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HomeMy WebLinkAbout2007-02-07; Planning Commission; ; CT 06-20|PUD 06-02 - THE TOWERS AT BRESSI RANCHT.City of Carlsbad Planning Department - A REPORT TO THE PLANNING COMMISSION Application complete date: P.C. AGENDA OF: February 7, 2007 Project Planner: Project Engineer: ltemNo. 0 November 6, 2006 Jason Goff Glen Van Peski SUBJECT: CT 06-20/PUD 06-02 -THE TOWERS AT BRESSI RANCH -Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval for a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one common area lot generally located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road in the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan, Planning Area 4, and Local Facilities Management Zone 17. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6239 and 6240 RECOMMENDING APPROVAL of CT 06-20 and PUD 06-02 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The development proposal is a request for approval of a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one common area lot. At over 50 units the project requires City Council approval. The project site is located on Lots 24 through 28 of Planning Area 4 within the Bressi Ranch Master Plan, has a General Plan Land Use designation of PI (Planned Industrial) and is Zoned P-M (Planned Industrial). As conditioned, the project is consistent with the City of Carlsbad General Plan, the Bressi Ranch Master Plan, the relevant zoning regulations of the Carlsbad Municipal Code, the Airport Land Use Compatibility Plan (CLUP) for McClellan-Palomar Airport, and the Zone 17 Local Facilities Master Plan. III. PROJECT DESCRIPTION AND BACKGROUND The project involves subdividing 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one 20.824-acre common lot. The project site occupies Lots 24 through 28 of Carlsbad Tract 02-15 located within Planning Area 4 of the Bressi Ranch Master Plan. A Planned Industrial Permit (PIP 05-24) for 18 one-and two-story multi-unit industrial buildings totaling 280,531 square feet was approved by the Planning Director on May 31, 2006. Required parking spaces, employee eating areas, loading/delivery areas and refuse collection areas were reviewed as part of the Planned Industrial Permit approval. ,, . ., . CT ,06-20/PUD 06-02 -THE,WERS AT BRESSI RANCH February 7, 2007 Pae 2 A lot consolidation of Lots 24 through 28 has occurred by means ofa Lot Line Adjustment and was recorded on December 8, 2006 thus creating a single 20.824-acre lot. Grading permits were issued on October 25, 2005 and construction of the site has since commenced. Environmental compliance was established through a determination of prior compliance with the Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04), which was approved by the Planning Commission (Resolution 5201) on June 5, 2002 and certified by the City Council (Resolution 2002-205) on July 9, 2002. The airspace subdivision will include 30 single-story units ranging in size from 1,565 square feet to 4,323 square feet, and 63 two-story (mezzanine) units ranging in size from 1,776 square feet to 3,998 square feet, for a total building area of 280,531 square feet. The subdivision of the buildings into airspace condominiums will allow for individual ownership of units, and provide opportunities for office, research and development, light manufacturing, warehousing and all other uses identified in Section 21.34 of the Carlsbad Municipal Code (P-M Zone). An owners association will be formed as a condition of approval for the purposes of maintaining all common areas. The project site is located within the boundaries of the McClellan-Palomar Airport Influence Area/Flight Activity Zone, and therefore is subject to the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Planned Industrial (PI) General Plan Land Use designation; B. Bressi Ranch Master Plan, Planning Area 4 (MP 178); C. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34); D. Subdivision Ordinance (C.M.C. Title 20); E. Non-Residential Planned Development (C.M.C. Chapter 21.47); F. Parking Ordinance (C.M.C. Chapter 21.44); G. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP); and H. Growth Management Ordinance (C.M.C. Chapter 21.90) and Local Facilities Management Plan (Zone 17). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The project site is located within Planning Area 4 of the Bressi Ranch Master Plan and has a General Plan Land Use designation of Planned Industrial (PI), which allows for manufacturing, warehousing, storage, research and development, office, and utility uses. The Bressi Ranch Master Plan was found to comply with the applicable General Plan Goals, Objectives and Policies. The-project is in conformance with the Master Plan and is therefore · cT ·o6-20/PUD 06-02 -THE lwERS AT BRESSI RANCH February 7, 2007 Pae 3 also in compliance with the General Plan. The project complies with the Elements of the General Plan as outlined in Table-A below: TABLE A -GENERAL PLAN COMPLIANCE USE, ELEMENT CLASSIFICATION, PROPOSED USES & COMPLIANCE GOAL, OBJECTIVE OR IMPROVEMENTS PROGRAM Land Use Site is designated for Industrial/ office/warehouse Yes industrial uses. buildings. Noise Utilize noise standards The project is located Yes contained in the Noise outside the 60 dBA CNEL Guidelines Manual. noise contour of Palomar Airport, and the buildings have been sound attenuated to meet the 55 dBA CNEL interior noise level standards for nonresidential construction. Circulation Require new development All roadways and Yes to construct roadway improvements necessary to improvements needed to serve the development serve proposed exist, and no additional development. improvements are required. Parks Payment of nonresidential The project was previously Yes park fee. conditioned to pay the non- residential park fee with the approval of PIP 05-24. Public Safety Provision of emergency All necessary water mains, Yes water systems and all-fire hydrants and weather access roads. appurtenances must be installed prior to occupancy of any building and all-weather access roads must be maintained throughout construction. B. Bressi Ranch Master Plan, Planning Area 4 (MP 178) Unless otherwise modified by the Bressi Ranch Master Plan, all development within Planning Area 4 shall comply with the development standards of the Planned Industrial (P-M) Zone (C.M.C. 21.34). The previously approved Planned Industrial Permit (PIP 05-24) implemented the general design guidelines of the Master Plan. The proposed subdivision does not alter the previously approved project in any way other than to subdivide buildings into nonresidential airspace condominium . CT-06-20/PUD 06-02-THE,WERS AT BRESSI RANCH February 7, 2007 Pa e4 units for purposes of individual ownership. The project, as conditioned, is consistent with all elements of the Bressi Ranch Master Plan (MP 178). C. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34) The proposed project does not alter the previously approved building designs or site plan created by the Planned Industrial Permit (PIP 05-24) other than to subdivide 18 buildings into 93 nonresidential airspace condominium units for purposes of individual ownership and one common lot. The condominiums will provide opportunities for office, research and development, light manufacturing, warehousing and all other uses identified in Section 21.34 of the Carlsbad Municipal Code (P-M Zone). The project is also consistent with the one-acre minimum lot size requirement of the P-M Zone by proposing a single lot of 20.824 acres in size. D. Subdivision Ordinance (C.M.C. Title 20) The Engineering Department has reviewed the proposed tentative map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. Palomar Airport Road, Gateway Road, Innovation Way, and Colt Place are all publicly dedicated roadways and no additional improvements or dedications of streets are required. All infrastructure improvements including frontage and project-related roadways and the extension of existing drainage and sewer facilities are being installed concurrent with development. General utility and access easements and water/reclaimed water easements will be dedicated with recordation of the final map. E. Non-Residential Planned Development (C.M.C. Chapter 21.47) The intent and purpose of the Non-Residential Planned Development regulations are to: 1. Ensure that nonresidential projects develop in accordance with the General Plan and applicable specific plans; 2. Provide for nonresidential projects which are compatible with surrounding developments; , 3. Provide a method to approve separate ownership of units within multiple-unit buildings; and 4. Provide for conversion of existing developments to condominiums. The proposal to create nonresidential airspace condominium units that do not have direct access from a publicly dedicated street necessitates that a Non-Residential Planned Development Permit be processed to supplement the proposed Tentative Map (CT 06-20). The 93 nonresidential airspace condor:t}-inium units will share common driveway access, parking areas, landscaping, and outdoor eating areas which will be commonly maintained by an owners association. The project complies with the General Plan, Zoning and Planning Area 4 of the Bressi Ranch Master Plan as addressed above. The subdivision, by nature of the industrial/office/warehouse uses, will not be detrimental to the health, safety or welfare of the surrounding occupants of the area and the industrial/office/warehouse use is similar to adjacent uses. No modifications to the development standards are required to protect public health, safety, and general welfare. There are no size or configuration standards for nonresidential planned development units beyond those · CT ·06-20/PUD 06-02 -THE lwERS AT BRESSI RANCH February 7, 2007 Pae 5 imposed as a part of the permit, except that they shall be reasonable as to the intended use and relation to the project. The units range in size from 1,565 square feet to 4,323 square feet and are reasonably sized to accommodate the intended PM Zones uses. F. Parking Ordinance (C.M.C. Chapter 21.44) Parking for the approved Planned Industrial Permit (PIP 05-24) was based on a proportional mix of office, light manufacturing, and warehousing type uses. A general parking ratio of 3.4/1000 (or 1 space per 294 sq. ft. of gross floor area) was applied to the overall project resulting in 942 required parking spaces. Through the tenant improvement process, parking numbers and allocations are tracked to ensure that an adequate distribution of parking occurs throughout the project, and that'the sum total of uses will not exceed the 942 parking spaces provided. The proposed project will result in 93 nonresidential airspace condominium units with opportunities for individual ownership. In order to ensure that the number of required parking spaces accommodate the combined proportions of uses, based on the parking ratios required by Chapter 21.44 of the Carlsbad Municipal Code, and do not exceed the 942 total spaces, Covenants, Conditions and Restrictions (CC&Rs) are required which assign to a governing _board the responsibility for reviewing all proposed tenant improvements. The governing board is required, prior to an applicant submitting building plans for tenant improvements to the City of Carlsbad Building Department, to approve the tenant improvement plans for purposes of assuring that an adequate distribution of parking spaces exists throughout the project. The project, as conditioned, is consistent with the parking standards outlined in Chapter 21.44 of the Carlsbad Municipal Code. G. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) The project is located within the boundaries of the McClellan-Palomar Airport Influence Area and Flight Activity Zone and thus is subject to the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). Because the project site is located outside the 60 CNEL noise level contour lines, and office/industrial/warehouse development is considered to be a low-intensity development that does not involve assemblages of large groups of people, the project is considered consistent with the CLUP. H. Growth Management (C.M.C. Chapter 21.90) and Local Facilities Management Zone 17 The proposed project is located within Local Facilities Management Zone 17 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table-C below. Table C -GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration NIA Yes Library NIA Yes Waste Water Treatment 155 EDU Yes Parks NIA Yes . CT 06-20/PUD 06-02-THE,WERS AT BRESSI RANCH February 7, 2007 Pae 6 Table C -GROWTH MANAGEMENT COMPLIANCE CONTINUED STANDARD IMPACTS COMPLIANCE Drainage 68 CFS (Basin D) Yes Circulation 1,822 ADT Yes Fire Stations 2 and 5 Yes Open Space NIA Yes Schools NIA Yes Sewer Collection System 155 EDU Yes Water 64,061 GPD Yes V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and Title 19 -Environment. Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the "Bressi Ranch Master Plan" and associated actions inclusive of the subject planning area reviewed here. The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to Planning Area 4 have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 "Findings of Fact and Statement of Overriding Considerations" applies to all the subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-04 and no further CEQA compliance is required. EIR 98-04 is available for review at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6239 (CT 06-20) 2. Planning Commission Resolution No. 6240 (PUD 06-02) 3. Location Map 4. Local Facilities Impact Assessment Form 5. Background Data Sheet 6. Disclosure Statement 7. Reduced Exhibits 8. Exhibits "A" -"E" dated February 7, 2007 NOT TO SCALE SITE MAP The Towers at Bressi Ranch CT 06-20/PUD 06-02 -CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: The Towers at Bressi Ranch -CT 06-20/PUD 06-02 LOCAL FACILITY MANAGEMENT ZONE: 11 GENERAL PLAN: PI (Planned Industrial) ZONING: P-M (Planned Industrial) DEVELOPER'S NAME: =R.,___ya=nc.-Ccc...co=m=p=a=ny,__U-=-=-S,~I=nc~.-------------- ADDRESS: 9171 Towne Centre Dr., Suite 460, San Diego, CA 92122 PHONE NO.: 858-812-7910 ASSESSOR'S PARCEL NO.: 213-262-01 through-OS QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): ~20~.8~2C--4~a~cr~es~---- A. City Administrative Facilities: Demand in Square Footage= NA B. Library: Demand in Square Footage= NA C. Wastewater Treatment Capacity (Calculate with J. Sewer) 155 EDU D. Park: Demand in Acreage = NA E. Drainage: Demand in CFS = 68 CFS Identify Drainage Basin = Basin "D" (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 1,822 ADT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = =2-=an=d=--=---5 ___ _ H. I. J. K. Open Space: Schools: (Demands to be determined by staff) Sewer: Acreage Provided = Demands in EDU Identify Sub Basin= (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = NA NA 155 EDU 17A 64,061 GPD ttACKGROUND DATA SHEET - CASE NO: CT 06-20/PUD 06-02 CASE NAME: The Towers at Bressi Ranch APPLICANT: Ryan Companies US, Inc. REQUEST AND LOCATION: Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEOA; and a recommendation of approval for a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 airspace nonresidential condominium units and one common area lot generally located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road in the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan, Planning Area 4, and Local Facilities Management Zone 17. LEGAL DESCRIPTION: Lots 24 through 28, inclusive, of Carlsbad Tract CT 02-15, in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County on February 4, 2005. APN: 213-262-01 thru -05 Acres: 20.83 Proposed No. of Lots/Units: I lot GENERAL PLAN AND ZONING Existing Land Use Designation: ~P~I ""'(P~la=nn~e~d~In~d_u~s~tr~ia __ l)~------------- Proposed Land Use Designation: =--N=-A=--------------------- Density Allowed: NA Density Proposed: N=--=-A=------------ Existing Zone: P-M (Planned Industrial) Proposed Zone: ~N~A=------------- Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site PC (P-M in MP 178) PI North PC (P-M in MP 178) PI South PC (RD-M/C-2/CF in MP 178) RM/RMH/RH/L/CF East PC (P-M in MP 178) PI West PC (P-M in MP 178) PI PUBLIC FACILITIES Current Land Use Industrial Industrial SF Residential Vacant Vacant School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad ~-~---- Equivalent Dwelling Units (Sewer Capacity): =15::....:5::_E=D=-==U'---------------- ENVIRONMENTAL IMPACT ASSESSMENT [8J Certified Environmental Impact Report (EIR 98-04), dated July 9, 2002. Revised O 1/06 (- l - CLty of_Ca.rJsbad · · lfflCiufJ■:'Jlffi.flO Ht4uJ 01s·cLOSURE STATEMENT Applicant's statement or disclosure of certain ownership i!:,)terests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. . . . The fo1lowihg'inform~tion MUST be.disclos·ed at the time of application ~ubmittal. Your project cannot be reviewed Lintil this information is completed. Please print. Note: . . Person is defined as KAny individual, firm, co-partnership, joint \'.enture, association, social club, fraternal ·organization, . .... corporatjon, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or . othe-r political subdivision or any at.her 'group or combination acting as a unit." . Agents may sign this document; howeve~. the legal na~e and entity of the applicant and property owner must be provided below. · 1. · APPLICANT (Not the applicant's agent) . . Provide th·e COMP:LETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, i11clude the names, title, addresses of all individuals owning more than 10% of the ·shares. IF NQ INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned ·corporation, include the names, titles, and addresses of the corporate 2: 'r/ c . ·.··.·· ' ..... officers. , separate page may_be attached if necessary.) · · · . Corp/Part 'ft1..on4i 11'11Z-f'vJZ-~ 1:oAI? -t:LC-. . . Titlt · Title S e-.r /-r:f3A-Ckt er;{? .A'ddrestr ,-Address ______ _ 5, Z) r,,:--., .. _ OWNER {Not thi:; uvv11~1 _, Cll:Jv'"J Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest.in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). · If the. ownership includes a corporation or partnership, inclu_de the names, title, addresses of all· individuals owning more than 10% of the shares.-IF NO INDIVIDUALS OWN MORE THAN 10% .OFT.HE SHARES, PLEASE. INDICATE NON-APPLICABLE· (N/A) IN THE SPACE BELOW. If a, publicly-owned -corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be. attached if necessary.) · · Person ·----------- Title ----------- Adtjress _________ _ ~ Corp/Part '(/f 1.,an ,?)·fl. f)j flfga.-r 'JZo /fl) l. kl. Title Sf£' tr ff[[/¥-M ~I) Address ____________ _ OSS'ef ~ Stl'ef3dS ~ au17 999'r98L09L .... \7/ 8 / r ___ _ 3. . NON~PROFIT ORGANIZATION OR TRUST l- If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as· an-officeF:,.or director of the non-profit organization or as trustee or b~neficiary of the. · · Non Profit/Trust ~ /&: . . · . Non Profit/Trust. ________ _ Title --------------Title -------------Address ----------Address ___________ _ 4. Have you had more than $250 worth of business transacted with a_ny member of City staff, ·-Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~No. If yes, 'please indicate person(s): __________ _ NOTE:_ Attach additional sheets if necessary . .._:. 77) applicant/date_. ~"~ -~~c Print or type name-of'owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name qf owner/applicant's agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5/98 . Page 2 of 2 OSS'u' '8 Stl'ef3dS ~ eun 998v9£L09L WWW.RYA.l"\!COMPANIES.COM September 1, 2006 City of Carlsbad Planning Dept. 1635 Faraday Avenue Carlsbad, CA 92028 r.- -- RYAN COMPANIES US, INC. 9171 Towne Centre Drive, Slllte 460 San Diego, CA 92122 858-812-7910 tel 858-812-7930 fax BUILDING LASTING RELATIONSHIPS Re: Disclosure Statement for The Towers at Bressi Ranch/Ryan Companies US, Inc. 1) Applicant: Palomar Airport Road LLC a. LLC b. Owners: 1. Ryan Companies US, Inc.: 50% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 11. James R. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 111. Patrick G. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 1v. Timothy M. Gray: 5.3% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 v. John Strittmatter: 13.5% 1 North Central, Ste. 1300 Phoenix, AZ 85004-4418 v1. Matthew Reid: 10% 9171 Towne Centre Dr., Ste. 460 San Diego, CA 92122 2) Owner: Palomar Airport Road LLC a. LLC b. Owners: 1. Ryan Companies US, Inc.: 50% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 11. James R. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 AZ LICENSE ROC195813 CLASS s.01, CA LICENSE 842487, FL LICENSE CGC1506553, CHICAGO, IL LICENSE GC04631A, OR LICENSE 161162, WA LICENSE RYANCU1966KK ® \'( W\\'. IZY.-\::-JCO,\lPA~~ I E~.Lll~.I 111. Patrick G. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 1v. TimothyM. Gray: 5.3% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 v. John Strittmatter: 13.5% 1 North Central, Ste. 1300 Phoenix, AZ 85004-4418 vi. 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