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