HomeMy WebLinkAbout1998-05-05; City Council; Resolution 98-138t ? e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
Resolution No 98-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT TO EXCHANGE OF LAND WITH THE PALOMAR BEACH
RESORT LLC FOR THE EXCHANGE AND SALE OF PROPERTY ALONG
CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD.
WHEREAS, the City of Carlsbad intends to adjust the alignment of Palomar Airport
road in the vicinity of Carlsbad Boulevard to improve traffic flow and circulation in the
general vicinity of the intersection of these major roads, and
WHEREAS, as the land in the vicinity of this intersection begins to develop it is in
the public interest to assure that adequate right-of-way is available for this future realignment
project, and
WHEREAS, on January 7, 1998 the Planning Commission adopted Resolution No.
4220 recommending approval of Site Development Plan (SDP) 97- 19, and on February 10,
1998 the City Council adopted Resolution No. 98-33 approving the negative declaration, site
development plan and coastal development permit for the Palomar Beach Resort
development, and
WHEREAS, Palomar Beach Resorts LLC requires a portion of public right-of-way
owned by the City to complete the construction of their project as approved in SDP 97- 19,
and
WHEREAS, the parties agree that the exchange and sale of property described in the
attached agreement will facilitate the construction of both public improvements required by
the City, and private improvements related to SDP 97-19,
1
;i
’9 I !I !I
1 I’
31
2 1
II
4 1;
51 1
61
I,
71
8 li
9 li
10 ~
l1 I
12
13
14
15 I
16
i 17 j 1
18 i
19
20 I
22 21 1
24 I 23 1
25
26
27
28
e 0
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized to execute the attached Agreement to Exchange
Land authorizing the exchange and sale of property described therein.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the 5 day of May , 1998, by the following vote
to wit:
BY THE FOLLOWING VOTE TO WIT:
AYES: COUNCIL MEMBERS HALL, NYGAARD, FINNILA
NOES: NONE
ABSENT: KULCHIN, LEWIS
ABSTAIN: NONE dd RAMONA FINNILA, MAYOR PRO TEM
ATTEST:
_D ~L-“ /I*&,, il ’ q<gPA&&”7 I v
ALETFIA L. aUTENKRANZ, CITY ‘CLERK
1 '1 t a ,. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008
I
Space above this line for Recorder's use
AGREEMENT TO EXCHANGE LAND
This Agreement to Exchange Land (llAgreernenttl) is made to be
effective as of the L day of -m hc/ , 1998, by and between the
City of Carlsbad (vlCityvt) and Palomar Beach Resort LLC, a
California limited liability company (18PalomarB1) (sometimes
together called the !#Parties, It or singularly a I1Partyv1) with
respect to the following subject matter:
if.5
Recitals
A. Palomar is the legal owner of that certain real property
legally described on Exhibit trA1l attached hereto and made a part
hereof (called here the tlTotal Palomar Property") .
B. Palomar recently requested approval from the City of Site
Development Plan SDP 97-19 (IISDP 97-1911) to allow construction of
a 162-r00m, three-story hotel on a portion of the Total Palomar
Property (the llPro j ect") .
C. The City Planning Commission on January 7, 1998 adopted
Planning Commission Resolution No. 4220 recommending approval of
SDP 97-19, subject to satisfaction of certain conditions set forth
in such Resolution No. 4220, and to approval by the Carlsbad City
Council (''City Councilll). A copy of the Resolution No. 4220 is
pall0-02\docs\exctiange.agr
March 26, 1998 1
?- 1 0 0
attached hereto as Exhibit "FI1 and made a part hereof.
D. One such condition set forth in Resolution No. 4220,
which must be satisfied, is Condition No. 34, which reads as
follows:
To construct the project, the developer must
acquire fee title property from the City along
the projectls Carlsbad Boulevard property
frontage. Additionally, the City may have to
acquire right of way for the future
realignment of Palomar Airport Road, along the
project's northerly property frontage. To
facilitate both the developer's needs and the
City's potential needs, the project is
contingent upon developer entering into an
agreement with the City for a land exchange.
Developer shall pay City cash for the value of
any land developer receives in excess of an
even trade. Developer shall prepare the draft
agreement, which shall be reviewed by the
Public Works Director/City Engineer, City
Attorney and Finance Director. The final
agreement shall be submitted to the City
Council. If the agreement is not approved by
the City Council and the land exchange is not
completed, the project cannot be constructed
as designed and all approvals shall become
pall0-02\docs\exchange.agr March 26, 1998 2
t .- I 0 e
null and void. Any engineering, surveying,
legal and financial work that must be
conducted to prepare the agreement, shall be
completed solely by the developer, including
all costs for the preparation of the agreement
itself.
E. In connection with the foregoing required land exchange
(the "Land Exchange") the City is the legal owner of, and Palomar
desires to acquire from the City, that certain real property
legally described (by metes and bounds description) on Exhibit rtB1r
attached hereto and made a part hereof (called here the "Existing
City Exchange Property"). A plat depicting the location and square
footage of the Existing City Exchange Property is attached 'hereto
as Exhibit IrP and made a part hereof.
F. Also, in connection with, and to accommodate, the
required Land Exchange, the City desires to acquire from Palomar
that certain portion of the Total Palomar Property legally
described (by metes and bounds description) on Exhibit rrD1l attached
hereto and made a part hereof (called here the "Existing Palomar
Exchange Property"). A plat depicting the location and square
footage of the Existing Palomar Exchange Property is attached
hereto as Exhibit alEvl attached hereto and made a part hereof.
G. The City and Palomar now wish to enter into a written
agreement regarding the terms and conditions of the Land Exchange.
pal10-02\docs\exchange.agr March 26, 1998 3
f 1 e 0
Now Therefore, the City and Palomar hereby agrees as follows:
1, Land Exchange. In consideration of the City's agreeing
to grant and convey to Palomar the Existing City Exchange Property
as described in Exhibits trBrr and rlC,rr Palomar agrees to
simultaneously grant and convey to the City the Existing Palomar
Exchange Property described in Exhibits I'D1* and llEst (each such
respective Property being called an "Exchange Property"), such
mutual granting and exchanging to occur upon the close of the
Escrow referred to in Paragraph 4 below.
2. Fee Title by Grant Deed. Each Party shall convey its
respective Exchange Property to the other by a grant deed which
conveys fee title absolute to the respective Property.
3. Pavment to City for Greater Value Traded. While it is
agreed that the per-square foot value of each Existing Exchange
Property is the same, it is acknowledged that the City is conveying
more total square footage of Property to Palomar (34,434-96 square
feet) than the square footage of the Property it is receiving from
Palomar (25,214.00 square feet). Accordingly, at the time the Land
Exchange is consummated, Palomar agrees to pay the City cash for
the excess in value of the Exchange Property it receives from the
City over the value of the Exchange Property it conveys to the
City. In this connection, it is agreed that the per-square foot
value of each Existing Exchange Property is $15.00; that Palomar is
receiving 9,221 (rounded) more square feet of Property from the
City than the square footage of the Property it is conveying to the
City (34,434.96 - 25,214.00); and that therefore, Palomar shall pay
pal10-02\docs\exchange.agr
March 26, 1998 4
0 0
', T
the City, simultaneously with this Land Exchange, the sum of
$138,315 ($15.00 per-square foot x 9,221 square feet) , representing
such excess in value.
4. Escrow and Closina Date. To consummate this Land
Exchange transaction, the Parties shall open an escrow (the.
lgEscrowlg) with Chicago Title Company in San Diego County (the
*'Escrow Holdervt). within five (5) days of the effective date of this
Agreement. This Land Exchange transaction shall be closed (grant
deeds recorded) as soon as reasonably practicable following:
(1) the recordation with the County of San Diego of a
Certificate of Compliance issued by the City based upon an
Adjustment Plat showing the merger of the Existing City Exchange
Property with the Total Palomar Property, less the Existing Palomar
Exchange Property being conveyed to the City; and
(2) Palomar's filing with the City all such performance
and other bonds as the City may require securing Palomar's duty to
place such off-site improvements in the Project real property
(including, without limitation, providing .roadway access to the
Solamar Mobile Estates mobilehome park) as may be required by the
City as part of Palomar's development of the Project (the **Escrow
Closing Date").
If such two events have not occurred within two (2) years
following the City Council's approval of SDP 97-19, this Agreement
shall be of no further effect, and the Escrow shall be cancelled,
unless extended at that time by mutual agreement of the parties.
pallD-02\docs\exchange.agr March 26, 1998 5
'. t 0 0
5. Title Examination.
a. Title ReDort. Within ten (10) days after the
opening of Escrow, the Escrow Holder shall obtain and deliver to
each Party a current preliminary title report for the respective
Exchange Property such Party will be receiving upon the Land
Exchange, issued by Chicago Title Company, from its office at 925
B Street, San Diego, California, 92101 ("Title Company"), together
with copies of any documents underlying any Schedule B I*exceptions"
in such report. Each Party shall then have ten (10) days in which
to examine such title report to such Property and to give written
notice ("Objection Notice") to the other Party of any reasonable
objections thereto.
b. Removal of EXCePtiOnS. If a Party does object to
any such exception(s) to title within the time period set forth
above, the Party receiving such an Objection Notice shall respond
in writing within five (5) days after receipt of such Objection
Notice, in such response either: (1) offering to remove such
exception(s) at its expense prior to the Closing Date, or, (2)
stating it is not able to, or does not intend to, remove such
exception(s). If a Party is unable or unwilling to remove such
exceptions, the objecting Party shall then have an additional five
(5) days after delivery of such notice within which to notify the
other Party in writing that it either elects to waive such
exception(s) and proceed to close this Land Exchange or terminate
this Agreement, in which latter case neither Party shall have any
further obligations under this Agreement.
. March 26, 1998 paL1O-OZ\docs\exchange.agr 6
t < e 0
6. Title Policies. As a condition to the closing of the
Escrow, the Title Company must be ready, willing and able to issue
to each Party, as of the Closing Date, an ALTA owner's policy of
title insurance on the respective Exchange Property such Party is
receiving, insuring that such Party has title to such Exchange
Property subject only to the exceptions to title approved by such
Party. The Party receiving an Exchange Property shall pay for the
costs of the survey required by the Title Company for its issuance
of the ALTA owner's policy of title insurance on such Property, and
for the cost of such title policy in excess of that which would be
changed for a CLTA owner's policy issued on such Property; and the
Party conveying such Exchange Property shall pay for the cost of
such ALTA policy up to the cost that would be charged for a CLTA
policy issued on such Property.
7. ExDenses of Aureement. All expenses and costs for
services required to prepare this Agreement, including, but not
limited to engineering, appraisal, and legal, shall be paid for by
Palomar.
8. Entire Acrreement and Modification. This Agreement
contains the entire agreement between the Parties and supersedes
all prior oral or written negotiations or agreements between them;
and it may be modified, in the future only by the written agreement
of the Parties.
9. CooReration. The Parties shall do whatever else is
necessary or reasonably advisable to carry out the terms and
conditions of this Agreement.
pall0-02\docs\exchange.agr March 26, 1998 7
# f 0 0
10. Arbitration of Disputes. In the event of a dispute
between the Parties and/or any of their successors relating to
their respective rights and duties under, or the interpretation of,
this Agreement, the Parties may, by mutual consent, cause the same
to be referred to arbitration in San Diego County, California, to
be administered by, and to be in accordance with the then
prevailing commercial rules of, the American Arbitration
Association. Otherwise, either party may pursue any other
available legal or equitable remedies,
11, Assicmabilitv and Bindinu Effect. Palomar may (and will
likely) assign its rights, and delegate its duties under this
Agreement to a new developing entity. This Agreement shall be
binding upon, and shall inure to the benefit of, all successors and
assigns to each Party to this Agreement.
IN WITNESS WHEREOF, this Agreement is executed to be effective
as of the day and year first written above.
L
Mayor
/ ktha Ot'iddenkvibz , City Clerk v
Karen R. Kundtz, Assistant City Cler
pa110-02\does\exchange.egr March 26, 1998 8
1 i e 0
PALOMAR BEACH RESORT LLC,
a California limited liability company
By: Two Seas Enterprises, Inc.,
a California corporation, its Manager
By: William DdL/ L. Canepa, Lk
President
Secretary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1 1 1 ss.
On II 14 , before me, &nr. ley, Nbtafq P NotaP+publi!,R personally appeared Aa9 A. LewiK p%k~ll~ known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal. (Seal)
Signature fI W!LL ROl&
pa110-02\docs\exchenge.agr
March 26, 1998 9
* 1 e 0
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1 1 1 ss.
On 1..\W& 31, iq?g, beforeme, g:&&fd F. pm* I
Notary Public, personally appeared William L. Canepa, 'personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal. (Seal)
Signature IU d 3 e -= - I I
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
1
) ss. 1
On 3-39'~; ,beforeme, PC \
Notary Public, personally appese!!ky& Ca:nady, k - (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal. (Seal)
Signatur
pall0-02\docs\exchange.agr
March 26, 15'98 10
G-LL A
LEGA idb ESCRIPTION OF TOTAL PAL0 I@! PROPERTY
I 9 PARCEL 1:
TXAT PART OF TIAT PCRTION OF LOT "H" OF WCIO AGUA HEDIONDA, IN THE CITY OF
CARISBAD, corn OF SAN DIEGO, STATE OF CALIFORNIA, ACCOPSING TO PARTITION MAP
TXEREOF NO. 823, FILED IN TXE OFFICE OF "HE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 6 OF SAID RANCHO, AS SHOW AND DELINEATED ON SAID MAP;
TiiENCE RUNNING NORTH 89O 59' EAST ALONG THE SOUTH LINE OF SAID RANCHO, AS SHOW
ON SAID MAP, 5317.58 FEET TO A POINT; THENCE NORTH Oo 32' WEST 1558.90 FEET;
THENCE SOUTH 89O 59' WEST ALONG A LINE PARALLEL WITH "HE SOUTH LINE OF SAID
RANCIIO TO AN INTERSECTION WITH THE WESTERLY LINE OF THE 100.00 FEET RIGHT OF
WAY AS DESCRIBED IN A DEED TO TRE ATCHISON, TOPEKA AND SANTA FE FLAIL20AD
COMPANY, RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS AND ?HE TXUE
POINT OF BEGINNING OF THE IIEREIN DESCRIBED LAND; THENCE CONTINUING SOUTH 89=
59' 00" WEST ALONG TIIE ABOVE DESCRIBED PARALLEL LINE 357.17 FEET MORE OR LESS
TO AN INTERSECTION WITH TKE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE
STATE OF CALIFORNIA, FOR FREEWAY PTTRPOSES, RECORDED JUNE 18, 1953 IN aooK
4894, PAGE 494 OF OFFICIAL RECORDS; THENCE: ALONG SAID EASTERLY LINE NORTH 17O
20' 33" WEST 305.67 FEET; ALONG A TANGENT LCURVE TO THE RIGHT WITH A RADIUS OF
212.00 FEET THROUGH AN ANGLE OF 43O 20' 33" A DISTANCE OF 160.37 FEET; AND
NORTH 26O 00'00" EAST 107.95 FEET TO THE SOUTHERLY LINE OF PALOMAR AIRPORT 20P
(R.S. 1534) AS DESCRIBED IN DEED RECORDED DECZMEER 7, 1959, AS DO- NO.
251738 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87O 50' 23"
EAST TO THE WESTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT RAILROAD RIGHT OE
WAY; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO TFE TRUE POINT OF
BEGINNING.
PARCEL 2:
THAT PART OF THAT PORTION CF'LOT "HI' OF RANCHO AGUA KEDIONDA, ACCORDING TO
PARTITION MAP NO. 823, FILED IN T3E OFFICE OF THE COUNTY RECORDER OF SAN DIEGC
COUNTY, NOVEMBER 16, 1896, AS SAID PORTION WAS CONVEYED TO THE STATE OF
CALIFORNIA BY PARCEL 2 OF DEED RECORDED JUNE 18, 1965, FILE NO.. 108756, SAN
DIEGO COUNTY OFFICIAL RECOF?.!lS AND BY DEED RECORDED JUNE 18, 1953, BOOK 4894,
PAGE 494 OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID PART HEREBY CONVEYED
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON "HE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOWN ON
SHEET 3 OF STATE HIGHWAY MAPNO. 59 RECORDED SEPTEMBER 2, 1966, FILE NO.
144347 OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID POINT ALSO BEING THE
SOUTHERLY TEIZMINUS OF COURSE 9 AS DESCRISED IN DEED TO THE STATE OF CALIFORNIi
. RECORDED JUNE 18, 1953, BOOK 4694, PAGE 494 OF SAN DIEGO COUNTY OFFICIAL
RECORDS; THENCE ALONG THE FOLLOWING NUMBERED COURSES: (1) ALONG SAID
RELINQUISHMENT BOUNDARY, NORTH 1l0 49' 19" VaT, 68.46 FEET; (2) CONTINUING
ALONG SAID BOUNDARY SOUTH 66O 14' 37" EAST, 185.97 FEET TO THE NORTH LINE OF
PALOMAR AIRPORT ROAD As DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS FILE
NO. 251738 OF SAN DIEGO COUNTY OFFICIAL RECORDS; (3) LEAVING SAID
RELINQUISHMENT BOUNDARY AND ALONG SAID NORTH LINE OF PALOMAR AIRPORT ROAD,
NORTH 87O 50' 23" WEST, 175.31 FEET TO A POINT ON COURSE (8) OF SAID DEED TO
THE STATE OF CALIFORNIA, RECORDED JUNE 18, 1953; (4) ALONG SAID COURSE (8)
NORTH 81° 49' 10" WEST, (RECORD NORTH 82O 27' 51" WEST) , 9.15 FEET TO THE POI1
OF BEGINNING.
EXHIBIT "A"
(Page 1 of 2)
9
, PARCEL 3: 0 0
3EGINNING AT THE POINT OF BEGINNING OF HEREINABGVE DESCRIBED PARCEL 2; THENCE
ALONG THE BOUNDARY OF SAID PARCEL 2, SOUTH 8l0 49' 10" =T, (RECORD SOUTH 820
27' 51~1 EAST), 9-15 FEET; THENCE LEAVING SAID aommy AND CONTINUING ~0u-m 81
49' 10" EAST, FOR A DISTANCE OF 97.47 FEET; THENCE SOUTH 89O 18' 23" EAST,
(RECORD SOUTH 89O 56' 26" EAST), 41.00 FEET; THENCE SOUTH Oa 41' 37" WEST,
(RECORD SOUTH Oo 03' 34" WEST) 60.00 FEET; THENCE NORTH 89O 18' 23" WEST,
(RECORD NORTH 89O 56' 26" WEST), 41.00 FEET; THENCE SOUTH 612 21' 24" 'VEST,
(RECORD SOUTH 60° 44' WEST), 33.87 FEET; THENCE SOUTH 26O 36' 46" WEST, 107.6t
FEET (RECORD SOUTH 26O 00' 00" WEST, 107.95 FEET); THENCE SOUTHERLY ALONG A
TANGENT CURVE CONCAVE -TO THE EAST WITE A wrus OF 211.99 FEET (RECORD 212
FEET) THROUGH AN ANGLE OF 34O 14' 43", A DISTANCE OF 126.11 FEET TO SAID
BOUNDARY OF RELINQUISHMENT NO. 14749 HEREINABOVE DESCRIBED ?fl PARCEL 1; mc1
ALONG SAID BOUNDARY NORTH 7O 37' 57" WEST, 204.32 FEET'AND NORTH LOo 54' 30"
EAST, 110.25 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
THAT PART OF THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MA
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOWN ON
SHEET 3 OF STATE OF HIGHWAY MAP NO. 59, RECORDED SEPTEMBER 2, 1966, FILE NO.
144347 OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID POINT US0 BEING THE
SOUTHERLY TERMINUS OF COURSE 9 AS DESCRIBED IN DEED TO THE STATE OF CALIFORNI
=CORDED JUNE 18, 1953, BOOK 4894, PAGE 494 OF OFFICIAL RECORDS; SOUTH 81O 49
10" EAST, (RECORD SOUTH 62O 27' 51" EAST) , 9.15 FEET TO THE TRUE POINT OF
, BEGINNING; THENCE CONTINUING SOUTH 81O 49' 10" EAST, FOR A DISTANCE OF 97.47
FZET; THENCE SOUTH 89O 18' 23" EAST, (RECORD SOUTII 89O 56' 26" EAST) 41.00 FI
THENCE SOUTH Oo 41' 37" WEST, (RECORD SOuTIi O' 03' 34" WEST), 60.00 FEET; THI
NORTH 890 18, 2311 WEST, (RECORD NORTH a90 56' 2611 WEST) 41.00 FEET; TEENCE s(
61O 21' 24" WEST, (RECORD SOUTH 60° 44' WEST) 33.87 FEET; THENCE SOUTH 26O 31
46" WEST TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD (R.S. 1534) AS
DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS DOCUMENT NO. 251738 OF
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87O 50' 23" EAST TO
THE WESTERLY LINE OF THG ABOVE DESCRIBED 100.00 FOOT RAILROAD RIGHT OF WAY;
THENCE NOR??IWESTERLY ALONG SAID RIGHT OF WAY LINE TO THE NORTHWESTERLY TO TH
NORTHERLY LINE OF SAID PALOMAR AIRPORT ROAD; THENCE WESTERLY ALONG SAID
XORTHERLY LINE TU THE TRUE POINT OF BEGINNING.
EXH IB IT It A I'
(Page 2 of 2) 10
I 1 * =IT “B” e
LMaL DESCRDTIa (3’ EXLSITNG
- cm - PrnPmrY
THAT PART OF THAT PORTION OF LOT “H’ OF RANCHO AGUA HEDIONDA IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS
FOLLOWS:
BEGINMNG AT CORNER NO. 6 OF SAID RANCHO, AS SHOWN AND DELNEATED ON
SAID MAP; THENCE RUNNTNG SOUTH 89O25’20” EAST (NORTH 89°59700” EAST PER
DEED TO PALOMAR BEACH RESORT, LLC, A CALIFORNIA LIMITED LIABILITY
OFFICIAL RECORDS) ALONG THE SOUTH LINE OF SAID RANCHO, AS SHOWN ON
00°32’00” WEST PER SAID DEED TO PALOMAR BEACH RESORT) 1558.90 FEET;
THENCE NORTH 89’25’20’’ WEST (SOUTH 89’50’00’’ WEST PER SAID DEED TO
PALOMAR BEACH RESORT) ALONG A LINE PARALLEL WITH THE SOUTH LINE OF
SAID RANCHO TO AN INTERSECTION WITH THE WESTERLY LINE OF THE 100.00
FEET RIGHT OF WAY AS DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND
SANTA FE RAILROAD COMPANY, RECORDED MARCH 10,1881 IN BOOK 38, PAGE
171 OF DEEDS; THENCE LEAVTNG SAID PARALLEL LINE NORTHWESTERLY ALONG
SAID WESTERLY LINE OF SAID 100.00 FEET RIGHT OF WAY NORTH 22’29’23” WEST
555.00 FEET; mCE LEAVING SAID WESTERLY LINE NORTH 73°47’11” WEST
267.90 FEET TO A POINT ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS
SHOWN ON SHEET 3 OF STATE HIGHWAY MAP NO. 59 RECORDED SEPTEMBER 2,
1966 AS FILE NO. 144347 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE
POINT OF BEGINMNG, THENCE SOUTHERLY ALONG SAID RELINQUISH”
BOUNDARY SOUTH 10’53’51” WEST (SOUTH 10°54’30” WEST PER SAID DEED TO
PALOMAR BEACH RESORT) 55.00 FEET; THENCE CONTINUING SOUTHERL’Y ALONG
SAD RELINQUISHMENT BOUNDARY SOUTH 07O36’33” EAST 204.23 FEET (SOUTH
07’37’57’’ EAST 204.32 FEET PER SAID DEED TO PALOMAR BEACH RESORT) TO THE
BEGINMNG OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
21 1.99 FEET (212.00 FEET PER SAID DEED TO PALOMAR BEACH RESORT) SAID
BEGINNING OF CURVE BEING A POINT ON THE EASTERLY LINE OF LAND
DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, FOR FREEWAY PURPOSES,
RECORDED JUNE 18, 1953 IN BOOK 4894, PAGE 494 OF OFFICIAL RECORDS; THENCE
ALONG SAID EASTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 09’46’39” A DISTANCE OF 36.18 FEET TO THE
COMPANY, RECORDED MAY 7, I996 PER DOCUMENT NUMBER 1996-0230216 OF
SAID MAP, 53 17.58 FEET TO A POINT; THENCE NORTH 00~01740” EAST (NORTH
BEGINNING OF A NON-TANGENT LINE, A RADIAL LINE BEARS SOUTH 72’36’48’’
EXHIBIT “B”
(Page i or 2)
e’ . e 0
WEST; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE SOUTH
16’44’53’’ EAST (SOUTH 17’20’33” EAST PER SAID DEED TO PALOMAR BEACH
RESORT) 226.35 FEET TO A POINT ON SAID EASTERLY LINE 78.87 FEET FROM THE
INTERSECTION OF SAID EASTERLY LINE WITH THE SAID PARALLEL LINE OF THE
SOUTH LINE OF SAID RANCHO; THENCE LEAVING SAID EASTERLY LINE SOUTH
88’42’21” WEST 55.56 FEET TO THE BEGMMNG A TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3 1’06’52’’ A
Ll3K BEARS SOUTH 29’49’ 13” WEST; THENCE NORTH 16’44’53’’ WEST 170.00 FEET;
THENCENORTH 01’35’07’’ WEST 51,25 FEET; THENCE NORTH 12’04’16” WEST 328,12
FEET; THENCE SOUTH 73O47’ 1 1” EAST 101.93 FEET TO THE TRUE POINT OF
BEGINNING.
AREA= 34434.96 SQ FT 0.7905 ACRES MORE OR LESS
DISTANCE OF 13,58 FEET TO THE BEGINNING OF A NON-TANGENT LINE, A RADIAL
m DOUGLAS R. MEL~HIOR, P.L.S.
L.S. #4611
REGISTRATION EXPIRES 9-30-98
mmrr lwl
(Page 2 of 2)
I -I EXHIBIT "C"
I' I &EPICPING LOCATICN AND SQUARl3 &GI3 OF
\ FxlSTING CITY EXCHANGE PFOPERFY GRAPHIC SCALE
\ 50 0 50 I50
SCALE I" = 100 FEET
LO 6637
5 29'49'13" W(R1 -
5 1 '17'39" €(R)
(5 09 "5O'OV' W P€Q DO)
N-09 "25'Z//"W- 357.14' \
SHEET 1 of 2 SHEETS
REOCFSTED t3C
PAL QMAR BEACH RES0RI;il C A.P.N. 210-100-05/06/1
829 SECOND STRE€[ SUITE A
ENClnW TAS, CA. 92024 1.S 4611 [XI? 9-30-f98
-
mIBIT "C" DATE 2-17-98 - IParrp a 1 nf 31
[,(yfr f.:HECI( MCJDii mH 1:'
P, - c -(.i.i v 'I'ItIAV 5 10 53 5 F i.4 5 5 . 0 0 0
I?/ 4
2 1.3 '1' RA V ..I 7 36 33 E ;I)4 . 2:3 *? r-, -
RJI.DIAZ; :: ;72 23 2'7 FI
DEL'I'A 9 ~t; w rx
'> 1- 1. . !W
TAN 18. s3
1,-mc .J - . 1.3 RADIAL 5 72 36 49 w
IUD I us I-,
9 6
41 4 (XORD s 12 29 52 1: 36.13
7'AlW''l' 5 1'7 23 1.2 E
148 'TRAV s 16 44 53 ' E .i. c. 8 . 35 . ', I .,
.! 4 4 II'ERV
EZHLJI AL Dl7IoTA RAI! T. r_l ff
TAN L-AICC RADIAI,
143 CHOW
FD :3 .'4 1'1' C:CE:
pr} :3 ..:
:3 38 42 2: .I. !.I 5 5 . 5 t':
:< J. 1'7 33 E
25 - 00
6-96
13.58 s 29 49 13 W
N '75 44 13 W 13.41
3 i. ot3 x rr
TAN@PT M 60 10 4'7 w
i4 1 "C 134 v M 16 44 53 w 1'0 . i>o
: 40 TRAV N 1 35 07 W 5 1 - 25
139 TRAV N 12 04 16 w 325. 1.2
!3R frrw s '73 47 11 E 101.93
."_.~"""""""""""""""~"""""""~"""~""""""""--. ."_"""~"""""""~"""""~"""""""""""""""""""-.
LAT 1L. DE€' -0.0080 0.0002
:o 3 HCLOSE S 1 33 58 E o. 01 349371 I 5~589 ~7057~1.1864 PHEC = 1 TO 154385 Area = 34434.96 sq ft 0 - 79052 5.2
EXHIBIT "C"
(Page 2 of 3)
EASlS OF BEARfNQ
THE BASIS OF BEARING FOR THIS SURVEY IS A POR TlON OF THE NEW A. E. LINE
(CEN TERIINE OF A VENIDA ENCINAS) AS SHOWN ON ROS 14619
I.€. N 11'53'32" E LECEND m AREA OF EXISTING
CITY "a
MCAL DESCRff TfOX
PORTION OF LOT "H" 0.7905 ACRES OF RANCHO AOUA HEDIONDA 3443496 SQ F' PER MAP 823 MORE OR LESS
=PmPER!m
I
(A) = R4RfAL B'ARfNC
(00) = DEED TO PALOMAR BEACH RESORE LLC
A CALf'ORNfA LfMlTED LfABfiWY CUMPAA
RECORDED MAY Z 1996 PER DOCUMENT
#t996423U216 OF O.R. t ""-E
57'31 PALMER WAY, SUITE G L.S. 4611
CARLSBAD. CALIFORNIA 92008
JNI (618) RQ 1SW-IDWG 438-1726 DATE FAX (619) 2/16/98 488-2991
SHET 2 OF 2 SHEEl
REQUESTED B C Doll2 s R. EL IoR PALOMAR BEACH RESORt LLC
E L-D Bt
829 SECOND STREEI; SUIIE A . EXHTBIT "C" DA TE 2- 17- 98 ENGrNITAS, CA. 92024 (Page 3 of 3) L.S. 4611 PXP. '9-30-BB
3rYJ A. P.N. 210- /0&05/06L
a -IT “D” 0
LEGAL Dmm’’OF EXISTING
PAImm McFiANGE PFmEKE
THAT PART OF THAT PORTION OF LOT “H’ OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DEW, STATE OF CALIFORNIA,
ACCORDING TO PARTITION MAP THEREOF NO. 523, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS
FOLLOWS:
BEGINNING AT CORNER NO. 6 OF SAID RANCH0;AS SHOWN AND DELINEATED ON
SAID MAP; THENCE RIJNNNG SOUTH 89O25’20” EAST (NORTH 89°59’00” EAST PER
DEED TO PALOMAR BEACH RESORT, LLC, A CALIFORNIA LIMITED LIABILITY
OFFICIAL, RECORDS) ALONG THE SOUTH LINE OF SAID RANCHO, AS SHOWN ON
SAID MAP, 53 17.58 FEET TO A POINT; THENCE NORTH 00°01’40” EAST (NORTH
00’32’00” WEST PER SAID DEED TO PALOMAR BEACH RESORT) 1558.90 FEET;
THENCE NORTH 89’25’20” WEST (SOUTH 89°50y00” WEST PER SAID DEED TO
PALOMAR BEACH RESORT) ALONG A LINE PARALLEL WITH ‘IRE SOUTH LINE OF
SAID RANCHO TO AN INTERSECTION WITH THE WESTERLY LINE OF THE 100.00
FEET RIGHT OF WAY AS DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND
SANTAFE RAILROAD COMPANY, RECORDED MARCH 10,1881 IN BOOK 38, PAGE
171 OF DEEDS; THENCE LEAVING SAID PAR4LLEL LINE NORTHWESTERLY ALONG
S.An> WESTERLY LINE OF SAID 100.00 FEET RIGHT OF WAY NORTH 22’29’23” WEST
555.00 FEET TO A POINT HEREINAFTER REFEREED TO AS POINT “A“; THENCE
LEAVING SAID WESTERLY LINE NORTH 73’47’11” WEST 267.90 FEET TO A POINT
ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOWN ON SHEET 3 OF
STATE HIGHWAY MAP NO. 59 RECORDED SEPTEMBER 2,1966 AS FILE NO. 144347
OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE NORTHERLY ALONG SAID RELINQUISHMENT BOUNDARY NORTH
10’53’5 1” EAST (NORTH lO”54’30” EAST PER SAID DEED TO PALOMAR BEACH
RESORT) 55.24 FEET TO A POINT ON SAZD RELINQUISHMENT BOUNDARY, SAID
POINT ALSO BEING THE SOUTHERLY TERMINUS OF COURSE 9 AS DESCRIBED IN
DEED TO THE STATE OF CALIFORNIARECORDED JUNE 18,1953, BOOK 4894, PAGE
494 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID
RELINQUISHMENT BOUNDARY NORTH 11°53’13y’ EAST 68.47 FEET (NORTH
11’49’19” EAST 68.46 FEET PER SAID DEED TO PALOMAR BEACH IRESORT); THENCE
CONTIMJING ALONG SAID RELINQulSHMENT BOUNDARY SOUTH 66’13’3S’ EAST
. (SOUTH 66’14’37” EAST PER SAID DEED TO PALOMAR BEACH RESORT) 202.51 FEET
TO THE SAID WESTERLY LINEi OF SAID 100.00 FEET RIGHT OF WAY TO ATCHSON,
TOPEKA AND SANTA FE RAILROAD COMPANY; THENCE LEAVING SAID
COMPANY, RECORQED MAY 7,1996 PER DOCUMENT NUMBER 1996-0230216 OF
EXHIBIT ”D”
(Page 1 of 2)
0 0
RELINQUISHMENT BOUNDARY SOUTHERLY ALONG SAID WESTERLY LINE OF
SAID 100.00 FEET RIGHT OF WAY SOUTH 22O29’23’’ EAST 123.83 FEET TO AFORE
SAID POINT “A”; THENCE LEAVING SAlD WESTERLY LINE NORTH 73O47’ 1 1” WEST
267.90 TO THE TRUE POINT OF BEGINMNG.
AREA= 25214.00 SQ FT. 0.5788 ACRES MORE OR LESS
REGISTRATION EXPIRES 9-30-98
A:’>., 6 ,/S\Oy!$R9$ :cy “.p* t.,;;, ’$*. . (!;[ ;j61r 3
* $.. iz kfT-j;i9 -
..
EXHIBIT “D” (Page 2 of 2)
EXHIBIT "E"
La 3837
(5 09"50'0U' W PEP DO)
N-09 '25 2P-M- 357.14'
\
SHEET 1 of 2 SHE€ E
" REO1 JESTED 8 t
PALLMAR BMH RESORCLLC
PREPARED BE
829 SECOND STREEt SUITE A
fNChVITAS, (:A. 92024
MHIBIT "E" B[7.3 A.P.N. 210-100-05/N/
OA TE 2- 17- 98 Page 1 of 3) 1.S 461 €Xi? 9-3Q-98
" \
0 . \\
0 E {
BASXS OF BEARfN62
THE 6'ASIS OF BEARING FOR THIS SURVEY
(EN KRLINE OF A KNOA ENCINAS) AS ShOW ON ROS 14619
I
IS A PORTION OF mc NEW A. E. LINE
I.€. N 11 '53'32" E LECEID
LICA'L DESCRf'TfOM
PORTION OF LOT "H" OF RANCHO AQUA HEDIONDA PER MAP 823
1 (2 @ [lpgJ&g8 NO. 4611 8 2
4@cr- @@+v
m AREA OF EXISTING = .PALQE.IIpIR MCHANGE
0.5?88 ACRIS
25214.00 SQ FI: MORE OR LESS
PROPERE
fR) = fUDfAL BEARfNG
("D) = DE8D TO PALOMAR BEACH RESORE LLC
A CALfFORNfA LfMlTED LfABfXfW COMPAN
RECORDED MAY Z 1996 PER DOCUAlENT
j'l996-0230216 OF O.R.
0- tbllmCwrn"~E)
5731 PALMER WAY, SUITE G L.S. 4611
CARLSBAO, CALIFORNIA 92008
JN 1583-1.DWG DATE 2/15/98 (e191 438-1726 FAX (61~) 488-a~~ Q
I 1
" I I SHEET 2 of 2 SHEETS -~ REQUESTED 13 t
829 S..COND STREE I; SUITE A DA TE 2- 17-98- EXHIBIT "E" PALQUAR BEACH RESORtLLC A.P.N. 210- 100-05/06/
FNCINITAS, CJ. 92024 (Page 2 of 3)
" \
0 e
1
LOT CHECK MODE ENARLETJ io3 1s mv N IO 53 51 E 55.24
I .L2 TRAV N 11 53 13 E 68.47
LO9 THAV s 613 3.3 35 E 202 . 5 .j
BT,, 3 ,:-q [[(:E>!!
p'p 3 '4IP 1
l+!
I?<) TRAV ;< 22 29 23 E 1.23 . R:3
3 0 4. TRAV N 73 47 11 W 267 - :x)
_"__""""""""""""~"""""~""""""~""""_ ."_"~""""""""""""""""""""""""""""""""""~ """"""".
LAT & ITEP 0 -0 00 7 0 ~ 00 4 R
30 3 IICLOSE N R 1 413 3 1 E 0 - (lo 3493'7 1 -5689 1 6'i7f15't'3 ~ 1 Rd.1 FHEC = 1 TO 1..?16565 Area. = 252 14 -00 sq ft o - 57nm ac
E3MIBI'I' "E" (Page 3 of 3)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
27
18
19
20
21
22
23
24
25
26
27
28
0 EXHIBIT “F”
.. *. 0
RESOLUTI6N NO. 4220
PLAMNG COMMISSION RESOLUTION NO. 4220
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
19 TO ALLOW THE CONSTRUCTION AND OPERATION OF
A 162 UNIT HOTEL ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF CARLSBAD .
BOULEVARD AND PALOMAR AIRPORT ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: PALOMAR BEACH RESORT
CASE NO.: SDP 97- 19
WHEREAS, Palomar Beach Resort, LLC, “Developer“, has filed a verified
application with the City of Carlsbad regarding property owned by Palomar Beach Resort,
LLC, “Owner”, described as
APPROVAL OF A SITE DEVELOPMENT PLAN NO. SDP 97-
A portion of Lot “E” of Rancho Aqua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to partition map thereof no. 823, filed in the Office of the
County Recorder of San Diego County, November 16,1896
(“the Property’T; and
WHEREAS, said verified application constitutes a request for a Site Developmen1
Plan as shown on Exhibits “A” - “0” dated January 7, 1998, on file in the I?lanning
Department, Site Deveiopment Plan SDP 97-19 as provided by Chapter 21.06 of the Carlsbac
Municipal Code; and *
WHEREAS, the Planning Commission did, on the 7th day of January, 1998
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimon:
and arguments, if any, of all persons desiring to be heard, said Commission considered all factor
relating to the Site Development Plan.
WHEREAS, the City Council adopted Urgency Ordinance NS-424 on Octobe
15, 1997, which requires all pending and future commercial projects within the area covered b
EXHIBIT “F”
(Page 1 of 13)
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a 0
Urgency Ordinance NS-424 and subject to Planning Commission review shall be required tc
undergo City Council review and approval regardless of current zoning ordinance regulation:
regarding review and approval of land use entitlements.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannini
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of a Site Development Plan, SDP
97-19 based on the following findings and subject to the following conditions:
Findinw
1. That the requested use is properly related to the site, surroundings and environmenta
settings, is consistent with the various elements and objectives of the General Plan. wil
not be detrimental to existing uses or to uses specifically permitted in the area in whicl
the proposed use is to be located, and will not adversely impact the site, surrourldings o
traffic circulation, in that adequate buffers are provided adjacent to the neighborin;
residential area, no significant vistas being occluded by the hotel and safe parkin:
and circulation facilities are being provided or .are conditioned to be provided.
2. That the site for the intended use is adequate in size and shape to accommodate the use, i
that the hotel building, parking, circulation and landscaping can fit within the futur
size of the site, including all future dedications for Palomar Airport Road ani
Carlsbad BouIevard.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjw
the requested use to existing or permitted future uses in the neighborhood will b
provided and maintained, in that the hotel is setback 50 feet OF more from th
Carlsbad Boulevard travel lanes and 80 feet or more from the adjacent mobile horn
park, and privacy walls and landscaping buffers are being provided.
4. That the street systems serving the proposed use is adequate to properly handle all traffi
generated by the proposed use, in that the arterials .of Carlsbad Boulevard an
Palomar Airport Road can accommodate the 1,296 additional average daily traffl
trips generated by the project.
5. The Planning Commission of the City of Carisbad has reviewed, analyzed an
considered the Negative Declaration, the environmental impacts therein identified for th
project and any comments thereon prior to RECOMMENDING APPROVAL, of tl
project. Based on the EIA Part I1 and comments thereon, the Planning Commissio
EXHIBIT "F"
PC RES0 NO. 4220 (Paue 2 of 13)
II
, 0 0
1
7 -
3
4
5
6
7
8
9
10
11
12
1;
14
15
16
17
18
19
20
21
22
23
24
25
26
finds that there is no substantial evidence the project will have a significant effect on tl
environment and thereby RECOMMENDS APPROVAL of the Negative Declaration.
6. The Planning Commission finds that the Negative Declaration reflects the independe
~ judgment of the Planning Commission of the City of Carkbad.
~ 7. The Planning Commission finds that:
l
a. the project is a Subsequent Project;
b. the project is consistent with the City of Carkbad General Plan;
c. there was an EIR certified in connection with the 1994 update of the City
General Plan (GPA 94-01/MEIR 93-01);
d. the project has no new significant environmental effect not analyzed as significa
in the Master Environmental Impact Report for the 1994 General Piz
Update (MEIR 93-01);
e. none of the circumstances requiring Subsequent or a Supplemental EIR und
CEQA Guidelines Sections 15 162 or 15 163 exist;
8. The Planning Commission finds that all feasible mitigation measures or proje
alternatives identified in the Master Environmental Impact Report for the 19!
General Plan Update which are appropriate. to this Subsequent Project have bet
incorporated into this Subsequent Project.
9. The Planning Commission finds that the project, is in conformance with the Elemen
of the City's General Plan,.based on the following:
a. Land Use - the site is designated for TraveYRecreational uses such as hotel.
b. Circulation - the project is conditioned to dedicate necessary right-of-way ar
participate in future street improvements. 1
c. Housing - the project is conditioned to pay, if adopted, a non-residenti
housing impact fee (Iinkage fee).
d. PubIic Safety - the project will comply with the Uniform Building Code a1
State seismic standards.
10. The project is consistent with the City-Wide Facilities and Improvements Plan, ti
appiicabie local facilities management plan and all City public facility policies a
ordinances since:
27
28 PC RES0 NO. 4220
E)[HIBIT "F"
(Page 3 of 13)
It 0 0
1
2 - 3
4
5
a. The project has been conditioned to ensure the building permits will not be issuf
for the project unless the District Engineer determines that sewer service
available, and building cannot occur within the project unless sewer servis
remains available, and the District Engineer is satisfied that the requirements
the Public Faciiities Element of the Generai Plan have been met insofar as rh
apply to sewer service for this project.
b. All necessary public improvements have been provided or are required
conditions of approval.
6 II
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c. The Developer has agreed and is required by the inclusion of an 'nppropri;
condition to pay a public facilities fee. Performance of that contract and payme
of the fee will enable this body to find that public facilities will be availat
concurrent with need as required by,the General Plan.
11. The project has been conditioned to pay any increase in public facility fee. or ne
construction tax, or development fees, and has agreed to abide by any addition
requirements established by a Local Facilities Management Plan prepared pursuant
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability I
public facilities and will mitigate any cumulative impacts created by the project.
12. This project has been conditioned to comply with any requirement approved as part of tl
Local Facilities Management Plan for Zone 22.
13. The Planning Commission has reviewed each of the exactions imposed on the Develop
contained in this resolution, and hereby fmds, in this case, that the exactions are impost
to mitigate impacts cause by or reasonably related to the project, and the extent and tl
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Si
Development Plan for the project entitled Palomar Beach Resort (Exhibits ".A" - "C
dated January 7, 1998, on file in the Planning Department and incorporated by th
reference, subject to the conditions herein set forth.) Staff is authorized and directed 1
make, or require Developer to make, all corrections and modifications to the Si
Development Plan documents, as necessary, to make them internally consistent and :
conformity with final action on the project. Development shall occur substantially i
shown in the approved Exhibits. Any proposed development substantially different fro
this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and loc
ordinances iiieffect at the time of building permit issuance.
3. The Developer shall provide the dity with a reproducible 24" x 36", mylar copy of tl
Site Plan as approved by the final decision making body. The Site Plan shall reflect tl
conditions of approval by the City. The Plan copy shall be submitted to, the Ci
PC RES0 NO. 4220 EXHIBIT "F 'I (Page 3 of 13)
II
.. ll 0 a
1
b 3
3
4
Engineer and approved prior to building, grading, final map, or improvement pia
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan check.
reduced legible version of the approving resolutions on a 24" s 36" blueline drawin:
Said blueline drawings shall ais0 include a copy of any applicable Coastal Developme1
Permit and signed approved site plan.
5 It
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. Building permits will not be issued for development of the subject property unless tt
District Engineer determines that sewer facilities are available at the time of applicatic
for such sewer permits and will continue to be available until time of occupancy.
6. The DeveIoper shall pay the public facilities fee adopted by the City Council on July 2
1987, (amended July 2, 1991) and as amended from time to time, and any developme;
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municip;
Code or other ordinance adopted to implement a growth management system or Facilitie
and Improvement Plan and to fulfill the subdivider's agreement to pay the publi
facilities fee dated December 24,1996, a copy of which is on file with the City Clerk an
is incorporated by this reference. If the fees are not paid, this application will not b
consistent with the General Plan and approval for this project will be void.
7. This project shall comply with all conditions and mitigation measures which are require
as part of the Zone 22 Local Facilities Management Plan and any amendments made t
that Plan prior to the issuance of building permits.
8. If any condition for construction of any public improvements or facilities, or the payme1
of any fees in-lieu thereof, imposed by this approval or imposed by law on this residenti;
housing project are challenged this approval shall be suspended as provided i
Government Code Section 66020. If any such condition is determined to be invalid th
approval shall be invalid unless the City Council determines that the project without tk
condition complies with all requirements of law.
9. Approval of SDP 97-19 is granted subject to the approval of CDP 97-40. SDP 97-19 i
subject to all conditions contained in Planning Commission Resolution No. 4221 fc
CDP 97-40.
10. Prior to the issuance of the building or grading permit, whichever occurs firs
Developer shall submit to the City a Notice of Restriction to be filed in the office of th
County Recorder, subject to the satisfaction of the Planning Director, notifying a
interested parties and successors in interest that the City of Carlsbad has issued a Sir
Development Plan by Resolution No. 4220 on the real property owned by the Develope
Said Notice of Restriction shall note the property description, location of the fil
containing complete project details and all conditions of approval as well as an
conditions or restrictions specified for inclusion in the Notice of Restriction. Tk
Planning Director has the authority to execute and record an amendment to the notic
~
EXHIBIT "F" PC RES0 NO. 4220 (Page 5 of 13)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
which modifies or terminates said notice upon a showing of good cause by tile r>evelopc
or successor in interest.
~ 11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate
pursuant to City standards. Location of said receptacles shall be approved by tt
the satisfaction of the Planning Director.
I , Planning Director. Enclosure shall be of similar colors andor materials to the project I
12. An exterior lighting plan including parking areas shall be submitted for Planning Directc
approval. All lighting shall be designed to reflect downward and avoid any impacts o
adjacent homes or property.
13. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. I
such instance a storage plan will be submitted for approval by the Fire Chief and th
Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in conformance wit
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plan
shall be submitted to and approval obtained from the Planning Director prior to th
approval of the final map, grading permit, or building permit, whichever occurs first. Th
Developer shall construct and install ail landscaping as shown on the approved plans, an
maintain all landscaping in a healthy and thnving condition, free from weeds, trash, an
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompanied by th’
project’s building, improvement, and grading plans.
16. Building identification and/or addresses shall be placed on all new and existing building
so as to be plainly visible from the street or access road; color of identification ando
addresses shall contrast to their background color.
17. The Developer shall provide bus stops to service this development at locations and wit
reasonable facilities to the satisfaction of the North County Transit District and th
Planning Director. Said facilities, if required, shall at a minimum include a bench, fie
from advertising, and a pole for the bus stop sign. The bench and pole shall b
designed to enhance or be consistent with the basic architectural theme of th
project.
18. The developer is aware that the City is preparing a non-residential housing impact fel
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant i
hrther aware that the City may determine that certain non-residential projects may hav
to pay a linkage fee, in order to be found consistent with the Housing Element of th
General Plan. If a linkage fee is established by City Council ordinance and/or resolutio:
and this project becomes subject to a linkage fee pursuant to said ordinance ando
resolution, then the Developer, or his/her/their successor(s) in interest shalJ. pay th
linkage fee. The linkage fee shall be paid at the time of issuance of building permit?
PC RES0 NO. 4220 EXHIBIT ”F” (Page 6 of 13)
I 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
except for projects involving a request for a non-residential planned development for 2
existing development, in which case, the fee shall be paid on approval of the final mal
parcel map or certificate of compliance, required to process the non-residential PUI
whichever pertains. If linkage fees are required for this project. and they are not paid. tl1
project will not be consistent with the General Plan and approval for this project wi
become null and void.
Engineering:
Note: Unless specifically stated in the condition, all of the following Engineering conditio11
must be satisfied prior to the issuance of building permits.
19. Prior to hauling dirt or construction materials to or from any proposed construction si1
within this project, the developer shall submit to and receive approval from the Cit
Engineer for the proposed haul route. The developer shall comply with all conditions an
requirements the City Engineer may impose with regards to the hauling operation.
20.
21.
The developer shall provide for sight distance corridors at the project driveway i
accordance with Engineering Standards and the Site Plan and Preiiminary Landscap
Plan; and, shall record the following statements on the mylar Preliminary Landscap
Plan:
1. “Mature vegetation within the site line area of the intersection shall be n
greater than 30” in height or have a canopy no less than 8’ in height.”
2. ”No structure, fence, wail, sign, or other object over 30 inches above the stree
level shall be placed or permitted to encroach within the area identified as
sight distance corridor in accordance with City Standards and the Site PIal
and preliminary Landscape PIan. The underlying property owner shal
maintain this condition.”
The property owner shall pay a one-time special development tax in accordance with Ci?
Council Resolution No. 91-39.
22. The developer shall pay all current fees and deposits required.
23. The owner of the subject property shall execute an agreement holding the City harmles
J
regarding drainage across the adjacent property.
24. The owner shall enter into a lien contract for the future public improvement of Paloma]
Airport Road (PAR) and Carlsbad Boulevard along the project frontage for half stree
improvements to major arterial standards. The developer is not required tc
improve the PAR bridge and cost estimates for the PAR bridge shall not be includec
in the future improvement agreement (FIA). Public improvements shall include, bu
not be limited to, paving, base, sidewalks, curbs and gutter, medians, grading, clearinl
and grubbing, under-grounding or relocation of utilities, sewer, water, fire hydrants, stree
lights and retaining walls.
EXHIBIT “F” PC RES0 NO. 4220 (Page 7 of 13)
I1
I 0 0
1
3 -
3
4
chemical treatments shall meet Federal, State, County and City requiremen
as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surfi
pollutants when planning any changes to the landscaping and surf:
improvements.
5 22. Plans, specifications, and supporting documents for all public improvements shall 1
6 prepared to the satisfaction of the City Engineer. In accordance with City Standards, tl
developer shall install, or agree to install and secure with appropriate security as providc
7 by law, improvements shown on the site plan, as follows:
8
9
a. Widen and improve northbound Carlsbad Boulevard from approximate1
435’ south of the project entrance to the project entrance, as follows:
10
0 two (2) exclusive northbound through lanes; 11
0 One (1) exclusive northbound left turn lane;
12 e one (1) 8’ bicycle/bus stap lane;
l3 ll 14
15
0 approximately 150’ of concrete curb & gutter and sidewalk beginnin
south of the “begin” curb return (BC);
0 one (1) curb return with handicap ramp (aiso install the curb retur
and handicap ramp on the north side of the intersection);
16
17
18
north of the project entrance to the project entrance, as follows:
0 raised landscaped median.
b. Widen and improve southbound Carlsbad Boulevard from approximately 315
0 One (1) exclusive southbound left turn lane;
19
20
21
22
23
24
25
0 two (2) exclusive southbound through lanes.
J c. Grind existing gore striping and re-paint gore striping for the existin
northbound Carlsbad Boulevard ramp to PAR.
d. Construct a fully actuated traffic signal, with interconnect capabilities for th
future realigned PAIUCarlsbad Boulevard intersection. The traffic signa
shall be constructed in the ultimate location for the future realignment o
Carlsbad Boulevard.
e. Construct new Solamar Mobile Home Estates entrance as shown on the Sit
Plan and in accordance with private agreement between the developer ani
Solamar Homeowner’s Association, dated October 6,1997.
26 II f. Submit signing, striping and traffic control plans as part of the improvemen drawing plan set. 27
28 DMIBIT “F”
PC RES0 NO. 4220 (Page 9 of 13)
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
~ Improvements listed above shall be constructed within 18 months of approval of 1
secured improvement agreement or such other time as provided in said agreement.
33. To Construct the project, the developer must acquire fee title property from t.
City along the project’s Carisbad Boulevard property frontage. Additionally, t,
City may have to acquire right of way for the future realignment of Palom
Airport Road, along the project’s northerly property frontage. To facilitate bo
the deveiopers needs and the City’s potential needs, the project is contingent up(
developer entering into an agreement with the City for a land exchange. Develop
shall pay the City cash for the value of any land developer receives in excess af :
even trade. Developer shall prepare the draft agreement, which shall be review
by the Public Works DirectoriCity Engineer, City Attorney and Finance Directc
The final agreement shall be submitted to the City Council. If the agreement is n
approved by the City Council and the land exchange is not completed, the proje
cannot be constructed as designed and all approvals shall become null and voi
Any engineering, surveying, legal and financial work that must be conducted
prepare the agreement, shall be completed solely by the developer, including :
costs for the preparation of the agreement itself.
34. The developer shall maintain all off-site landscaping that is installed as shown a
the project’s preliminary Landscape Plan, in perpetuity.
35. The developer shall grant a temporary construction/slope easement to the City fc
the future construction of the slopes required for the realignment of PAR (includin
the bridge widening) and Carlsbad Boulevard.
36. The developer shall grant a temporary construction access easement to the CiQ
from the project’s entrance to the project’s northerly parking area, for the futur
construction of the slopes required for the realignment of PAR (including the bridg
widening) and Carlsbad Boulevard.
37. The developer shall grant a temporary construction/staging area easement to th
City, within the project’s northerly parking area, for the future canstruction of th
slopes required for the realignment of PAR (including the bridge widening) an
Carbbad Boulevard.
38. The developer shall design, construct and maintain an all weather access road fror
Carlsbad Boulevard to the Solamar Mobile Home Park, to the satisfaction of th
City Engineer, during construction of the project.
Fire Conditions:
39. Prior to issuance of buiIding permits, the Fire Department shall evaluate building plan
for conformance with applicable fire and safety requirements of the state and local Fir
codes.
EXHIBIT “F” PC RES0 NO. 4220 (Paqe 10 of 13)
.‘ 0 e
1
2
3
4
5
6
7
8
9
10
11
I2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
40. Additional on-site public water mains and hydrants are required.
4 1 - The applicant shall submit a site plan to the Fire Department for approval. which d
the location of required, proposed and existing public water mains and fire hydrant:
plan should include off-site fire hydrants within 200 feet of the project.
42. The applicant shall submit a site plan depicting emergency access routes. drivewa)
traffic circulation for Fire Department approval.
43. An all weather, unobstructed access road suitable for’ emergency service vehicles sh
provided and maintained during construction. When in the opinion of the Fire Chic
access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require that construction operations cease unt
condition is corrected.
44. All required water mains, fire hydrants and appurtenances shall be operational t
combustible building materials are located on the construction site.
45. Prior to final inspection, all security gate systems controlling vehicular access sh
equipped with a “Knoxy’, key operated emergency entry device. The applicant
contact the Fire Prevention Bureau for specifications and approvals prior to installati
46. Prior to building occupancy, private roads and driveways which serve as required :
for emergency service vehicles, shall be posted as fire lanes in accordance wit
requirements of section 17.04.020 of the Carlsbad Municipal Code.
47. All buildings having an aggregate floor area’in excess of 10,000 square feet mt
protected by automatic fire sprinkler systems. Plans and specifications must be app
by the Fire Department and a permit obtained prior to installation.
48. The applicant shall provide a street map which conforms to the following requiren
A 400 scale photo-reduction mylar, depicting proposed improvements and at leas
existing intersections or streets. The map shall also clearly depict -street center
hydrant locations and street names. 3
Water District Conditions:
49. The entire potable water system, reciaimed water system and sewer system shE
evaluated in detail to ensure that adequate capacity, pressure and flow demands c;
met.
50. The Developer shall be responsible for ail fees, deposits and charges which w
collected before and/or at the time of issuance of the building permit. The San I
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
5 1. Sequentially, the Developer’s Engineer shall do the following:
PC RES0 NO. 4220 EXHIBIT “F” (Page 11 of 13)
.. II
< 0 0
i.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a. Meet with the City Fire Marshal and establish the fire protection require]
Also obtain G.P.M. demand for domestic and irrigational needs from apprc
parties.
b. Prepare a colored reclaimed water use are3 map and submit to the PI:
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement p
meeting must be scheduled with the District Engineer for review, comme
approval of the preliminary system layouts and usages (i.e. - G.P.M. - E.D.1
52. This project is appmved upon the expressed condition that building permits will
issued for development of the subject property unless the water district servir
development determines that adequate water service and sewer facilities are avail:
the time of application for such water service and sewer permits will continue
available until time of occupancy.
General Conditions:
53. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the r
revoke or modify ail approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of occu
issued under the authority of approvals herein granted; institute and prosecute litigal
compel their compliance with said conditions or seek damages for their violatic
vested rights are gained by Developer or a successor in interest by the City's apprc
this Site Development Plan.
Code Reminders:
54. The Developer shall pay a landscape plan check and inspection fee as required by S
20.08.050 of the Carlsbad Municipal Code.
55. This approval shall become null and void if building permits are not issued fc
project within 18 months from the date of project approval.
56. Approval of this request shall not excuse compliance with all applicabIe sections
Zoning Ordinance and all other applicable City ordinances in effect at time of bt
permit issuance, except as otherwise specificalIy provided herein.
57. The project shall comply with the latest non-residential disabled access require
pursuant to Title 24 of the State Building Code.
58. All roof appurtenances, including air conditions, shall be architecturally integratc
concealed from view and the sound buffered from adjacent properties and stre I
PC RES0 NO. 4220 EXHIBIT "F I' (Page 12 of 13)
..: 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
substance as provided in Building Department Policy No. 80-6, to the satisfaction (
Directors of Community Development and Planning
59. All landscape and imgation plans shall be prepared to conform with the Land
Manual and submitted per the landscape plan check procedures on file in the Pla
Department.
60. Any signs proposed for this development shall at a minimum be designed in conforr
with the City's Sign Ordinance and shall require review and approval of the Pia
Director prior to installation of such signs.
61. The project is subject to all applicable provisions of local ordinances, including b,
limited to the following:
a. The developer shall exercise special care during the construction phase o
project to prevent off-site siltation. Planting and erosion control shall be prc
in accordance with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 7th day of January, 1998 , 1
following vote, to wit:
AYES: Chairperson Noble, Commissioner's Compas, Heineman, Mo
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN: '
0 d/'r\&-
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
1 ATTEST:
Planning Director
EXH IB IT " F "
PC RES0 NO. 4220 .. (Page 13 of 13)
MICHAEL J.MLZMLER
EXHIBIT 2 - "- ""..". -..... "
T -, -
c , PLAT DEPICTING IX)CATION AND SQUARE ma OF
SCALE 1" = 100 FEET
(5 09"50'00" W PEe 00) N-09 '25 '2fl-W- 357.14'
\
SHEET i OF 2 SHEETS
REQUCSTED B r
, PALOMAR BEACH RES0RI;LLC j 829 SECOND STREEE SUITE A
i ENCNITAS, CA. 92024 DA TE 2- 17- 98 1 q 4filt LXP 0 W-klQ EXHIBIT "C"
A.P.N. 210-100-05/06,4
,7
\ !m EXHIBIT 3
7 ,/' * PLAT ICTING UXATICN AND SQUARF: - - .. - - ""
QF EXISTING PALOMAR MCHAN'33 pml?m 50 150
\ "-
SCALE I" = roo FEET
\ \ 5 29"49'13" W(RI
5 I "I 7'39" €(f)
(5 09 '5O'Ou' 'W PEk? DO)
N-89 "25m-W- 357.14'
I \
I 1 SHEET 1 OF 2 SHEETS
REQUESTED B X- PREPARED B K
1 PALOMAR BEACH RESORITLLC i 829 SECOND STREE t SUITE A i ENCINITAS, CA. 92024
ExHmrr 1~~11
rn[Tf!??Y
A.P.N. ~210-100-05/D6./1,
DA TE 2- 17- 98 Page 1 of 3) 1.S. 461 EXP. 9-34-98 c \
I '1
May 13,1998
County Recorder
PO Box 1750
San Diego CA 921 12-4147
Enclosed for recordation is the following described document:
Agreement to Exchange Land
Palomar Beach Resort LLC
SDP 97-19
Also enclosed are instructions on how the City is to be billed for the recordation fees
incurred.
Thank you for your assistance with this item. 9G5iz5&5G5wQ*
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808
k,' 4
May 13,1998
Palomar Beach Resort, LLC
829 Second Street, Suite A
Encinitas, CA 92024
RE: EXCHANGE OF LAND WITH CITY OF CALRSBAD
Enclosed for your records is a copy of the City Council Agenda Bill No. 14,666 and
Resolution No. 98-138 that were adopted on May 5, 1998, which approved the
exchange of land between the City of Carlsbad and Palomar Beach Resort, LLC.
Also enclosed is a copy of the signed agreement, which was sent to the County
Recorder's Office for recordation in today's mail.
If you have questions regarding the Exchange of Land Agreement please call Mr. Jim
Elliott, City Manager's Office, at (760) 434-2821.
-a+
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carisbad, California 92008-I 989 - (760) 434-2808 (