846.0 7907.0 8081.0 8182.0 8277.0 8435.0 8497.0 8537.0 8562.0 8570.0 8562.0 8562.0 8541.0 8502.0 8463.0 8432.0 7809.0 7812.0 7823.0 7860.0 7902.0 7960.0 8132.0 8230.0 8329.0 8487.0 VPH MPH 25 55 25 55 25 55 25 55 Z 100.0 98.0 95.0 90.0 85.0 80.0 77.0 80.0 82.0 81.0 82.0 84.0 86.0 88.0 90.0 90.0 92.0 96.0 102.0 106.0 100.0 98.0 95.0 90.0 85.0 80.0 77.0 80.0 82.0 81.0 DESCRIPTION Palomar Airport Palomar Airport Palomar Airport Palomar Airport SEGMENT DESCRIPTION EB14 EB15 EB16 EB17 EB18 EB19 EB20 EB21 EB22 EB23 EB24 EB25 EB26 EB26 EB28 EB28 EB29 EB30 EB31 EB32 WB14 WB15 WB16 WB17 WB18 WB19 WB20 WB21 WB22 WB23 Road Road Road Road 11 12 13 14 4 1 2 3 4 NO NO NO NO NO NO NO NO 6177.0 6389.0 6583.0 6797.0 6934.0 6934.0 7134.0 7349.0 7585.0 7755.0 8546.0 8593.0 8620.0 8622.0 8617.0 8617.0 8598.0 8561.0 8524.0 8484.0 82.0 83.0 86.0 88.0 90.0 90.0 92.0 96.0 102.0 106.0 WB24 WB25 WB26 WB27 WB28 WB28 WB29 WB30 WB31 WB32 BARRIER DATA Barrier No. 1 Type - (l)BERM Height Increment (DELZ)= 0.0 Description: Topography (East Side Slope) No. Height Changes (P)=0 SEG. 1 2 3 4 5 6 X 6276 6290 6298 6315 6327 6343 6354 .0 .0 .0 .0 .0 .0 .0 7699 7617 7560 7422 7383 7285 7213 Y .0 .0 .0 .0 .0 .0 .0 GROUND (ZO) 110 130 140 150 160 180 190 .0 .0 .0 .0 .0 .0 .0 TOP (Z) 110 130 140 150 160 180 190 .0 .0 .0 .0 .0 .0 .0 *S1 *S2 *S3 *S4 *S5 *S6 *S7 BARRIER , HEIGHTS AT ENDS * * * * * * * 0 0 0 0 0 0 0 Barrier No. 2 Type - (l)BERM Height Increment (DELZ)= 0.0 Description: Topography (West Side Slope) No. Height Changes (P)=0 SEG. 1 2 3 4 5 6 7 8 9 4934 5029 5115 5198 5218 5237 5263 5275 5296 5322 X .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 7165 7279 7283 7262 7265 7279 7311 7318 7321 7316 Y .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 GROUND (ZO) 170 178 177 177 177 177 177 177 177 177 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 TOP (Z) 170 178 177 177 177 177 177 177 177 177 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 *T1 *T2 *T3 *T4 *T5 *T6 *T7 *T8 *T9 *T10 BARRIER HEIGHTS AT ENDS * * * * * * * * * * 0 0 0 0 0 0 0 0 0 0 Barrier No. 3 Type - (l)BERM Height Increment (DELZ)= 0.0 Description: Topography (West Side) No. Height Changes (P)=0 SEG. 1 2 X 5322.0 5350.0 Y 7316.0 7300.0 GROUND (ZO) 177.0 177.0 TOP (Z) 177.0 *T10 177.0 *T11 BARRIER HEIGHTS AT ENDS * 0 * 0 3 4 5 6 7 8 9 Barriei Type - Height SEG. 1 2 3 4 5 6 7 8 9 Barrier Type - Height SEG. 1 2 3 4 5 6 7 8 Barrier Type - Height : SEG. 1 2 3 5375.0 5398.0 5412.0 5442 .0 5453.0 5483.0 5508.0 5528.0 : No. 4 (2) MASONRY Increment X 5818.0 5823.0 5922.0 5900.0 5908.0 5926.0 5975.0 6030.0 6062.0 6063.0 No. 5 (2) MASONRY Increment X 6063.0 6114.0 6135.0 6155.0 6156.0 6194.0 6242.0 6258.0 6295.0 No. 6 (l)BERM Increment X 6154.0 6127.0 6133.0 6134.0 7270.0 7230.0 7194.0 7113 .0 7078.0 7026.0 6971.0 6913.0 r (DELZ) = i Y 7041.0 7J05.0 7108.0 7434.0 7536.0 7567.0 7577.0 7585.0 7570.0 7570.0 (DELZ) = C Y 7570.0 7513.0 7489.0 7466.0 7466.0 7484.0 7493 .0 7473 .0 7376.0 (DELZ) = 0 Y 7466.0 7377.0 7260.0 7185.0 177.0 177.0 177.0 176.0 176.0 175.0 174.0 174.0 Description: 0.0 GROUND (ZO) 135.0 135.0 135.0 137.0 137.0 137.0 137.0 137.0 137.0 137.0 Description: ).0 GROUND (ZO) 137.0 146.0 150.0 168.0 168.0 168.0 168.0 168.0 168.0 Description: .0 GROUND (ZO) 167.0 167.0 167.0 166.0 177.0 *T12 * 0 177.0 *T13 * 0 177.0 *T14 * 0 176.0 *T15 * 0 - 176.0 *T16 * 0 175.0 *T17 * 0 174.0 *T18 * 0 174.0 *T19 * 0 Top of Slope No. Height Changes (P) =0 TOP BARRIER (Z) HEIGHTS AT ENDS 135.0 *S1 * 0 135.0 *S2 * 0 135.0 *S3 * 0 142.0 *S4 * 5 142.0 *S5 • * 5 142.0 *S6 * 5 142.0 *S7 * 5 142.0 *S8 * 5 142.0 *S9 * 5 137.0 *S9B * 0 Top of Slope No. Height Changes (P) =0 TOP BARRIER (Z) HEIGHTS AT ENDS 137.0 *S9B * 0 146.0 *S10 * 0 150.0 *S11 * 0 168.0 *S12 * 0 173.0 *S12B * 5 173.0 *S13 * 5 173.0 *S14 * 5 173.0 *S15 * 5 173.0 *S16 * 5 Top of Slope No. Height Changes (P) =0 TOP BARRIER (Z) HEIGHTS AT ENDS 167.0 *S12 * 0 167.0 *S17 * 0 167.0 *S18 * 0 166.0 *S19 * 0 RECEIVER DATA REC. NO. - X Y Z DNL PEOPLE ID 1 5832.0 7096.0 140.0 60 1 LOT 7A 2 5947.0 7562.0 142.0 60 1 LOT 8A 3 6017.0 7574.0 142.0 60 1 LOT 9A 4 6093.0 7519.0 142.0 60 1 LOT 10A 5 6055.0 7377.0 142.0 60 1 LOT 11A 6 6143.0 7227.0 171.0 60 1 LOT 23A 7 6140.0 7307.0 171.0 60 1 LOT 24A 8 6151.0 7419.0 172.0 60 1 LOT 25A 9 6200.0 7475.0 173.0 60 1 LOT 26A DROP-OFF RATES ALL LANE/RECEIVER PAIRS = 3.0 DBA K - CONSTANTS ALL LANE RECEIVER/PAIRS = 0.0 DBA 0 1 1L REC REC ID 1 LOT 7A 2 LOT 8A 3 LOT 9A 4 LOT 10A 5 LOT 11A 6 LOT 23A 7 LOT 24A 8 LOT 25A 9 LOT 26A BARRIER TYPE BERM MASONRY MASONRY/JERSEY CONCRETE 2 DNL 60. 60. 60. 60. 60. 60. 60. 60. 60. 3 PEOPLE 1. 1. 1. 1. 1. 1. 1. 1. 1. 0 30905 0 0 4567 LEQ(CAL) 59.2 58.3 58.2 56.7 53.7 57.2 57.7 60.3 57.0 COST f . • TOTAL COST = $31000. BARRIER HEIGHT INDEX FOR EACH BARRIER SECTION 1111111111111111111111111 1111111111111111111 CORRESPONDING BARRIER HEIGHTS FOR EACH SECTION 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 3. 5. 5. 5. 5. 5. 3. 0. 0. 0. 3. 5. 5. 5. 5. 0. 0. 0. --! A P WTV]" WPA Traffic Engineering, Inc. TRAFFIC & TRANSPORTATION ENGINEERING September 13, 1995 Mr. Marc Palkowitsh MSP California LLC 650 S. Cherry St., Suite 435 Denver, CO 80222 SUBJECT: EMERALD RIDGE EAST (CARLSBAD) Dear Mr. Palkowitsh:, «J XJ -\J -0 V* > 1 This study presents analyses of traffic factors related to the proposed Emerald Ridge East project south of Palomar Airport Road and East of Hidden Valley Road, located within Zone 20 in the City of Carlsbad. The analyses contained in this study are based upon contact with City Staff, previous work completed by WPA Traffic Engineering, Inc. in the area, a field check of the area, and standard referenced materials. PROJECT DESCRIPTION The proposed project is planned to provide 60 single family dwelling units (SFDU) and 9 "affordable" units developed adjacent to 9 of the SFDU. This project represents a considerable reduction in development when compared to an estimated buildout potential of about 139 dwelling units (DU) allowed under the current Zone 20 Specific Plan. Figure 1 illustrates the location of the project in relationship to the surrounding street system' RECEIVED SEP H 1995 LADWIG DESIGN GR 680 Langsdorf Drive • Suite 222 • Fullerton. CA 92631 • (714) 871-2931 • FAX:(714) 871-0389 LEGEND EXISTING ROADWAY FUTURE ROADWAY No Scale McREYNOLDS PROPERTY LOCATION MAP FIGURE 1 -2- The primary access for this project would be to Hidden Valley Road via "F" Street. Figure 2 illustrates the site plan. EXISTING CONDITIONS Existing volumes were obtained from a previously completed traffic study1 in the area. Due to the fact that Hidden Valley Road does not currently exist south of Palomar Airport Road, some assumptions and recalculations of existing volumes were made in order to achieve existing conditions with Hidden Valley Road completed between Palomar Airport Road and Camino De Las Ondas. The eastbound and westbound through movements at the intersection of Hidden Valley Road/Palomar Airport Road were obtained from the volumes at the surrounding intersections of Palomar Airport Road/Paseo Del Norte and Palomar Airport Road/College Boulevard. In order to obtain existing turning movement volumes at the intersection of Hidden Valley Road/Palomar Airport Road, an assumption was made that ten percent of the traffic making an eastbound right turn and a northbound left turn to and from Paseo Del Norte would now utilize the new connection of Hidden Valley Road. In addition, 25 percent of the traffic making a westbound left turn and a northbound right turn to and from Paseo Del Norte would also utilize Hidden Valley Road. The resulting traffic volumes can be referenced from the ICU worksheets contained in Appendix A. With these assumptions and recalculations in place, ICU analyses of existing conditions were prepared for the study intersection. Table 1 shows that the intersection of Hidden Valley Road/Palomar Airport Road would operate at acceptable Levels of Service during both the AM (0.45/A) and PM (0.42/A) peak hours. These analyses were performed with an assumption of exclusive left, through and right turn lanes northbound at the study intersection. The ICU worksheets can be found in Appendix A. 1 "McReynolds Property" Traffic Study; WPA Traffic Engineering, Inc.; January 19, 1995. TENTATIVE MAP - EMERALD RIDGE - EAST CARLSBAD TRACT CT 95- -^f&^ UNO SPACE fNClNEFRINGAM*£ - CM iKMf^K '- SUMni L>3 ok« •«. un M nncnx (t[1>I| '.!-«•11 «CM1 CT>40 SITE PLAN FIGURE 2 -3- TABLE 1 INTERSECTION ANALYSES Emerald Ridge East INTERSECTION: Hidden Valley Road & Palomar Airport Road • Existing • Existing • Existing Conditions + Other(1) Conditions + Other + Project Conditions ICU/LOS AM PEAK HOUR 0.45/A 0.53/A 0.55/A PM PEAK HOUR 0.42/A 0.48/A 0.48/A ICU = Intersection Capacity Utilization LOS = Level of Service (1) "Other" includes "other area" projects and a growth rate of 3% for 5 years (for through traffic on Palomar Airport Road). -4- OTHER AREA PROJECTS A total of five "other area" projects, which are expected to add traffic to the study intersection, were included in this analysis. The "other area" projects include Costa Do Sol, SAME I, Mariner's Point, McReynolds Property (Mar Vista) and Emerald Ridge West. In addition to the "other area" projects, a growth rate of three percent for five years was applied to the existing eastbound and westbound through movement volumes at the intersection of Hidden Valley Road/Palomar Airport Road to cover any unforseen projects or growth in the area. This cumulative traffic was added to the "existing" traffic described above, which includes through traffic on Palomar Airport Road and redistributed existing traffic to Hidden Valley Road. The trip generation rates used in analyzing the five" "other area"' projects are listed in Table 2. These rates were applied to land use information related to the "other area" projects and the results are listed in Table 3. Given these trip generations, the anticipated traffic was distributed to the assumed roadway system shown on Figure 1. These distribution percentages were referenced from the previously completed Costa Do Sol2 traffic study. The ICU analyses were again completed with the addition of the "other area" projects traffic and ambient growth to the "existing conditions". As shown in Table 1, under existing plus other conditions, the intersection continues to operate at acceptable Levels of Service during both the AM (0.53/A) and PM (0.48/A) peak hours. PROJECT ANALYSES The proposed project consists of 60 single family dwelling units and 9 "affordable" housing dwelling units. Trip generation rates, shown in Table 2, were again utilized for the proposed project. The specific land use rates that were utilized were Low-Medium Density Residential (RLM) for the 60 single family dwelling units and Medium-High Density Residential (RMH) for the 9 "affordable" housing dwelling units. These rates "Costa Do Sol" Traffic Study; WPA Traffic Engineering, Inc.; August 28, 1992. TABLE 2 TRIP GENERATION RATES Emerald Ridge East -5- LAND USE Medium-High Density Residential (RMH) Medium Density Residential (RM) Low-Medium Density Residential (RLM) DESCRIPTOR Dwelling Unit Dwelling Unit Dwelling Unit TRIP ENDS PER DESCRIPTOR^ DAILY 6.0 8.0 10.0 AM PEAK HOUR IN 0.10 0.10 0.20 OUT 0.40 0.50 0.60 PM PEAK HOUR IN 0.40 0.60 0.70 OUT 0.20 0.20 0.30 (1) "San Diego Traffic Generators"; San Diego Association of Governments (SANDAG); June, 1991. TABLES TRIP GENERATION - "OTHER AREA" PROJECTS Emerald Ridge East -6- PROJECT/LAND USE Emerald Ridge West Residential: -RLM -RMH Costa Do Sol/ Residential: -RLM -RMH SAMBI/ Residential: -RLM -RM -RMH Mariner's Point/ Residential: -RLM -RMH Mar Vista/ Residential: -RLM -RMH SIZE 62 DU 10 DU 117 DU 40 DU 136 DU 72 DU 132 DU 187 DU 176 DU 49 DU 8DU DAILY 620 60 680 1,170 240 1,410 1,360 580 790 2,730 1,870 640 2,510 490 50 540 AM PEAK HOUR IN 15 NOM 15 25 5 30 25 5 15 45 35 10 45 10 NOM 10 OUT 40 5 45 70 15 85 80 35 55 170 115 45 160 30 A 35 PM PEAK HOUR IN 45 5 50 80 15 95 95 45 55 195 130 45 175 35 5 40 OUT 20 NOM 20 35 10 45 40 15 25 80 55 20 75 15 NOM 15 -7- were applied to the proposed project land uses and the resulting trip generation is shown in Table 4. The total proposed project is expected to generate approximately 650 daily trip ends, of which 55 (15 In, 40 Out) would occur during the AM peak hour and 65 (45 In, 20 Out) would occur during the PM peak hour. The general distribution, illustrated on Figure 3, was utilized for the proposed project. The project trips were distributed to the surrounding street system. Figure 4 shows the project volume impacts on the surrounding streets. The volumes at the study intersection of Hidden Valley Road/Palomar Airport Road were added to the existing plus other project volumes and the analyses were updated. Again, Table 1 shows that the study intersection continues to operate at acceptable Levels of Service during both the AM (0.55/A) and PM (0.48/A) peak hours under existing plus other plus project conditions. It also can be noted that the proposed project is shown to have a relatively small impact at the study location (0.00 - 0.02 ICU increase). In addition to the study intersection operations, the ultimate roadway design of Hidden Valley Road, specifically the intersection of Hidden Valley Road and Palomar Airport Road (PAR) was examined. The north leg of Hidden Valley Road/PAR is designated as a Secondary Arterial, which would provide a 64 foot curb-to-curb width within an 84 foot right-of-way (ROW). It is our understanding that the south intersection leg would also be designed as a 64 foot street in an 84 foot ROW at the intersection, which would transition to a Collector Street width of 48 feet in a 68 foot ROW. Figure 5 provides preliminary striping for Hidden Valley Road at Palomar Airport Road and also addresses the transition from a 64 foot wide street to 48 feet. The general alignment of Hidden Valley Road is based on the Tentative Map, as well as other available information. The City of Carlsbad standards for a Secondary were referenced, given the 64 foot street width at the intersection. TABLE 4 TRIP GENERATION - PROPOSED PROJECT Emerald Ridge East -8- LAND USE Emerald Ridge East Residential: -RLM -RMH SIZE 60 DU 9 DU DAILY 600 50 650 AM PEAK HOUR IN 15 NOM 15 OUT 35 5 40 PM PEAK HOUR IN 40 5 45 OUT 20 NOM 20 No Scale MeREYNOLDS PROPERTIES MIDDENVALLEY (3D. EDGE WEST PROJECT SITE POINT 2-QfNSETTIA LN. —- = ASSUMED ROADWAY = FUTURE ROADWAY 2Q% DIRECTIONAL DISTRIBUTION FIGURE 3 No Scale MeREYNOLDS PROPERTIES s/15 CAMINO DELAS ONDAS = ASSUMED ROADWAY = FUTURE ROADWAY PROJECT TRAFFIC VOLUMES FIGURE 4 PALOMAR AIRPORT ROAD FUTURE STREET 200' POCKET HIDDEN VALL£ SCALE: 1"=50' IfflC AND TSAJCPORTATIOK KNGKKRDTO LAffCSOOV OH SUIT 222 fltLBtmH CA. JMJ7 (714) I71-J3JT FIGURE 5 HIDDEN VALLEY/P.A.R. STRIPING AND PROPOSED TRANSITIONS -9- It should be noted that the proposed striping on the south leg, at Hidden Valley Road/PAR, includes exclusive left, through and right turn lanes. This striping can be provided without the use of split signal phasing for the north-south approaches. This design also allows for the conversion to left, left/through combination, and right turn lane striping, should it becomes necessary at some point in the future. The traffic signal design for this location should consider and provide for the potential conversion. We would recommend the striping as shown on Figure 5. Given some of the reductions as actual projects are proposed, this striping may serve buildout conditions as well. It is likely that the preferred alternative would be to avoid split phasing, if possible. Figure 6 illustrates a typical section, once the roadway transitions to the 48 foot width. The proposed geometries are to provide a 12 foot striped median with an 18 foot travel lane in each direction. It is assumed that parking would not be allowed along this Collector Street. The 18 foot travel lane is adequate to serve through traffic and is wide enough to accommodate any emergency parking/stopping, as well as any bicycle travel. CONCLUSIONS These addendum analyses provide analyses of interim conditions which reflect projected traffic in the near future. This evaluation considers the projects that are anticipated to be constructed (that would impact Hidden Valley Road), considers a growth factor for Palomar Airport Road, and assumes some redistribution of existing traffic to Hidden Valley Road. The important intersection of Hidden Valley Road/Palomar Airport Road was evaluated and it is shown that acceptable operations can be maintained, assuming a 48 foot roadway width for Hidden Valley Road and the development of the proposed project. It was also shown that the relative impact of the Emerald Ridge East project on the surrounding street system is relatively minor. 34'34' 24'24' DOUBLE YELLOW '? STRIPED MEDIAN LANEUNE LAYOUT TRAfTIC AND TRANSPORTATION EN'GINESRING i2SJ! (714) FIGURE 6 HIDDEN VALLEY ROAD TYPICAL SECTION -10- It also should be remembered that the proposed project (60 DU + 9 DU) represents a significant reduction in dwelling units from what could be built under the Specific Plan (139 DU). Therefore, the associated traffic impacts are also reduced in proportion similar to the reduction in units. Upon review of the proposed development and the site layout, the proposed residential streets are expected to adequately meet the anticipated traffic demands. We trust that this addendum will be of assistance to you and the City of Carlsbad. If you have any questions or comments, please do not hesitate to contact us. Respectfully submitted, WPA TRAFFIC ENGINEERING, INC. Steven S. Sasaki, P.E. Registered Professional Engineer State of California Numbers C52768 & TR1462 SSS:HN #950890 APPENDIX A IGU WORKSHEETS INTERSECTION CAPACITY UTILIZATION ANALYSIS PROJECTl EMERALD RIDGE EAST INTERVAL! AH PEAK HOUR INTERSECTION! BIDDEN VALLEY ROAD 4 PALOMAR AIRPORT ROAD II 1 | | MOVEMENT | 11 1 1 !==«„==»= 11 1 -«•"-—- 1 || NL | II NT 1 II HR | II «• 1 II *? \ II ** | || EL | || ET | || ER | II ™ \ II « | II «* 1 1 II [EXIST | LANES 1 1 1 11 1 1 ° 1 ° 1 ° 1 ° | 31 01 1 | 3 1 " PROP | | EXISTING LANES | (CAPACITY ====== 1 1 .««««====== 1 l.«««« 0 | | 1600 0 | | 1600 0 | | 1600 0 || 0 0 || 0 0 || 0 || 0 0 | | 4800 0 || 0 | | 1600 0 | | 4800 0 || ICU SPREADSHEET FILE NAMEJHIDiPAL N - NORTHBOUND, S - SOUTHBOUND E - EASTBOUND, W - WESTBOUND L - LEFT, T . THROUGH, R - RIGHT N.S. - NOT SIGNALIZED LOS - LEVEL OF SERVICE * DENOTES CRITICAL MOVEMENTS II PROPOSED | [EXISTING CAPACITY | | VOLUME «==,===-= 1 !=«=-= .. 0 | | 15 0 | | 0 0 | | 95 0 | | 0 0 | | 0 0 | | 0 0 || 0 | | 1745 0 || 10 0 || 25 0 | | 810 0 || OTHER VOLUME ========= 50 0 60 0 0 0 0 220 15 25 100 0 NORTH/SOUTH CRITICAI EAST/WEST CRITICAL CLEARANCE «= ICU VALUE = LOS = || PROJECT || EXISTING VOLUME | | V/C =_==_===_ 10 || 0.01 0 | | 0.00 10 | | 0.06 ° II o II0 II° II 0 || 0.37 * II 5 || 0.02 0 || 0.17 ° II1 1 —* * * * EXISTING + OTHER V/C ™° -•"=-= 0.04 0.00 0.10 0.41 0.03 0.19 * * * * L SUMS •= | | 0.01 | 0.04 M _ SUMS - | | 0.39 | " 0.44 || 0.05 | 0.05 EX.+OTHER +PROJECT V/C 0.05 0.00 0.10 0.42 0.03 0.19 *• * * * * EX.+OTHER +PROJECT V/C-H_IMP || II II * II || II * j II * 11 11 II II * II II -_ 1 1-=== — ==_=. n 0.05 | 0.00 || 1 1| | 0.45 | 0.00 | 1 I 0.05 | 0.05 || 0.45 | 0.53 | 0.55 | 0.05 1 | || A | A 1 1 1 ...| 1 1 | A | A , | INTERSECTION CAPACITY UTILIZATION ANALYSIS PROJECT: INTERVAL: INTERSECTION: EMERALD RIDGE EAST PH PEAK HOUR HIDDEN VALLEY ROAD t PALOMAR AIRPORT ROAD 1 1 (MOVEMENT | 1 1I _„„„„ 11"" 1 1 *L 1 1 HT | | | EXIST | LANES I __ I * 1 1 | NR || 1 | SL || 0 1 ST 1 1 " | SR || 0 | EL || 0 | ET || 3 | ER || 0 | WL || 1 | HT || 3 1 HR 1 1 ° II PROP | | EXISTING LANES || CAPACITY ====== | !„„====,== | | 1600 | | 1600 | | 1600 II ° II II II | | 4800 II ° | | 1600 | | 4800 II ° II PROPOSED | | EXISTING CAPACITY | | VOLUME = „===,=, 1 )«„===«====== | | ========= 0 || 25 0 || 0 || 25 0 || 0 0 || 0 0 || 0 || 0 0 | | 835 0 || 20 0 || 35 0 | | 1695 0 | | 0 OTHER VOLUME 20 0 25 0 0 0 0 105 50 70 215 0 PROJECT | | EXISTING VOLUME | | V/C =====«== | |c===«=«= 5 || 0.02 0 || 0.00 5 || 0.02 0 | | o II " II " II 0 || 0.18 15 II 15 || 0.02 0 || 0.35 0 II * * * * EXISTING + OTHER V/C 0.03 0.00 0.03 0.21 0.07 0.40 * * * * EX.+OTHER +PROJECT V/C 0.03 0.00 0.03 0.21 0.08 0.40 * * * EX.+OTHER +PROJECT V/C-H_IMP 1 I „„„_„,.,„„„.,„__«..„„_..«,„___-,« _ „ _ „| |_».»__.U.»B_«_____«____.__<,,:».««c:_.,_B, = _ = * II II II ICU SPREADSHEET FILE NAME| HID&PAL | N - NORTHBOUND, S - SOUTHBOUND £ - EASTBOUND, W . WESTBOUND L •> LEFT, T = THROUGH, R = RIGHT N.S. - NOT SIGNALIZED LOS « LEVEL OF SERVICE * DENOTES CRITICAL MOVEMENTS NORTH/SOUTH CRITICAL SUMS EAST/WEST CRITICAL SUMS • CLEARANCE ICU VALUE LOS 0.02 | 0.35 0.05 0.42 | . 0.03 | | 0.40 | | 0.05 | | 0.48 [ | 0.03 | 0.40 | 0.05 | 0.48 | 0.00 || 0.00 || 1 0.05 || .„ „ _„„_ 1 I1 1 1 0.05- || II APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS (AND REVISIONS) CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECTS ONLY) A proposed pix|^;!||qiaing that;multlple applications fce filed must be st&mitted prior to 3:30 v "• £X<5|5»«KVS?:Sp'«1> ••' ••V" 7» ' *E --ff&'ffs fc. / .w f* f f + " ** ^A, v -u-i .-. , v •K-X.' t f+ft f ±._ .• i , ftfttfffVfr ^ . f. „ .. > s ^-- ,s>* i >vX>>^ « -. ^ ^(p.nL A propos^ jffo|ecr requiring that only cote appHcation be filed must be submitted pnor to^ ^ ^f"- "v* •* ' ™ •• ^^' • «' T«X'y»"MwWR^.<^V A ^ s~^-%-.N v'C-WT^vv VA-.-.A ^« % sv, WW^-^. ff «,«A M.^-.V«^-.< •-•.<'ss •" < ff.,'>Vvt*<'f. ffj' iff ** f v fj4: prepared at the same scale (use a scale no smaller &aa 1* ?» 40). In addition all plans shall be ftilfjr dimensioned (te» #5&ac|e*r feet^ K>ad w?$dlJwr parldtig space*> pfeuifew, ysrd*, etc,) The following materials snaH be submitted for eaclx application, ecee^ a$. noted on f 7 and #8 under Property Owners Mst and addtes* JalseK- __/ * ... [JET 1 . Ten (10) copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 8V* x 11" size. F||||||||i|^ of the tentative tract map/condominium site plan shall be submitted by the applicant upon request of the project planner prior to project approval Each tentative map shall contain the following information: I. GENERAL INFORMATION; Q A. Name and address of owner whose property is proposed to be subdivided. and the name and address of the subdivider; (H B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; D C. North arrow; D D. Scale; vicinity map; D E. Date of preparation/revisions; O ' F. Classification of lots as to intended residential, commercial, industrial or other uses; "D G* Tentative Map number in upper right hand corner (City to provide number at time of application). D H. Number of units to be constructed when a condominium or community apartment project is involved; Total number of lots proposed. D I. Name of sewer and water district providing sendee to the project. D J. Average Daily Traffic generated by the project broken down by separate uses. FRM003 10/92 Page 1 of 8 D K. Name of School District providing service to the project. Q L Proposed density in lots or dwelling units per acre. Q M. Existing Zone and General Plan Designation. Q N. Site acreage. IL SITE INFORMATION; A. General LJ 1) Approximate location of existing and proposed building and permanent structures; D 2) Location of all major vegetation, showing size and type; D 3) Location of railroads; Q 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); 9' 5) Lot lines and approximate dimensions and number of each lot; <@ 6) Lot area for each proposed lot CZ3 7) Setback dimensions for the required front, rear and side yard setbacks for all structures; D 8) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. D 9) Show site details for all recreation lots or areas (when applicable). D 10) Total building coverage for lots with proposed structures. B. Streets and Utilities Q 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) O 2) Name, location and width of existing adjacent streets and alleys. FRM003 10/92 Page 2 of 8 D D D n n n n Q m n 3) Typical street section for all adjacent streets and streets within the project. 4) Width and location of all existing or proposed public or private easements. 5) Public and private streets and utilities clearly identified. 6) Show distance between all intersections and medium and high use driveways. Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. Show access points to adjacent undeveloped lands. Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 1) Approximate contours at 1' intervals for slopes less than 5%, 2* intervals for slopes between 5% and 10%, and 5* intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2) Earthwork volumes: cut, fill, import and export. 3) Spot elevations at the corners of each pad. 4) Method of draining each lot Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. FRM003 One (1) copy of 8 1/2" x 11" reduced si 10/92 building elevations/) Page 3 of 8 O La s. One (1) copy of 8 1/2' X 11" location map (suggested scale 200' - vicinity maps on the site plan are not acceptable). 4. Environmental Impact Assessment Form (separate fee required). Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for your application. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(l) reproduced copy. (Separate fee required). Disclosure Statement (Not required for tentative parcel maps.) 7. Property Owners' J-^t and Addressed Lalx*fc THE morns? OWNERS*-IIST, ADDRESSED; itm&yua^>w& MUST BB SUBMTO0 AT THE TOE TO ATOCATiO** IS FflEp: OjliWltpTAIIVE PARCEfc MAPS FOR ALL OTHER APPLICATIONS WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP. TWO SETS OP THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. - A typewritten list of names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner) except for all Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to Section 20.24.115 of Title 20. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of subject property except for Tentative Parcel Maps which shall utilize a 300 foot radius. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 8. 600 Foot Radius Map (300 foot radius for Tentative Parcel Maps) A map to scale not less than 1" = 200* showing each lot within 600 feet of the tt'rt*Tipf boundaries of the subject property. Each of these lots shall be consecutively numbaed and correspond with the property owner's list. The scale of the map may be redaced to a scale acceptable to the Planning Director if the required scale is impractical. For Tentative Parcel Maps, a map to scale on an 8 1/2 x 11 inch sheet, showing each lot within 300 feet of die exterior boundaries of the subject project Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each including drainage basin. FRM003 10/92 Page 4 of 8 Three (3) copies of the Preliminary Tide Report (current within the last six (6) months). Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. School District letter indicating that school facilities will be available to the project Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount Statement of agreement to waive tentative subdivision map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. Constraints Map At the same scale as other exhibit (Le., Tentative maps, Site Plan, etc.). (24" x 36") folded to 8 1/2" ill" shall include the following information: (Note: this information is not required for previously graded sites and the conversion of yrfctfag structures.) If the constraint does not apply to the property, list it on the map as not applicable. D D a a a a a a a D tf a (D (2) (3) (4) (5) (6) (7) (8> (9) (10) (11) (12) Major ridge lines Distant views Internal views Riparian or woodlands Intermittent drainage course 25 - 40% slopes Slopes 40% and above Major rock outcroppings Easements Floodplains Archaeological sites Special planning areas - type of special planning area FRM003 10/92 Page 5 of 8 n (13) Biological Habitats. Indicate the location of coastal sage scrub and chaparral plant communities existing on the site D (14) Beaches C3 (15) Permanent bodies of water D (16) Wetlands *O (17) Land subject to major power transmission easements D ^ (18) Railroad track beds. 16. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or. 200 or more peak-hour vehicle trips: Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information - should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates and traffic assignment ( c) Necessary calculations and/or analysis to determine intersection and road segment levels of sendee. d) Any proposed mitigation requirements to maintain the public facility standards. e) On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average dairy vehicle trips 21200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon die complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. FRM003 10/92 Page 6 of 8 Er i;17. Noise Study consistent with the Planning Department Administrative Policy No. 17 when applicable. (See Policy #17). Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. 21. For all condominium conversions, one copy of a compliance inspection performed by the Building Department, (Separate fee required.) For all condominium and planned development projects, ten (10) copies of a preliminary landscape plan (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. ^||p|||^||||^p of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project The scale should be consistent with all other exhibits. Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Manual b. Typical plant species, quantity of each species, and their size for each planting zone in a legend (Use symbols). c. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for all areas. e. Percent of site used for landscaping. f. Water Conservation Plan. 23. For all condominium and planned development projects, ten (10) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2* x 11" size. Ktte^il^clpiii of the building elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project approval Each building elevation and floor plan shall include the following information: a. Floor plans with square footage included. b. Location and size of storage areas. FRM003 10/92 Page 7 of 8 c. All ^pdings, structures, walls and/or fences, signs and exterior lights. d. Include a scale on all floor plans and building elevations. e. Indicate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS ATTACHED.) 25. Photographs of the property taken from the north, south, east and west. s%3 26. Construction materials board and color samples (Le., roofing, exterior walls, pavement, glass, wood etc.) Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on properties designated or zoned for single family development shall be accompanied by a preliminary tentative map. This map shall illustrate how many standard lots conforming to applicable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applicable City Ordinances and Standards except for the design standards of the Planned Development Ordinance. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planned development will result in superior residential development consistent with the purpose and intent of the Planned Development Ordinance. The density on the developed- portion of the planned development site shall be similar to and compatible with surrounding development 28. Signed "Notice of Time Limits on Discretionary Applications*. \\f 29. Completed "Project Description/Explanation" sheet 30. Deposit for Publication Notices - See Fee Schedule for amount FRM003 10/92 Page 8 of 8