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Home My WebLink AboutGPA 09-07; Palomar Commons; General Plan Amendment (GPA) (2)CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION CITY USE ONLY ... ···~· Project Number: C t> (2-e::>.f'T · · PROJECT NAME: 'B 0 1'-\j Cl1f<. JC.. Assessor's Parcel Number(s): _2=-_r _3_-____..t}a::...::Z...=O!C.---___:(_;S~-:---------------- Description of proposal (add attachment if necessary): _jJ_t!.\J ___ f];>J2t)J,.1../:lkLf~MflLMl--1----~----- CAR-~11:1 Ua.r ~=J--;-1/.-{l.I!'Cd'JL. ~ {3U1LoJi1.L.Lb.lfEiWL~------ ·-tLtf.lletn.td &L ~~~li__ft!YL OV:L-J::&'C'l)JI.J 1 t1l! 1/'n.J l!]&lt. : Would you like to orally present your proposal to your assigned staff planner/engineer? Yes 0 No 5if I l Please list the staff members you have previously spoken to regarding this project If none, please so state. Me, l/{}J f1 ,.LC,. ft --------~~---1.1?.~. o_'!__-:S?f ___________ .. -------- ; OWNER NAME IP""'I: LI'),J ~ ~ APPliCANT NAME (Pri,l): Llli &!>HC K!2Y IU c . MAILING ADDRESS: .) ~ {:,I__~ ____:___ Dr MAILING ADDRESS:.) Z b) VAU..f:-} (k.f:'tJ'fft-().r j CITY, STATE, ZIP: StiJ Qltc.i 0,.. <:!ll )O CITY, STATE, ZIP. Sfl.J ~~"it-t4;. :5/t/3 .0 • TELEPHONE: 6St"&~ 2 ,2..,._ ~So J TELEPHONE: co>~----_, ~' EMAIL ADDRESS: LPKa! \t!' e ACACIA"c'at4Vf. EMAIL ADDRESS: Lf#(aurtl (( e I%1Cit#r?(U)!f .. ,,., *Owner's signature indicates permission to conduct a preliminary( '1 review for a development proposal. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THA :rHE ABOVE INFORMATION IS TRUE AND CORRECT T BEST OF MY KNOW~ GE. ( ~ I I CITY, STATE, ZIP: TELEPHONE: to> r I 1 s J-23 J 2 EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THEA~LEDGE. tlL~~ t:;)r;.JIZJJ/ L SiGNATURE DATE~ 1 G THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ' IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. I ---------c~~~~~E~R~S~IG~N~A~T~URO,E~---I F)EE PAID: I c:Z thorz._ l , -rlf ·lfNCA- P-16 Page 2 of2 Revised 07/10 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111111111111111111111111111111111111111111111111111111 Applicant: KOURIE LAWRENCE Description Amount CD120005 663.00 2014 PALOMAR AIRPORT RD CBAD Receipt Number: R0089729 Transaction ID: R0089729 Transaction Date: 05/24/2012 Pay Type Method Description Amount Payment Check 3033 663.00 Transaction Amount: 663.00 c CITY OF CARLSBAD APPLICATION FORM FOR PRELIMINARY REVIEW APPLICATION CITY USE ONLY l Project Number: C 1) l -f C( PROJECT NAME: /)fJLOM/i1--CI!JMMON5' /lE'l'ftiL S'tfzJps ~U!Lt}J/VG.f 4. 5 f.~ Assessor'sParceiNumber(s): f-0/l..Tt<YV t:Jr 213-020 -'18-00 ' Description of proposal (add attachment if necessary): /!1_00/F! C!AT?CJI'I 7lJ Tf1'tE A]OI'M V~ /3UIW/NG tff:tGHTJ .. tr/{;VJ HEt"ffT.J ;1tY: WITHIN /0 /o 01-V+e ,ltppiLO'f€o. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes JX No Please list the staff members you have previously spoken to regarding this project. If none, please so state. VAIV L fj/V 61-/ D OWNER NAME (Print): SUDIS~ QEVI::lef'I'1€/Vr APPLICANT NAME (Print): .SAME l't) OWtlt::g MAILING ADDRESS: 5465 ,/YIO/llE-ftoVJe-P1. ~ MAILING ADDRESS: ___________ _ CITY, STATE, ZIP: J19Y /)Jf6Q. &f 92/ 2_ J CITY, STATE, ZIP: TELEPHONE: (858) 54fz :3 OOO TELEPHONE: EMAIL ADDRESS: tr/lti?JC... (E J'()I)Pilep. &A1 EMAIL ADDRESS: "Owner's signature indicates permission to conduct a preliminary review for development proposal. HE LEGAL OWNER AND THAT ALL THE IS TRUE AND CORRECT TO THE BEST /Z/tl.f/1 I DdrE/ THE LEGAL REPRESENTATIVE OF THE ALL THE ABOVE INFORMATION IS TRUE T ST OF MY KNOWLE GE. /Z 1'1 II APPLICANT'S REPRESENTATIVE (Print): /VV.O fLf0l H. 'STEYFNJ'tJ/'1 MAILINGADDRESS: 5465 /110#-f-fot./SE {)Je_. S(/17"€:. Z-60 CITY, STATE, ZIP: S.M f!E:60 . CA ~2-1 2/ esB) ZM -7Z2 4-e&-L-6 rf-?'fV-SZ?c( TELEPHONE: EMAIL ADDRESS: IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. CzN p:c_g-, ~!>, 01-o! PROPERTY OWNER SIGNATURE P-14 Page 3 of3 Revised 07110 City of Carlsbad Faraday Center Faraday Cashiering 001 1134901-2 12/15/2011 32 Thu, Dec 15, 2011 02:16PM Receipt Ref Nbr: R1134901-2/0025 PERMITS -PERMITS Tran Ref Nbr: 113490102 0025 0027 Trans/Rcpt#: R0087665 SET#: CD110019 Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: Check (Chk# 2162) Total Received: Have a nice day! 1 @ $663.00 $663.00 $663.00 $663.00 $663.00 $663.00 **************CUSTOMER COPY************* 0 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111~11111 Applicant: SUDBERRY DEVELOPMENT Description Amount CD110019 663.00 2014 PALOMAR AIRPORT RD CBAD Receipt Number: R0087665 Transaction ID: R0087665 Transaction Date: 12/15/2011 Pay Type Method Description Amount Payment Check 2162 663.00 Transaction Amount: 663.00 c CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION CITY USE ONLY A Project Number: L PROJECT NAME: Palomar Commons Assessor's Parcel Number(s): 213-020-18 Description of proposal (add attachment if necessary): Revised dog run area, utility access drive, parking field and combined two buildings together along the southerly property line of the proposed Palomar Commons development. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes No D Please list the staff members you have previously spoken to regarding this project. If none, please so state. Steve Bobbett & Van Lynch. OWNER NAME (Print): County of San Diego -Airports APPLICANT NAME (Print): CSDI, LLC -------------------------MAILING ADDRESS: 1960 Joe Crosson Drive MAILING ADDRESS: 5465 Morehouse Drive, Ste 260 CITY, STATE, ZIP: El Cajon, CA 92020 TELEPHONE: 619-956-4800 EMAIL ADDRESS: anne.paul®sdcounty.ca.gov *Owner's signature indicates permission to conduct a preliminary review for a development proposal. EGAL OWNER AND THAT ALL THE RUE AN CORRECT TO THE BEST OF 8·\S·\\ DATE APPLICANT'S REPRESENTATIVE (Print): CSDI, LLC MAILING ADDRESS: 5465 Morehouse Drive, Suite 260 CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: 858-546-3000 EMAIL ADDRESS: mark@sudprop.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: 858-546-3000 ----------------------------EMAIL ADDRESS: mark®sudprop. com PLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND . CT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. RECEIVED BY: P-16 Page 2 of2 Revised 07/10 .. City of Carlsbad Faraday Center Faraday Cashiering 001 1125901-1 09/16/2011 32 Fri. Sep 16, 2011 02:02PM Receipt Ref Nbr: R1125901-1/0017 PERMITS -PERMITS Tran Ref Nbr: 112590101 0017 0020 Trans/Rcpt#: R0086386 SET#: CD110014 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 000010120) Total Received: Have a nice day! 1 @ $663.00 $663.00 $663.00 $663.00 $663.00 $663.00 **************CUSTOMER COPY************* c 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111111111111111111111111~11111111111111! ~II Applicant: CSDI, LLC Description Amount CD110014 663.00 2014 PALOMAR AIRPORT RD CBAD Receipt Number: R0086386 Transaction ID: R0086386 Transaction Date: 09/16/2011 Pay Type Method Description Amount Payment Check 663.00 Transaction Amount: 663.00 CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION Project Number: DV l\-o~ CITY USE ONLY PRoJEcT NAME: CAUfMNIA &4Ntt:-e; 7YVJ.sr -{)(>rUJMAIL UJ/WJI/0/'VJ' Assessor's Parcel Number(s): /)oltn()AJ Or 213-0 2 0 -I 8 -0 0 I Description of proposal (add attachment if necessary): /flO() JF1 CAn 0/Y 7lJ "'l"rfl::: ~ ~ MVt<-./tUIUJ!N(;. {i$UtUJih6 2J ~ 2.. S77Yuet w I ~· Would you like to orally present your proposal to your assigned staff planner/engineer? Yes ~ No D Please list the staff members you have previously spoken to regarding this project. If none, please so state. OWNER NAME (Print): SU{)IJ~ /)c ~f~Vr APPLICANT NAME (Print):(lr(./fTYWJd 6AfV/C. s'"'ftWS' MAILINGADDRESS: 544*5' MD~ItoVJF/)It, ST!: 2"' MAILINGADDRESS://,2.2 f;L f!AtWIIVO IU.ftJL J'TE O CITY,STATE,ZIP: S'JNJJ/ff:O,(!A 92../'l./ CITY,STATE,ZIP: =MS~/E.6CJ 1 ~ 92./JQ TELEPHONE: {!J5fJ)54(, -3000 TELEPHONE: ~lL 79 3-_47 7 EMAILADDRESS: @ ScJ£'. . CA-41 EMAILADDRESS: ~VIO. /V..JJJ'E-U.. ~ CI'JLBT. mission to conduct a preliminary al. AL OWNER AND THAT ALL THE UE AND CORRECT TO THE BEST OF ;/zq /n DAtE I APPLICANT'S REPRESENTATIVE (Print): AIV()~w H. S7'f:: V'E.NJ'QN MAILINGADDRESS: 546S" !JiOfi.JEHrJVSE IJ!C. SVIrF 'l~ 0 CITY,STATE,ZIP: SAN f)J'CCO, CA (/2...12../ {858_) 22 0 ._ 7't 'Z. 4-TELEPHONE: EMAIL ADDRESS: Re.ce.\VED ~PR \ f, '}.\)\\ cARLSB"O IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FO ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSE PRQPERTY OWNER SIGNATURE FEE REQUIRED/DATE FEE PAID: ~ lP0 b I 4--IS--)J , RECEIVED BY: P-16 Page 2 of2 Revised 07/10 ,, City of Carlsbad Faraday Center Faraday Cashiering 001 1110801-2 04/18/2011 98 Mon, Apr 18, 2011 02:19PM Receipt Ref Nbr: R1110801-2/0035 PERMITS -PERMITS Tran Ref Nbr: 111080102 0035 0039 Trans/Rcpt#: R0084128 SET#: CD110005 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 110022335) Total Received: Have a nice day! 1 @ $656.00 $656.00 $656.00 $656.00 $656.00 $656.00 **************CUSTOMER COPY************* 0 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111~1111111~111111111~ 1111~11111~ ~~ Applicant: CALIFORNIA BANK & TRUST Description Amount CD110005 656.00 2014 PALOMAR AIRPORT RD CBAD Receipt Number: R0084128 Transaction ID: R0084128 Transaction Date: 04/18/2011 Pay Type Method Description Amount Payment Check 656.00 Transaction Amount: 656.00 «~ ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 APPLICATIONS APPUED FOR: (CHECK BOXES) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Develoomml Permits (FOR DEPT. USE ONLY) I.ISllfl.f.tlve Perm/§ (FOR DEPT. USE ONLY) 0 Administrative Permit ~ General Plan Amendment ~fJA Oct-0 0 Coastal Development Permit (*) OMinor C..U/) /0-( ~ '=:,0 Local Col\tal Program Amendment (*) -~6~ . ~ Conditional Use Permit (*) WP 10-0 :; 1,\11.11 "" 0 Minor 0 Extension "l..lP OCf-o ,_o ~er Plan 0 Amendment "~t ... ~ttf 0 Environmental Impact Assessment 0 Specific Plan 0Amendment 0 Habitat Management Permit 0 Minor ~ Zone Change (*) 2e. nG-n X. 0 Hillside Development Permit (*) 0 Zone Code Amendment 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit List o(#!er aiJDIIcations not specified 0 Planning Commission Determination 0 ~ Site Development Plan l.~nPoq-}$] ~ Special Use Permit &uP o9-a ~0 0 Tentative Tract Map (*) = eligible for 25% discount [8 Variance 0 Administrative V 10-0 I NOTE: A rasED PROJECT REQUIUIG MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ON Y ONE APPUC4TION BE FILED MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR.~ARCEL NO(S).: PROJECT NAME: 760-221-0!!1 90 9 I I PALOMAR COMMONS R- BRIEF DESCRIPTION OF PROJECT: Commercial Retail Shopping Center: 142,098 SF of total retail (including home improvement,retail shops,drug store and gaa atationl 1 6,000 SF of bank and 4,200 SF of restaurant OWNER "'AuE (P' t) APPLICANT NAUE (P "nt)·Pacific Sports Reoort.Inc./Pacitic Athletic I"""VI nn : COillll"l'Y OP SAN DIIIGO DBPT. OP PIJBLIC IIORKS, AIRPOllTS MIVI n • Club Carlsbad, Inc. ~~~~~----------~ MAILING ADDRESS: 1960 JOE CROSSON DRIVE CITY, STATE, ZIP: EL CAJON, CA 92020-1236 TELEPHONE: (619) 956-4800 P-1 MAILING ADDRESS: OIIB LCIIIWID S'l'RBE'I' C/O IIBS'ri!RR ATIILBTIC CLUB CITY, STATE, ZIP: San Francisco ca 94lll TELEPHONE: (720) 284-6418 EMAIL ADDRESS: OeN 0 9 0 t..f-0 Page 1 of5 Revised 04/09 BRIEF LEGAL DESCRIPTION: SEE ATTACHED LOCATION OF PROJECT: 6111 El Camino Real ON THE: SOlJTH SIDE OF (NORTH, SOUTH, EAST, WEST) BElWEEN YARROW DRIVE AND (NAME OF STREET) ~----------------·----------- 0 STREET ADDRESS PALQMAR AIRPORT RD. (NAME OF STREET) EL CAMINO REAL (NAME OF STREET) 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 IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORD TH TO PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE D A Bl C . SSORS IN INTEREST. FOR CITY USE ONLY P-1 Page2of5 RECEIVED NOV 3 0 2009 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 04/09 «~~ ~ CITY OF DISCLOSURE STATEMENT P·1(A) Development Services Plannlnc Department 1635 Faraday Avenue (760)602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership Interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The foiJONing information MUll be disclosed at the time of application submittal. Your project cannot be reviewed until this information Is completed. Please print. Note;· :: . . . . . . . . ...... r..~--~Aiiy~~.tltrn.-~.~ .... -~.soclal·club.fnltemal· G~Pl~: ~ ... ; ~.reCeiYer •. iyndlcate.-·tn I* end any:~ ccx.my, city and COQnty~ clty:~an~~i-~CX:-~~'*'-l~~-ouny~-~-~-~f;JioatiOnactin"g~.aunit• · -~~-~--~~-~.lhe-~l~me&nd~·of:~~n-owner.· must be ~'belbw; :. . . . . . . . . . .. 1. APPUCANT (Not the applicanfs agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corDQf8tion or oartnersb!D, Include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE 11iAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, Include the names, titles, and addntS888 of the corporate officers. (A separate page may be attached if necessary.) Pacific Sports Resort, Inc./ Person Corp/Part Pacific Athletic Club Carlsbad, Inc. T~·-------------------Tffle. _____________________ ___ Address. _________ _ Adck1NssOne Lombard Street C/0 Western Athletic Club San Francisco, Ca 94111 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of Alb persons having any ownerstip interest in the property involved. Also, provide the nature of the legal ownership ~.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or DartnershiD. ilclude the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPUCABLE (NJA) IN THE SPACE BELOW. If a PUblicly-owned comqation, include the names. tiUes, and addresses of the corporate officers. (A separate page may be attached If necessary.) Pe~n~-----------------Tdle. ____________________ __ Ce5pJPeft COUnty of san Diego, Dept. of Public works, . Ahporta . C. • o.. po\\t··c·e<..( ~\.lbdiV\s-1o11 Ot' +~"' '3ta:\-e cf Cc-\••t'lr')IO.. TWa~·-----------------------Address. _________________ ___ Addn9SS 1960 Joe Crosson Drive El Cajon, Ca 92020-1236 Page1 of2 c 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oraan!zat!on or a trust, list the names and addresses of 6fa person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profrt/Trust'---------- T~ T~·--------------------- Add~~-----------------Add~·--~------------------ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes ~No If yes, please Indicate person(s):. ___________ _ NOTE: Attach additional sheets if necessary. County of San Diego, Dept. of Public Works, Airports Pacific Sports Resort,Inc./Pacific Atblatic Club C.rlsbad,Inc. Print or type name of owner Print or type name of applicant Signature of owner/applicanfs agent if applicable/data Print or type name of owner/applicanfs agent P.1(A) Page2of2 Revised 04109 . ( City of Carlsbad Faraday Center Faraday Cashiering 001 1010501-3 04/15/2010 96 Thu, Apr 15, 2010 03:43 PM Receipt Ref Nbr: R1010501-3/0030 PERMITS -PERMITS Tran Ref Nbr: 101050103 0030 0037 Trans/Rcpt#: T000097170 SET #: 8000002956 Amount: Item Subtota 1 : Item Total: PERMITS -PERMITS 1 ~ $8,867.00 $8,867.00 $8,867.00 Tran Ref Nbr: 101050103 0030 0038 Tran~/Rcpt#: R0078985 SET #: CUP0321A Amount: Item Subtotal : Item Tot a 1: 2 ITEM(S) TOTAL: Check (Chk# 000010238) Check (Chk# 000010239) Check (Chk# 000010233) Total Received: Have a nice day! 1 @ $2,240.00 $2,240.00 $2,240.00 $11,107.00 $6,243.00 $2,624.00 $2,240.00 $11,107.00 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111~~1111111 11111111~1111111~ ~~II~ ~II Applicant: PACIFIC SPORTS RESORT INC Set Id: S000002956 I Tmp set/Initialized Projects Description Amount CUP10005 !$/4Nil- CUP10006 ~ >'r{)M V1000001 Total: 3,121.50 3,121.50 2,624.00 8,867.00 \ ~ \j (i ' \ Receipt Number: R0078984 Transaction ID: T000097170 Transaction Date: 04/15/2010 Pay Type Method Description Amount Payment Check 8,867.00 Transaction Amount: 8,867.00 City of Carlsbad Faraday Center Faraday Cashiering 001 0932301-2 11/19/2009 96 Thu, Nov 19, 2009 03:50 PM Receipt Ref Nbr: R0932301-2/0047 PERMITS -PERMITS Tran Ref Nbr: 093230102 0047 0058 Trans/Rcpt#: R0077156 SET #: CUP09007 Amount: Item Subtotal : Item Tot a 1: PERMITS -PERMITS 1 @ $3,121 .50 $3,121.50 $3,121.50 Tran Ref Nbr: 093230102 0047 0059 Trans/Rcpt#: T000094469 SET #: S000002881 Amount: Item Subtota 1 : Item Total: 2 ITEM(S) TOTAL: 1 @ $24,440.31 $24,440.31 $24,440.31 $27,561.81 Check (Chk# 000010180) $27,507.25 Credit Card (Auth# 015512) $54.56 Total Received: $27,561.81 Have a nice day! **************CUSTOMER COPY************* 0 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111~1 !~111~1~ ~II 11111~11~ II 1~11111~ 1111 Applicant: HOFMAN PLANNING & ENGINEERING Set Id: S000002881 / PALOMAR COMMONS Description GPA09007 SDP09005 SUP09008 ZC090008 Receipt Number: R0077155 Total: Transaction Date: 11/19/2009 Pay Type Method Description Payment Check Amount 6,060.56 10,517.00 3,239.00 4,623.75 24,440.31 Transaction ID: T000094469 Amount 24,440.31 Transaction Amount: 24,440.31 v {))(\ 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111~111~ IIIII~ IIIII ~111111111~11~ 1111 Applicant: HOFMAN PLANNING & ENGINEERING Description Amount CUP09007 3,121.50 6111 EL CAMINO REAL CBAD Receipt Number: R0077156 Transaction ID: R0077156 Transaction Date: 11/19/2009 Pay Type Method Description Amount Payment Check 3,121.50 Transaction Amount: 3,121.50 c LEGAL DESCRIPTION PARCEL A: THAT PORTION OF PALOMAR AIRPORT IN LOT G OF THE RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOR NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. PARCELB: THAT PORTION OF PALOMAR AIRPORT IN LOT G OF THE RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOR NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896. c «~1· ~ CITY OF HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services PlaMinc Department 1635 Faraday Avenue (760) 602~10 www.carlsbadca.gov CARLSBAD Consultation of Usts of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that {check one): [!] The development project and any alternatives proposed in this application !f!J!m contained on the lists compied pursuant to Section 65962.5 of the State Government Code. D . The development project and any alternatives proposed In this application !!'.! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Pacific Sports Resort,Inc./ Name: Pacific Athletic Club Carlsbad, Inc. Name: county of san Diego, Dept. of Public wora, Airports Address: One Lombard C/O Western Athletic Club Address: 1960 Joe Crosson Drive San Francisco, Ca 94111 El Cajon. Ca 92020-1236 Phone Number: (720) 284-6418 Phone Number: (619) 956-4800 Address of Site: 6111 EL CAMINO REAL Local Agency (City~ County): CITY OF CARLSBAD; COUNTY OF SAN DIEGO Assessor's book, page, and parcel number:_7_6_o_-2_2_1_-_o1_s _____________ _ Speclfylist(s):. ________________________ _ Regulatory Identification NLmber:. ____________________ _ The Hazardous Waste and Substances Sites Ust (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality tv;t requirements In providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 «~~'> ~ CITY OF CARLSBAD c PROJECT DESCRIPTION P-1(8) PROJECT NAME: PALOMAR COMMONS Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANTNAME: -------------------- P~ease describe ~ully the proposed project by application type. Include any details necessary to a equately explain. the scope and/or operation of the proposed project. You may also include any ba~ground Information and supporting statements regarding the reasons for or appropnateness of, the application. Use an addendum sheet if necessary. ' Description/Explanation: The proposed Palomar Commons project is located on the southwest corner of Palomar Airport Road and El Camino Real (previous Olympic Hotel site, now approved for the Western Athletic Club). The project is proposing retail and commercial uses: • 122,256 SF home improvement store (w/o Garden Center) • 4,200 SF of restaurant • 6,000 SF bank • 2,570 SF retail shops • 13,000 SF drugstore • 4,272 SF gas station/convenience store The project is proposing a General Plan Amendment from Travel/Recreation Commercial (TR) to General Commercial; a Zone Change from Tourist Commercial, Qualified Development Overlay Zone (CT-Q) to General Commercial with a Qualified Development Overlay Zone (C-2-Q). The applicant is also applying for a Site Development Plan, Special Use Permit and a Conditional Use Permit. P·1(B) Page 1 of 1 Revised 04/09 N ot'Ice of Determination 100221 To: D Office of Planning and Research P.O. Box 3044 From: CITY OF CARLSBAD Sacramento, CA 958 1 2-3044~ U" 0 l1 f3 @ So C Cl k David l:lutler. Recorder Cuunty Clet!; ounty er SEP. 1 ~~\an Ann: Linda Kesian Mail Stop A-33 1600 Pacific Highway ev ___ -:D~EP=u--TY""' San Diego, CA 921 01 Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 Project No: GPA 04-03/GPA 09-07 IZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-2 1 {A)ICUP 09-07 /CUP 10-05 Filing of Notice of Determination in compliance with Section 2ll08 or 21152 of the P ublic Resources Code. Palomar Commons Project Title 201 005 1074 State C learinghouse No. City of Carlsbad, Van Lynch (760) 602-461 3 Lead Agency, Contact Person Telephone \'J~flJ>t: CA S Southwest corner of Palomar Airport Rd and El Camino Real. Carlsbad. San Diego County Project Loca tions (include County) Name of Applicant: Pacific Sports Resorts, Inc/Pacific Athletic Club Carlsbad, Inc Applicant's Address: One Lombard Street, San Francisco, CA 94 11 I ~0.,.,, ''1' ~I Applicant's Telephone Number: (720)284-6418 _, "' J' t Project Description: Request for the adoption of a Mitigated Negative Declaration and a Mitigation Moni toring and Reporting Program and approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Spec ial Use Permit, two Conditional Use Permits, and one Conditiona l Use Permit Amendment for the development of a 16.65 acre site with a 185,244 square foot commercia l center. This is to advise that the City of Carlsbad has approved the above described project on September 14, 20 I 0, and has made the following determinati on regarding the above described project. I. The project wiiJ not have a significant effect on the environment 2. 0 An Environmental Impact report was prepared fo r this project pursuant to the provisions of CEQA. [8J A Negati ve Declaration was prepared for this project pursuant to the provisions ofCEQA. D This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a cond iti on of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Consid erations was not adopted for this project. 6. Findings were made pursuant to the provisions ofCEQA. This is to cert ify that the fin al Negati ve Declaration and Mitigation Monitoring and Reporting Program and with comment s and responses and record of project approval is ava ilable to the era! Public at THE CITY OF CARLSBAD. I!.EU IN I HE OFFICE QF fHE CQUNTY CLE rf?-/0- DON NEU , City Plrumer Date Date received for filin g at OPR : Revised 0611 0 0 0 Planning Division www.carlsbadca.gov August 26, 2010 San Diego County Clerk Attn: Linda Kesian P.O. Box 121750 San Diego, CA 92112-1750 RE: NOTICE OF DETERMINATION/FISH AND GAME FEES -PALOMAR COMMONS-GPA 09-07 Ms. Kesian, Please find attached a Notice of Determination for the Palomar Commons project and check in the amount of $2,060.25 for the filing fee and Fish and Game Fees. Per our phone discussion, the check is made payable to the County of San Diego, yet has the name and address of the Airports Administration office included and it was stated that as long as the check was payable to the County of San Diego, the other ancillary info was not relevant. Thank you for your assistance in this matter. Sincerely, J~ VAN LYNCH Senior Planner c: file T 760-602-4600 F 760-602-8559 ® Notice ofDeterr nation To: 0 Office of Planning and Research P.O. Box 3044 From: CITY OF CARLSBAD Sacramento, CA 958 12-3044 SO County Clerk Attn: Linda Kesian Mail Stop A-33 IF0l1J:g@ l>.lvld Butler, Re.:ordcr· Cuunty Clc• 1.. 1600 Pacific Highway San Diego, CA 921 01 AUG 2 6 2010 L. Kesian OEPUlY Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 Project No: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SU P 09-08/CUP 03-2 1(A)/CU P 09-07/CUP I 0-05N I 0-0 I Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Palomar Commons Project TitJe 201005 1074 State Clearinghouse No. City of Carlsbad, Van Lynch (760) 602-4613 Lead Agency, Contact Person Telephone Number Southwest comer of Palomar Airport Rd and El Camino Real, Carlsbad, San Diego County Project Locations (include County) Name of Applicant: Pacific Sports Resorts, Inc/Pacific Athletic Club Carlsbad, Inc Applicant's Address: One Lombard Street. San Francisco, CA 94111 Applicant's Telephone Number: (720)284-6418 Project Description: Request for the adoption of a Mitigated Negative Declaration and a Miti gation Monitorin g and Reporting Program and approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Deve lopment Plan, Special Use Permit, two Conditional Use Permits, one Cond itional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center. This is to advise that the City of Carlsbad has approved the above described project on August 24, 20 I 0, and has made the followin g determination regarding the above described project. I . The project will not have a significant effect on the environment 2. 0 An Environ mental Impact report was prepared for this project pursuant to the provisions ofCEQA. [gl A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 0 This project was reviewed prev iously and a Negative Dec laration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were mad e a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Fi ndings were made pursuant to the provisions ofCEQA. This is to certify that the final Negative Declaration and Mitigation Monitoring and Reporting Program and with comments and responses and record of project approva l is avai lable to the General Public at T. E CITY OF CARLSBAD. DON NEU, Planning Director Date received for filin g at OPR: ,~..t.u IN THe uFFICE Of THE COUNTY CLERI< "'nn Diego Count) on AUG 2 6 zw~ 1 A ''"'-8'-2 -lo Date Revised 06/10 , ~CARLSBAD 0 0 Planning Division www.carlsbadca.gov MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: General Commercial Land Use designation and Palomar Commons GPA 04-03/GPA 09-07 /ZC 09-08/SDP 09-05/SUP 09-08/CUP 03- 2l(A)!CUP 09-07/CUP 10-05N 10-01 6111 El Camino Real -southwest comer of Palomar Airport Road and El Camino Real PROJECT DESCRIPTION: A General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment land use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC) and a Zone Change from Commercial Tourist-Qualified development overlay zone (C-T-Q) and Planned Industrial (P-M) to General Commercial-Qualified development overlay zone (C-2-Q) and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: IZI Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. 0 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). 0 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: August 24, 2010, pursuant to City Council Resolutions No. 2010-213 and 2010-214. ATTEST:() ~/! 401\Lle-u DONNEU Planning Director 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® N · fD Q t• ottce o etermtna ton To: 0 Office of Planning and Research P.O. Box 3044 From: CITY OF CARLSBAD Sacramento, CA 95812-304't;l O SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 David Butler, Recorder/County Clerk AUG 26 Z010 ~~ __ " ___ L. Kes~n .... DEPUlY Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 Project No: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-2l(A)!CUP 09-07/CUP 1 0-0SN 10-01 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Palornar Commons Project Title 2010051074 City of Carlsbad. Van Lynch (760) 602-4613 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Southwest comer of Palomar Airport Rd and El Camino Real, Carlsbad, San Diego County Project Locations (include County) Name of Applicant: Pacific Sports Resorts. Inc/Pacific Athletic Club Carlsbad, Inc Applicant's Address: One Lombard Street San Francisco, CA 94111 Applicant's Telephone Number: (720)284-6418 Project Description: Request for the adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center. This is to advise that the City of Carlsbad has approved the above described project on August 24, 2010, and has made the following determination regarding the above described project. 1 , The project will not have a significant effect on the environment 2. 0 An Environmental Impact report was prepared for this project pursuant to the provisions ofCEQA. ~ A Negative Declaration was prepared for this project pursuant to the provisions of· CEQA. 0 This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQ A. This is to certify that the final Negative Declaration and Mitigation Monitoring and Reporting Program and with comments and responses and record of project approval is available to the General Public at T E CITY OF CARLSBAD. OFFICE CLERK 8-2t;,-/o Date Date received for filing at OPR: Revised 06/1 0 State of California-The Resources Agency DEPARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STA'TEAGENCY OF FILING SAN DIEGO PROJECT111lE PALOMAR COMMONS PROJECT APPLICANT NAME PACIFIC SPORTS RESORTS, INC/PACIFIC ATHLETIC CLUB CARLSBAD, INC PROJECT APPLICANT ADDRESS ONE LOMBARD STREET PROJECT APPUCANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPUCABLE FEES: 0 Environmental Impact Report Ill Negative Declaration CITY SAN FRANCISCO 0 Other Special District 0 Application Fee Water Diversion (State Water Resouroes Control Board Only) 0 Projects Subject to Certified Regulatory Programs 12J County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other _________________ _ PAYMENT METHOD: 0 Cash 0 Credit Ill Check 0 Other_1_0_33_4 __ _ SIGNATURE L., Kesian X RECEIPT# SD2010 0863 STATE CLEARING HOUSE #(lfopp6cabieJ 2010051074 DA'TE 09-15-2010 DOCUMENT NUMBER .20100221* PHONE NUMBER 720-284-6418 STATE ~PCODE CA 94111 0 State Agency Ill Private Entity $2,792.25 $ $2,010:25 $ $2,010.25 $850.00 $ $949.50 $ $50.00 $ $50.00 $ _____ _ TOTALRECEIVED $ ____ $_2_,0_6_0._25_ 11111111111111111111111111111111111111111111111111 ORIGINAL· PROJECT APPUCANT COPY· DFGIASB COPY· LEAD AGENCY COPY· COUNTY CLERK FG 753.58 (RII\'. 7/0a) Notice of Determination To: D Office of Planning and Research P.O. Box 3044 From: CITY OF CARLSBAD Sacramento, CA 95812-3044 SO County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 f1 w B::rt!eL Reu~mkJrif'm Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 {760) 602-4600 Project No: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-2l(AVCUP 09-07/CUP 10.:05 Filing· of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Palomar Commons Project Title 2010051074 City of Carlsbad, Van Lynch (760) 602-4613 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Southwest comer of Palomar Airport Rd and El Camino Real, Carlsbad, San Diego County Project Locations (include County) Name of Applicant: Pacific Sports Resorts, Inc/Pacific Athletic Club Carlsbad, Inc Applicant's Address: One Lombard Street, San Francisco, CA 94111 Applicant's Telephone Number: (720)284-6418 Project Description: Request for the adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, and one Conditional Use Permit Amendment for the development of a 16.65 acre site with a 185,244 square foot commercial center. This is to advise that the City of Carlsbad has approved the above described project on September 14, 2010, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. 0 An Environmental Impact report was prepared for this project pursuant to the provisions of CEQ A. ~ A Negative Declaration was prepared for this project pursuant to the provisions ofCEQA. 0 This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Negative Declaration and Mitigation Monitoring and Reporting Program and with comments and responses and record of project approval is available to the FJ¥eral~Public at THE CITY OF CARLSBAD. · , IN CLERK9-I~-· ..... u rv- DON NEU, City Planner Date Date received for filing at OPR: Revised 06/10 David L. Butler COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 • Fax (619) 557-4056 www.sdarcc.com RECORDERICOUN1Y CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 • San Diego, CA 92112-1750 Tel. (619)237-0502 • Fax (619)557-4155 Transaction#: 233513720100915 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 15-Sep-2010 14:35 FEES: 2,010.25 Qty of 1 Fish & Game Neg Dec (1800) for Ref# NOD: 0221 50.00 Qty of 1 Fish and Game Filing Fee for Ref# RCT: 0863 ------ 2,060.25 TOTAL DUE PAYMENTS: 2,060.25 Check ------ 2,060.25 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes • Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate • Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies • Assessor Parcel Maps * Property Ownership * Property Records * Property Values * DocurnentRecordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents c David L. Butler 0 COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 232293220100826 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 26-Aug-201{) 11:29 FEES: 2,010.25 Qty of 1 Fish & Game Neg Dec (1800) for Ref# NOD: 0207 50.00 Qty of 1 Fish and Game Filing Fee for Ref# RCT: 0799 2,060.25 TOTALDUE PAYMENTS: 2,060.25 Check 2,060.25 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes • Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate • Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies • Assessor Parcel Maps • Property Ownership * Property Records • Property Values • Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com • Forms and Applications • Frequently Asked Questions (FAQs) * Grantor/ Grantee Index • Fictitious Business Names Index (DBAs) * Property Sales • On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents I ' . ""' 0 State of California-The Resources Agency DEPARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# SD2010 0799 STATE CLEARING HOUSE #{lfapplicab/eJ 2010051074 lEADAGENCY jDATE CITY OF CARLSBAD !08-26-2010 COUNTY/STATE AGENCY OF FILING I DOCUMENT NUMBER SAN DIEGO 1*20100207* ~PR~O~J~E~CT==TITIE~~-----------------------------------------------------------------L PALOMAR COMMONS PROJECT APPLICANT NAME PACIFIC SPORTS RESORTS, INC/PACIFIC ATHLETIC CLUB CARLSBAD, INC PROJECT APPLICANT ADDRESS ONE LOMBARD STREET PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report [J Negative Declaration CITY SAN FRANCISCO 0 Other Special District 0 Application Fee Water Diversion (State Water Resourr:;es Control Board Only) 0 Projects Subject to Certified Regulatory Programs [J County Administrative Fee 0 Project that Is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other--------------------------- PAYMENT METHOD: 0 Cash 0 Credit [J Check 0 Other_1_0_3_1_2 ___ _ SIGNATURE L. Kesian X STATE CA 0 State Agency $2.792.25 $2,010.25 $850.00 $949.50 $50.00 PHONE NUMBER 720-284-6418 ZIP CODE 94111 12) Private Entity $ ______ _ $ ___ __:$_2:_,0_10_.2_5_ $ ______ _ $ $ __ _ $50.00 $ ______ _ TOTALRECEIVED $ ___ __c.$_2,:_0_60_.2_5_ lllllllllllllllll IIIII 1111111111 IIIII 1111111111111 ORIGINAL· PROJECT APPLICANT COPY • DFGIASB COPY· LEAD AGENCY COPY· COUNTY CLERK FG 753.Sa (Rev. 7 AJ8) .4f~_A. CITY OF VcARLSBAD 0 FILE COPY Planning Division www.carlsbadca.gov August 26, 2010 San Diego County Clerk Attn: Linda Kesian P.O. Box 121750 San Diego, CA 92112-1750 RE: NOTICE OF DETERMINATION/FISH AND GAME FEES -PALOMAR COMMONS-GPA 09-07 Ms. Kesian, Please find attached a Notice of Determination for the Palomar Commons project and check in the amount of $2,060.25 for the filing fee and Fish and Game Fees. Per our phone discussion, the check is made payable to the County of San Diego, yet has the name and address of the Airports Administration office included and it was stated that as long as the check was payable to the County of San Diego, the other ancillary info was not relevant. Thank you for your assistance in this matter. Sincerely, c)~ VAN LYNCH Senior Planner c: file 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® c ltht San nitgo J:~_jECEIVED • •. ~UG 2 6 2010 . Ul'HATIES Hli:PARTMENT ltnion·arrlbunc. SIGNCDN eiilnce~ Classifieds SAN DIEGO 'IN!--h .. ,.. P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF CARLSBAD 1635 FARADAY AVENUE ATTN: KEVlN DAVIS SR. CONTRACT ADMINISTRATOR PUBLIC WORKS CONTRACT ADMlNISTRA TION CARLSBAD, CA 92008 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union-Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, :md not in any supplement thereof on the follo·.,~ng dates, to wit: A.,I4,201~ Yt1 Chief Clerk for the Publisher 8/25/10 Date Affidavit of Publication of Legal Advertisement Ad# 0010418690 ORDEREDBY:DONNAHERATY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, bealuse you.r int&rsst m&Y be affoct&d, that the City Conlldl of tha City of Carlsbad will hold a publlc huarillg at thu Coun<!ll Cll.amb'""'• 1200 Carlsbad \1\llago Dnv<>, Carlshall, Clallfornia, at 6:00 p.m. on Tllasday; August 24, 2010, to con.sldor appmvlng a General Plan Amondmcmt to eSiallllsh a nQW Gellaral Plan Llllld Usa dsajgnatlon of Genmal Cammarclal {GC). WOOn!as, on July 7, 2010 th" CitY of Carlsbad Plannlnll Co:mml.!lsklll voted 5·2 to zeoommend approval to oiNl>llsb a nliW General Plan Land Usa dsslgnatlon of General Commalrlal (GC). Thas • psrsons wisblng to •peak on this proposal are oordlally inVited to attand tbe public ru..u::tng. Copkls of the "'Jcmd<l biD will hll aw.tbobllil on and al'tl:>r August 2.&, 2010. If you haw any quostlollll, pluasu contact Vm l>{nch In th<~ Planning Division at (760) 602·4613 or van.lynchOau-lsbadcfil.gov. If you challQngg tho GQD.oral Plan Amond~m~nt in court, y<>u ~m~y bo l!Jnitgd to m!slnq only those Issues you ar I!IOIWIQJl<> oW.. •ais<ld at the public hUllng dascriblld In this notlco or in wtltt<~on COir&Sp<lOU!..noa delivarlld to tll.a City of Carlsbad. Attn: City Clsrk's Office, 1200 Carlsbad Villago Drlw, Carlsbad, CA 92008. at or pnor to the pub!lc heatirl!ll. CASE FILE: OPA 04..03 CAllE NAME: GENERAL COMMERCIAL AMENDMENT PUBLISH: AUGUSt 14, 2;010 CITY OF CARLSBAD CITY COUNCIL PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is for ... 1e County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Ti <B PLMI!IIi~.SS!OI""'L!CHEMIH 1 NOTICE IS HE..fi£BY GIVEN to you, becau1e your Interest may be affected, that the Planning Commission ol the City ol Car1sba.d ~¥111 hOld a public hearing at the Council Chamb«l, t 200 Carls bed VIllage Drive, Carlsbad, Celllornla, Formerly known as the Blade-Citizen and The a!6:00p.m.0f1Wednesday,July7,2010,toconsldertllelollowlng: Advocate and which newspapers have 1) PUP 05·12181. LA COSJArK$ NORTH 3,3-Requm lor. dltennlnatlon thai the project Is within tile scope ollhe previously • . certified Villages ol La Costa ogram EIR and that lite Program EIR edequately dlscrlbes tile activity lor the PUfiiOS8S or CECA; and adjudicated newspaperS Of general CtrculattOr a recommendation ol approval pia Planned Development Permit Amendment for building ftoor plans, elevations and plotting lor tilt • deYelopment of67 slngle-famlti dlteched homes within lht Villages of La Costa Oaks North, Neighborhood 3.3. gi!Mnllly located west Superior Court of the County of San D1ego, ofRandloSantaFeRoad.souttJefMttroseOrtveandnorlhoiCtdtnclastreeunlocllFacolluesr.tanagementZone u. California, for the City of Oceanside and the Thlsprofectiswltlllnllllecope~AnaiProgramaR9a-o7andnofurlherceoAcornpnancetsrequlred. Escondido, Court Decree number .17 1349, ~ ( county of San Diego, that the not1ce of w I qd; ;-11 annexed is a printed copy (set in type not sm2 1?}· ~ nonpariel), has been published in each regr L. r-\:: - entire iSSUe Of Said neWSpaper and not 2) GPA04=03/GPA09·0WC 09.08/SOP 09·Q5/ SUP Oi-Q8/CUP 03·211AVCUP 09·07/CUP 10-0SIY 10·01-PALOMAR COMMONS- • , Request lor the recommendation ol adoption ola Ml!lgated Negadve Dec:taratlon and a Ml!lgatlon Monitoring and Repor11ng Program Supplement thereof On the fOllOWing dateS, tO-ud a recommendation ol approval of a General Plan Amendment to establbll a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment ud a Zone Cl\ange and approval of a Site Development Plan, Special Use Pennlt, two Conditional Use Permits, one Conditional Use Penni! Amendment, and a Variance lor tile development ola 16.99 acre $1te with a 186,044 square toot commercial center located at the southwest corner of Palomar Airport Roed and El Camino Real in Local Facllllles Management Zone 5. June 25th, 2010 I certify (or declare) under penalty of perjury foregoing is true and correct. Dated at Escondido, California Jane Allshouse NORTH COUNTY TIMES Legal Advertising Mitigation measures have been Incorporated Into the design ol the proJect or have been placed u conditions ol approval for the project such that all potentially significant Impacts have been mitigated to below a level ol significance. - II you e11a11enge these proJects In coun. you may bt limited to ralslng only tlloselssues you or someone else raised at the public heartng descttbed In this noltce or In written corrupondence delivered to the City of Carlsbad at or prior to tile public hearing. Copies ollhe environmental documents art avaltablt at tile Planning Department at 1635 faraday Avenue during regular buslntss hours from 7;30 am to 5:30pm Monday lltroug/1 Thursday and 8:00am to 5:00pm frtday. Those persons wblllng to speak on tlltst prOj)OSits ere cordially Invited to attend tile public heating. Copies ol lilt stall reports will bt avallable online at httDi/twww.cWbadca qovlodf!loc b!mf?ptd,.295 on or after lite Friday prior to tile heartng datt. II you have any questions, please call the Planning Department at (760) 602·4600. PUBUSH: June 25, 20t0 CITY Of CARLSBAD PLANNING DIVISION Ne-''tulS CITY OF CARLSBAD JUL 0 6 ZOJO Community & Economic Development Department . ~· ~I) CARLSBAD (?G\1(® Oav1d Buller, R<:~ordcr/CouniY Clerk CITY OF CARLSBAD MAY 2 6 2010 Planning Depa rtment v. Esquivel BY DEPUTY NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Community & Economic Development Department CASE NAME: CASE NO: PROJECT LOCATION: Palomar Commons GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/CUP 03- 2 l(A)ISUP 09-08N 10-01 Southwest comer of Palomar Airport Road and El Camino Real. Carlsbad, San Diego County PROJECT DESCRIPTION: A request for a General Plan Land Use Element amendment to create a new Land Use designation of General Commercial CGC) and a General Plan Land Use amendment to change the existing land use from Travel Recreation/Commercial CT-R) and a portion of Planned Industrial (PI) to General Commercial (GC). A Zone Change from Commercial Tourist-Qualified development overlay CC-T-Q) and Planned Industrial CPM) (.87 ac) to General Commercial, Qualified development overlay (C-2-Q) will implement the new land use designations. The Special Use Permit is for the development adjacent to the El Camino Real Scenic Corridor. The Conditional Use Permits will allow for the gas station/carwash and drive thru facility for the bank. and a modification of the entrance to the adj acent San Diego County Animal Control facility. The variance is for the modification of the overall and individual sign area and letter height allowance for the home improvement store. The project will modify the entrance to the San Diego County Animal Shelter, add a new signalized intersection on Palomar Airport Road. close the existing left turn lane onto the project site on northboLmd El Camino Real, and add new deceleration lanes for proj ect entrances on Palomar Airport Rd and El Camino Real. The project will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the intersection and construct a separate eastbound ri!!ht turn only lane on Palomar Airport Road at the El Camino Real intersection. The project will require grading with an import of soil material. The project site was formerlv developed as the Olympic Resort and Spa. which included an 80 room hotel, restaurant. health club. spa, conference center, parking lot. tennis courts and a golf driving range. The site is surrounded by existing development, with the McClellan-Palomar Airport to the north, industrial development to the east and south, and the San Diego Countv Animal Control facility to the west. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (ElA Part 2) identified potentially significant effects on the environment, but ( 1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. T (760) 602-4600 F (760) 602-8559 A copy of the initial study (ElA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional publ~c notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in rhe Planning Department at (760) 602-4613 or van.lynch@carlsbadca.gov. PUBLIC REVIEW PERIOD May 26.2010 -June 25,2010 PUBLISH DATE May 26. 2010 (ff}:1t~D hj.Jf J JD 1:11 C (\('\ ' v'\..- NOTICE OF PUBLIC HEARI~AN DIEGO COUNTY CLERK ofQ BOARD OF su'P~IM>ly{f { Mail to: Public Notice Hearings, Mailstop A-45, Room 402, 1600 Pacific Highway, San Diego, CA 92101 Response must be received by: July 6. 2010 Public Hearing Date: ""Ju~l,J......!-7"'-'2""'0"""1'""0'--------------------------------- Public Hearing Place: 1200 Carlsbad Village Drive. Carlsbad. California. 92008 Public Hearing Time: ""6'-":0,_,0C¥-:-.m......,_. ----------------------------------- Project Title: Palomar Commons-GPA 09-07 Lead Agency: Citv Of Carlsbad-Planning Contact Person: ~V-=an=->L,...vn-=:;c=h __________________ _ Street Address: 1635 Faraday Avenue Phone: (760) 602-4613 City: Carlsbad Zip: 92008 County: San Diego County PROJECT LOCATION~ County: San Diego County City/Nearest Community: .:::C'-'-'ity~O~f,_:C~ar~ls""'b,ad:!...._ __________________ _ Cross Streets: Palomar Airport Rd and El Camino Real Total Acres: ..!.1~6.~5.:.5 ________________ _ Assessor's Parcel No. 213-020-18-00 Section: Twp. Range: Base: =Sp""'a=n=is=h.:..=L=an=d=-G=-"ra=n=t ____________ _ Within 2 Miles: State Hwy #: N/A Waterways: -'-'N""'/A~--------------------- Airports: McClellan/Palomar Railways: · Schools: Carlsbad and San Marcos Unified ENVIRONMENTAL DOCUMENT: CEQA: 0 NOP 0 Supplement/Subsequent 0 Early Cons 0 EIR (Prior SCH No.)-------------- ~ Neg Dec 0 Other:------------------ 0 DraftEIR LOCAL ACTION TYPE: 0General Plan Update 0 [8JGeneral Plan Amendment 0 ~General Plan Element 0 Ozone Code Amendment [8J DEVELOPMENT TYPE: Specific Plan Master Plan Planned Unit Development Site Plan 0Residential: Units ---------- Ooffice: Sq. Ft. ---------- Ocommercial: Sq. Ft. -"18,_,6!..:0,_4'-"4 _______ _ 0Industrial: Sq. Ft. ---------- 0Recreational: PROJECT ISSUES DISCUSSED IN DOCUMENT: 0AestheticNisual D Flood Plain/Flooding QAgricultural Land D Forest Land/Fire Hazard [;8JAir Quality D Geological/Seismic [;8JArchaeological/Historical 0 Minerals Ocoastal Zone ~ Noise 0Drainage/ Absorption 0 Population/Housing Balance 0Economic/Jobs D Public Services/Facilities 0Fiscal D Recreation/Parks Present Land Use/Zoning/General Plan Use [8J Rezone [8J Use Permit 0 Land Division (Subdivision, Parcel Map, Tract Map, etc.) 0 D D D D [gJ ~ [gJ Acres _____ _ Acres ------ Acres -'-16""."'-55"------- Acres ------ Schools/Universities Septic Systems Sewer Capacity Soil Erosion/Compaction/Grading Solid Waste Toxic/Hazardous Traffic/Circulation Vegetation 0 Annexation 0 Redevelopment 0 Coastal Permit ~ Other: Special Use-Scenic Corridor 0 Water Quality D Water Supply/Ground Water.' D Wetland/Riparian 0 Wildlife 0 Growth Inducing 0 Land Use D Cumulative Effect 0 Other: Vacant (removing Olympic Resort and Spa, Golf driving range, tennis, and pool! Tourist Commercial/Travel Recreation/Commercial Project Description: Construction and operation of an 186,044-square-foot commercial center on 16.99 acres of land located on the southwest comer of Palomar Airport Road and El Camino Real. The project features a home improvement store, gas station and car wash, bank, and four retail shop buildings. The project includes Conditional Use Permits for the gas station, car wash, and drive through facility for the bank building. An amendment to the existing Conditional Use Permit for the County Animal Shelter is also proposed to revise the access way to the shelter. The project proposes a land use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC), a new land use designation. Where documents are located for Public Review: Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008 August 2006 .df~_A C I T Y 0 F ~17CARLSBAD QITY OF CARLSBAD \? Q ~ ~ 'd Butler Recorder/County Clerk Davt • MAY 2 62010 JUN 0 1 Z010 . . I Planning Department community & Econom•c BY V. ESQUIV8 Development Department DEPUTY www.carlsbadca.gov CASE NAME: CASE NO: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Palomar Commons GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/CUP 03- 21(A)/SUP 09-08N 10-01 PROJECT LOCATION: Southwest comer of Palomar Airport Road and El Camino Real, Carlsbad, San Diego County PROJECT DESCRIPTION: A request for a General Plan Land Use Element amendment to create a new Land Use designatiO_!! of General Commercial CGC) and a General Plan Land Use amendment to change the existing land use from Travel Recreation/Commercial CT-R) and a portion of Planned Industrial CPI) to General Commercial CGC). A Zone Change from Commercial Tourist-Qualified development overlay (C-T-Q) and Planned Industrial (PM) (.87 ac) to General Commercial, Qualified development overlay (C-2-Q) will implement the new land use designations. The Special Use Permit is for the development adjacent to the El Camino Real Scenic Corridor. The Conditional Use Permits will allow for the gas station/carwash and drive thru facility for the bank, and a modification of the entrance to the adjacent San Diego County Animal Control facility. The variance is for the modification of the overall and individual sign area and letter height allowance for the home improvement store. The project will modify the entrance to the San Diego County Animal Shelter, add a new signalized intersection on Palomar Airport Road, close the existing left tum lane onto the project site on northbound El Camino Real, and add new deceleration lanes for project entrances on Palomar Airport Rd and El Camino Real. The project will also modify the northbound left tum lane on El Camino Real to Palomar Airport Road to provide dual left tum lanes at the intersection and construct a separate eastbound right tum only lane on Palomar Airport Road at the El Camino Real intersection. The project will require grading with an import of soil material. The project site was formerly developed as the Olympic Resort and Spa, which included an 80 room hotel, restaurant, health club, spa, conference center, parking lot, tennis courts and a golf driving range. The site is surrounded by existing development, with the McClellan-Palomar Airport to the north, industrial development to the east and south, and the San Diego County Animal Control facility to the west. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of~}le whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional publ~c notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613 or van.lynch@carlsbadca. gov. PUBLIC REVIEW PERIOD May 26,2010-June 25,2010 PUBLISH DATE May 26,2010 FILED IN THE. OFFICE Of HiE C:OUN i Y CL~RI\ San Dlego County on MAY 2 6 2010 Posted MAY 2 § 2010. Removed .. ~---- Returned to agency on V. ES _yiy~_L Deputy_ ·-· ·-·-····--····------·------·-·g rn 1"- ..IJ rr U.S. Postal Service 11,1 .CERl"IFIED MAIL,. RECEIPT. (Domestic Malf Only; No Insurance Coverag ided) For delivery Information visit our website at www.usps.com~~ ~ ~--~~~~,_~~~~~=r---=~~-==---_J ::r <tJ CJ Postavo $ 1------------1 Cenifitld Foe CJ Rotum Receipt Fee CJ (Endorooroont Roquuod) CJ 1------------1 Rostrfc!Od Oeb11ery Feo 0 (EndOISement Required) Ll1 6 P.A ~-... -=---=o=7-. .,..,.....,.---........a.ulol·tL l+eon"t&/11 '-~ Total Postao' California Coastal Commission rr Sent o Attn: Toni Ross CJ CJ 1"- suiititAiit''No Suite 1 03 ~:.'::!.~.~':. 7575 Metropolitan Drive Cdy, stau,,z,p San Diego, CA 92108-4402 .... SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • .Print your name and address on the reverse so that we can retum the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 A. Signature X Yes If YES. enter delivery address below: 0 No r l'"OnN A COASTA .. CCff\.y ~:;!ON SAN DIEGO COAS1 DISTRICT 3. Service Type ~ertlfled Mall 0 Express Mall 0 Reglstet8d ~etum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? {Ext!a Fee) 0 Yes 2. Article Number (rransfer from service /abef) 7009 2250 DODO 8419 9673 PS Form 3811, February 2004 Domestic Return Receipt 102595·02-M·IS40 ·~ 0 ·~CARLSBAD 0 FILE COPY U2 •Q).,;~. /0 Planning Department www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Wednesday, July 7, 2010, to consider a request for the following: CASE NAME: PUBLISH DATE: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03- 21 (A)/CUP 09-07/CUP 10-05N 10-01 -Palomar Commons June 25, 2010 DESCRIPTION: Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.99 acre site with a 186,044 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Van Lynch in the Planning Division at (760) 602-4613, Monday through Thursday 7:30a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION T (760) 602-4600 F (760) 602-8559 c · port \omar P.,.lr \ \\an-?a t-J\cce • N NOT TO SCALE Palomar Commons GPA 04-03 I GPA 09-07 I ZC 09-08 I SOP 09-05 I SUP 09-08 I CUP 03-21 (A) I CUP 09-07 I CUP 10-051 V 10-01 ru ::r U.S. Postal Service r" CERTIFIED ~"' RECEIPT (Domestic Mall Only; -sursnce Coverage Provided) # ~------------· ~ ~--~~~~~~=-~~~~~~~~~--~ ::r <0 CJ Poslngo s 1-------l Cer1Jftod Fee CJ Aetum Ro:~Cetpl Foe CJ (Endorsemeot Required) CJ ~--------~ Poslmnrlc Here S·JS·to Restncted Dowel}' Fee CJ (Endorsement RoqUlrod) U1 6P.A ~ . v. I ~ ~ TOUI!Posta California Coastal Commission ,..,.,.....,=---Attn: Toni Ross g; Suite 103 CJ f'-7575 Metropolitan Drive San Diego, CA 92108-4402 SENDER: COMPLETE THI SECTION • Complete Items 1, 2, am. Also complete item 4 if Restricted Delivery Is desfred. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 CALIFORNIA /'-'-~'"'w'II"\L COMN JSION DIEGO COAST DISTRICT s.~elYPe ~ertilled Mall 0 Express Mall 0 Registered ~eturn Receipt for Merchandise 0 Insured Ma.ll 0 C.O.D. 4. Restricted Dellvery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service label) 7009 2250 DODD 8419 9642 PS Form 3811, February 2004 Domestic Return Receipt t0259S.02-M·1540 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CAUFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 26th, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. CITY OF CARLSBAD Dated at Escondido, California JUN 0 3 7010 -· Jm ll r •I) Development Deparu an:ll" Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Rling Stamp Proof of Publication of PROPOSED DETERiioiiNATION: The dry of Carlsbad has conducted an en· IAronmental riiVIew ot the above de$cllbod pt0jec1 JXJISUilnt to the Guldellnee lor Implementation ol the Canfornl& Environmental OUaJrty Act (CEOA) end the Envlronment.al Protection Ordinance ol the Ctty of Carlsbad. Aa e result ol said review. the lnl1lal stUdy (EIA PM 2) identtfleef potentially 591'IIC8I'It et!ects on the enwona· but 1) revisions Ill the project plans or proposals made by. or agreed to by. the a a nt before the proposed negatJve declarauon and lnltlol ltvdy are lor public /lMeW would avoid the eftecls or m•t1Q818 the effecte to a point ~ clearly no S1Q111f1C81!1 effect on the enwonment WOI.IId occ:ur, and (2) there Is no subs1anbel 8Yidence in hght of the wt10I8 record be-lora the City that the projec1 "a IIIV1sad' may have a SigndiCant eflec:t on the enwonment Therefofe. a MltJgeted Negetlva Dactaiatlon ...,. be rec:om· mended lor edopllon by the c:.ty ol Cattsbad City Couoal A copy ol the inroal study (EtA Patt 2) documenting reasons to suppot1 the propoaec1 Mlbg8ted Negative Oeclarebon ts on file in lhe Plann.ng Deportment, 1635 Fareday Avenue, Cartlbad. California 92008. Comments from the publiC are 1nvrtec:t Pun;uant to Section 15204 ol the CEOA (itnd@lines, N'l re~~M~WlOQ Mrtlgated NeQ~!tlve Oeclarellons, pen;ons and pubfoc agenaes should focus on llhe propoeecJ fiiiCing that 1he prOjec:t wil no1 have a signlflcanl ellec1 on the environment. If persons and publiC agencies believe lhatlhe prOjec:t may have a llgnlflcent e1tec1. they should· (1)1Clentdy the speoftc: effect; (2) exp1111n why they baiMIVe 1he ellect WOI.IId oocur, and (3)explam whY they bel•eve the elfect would be lianiflcant Please submit comments •n wntlno to the Plannong De· partmant Wlihln 30 days o11he date ol 1Ms OOIJC8, The proposed ptOjeCI end Mmgated Negative Decrlaratioo ero .ubjDCtto relll8w and approval/adoption by the Cny of Carlsbad Ptanntng Commrsslon and Ctty Councll. AddlliooOI pobllc notice• will be I$Suod Whon II~ publiC "-111inge are scheduled tf )'0!1 have any questions. ~ cell Van Lynch In tho Plan· nfng Deportment at, 7~~13 or ~9C0(16badcn.~. PUBLIC REVIEW PERIOD MAY 2G. 2Q10 : .hlnll ~ 2Qll!T ....,~,..82 PUBLISH DATE -::;::c__:MA:;~Y:,;~;;;,;2!llil;;;==:-== NC=""""=""=-:-~ "' CERTIFICATION Otrest!NG ATTA~HMENT "2" I certify that the "Notice of Project Application• has been posted at a conspicuous location on the site on I J. 2-1{1 0 . (DATE) ljll SIGNATURE: ---/--~..:...:_ f.;~/-1------- PRINT NAME: Mark Radelow PROJECT NAME: Palomar Airoort Commons PROJECT NUMBE~ ----------- LOCATION: Southwest corner of Palomar Airport Road and El Camino Real in Carlsbad, CA RRU~TO:~J.~A~j~Ly~~~~~~~-------- (Pianner) P-21 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue Carlsbad.~ 92~7314 Page4ol6 !RECENED Re..ised 08/09 - RecEIVED FEB 0 1 2010 CfTY OF CARLSBAD .Dl h~lJ~~ n-s:s:tr 0 CERTIFICATION I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN: 213-020-18 DATED 04-30-10 600FT. ~~WELL I PROJECT NAME: c Cit EARLY PUBLIC NOTICE Palomar Commons PROJECT NUMBER: GPA 09-07/ZC 09-08/SDP 09-05/SUP 09-08/CUP 09-07 This early public notice is to let you know that a development application for a retail commercial center project within your neighborhood has been submitted to the City of Carlsbad on November 30, 2009. The project application is undergoing its initial review by the City. LOCATION: On the southwest corner of El Camino Real and Palomar Airport Road. The site is the former Olympic Resort and golf driving range. PROJECT DESCRIPTION: A request for a General Plan Land Use amendment and zone change to Commercial for the development of a 152,298 square foot retail commercial center. Proposed retail and commercial uses are a home improvement store, restaurant, bank, retail shops, drugstore, and gas station with convenience store. The project will modify the entrance to the County animal shelter and add a new signalized intersection on Palomar Airport Road. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Van Lynch, at van.lynch@carlsbadca.gov, (760) 602- 4613, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. I 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ('!) City of Carlsbad Palomar Commons GPA 09-07 I ZC 09-08 I SDP 09-05 I SUP 09-081 CUP 09-07 N A 0 100200 400 600 800 1,000 1,200 • -1Feet Map created by the City of Carlsbad GIS. Portions of the DERIVED PRODUCT contain geographic information copyrighted by SanG IS. All Rights Reserved I I I \ ---\ 1-----OJ5nt40 l l I TOCOUNTY ) EXJSTING ANIMAL WEST PARCEL RESUME SITEAAfA: ~.30ACRES BUILDING AREA: 30,042 Sf PARKING: 124 ST...US RAllO: 4,1/1000 SF EAST PARCEL RESUME SITE AREA: 12.02 ACRES BUILDING AIU;A 127,256 SF PARKING. 503 STALLS RAllO. 4.1/IOOOSF OUTDOOR SALES: 31,718 SF SITE TOTAL SITE AREA: 16.32ACRES BUILDING AR£.\. 152,298 SF PARKING. 627 STALLS RAllO· 4,1/1000 SF OUTDOOR SAlES. ~-~..,...,._____.. ,_ __ ,_ -.. -- EXTERIOR LIGHTING CONCEPTS UOHllNG D!.SCIII'tlONS: UCIH'!INO ~ 1'Ht ,~ CQ!oW(Jl6 "O•Q ,..._,. v.wa • OUIICino lOt~ TMf ~ecrutAl CONClmN/0 IM.f!...U. ~lHflrf('lttD~HIO~ A(~AIU&I'Atf IQ«'WAU.N:J.,tt.OW»>Q, --UOHllNG OfSION Clllti!A UOHllNG DESIGN CllltiiA !COtiT.I Ulti'JOtutitf"'JO Vawtt OP ''*'!NO"" 'l(;t1JNl»w.. W Dr~Ut0C'I>N\M.Ut M AIOCI"tCNIIJ NIO f't!Oir(:t tl1tJollll•t '""""" l'tOUftOf OP'liAnoH IIWlM~.O tortOKINfOI:I~"'mta N#OWU.OOioW\YwtlH~Wf MCUIJrt UOtft)«)""""" I'DW>i ., f.)fft.\IW)HASAtrAOD JO t1 MIIOCI ~t.v.10n•arrorcus~ ~IOot\IOfa~lCOt~tOCK ff'UlllOITINGit~.IIIOM RflAIL 122,256 SF EAST PARCEL ) SITE PLAN PALOMAR COMMONS CACLSIAQ. CALHOINIA r..4 • I'UBUC SI'ACf UOHllNG • l'fOO.t~M~..ur.w.u.•u~no~ ftl.\1 'A.ftMAY)Aft'IGU)IiUD "-"UoANO~M.C~$H.AU· lU~ln;J~ JM41 tHf.NtAfUHC.ftlHtt $CMDwmQIT~~ Ji.UCU...O~CII;UIO P\a.IC ~Met. uau~ ttWti'IOMOn f'ftJDl'WiUR ~ f#N:I t.IOiifiNO IIM1' KI'QU10' ,_.Uft, IQ\MOf' ,.,.,.-'-IQl.I.AID -----~ro·•li.Mlr,Oim«w-n ,,._ I r--_j I ---dureooR SA~ES ! I I LEGEND TRASH ENClOSURE • DESIGN SHAll MEEl REFUSE BIN INCLOSURE STANDARDS FOR THE OlY OF CARLSBI\0 I I 1011 I A-1 SGPA ARCiii TECTUR£• PLANNIN G IAN DUGO t.AH "AHCU'O ---..,_ ~·.~,t:···· SHEET INDEX 9.Y!!. C I CMl COYU SHEET C2 SllF D(VUOf'MCNT f'I.AN I CJ SIT~ OfVEl.Of'M[NT MN 2 C. Slff I)(VU()fM(NT 1'\AN ~ CS SIT( OfVELOI'MO<I' 1'\AN 4 C6 Slff IX\'Il()fM(Nl f'I.AN S C7 SIT( DfVEI.Of'MOO f'I.AN 6 U ll!VCX IUINI>IGANAL\'Silo AIO<ITIOU!Al A-I ()Y[IAI.I. SIT( I'IAH M I'OXSTIIWI ACCUS f'I.AN . WUI PAICR ..._., I'{I)($11WI ACCUS I'IAH. £AST PAICR M IUll»>O WVAIIONS DIUG STOll • SOUIH I WUI A-S lUll»«) WVAIIONS DlVO STOU • NO«TH I t:AST M IUlOII>IG IUVAIIONS PAD A A-1 -.DING [L[VAIIONSGI.SSTAOON • HOOITH IWUl A-I -.DING EUVAIIONS G1.S STAOON ·SOUTH I t:ASI '-' IIUilDIN() [L[VAIION$ 2.$1()«'( IN« '-10 IUlOII>IG IUVAIIONS PAD I '-II IIUilDIN() [L[VAIIONS H()M( IMIIl()Y[MlNT '2 CIXOC 101m LONfS OUT [)()()I! DISI'IAY ~ C.. I I I»C>SCAif CONC(rt 1'\Atl • WUI PMCU c.. 1.7 I»()SCAAf CONCI:rt f'I.AN • I'ASI PMCU 1.-7 I WATtR COHS(R'IAIION (X>IIIfl • W[ST PMC(l L-7.2 WAl[R C()NS{R'IAIION IX>IIIfl • !AS! PAaCI:L l-3.1 I!QAIMED WAfER t:XHIIIfl . WEST PMCn l-3.2 UOAIMED WAI(R fllHI811 ·IA.'Il MRCU CONSTRUCTION/OCCUPANCY Wlst PARCCL ALL 8\ALDINCS AAf IYPC V.U OM Ill· B. fiAt Y SPI!INKlfRID. OCCUP#K:f IYP£5SHALLINCLUD£ 'II"FOC 111\N~ AND 'A7' fOR RfSIAURANT. All OTHUS SHALL !If 'M' fOR M!IIOW<11U. fAST PAaCI:" IYPf 1.a fULLY Sl'tiNKLUfD OCOJP#K:f TYPE 'M.' • PLANNING SUBMITIAL 1 PROJECT DATA ~ SIU Nl:fA WUIPAiCI.l t:ASI PMCEL 8UILDINO MlA; 710.8'19 5I' (16 ~7 ACIISI 187,308 Sf (OOACitUI SD,591 Sf (12 07 AC1tf51 157,798 Sf OMDI:NCCN!U. 31,718$1' r All (W/0 OMoi:N CCNlUII 1 I 42!1. IOIAL PARiai'<O RCOIARCD lttSIAUIIANl M£A RCSTAUitANl PO«nnN orrAD " 1,700 sr PAD 8 IULDING 3,000 Sf IOIAlltfSTAUIIANl MIA: 4,700 Sf •.200 SE • (1/100 GlOSS Sll • 47 STALLS IINAHCIAliNS1Tl\JIION AReA 7.srO«Y -. 6.000 sr IOIAl nowcAL fo<SIITIITKlN lolflA 6.000 Sf 6.00051' •llnSOGIOSSSil 74 STALLS INDIYQJ.\l RCTAilloJlf.A RCTAILIOtllON Of PAO A. 7,570 SF D11U0 STOlle 13,000 sr GAS SIAIION I COtiYIMCNCI STOll· 4,772 sr H()Mf IMI1tCNI'MLNT' (W/0 G.\IOEN ClN 1172.756 SE IOIALUTAILA.RCA. 147,098 Sf 1•7,098 g • (1,1300 GlOM Sll • 47• SIALLS IOIAL PAJ!ICING RCO\ARfO IOIALP........O fltOYI0(1) ACC(S98l£ PAIIl<II>IG li:OVIRID ·~Of101Al ACCI;SSIBI.t PAltiCII>IG Plt0'<1DlD MRIQI>IG'AOO, NUMBU Of LOIS PIOOI'QSlO. S4051ALU 671 SIAlU 13 STALlS' 1351All5 • 17/ 1000 Sl' (7) ClASS! fiCO M C2 NOVEMBER 19, 2009 PROJECT TEAM I)_~ COLTONSUOIERitY :woeti iO' IXVlLOI'MlNT, INC MAAA RA!lll.OW s•6s MOCtltOUSC: OIIIVC SUI I£ 760 SAl< DICCO, CA 97121 18581 546-3000 I (115111 546 3009 ~g UIIH ,I'TSf()tn) SCI'AARCIII£CIUU & f'I.AN .. NO ISOS HOlll OIICU' SOUIH STVDIO 700 SAN DKCO, CA 971011 (6191797.0131 1161'1?9 .. 953• CML [IIGIUHR DICX lANG ~<UIINOCO 6110R4NOYAI10NWAY CMLSIAD, CA 97009 17601692-1'50 117601697·1951 IA>C>sc:Aif AlCifl£<:1 GUN SOWJOT SCi"''Il OCSICN OIIOUI'.INC IIAI!lNCOSIANT£ 76SS f<ll.'llliAV(NU( SAN DICCO, CA 97103 (61 'I 2:U.1467 I (61 'I 236-1197 CNGINUI • lAND USC: I'IAH .. I>IG llll HOfMAN HO<MAN ftANI<ItiO & (tf(IINlUING 31S2 UOI'&ltAO AV(NU( CAII.StAO, CA 97010 (7601692 .. 100 I(/60J697_.10S 'ln.!I.II41Y C9tiSUll<\l n lllll~N YONICDI POWERPLUSI (1601 781·3956 I (760J 181-3967 NOISC !JUOY, lfll{MY LOUD£N lDNCONSULnNG,INC. (7601 •73·1253 I (1601689·4943 otOlOGICAL SIUDY ANO •<I'ORI• PACJnC SOUTHWEST BIOlOGICAl (6191477·5333 1.(619J 417·S380 ~lNTAL COI<SULIII>IG SCIMCES: I !lUX lt>MilQI4MCNIAli'I.ANNINO,INC (61fi462·1SIS 1(619j 467.0SS2 MITOIIl.B~ 8RUCf MdNl'IRf PALOMAR COMMONS CAI1.$1A0. CAlUOIUfA \ SlltADOftSS, \ ,, \ \ . 6111 [L CAMiNo lf-'L CAAlseAO, CALIIO«NNA 97011 ASSaOC'S PARCtl NUM8U 760-721.015 SllEACREAC£· 15 87 .O,()R(S OCISINO 16.37 AOCS PttOrOSlD - VICINITY MAP NTS. ·-" , ) ~ \ ./ ·-~ \ .,. ... ·-" I -.... I'IIOJOCl SIFt , \ \ '-.I \ I /"'-,. ..... ' ........ \ ---- PROJECT SUMMARY WSIING ION£ AND G£NE!Al PLAN WID USE DEliGNA I10H 5l[ CML ORAWlNCS D<ISIII>IG AND PI:Of'OS(D LAND USC: Slt CML ORAWINOS SGPA ARCHITEClURE• PlANNING t Af.l 01r00 $AN ft4aC:I$CO ~·:.~···· .. -~·"- ' T-1 c CERTIFICATION I RONALD COGSWELL I TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONT AINES THE NAMES, ADDRESSES AND PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR PM THE ;A TEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA SESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN: # 213-020-18 DATE OF 9-30-09 600FT. _Jf~ CITY OF ~CARLSBAD c Planning Division www.carlsbadca.gov CASE NAME: CASE NO: PROJECT LOCATION: MITIGATED NEGATIVE DECLARATION General Commercial Land Use designation and Palomar Commons GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/SUP 09-08/CUP 03- 21(A)!CUP 09-07/CUP 10-05N 10-01 6111 El Camino Real -southwest comer of Palomar Airport Road and El Camino Real PROJECT DESCRIPTION: A General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment ]and use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC) and a Zone Change from Commercial Tourist-Qualified development overlay zone (C-1-Q) and Planned Industrial (P-M) to General Commercial-Qualified development overlay zone (C-2-Q) and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: [83 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. D The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). D Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: August 24, 2010, pursuant to City Council Resolutions No. 2010-213 and 2010-214. ATTEST: QL21dl DONNEU Planning Director 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® «~ ~ CITY OF CARLSBAD EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 04/09 c 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:~ ll/st/o'l (To be completed by City) Application Number(s): ...._(,LJAu~~O?:::.....L.._-...,0~7'--------------------- General Information 1. Name of project: PALOMAR COMMONS 2. Name of developer or project sponsor: SUDBERRY DEVELOPMENT' INC. Address: 5465 MOREHOUSE DRIVE, SUITE 260 City, State, Zip Code: SAN DIEGO, CA 92121 Phone Number: (858) 546-3000 EXT. 526 3. Name of person to be contacted concerning this project: _MA_R_K_RA_D_E_L_o_w ________ _ Address: 5465 MOREHOUSE DRIVE, SUITE 260 City, State, Zip Code: SAN DIEGO, CA 92121 PhoneNumber: (858)546-3000 EXT. 526 4. Address of Project: 6111 EL CAMINO REAL Assessor's Parcel Number: 7 6 o-2 21-o 15 --------------------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: General Plan Amendment, Zone Change, Site Development Plan, Special Use Permit and Conditional Use Permit 6. Existing General Plan Land Use Designation: Travel/Recreation Commercial (T-R) 7. Existing zoning district: Tourist Commercial with Qualified Development Overlay Zone (C-T-Q) 8. Existing land use(s): Former resort/hotel/driving range. Currently vacant. 9. Proposed use of site (Project for which this form is filed): 152,298 SF Commercial Retail Shopping Center. Project Description 10. Site size: __ 1_6_._3_2_A_c_r_e_s __________________________________________ _ 11. Proposed Building square footage: _1_5_2....:.,_2_9_8_S_F _________________ _ 12: Number of floors of construction: _1 ___________________________________ _ 13. Amount of off-street parking provided: _6_2_7 ____________________________ _ 14. Associated projects: _N_/_A ___________________________ _ P-1(0) Page 2 of 4 Revised 04/09 c 0 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: City oriented commercial shopping center with 152,298 SF. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/_A ___ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional. use qr rezoning applications, state this and indica'e clearly why the application is required: ProJect 1.s request1.ng a zone change from Tounst P-1(D) Commercial, Qualified Development Overlay Zone (C-T-Q} to General Commercial with a Qualified Development Overlay Zone (C-2-Q}. Project is also requesting a Conditional Use Permit (CUP) to allow for a drive-through facility. Page 3 of 4 Revised 04/09 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D llil alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D [i] roads. 22. Change in pattern, scale or character of general area of project. D [29 23. Significant amounts of solid waste or litter. D llil 24. Change in dust, ash, smoke, fumes or odors in vicinity. D ~ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D lliJ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 125] 27. Site on filled land or on slope of 10 percent or more. 125] D 28. Use of disposal of potentially hazardous materials, such as toxic substances, D !XI flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 125] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D Q 31. Relationship to a larger project or series of projects. D lli] Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowle~~ "f be~ Date: 1tjt1jd1 Signature: lf'M-E_ " For: ,5,JJrJ(',-rl"7 ~v,fop~~ 111'\c P-1(0) Page 4 of 4 Revised 04/09 c CITY OF CARLSBAD REVIEW AND COMMENT MEMO SEPTEMBER 16, 2011 PROJECT NO(S}: CD 11-14 REVIEW NO: 1 ---------------------------------------~ PROJECT TITLE: PALOMAR COMMONS APPLICANT: CSDI, LLC --~~--------------------------------------------~ TO: ~ Land Development Engineering-Terie Rowley D Police Department-J. Sasway D Fire Department-Greg Ryan D Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District D Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 10/14/2011. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Signature Date PLANS ATIACHED /~. · ~;tff / ?OP ~~/ C:£7 /I-/ f Ve',rl /t::' ..$I;/;:;. Review & Comment gkK~ 05/11 c CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: APRIL 18, 2011 PROJECT NO(S): CD 11-05 REVIEW NO: 1 -----------------------------------------~ PROJECT TITLE: PALOMAR COMMONS APPLICANT: CALIFORNIA BANK AND TRUST TO: [gl Land Development Engineering-Terie Rowley D Police Department-J. Sasway [gl Fire Department-James Weigand D Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District D Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 05/13/11. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application 11Complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you A/ / COMMENTS: _ _____,,~Lft2-~-----.~"'"'· ~wz~m~~;.....:-:.c...L?t.J.!S~------------ ~~ 4-.J:?r~// Signature Date Review & Comment 03/10 '1\... c CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: APRIL 18, 2011 PROJECT NO(S): CD 11-05 REVIEW NO: 1 -----------------------------------------~ PROJECT TITLE: PALOMAR COMMONS APPLICANT: CALIFORNIA BANK AND TRUST TO: 1:8] Land Development Engineering-Terie Rowley 0 Police Department-J. Sasway 1:8] Fire Department-James Weigand 0 Building Department-Will Foss 0 Recreation -Mark Steyaert 0 Public Works Department (Streets)-Nick Roque 0 Water/Sewer District 0 Landscape Plancheck Consultant -PELA 0 School District 0 North County Transit District-Planning Department 0 Sempra Energy-Land Management 0 Caltrans (Send anything adjacent to 1-5) 0 Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 05/13/11. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: .f/t<£ .rfl<jf/J:J'};{U VJAL ~£ R£QU J/.£r), Signature Date PLANS ATTACHED Review & Comment 03/10 \fl. c Memorandum 08/04/2010 To: From: Via Re: Lisa Hildabrand, City Man~ger Don Neu, City Planner ~71 ~ Gary Barberio, Community and Economic Development Directo~ Palomar Commons Market Study-GPA 09-07 Please find attached the Market S~udy that was submitted with the Palomar Commons project located at the intersection of Palomar Airport Road and El Camino Real, GPA 09-07. The study is a requirement of General Plan land Use Element Commercial Implementing Policies and Action Program C.l (attached). The study is referenced, but not included within the Planning Commission staff report for the project that is attached to the City Council Agenda Bill. We are forwarding the study at this time as additional background information pertinent to the City Council's consideration of the project. Attachments DN:Vl:bd Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax GENERAL PLAN LAND USE ELEMENT COMMERCIAL C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.1 Applications for the re-designation of land to shopping center uses shall be accompanied by a conceptual development plan of the site and a market study that demonstrates the economic viability of using the land in the way being requested. Such studies shall give due consideration to existing and future sites that may compete within shared trade areas. DATE: APRIL 19, 2010 CITY OF CARLSBAD REVIEW AND COMMENT MEMO REVIEW NO: 1 TO: D Engineering, Development Services-Terie Rowley D Police Department-J. Sasway FROM: ~ Fire Department -James Weigand D Building Department -Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District 1Z1 Landscape Plancheck Consultant -PELA D School District D North County Tra nsit District -Planning Department D Sempra Energy -Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CUP 10-05/CUP 10- 06N 10-01 PROJECT TITLE: Palomar Commons APPLI CANT: Hofman Planning & Engineering PROPOSAL: Commercial retail shopping center: 142,098 sf of retail ; 6,000 sf of bank; and 4 200 sf of restaurant. Please review and submit written comments and/or conditions to PLANN1NG TRACKING DESK, in the Planning Department at 1635 Faraday Avenue, by 05/06/10 . If you have "No Comments", please so state. Thank you COMMENTS: 81G'C 4cc.£:J:f A' A./,-::;> /9~ /YY/.7/Z/1~-<. ~t~77 c AJJ ~Mv~ e4.L/7c.> /C/1: v/ ;z t-../. -.< 6Lv ,c '..r ...F/1/7/?J( f/~:srrt~/t...rc: tvdi.. l~.i?_Ot-;Jrt.!Z J'7/J-lk. Fin:£ r.:oJ..rrN£.. CERJ.. -----JC'/10(. .J~.JII/K<.J~ !Cii:~tt.Kf:D .Ftn.. /-IVY STlcU (]y!Zli: J-NJOJi'IYt.J.AR<r./f:. DATE: 6 1/· / t> a.r /EI?f PLANS ATTACHED Review & Comment 09/07 May 4, 2010 TO: FROM: RE: ' 0 ·~ Van Lynch, Senior Planner Michele Masterson, Senior Management Analyst Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review-3rd Review Palomar Commons-CUP 09-07, SDP 09-05, SUP 09-08 Palomar Airport Road & El Camino Real PELA file: 388-Palomar Commons-Con3 Landscape Architect: Schmidt Design Group, Phone: (619) 236-1462 All previous comments have been satisfactorily addressed.· c 0 April15, 2010 TO: Michael Elliott, City of Carlsbad's Contract Landscape Architect FROM: Schmidt Design Group, Inc. RE: Landscape Architectural Review-Conceptual Review-2nd Review Palomar Commons-CUP 09-07, SDP 09-05, SUP 09-08 Palomar Airport Road & El Camino Real PELA file: 388 -Palomar Commons-Con2 Mike- Responses to your comments have been addressed in bold italics. REPEAT COMMENTS 1. Completed. 2. Please address landscaping of all graded off-site areas. Check all sheets. City reviewer noted also (plan redlines) the areas to be addressed. On sheet L-1.1, SDG landscaped the corner of the dog run, the small parking strip at the gas & convenience store, small strip at the animal shelter parking, and (L-1.2) the corner of El Camino Real (the corner shared by the adjacent property where new pedestrian ADA ramp is proposed) 3. Completed. 4. Please shovt and label all easetH:eftts on the landseaf}e plans. InsUTe no trees are located within the easetH:ents. 2nd Review: Please coordinate with civil to relocate the proposed water easement to the south to avoid the landscape area. It may be difficult to get the palms into the leftover area. Civil was able to adjust the water line as requested and SDG did add where possible a second (palm) tree. 5. A retail building appears to be proposed at the west end of the site outside ofthe property line. Please explain and show where the new property line will be established on the west. 2nd Review: Please show and label all property lines and right-of-ways on the plans. City reviewer isn't sure why we had gone beyond property line (Sheet L-1.1) and what looks to be the animal shelter's property. SDG Needs to note on plan that lot lines will be adjusted and under same owner I developer. 6-10 Completed. 11. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and screen/soften new improvements. Landscaping shall be used to accentuate and enhance architecture. Planting to include screen trees and shrubs is needed along the south side of the project to soften, screen and enhance views of the large Lowe's building from the south. Additional plantings are also needed in the areas as outlined below to meet the above requirements: a. North (north side deleted per Van Lynch), east and west sides of Lowe's building. b. North, east and south sides of the retail building on sheet L-1.1. c. West side of the drug store building. 2nd Review: Please provide additional trees. Palomar Commons Conceptual Plan Review c Please address all areas. March 10, 2010 Page2 2nd Review: Although screen shrubs with vines are shown along the south property line this will be insufficient to screen/soften the project from views from the south due to grade issues. All screen shrubs are located along the north side of the retaining wall where in some cases they will be lost behind the retaining wall (see cross sections WX1 through WX5 on sheet C9). A larger width planting area is needed along the southern property line to allow area to install evergreen screen trees (Civil and Lowes had provided where possible a 5' wide planter along the southern wall where we added tall evergreen trees, tall shrubs, and vines) and shrubs to the south of the wall in these areas where they will be of benefit. (SDG placed large shrub symbols along the south side of the wall where possible (L-1.1) Larger planting area is also needed on the north side of the wall to allow evergreen screen trees with the shrubs where the retaining reverses (see cross sections WX7 through WX11 on sheet C9). This should be coupled with landscaping to include tall evergreen trees and shrubs along the south side of(adjacent to) the building. Please fully address. Please also address previous comments 11 a,b and c. (Also per review with city planner we have added trees to the parking lot along the retaining wall to help further screen from road. There is also an added planter strip along the west side of the building (previously none)that is planted with large shrubs to help soften the view) 12. A project of this scale should incorporate specimen size box trees to enhance the overall project site; site and building entries; and other focal points. It is strongly recommended that 36", 48", and 60" box trees be used at strategic points to enhance the project. Please address. 2nd Review: The plans now call for 5-36" box size specimen trees. 5 specimen trees is insignificant on a project of this size. It is strongly recommended that additional specimen trees of larger sizes be included at site and building entries. Please review. Large palms were discussed with the reviewer and place at the entrance locations. We also were directed to use the large Canary Island Palms at the corner which was also noted as counting towards large specimen tree. 13. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street comers within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show and label all sight lines and insure no conflicts with requirements. City reviewer noted on redline plan set we missed noting entry drive at El Camino Real (1-1.2) and we have now added to all entry drives 14-16 Completed. 17. Provide a minimum of one tree for every 40' of street frontage. Trees may be planted on center or grouped. Locate street trees: a. A minimum of 3' outside the public right-of-way. b. A minimum of 5' from paving. c. A minimum of 7' from any sewer line. d. Not in conflict with public utilities. e. Not to be allowed on street comers within a triangular zone drawn from two points, 25' from the beginning of curves and end of curves or within sight lines as described under "Sight Distance" above. (See Appendix C.4). Palomar Commons Conceptual Plan Review March 10, 2010 Page3 2nd Review: The total street frontage along El Camino Real appears to be approximately 630 lineal feet. When divided by 40' there needs to be a minimum of 16 trees along this street. Please add trees as appropriate to meet this minimum requirement. SDG now lists in /edged (1-1. 0) the liner feet on both El Camino Real and Palomar Airport road and the required number of trees per 40'. We added as needed the min. required 18. The specific trees creating a streetscape theme have been pre-selected by the City. Each theme shall be made up of four (4) types of trees: "Theme", "support", "Median", and "Project Identity/Accent Trees". (See Appendix C) Tree Type %of Total Streetscape Trees (includes street tree requirement plus adjacent setbacks) a. Median Island Trees N/ A (These trees shall be installed as part of the required street improvements) b. Theme Trees (These trees set the overall character of the streetscape and are located along the roadside but outside the right-of-way (See 0.3-1.2-3) c. Support Trees (These trees were selected to complement the theme tree. Select trees from those listed which fit the project site conditions.) d. Project Identify/ Accent Trees 50% 30% 20% (These trees are not pre-selected, rather the applicant can choose the best tree for their project and submit it for City approval. See the appendix of the Landscape Manual for specific trees to be used on Palomar Airport Road and El Camino Real. Due to problems with anthracnose, Platanus acerifolia is not to be used on El Camino Real. Please specify Platanus racemosa. 2nd Review: Support trees along El Camino Real (Eucalyptus species or Tristania) appear to be missing. Support trees along Palomar Airport Road (Alnus or Platanus) appear to be missing. Please show and call-out these trees. It is recommended that Tristania be used on El Camino Real due to issues with Eucalyptus. Support trees (the species per city request) were added to both El Camino Real and Palomar Airport Road 19. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please provide additional trees to meet this requirement. SDG coordinated with Civil to include necessary diamonds for additional trees in parking areas. We also submitted progress (proposed areas both on sheet L-1.1 near G&C Store, and in Lowes main lot (L-1.2) and on side parking at lowes) to City reviewer for comment and he found acceptable. Palomar Commons Conceptual Plan Review c March 10, 2010 Page4 20. There are very tall retaining walls on parts of the site. Plan notes indicate that 75% of the walls will be screened at plant maturity. Please further address how this will be accomplished by showing a typical detail of the proposed plantings at walls. It is recommended that plantable walls be installed. SDG was asked to add planting and trees along southern wall and to provide detaiL Planter was increased and trees allowed. Detail to be provided showing typicaL 21-24 Completed. 25. RETURN RED LINES and provide 2 copies of all revised plans (concept, water conservation, and colored water use plan) for the next submittal. NEW COMMENTS 1A. Please provide planting in all landscape areas. (Reviewers redlines show 1A at corner of El Camino drive corner next to adjacent property to be landscaped) 2A. The palms located on the southeast corner of the intersection of Palomar Airport Road and El Camino Real are Phoenix canariensis. Please revise the proposed palms to match. (Legend now calls out tall canariensis palms at corner) 3A. Please show the existing median tree as "to remain" or provide a new tree if this one is to be removed. SDG notes the existing planting well in median wl tree to remain, and (when reviewing Civil's drawings found no turn lane exists; all pavement). City requires planting wells every 70' (approx.) and coordinated with Civil to now show and added 4 planting wells wltrees to match existing planting scheme on El Camino ReaL 4A. Ceanothus griseus horizontalis 'Yankee Point' is not a large screen shrub. Please provide a substitute in the list. SDG removed the Yankee point and provided substitue. SA. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and screen/soften new improvements. Landscaping shall be used to accentuate and enhance architecture. Please provide trees in the following locations: a. Along the west side ofthe gas/convenience store. complied b. North, south, east and west sides of the bank building. complied c. Additional evergreen trees to the east of the drug store. complied d. North side of retail building on sheet L-1.1. complied 6A. Please indicate the proposed size of all plants. Reviewer noted on legend (1-1.0) miss size of palms; SDG now provides 7 A. Please coordinate with civil to relocate the sewer line to the north as required to allow tree plantings in this planter. We discussed with Civil and are not able to comply with moving sewer line; Reviewer requests a note from civiL We did add where possible added trees to compensate in nearby planning areas (note made on sheet L-1.2) near one island. 8A. Please coordinate with civil to relocate the storm drain to the northeast to allow a tree in this planter. We discussed with Civil and will not be able to comply to moving large SD; Reviewer requests a note from civiL We did add a planting diamond just south of the planting island that is in the easement to comply with adding trees for that area. 9A. Please provide tall evergreen trees to soften views of the building from El Camino Real. Added trees to slope and in parking lot to soften views in side parking lot Lowes (1- 1.1) Palomar Commons Conceptual Plan Review 0 March 10, 2010 Page 5 1 OA. Please provide tall evergreen trees to soften views of the building from El Camino Real. (note 9A) llA. Vauquelinia is not zoned for the Carlsbad area by Western Gardens. Please review its use and provide a substitute as appropriate. Substituted Vauquelinia (L-1.0) in legend per request. 12A. Please add all planted areas to the recycled water exhibit. To be up-dated March 26, 2010 City of Carlsbad COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM TO: Van Lynch, Planning FROM: Stephen Bobbett, Engineering 4t/J SUBJECT: 2nd ENGINEERING REVIEW OF PALOMAR COMMONS CUP 09-07 I SOP 09-05 I SUP 09-08 I GPA 09-07 I ZC 09-08 Engineering Department staff has completed a review of the application submittal documents for application completeness. The application and plans submitted for this project are complete. Below we have also listed engineering concerns that should be addressed prior to final determination or conditioning: I Engineering Concerns STORMWATER 1. Effective March 25, 2010, Carlsbad adopted a new Standard Urban Stormwater Management Plan (SUSMP). Among other things, the new SUSMP affects how you select/size water quality treatment devices which will impact the design layout of this project. As a resource, you may review the new Carlsbad SUSMP at the City's website. 2. EEl's January 13, 2010 Geotechnical Evaluation, Section 9.2 Site Drainage, states that "runoff should ... not [be] allowed to pond and/or seep uncontrolled into the ground." Provide an analysis letter from the geotechnical consultant discussing the impact of the underground stormwater detention and infiltration system. GRADING I EARTHWORK 3. As shown on sheet C4, revise the location of the toe of slope along Palomar Airport Road or add a retaining wall to maintain a flat parkway within the right of way. I Palomar Commons C Engineering Review #2 March 26, 2010 Page 2 of 3 UTILITIES 4. Provide an analysis letter from the geotechnical consultant discussing the impact of the proposed fill on the existing sanitary sewer line. 5. Consider reducing the height of the retaining wall along the south boundary from Section WX7 west by obtaining a letter of permission from the southerly property owner allowing offsite grading. As shown, demonstrate how runoff from the slope along this area is conveyed to the storm drain system. 6. Portions of the site plan showing the utility access drive and storm drain outlet details have been routed to Maintenance and Operations. Comments will be provided by separate letter. 7. Show the discharge line for the existing CMWD facility on the southeast corner of Palomar Airport Road and El Camino Real connected to the proposed storm drain system. Contact William Plummer at (760) 602- 2768. 8. Show the location of existing and/or proposed potable, irrigation and/or reclaimed water meters. TRAFFIC 9. Review of the Traffic Impact Analysis has not been completed. Comments will be provided by separate letter. STREET IMPROVEMENTS 10. As shown on sheets C4 andC8, revise the Palomar Airport Road and El Camino Real right of way to provide 1 0' from face of curb to the future right of way. OTHER 11. Discuss how maintenance of the common areas and implementation of the SWMP for this project will incorporate the portion of CUP 03-21 within this project. 12. Provide recommendations from the County of San Diego regarding compliance with the County's letter of May 8, 2008 from County of San Diego Solid Waste Management Enforcement Agency. 13. Provide a letter from the southerly property owner agreeing in concept to the proposed off-site improvements shown at the southeast corner of the site adjacent to El Camino Real. Palomar Commons C Engineering Review #2 March 26, 2010 Page 3 of 3 14. Coordinate fire protection and access with Carlsbad Fire Department. Contact Dominic Fieri at (760) 602-4664. 15. Additional comments may be developed during subsequent review of a complete submittal. 16. A redlined check print of the site plan, the drainage study and SWMP is enclosed for the applicants use in making the requested revisions. Please return this check print and the enclosed copies of the drainage report and SWMP to facilitate continued staff review. If you have any questions, please call me at 602-2747. Stephen Bobbett Enclosures: Redline copies, CUP 09-07 Site Plan dated November 19, 2009 and February 24, 2010 [1 5t and 2nd check] . c: Bill Plummer, Deputy City Engineer Doug Bilse, City Traffic Engineer Glen Van Peski, Senior Civil Engineer Project file. ( ~\ (0 March 10,2010 no-TO: Van Lynch, Senior Planner 0 FROM: RE: Michele Masterson, Senior Management Analyst Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review -Conceptual Review -2nd Review Palomar Commons-CUP 09-07, SDP 09-05, SUP 09-08 Palomar Airport Road & El Camino Real PELA file: 388 -Palomar Commons-Con2 Landscape Architect: Schmidt Design Group, Phone: (619) 236-1462 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements ofthe City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1. Completed. 2. Please address landscaping of all graded off-site areas. Check all sheets. 3. Completed. 4. Please shmv and label all easements on the landscape plans. Insure no trees are located ·.vithin the easements. 2nd Review: Please coordinate with civil to relocate the proposed water easement to the south to avoid the landscape area. It may be difficult to get the palms into the leftover area. 5. A retail building appears to be proposed at the west end of the site outside of the property line. Please explain and show where the new property line will be established on the west. 2nd Review: Please show and label all property lines and right-of-ways on the plans. 6-10 Completed. 11. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and screen/soften new improvements. Landscaping shall be used to accentuate and enhance architecture. Planting to include screen trees and shrubs is needed along the south side of the project to soften, screen and enhance views of the large Lowe's building from the south. Additional plantings are also needed in the areas as outlined below to meet the above requirements: a. North (north side deleted per Van Lynch), east and west sides of Lowe's building. b. North, east and south sides of the retail building on sheet L-1.1. c. West side ofthe drug store building. 2nd Review: Please provide additional trees. Please address all areas. 2nd Review: Although screen shrubs with vines are shown along the south property line this will be insufficient to screen/soften the project from views from the south due to grade issues. All screen shrubs are located along the north side of the retaining wall where in some cases they will be lost behind the retaining wall (see cross sections WXJ Palomar Commons Conceptual Plan Review 0 March 10, 2010 Page 2 through WX5 on sheet C9). A larger width planting area is needed along the southern property line to allow area to install evergreen screen trees and shrubs to the south of the wall in these areas where they will be of benefit. Larger planting area is also needed on the north side of the wall to allow evergreen screen trees with the shrubs where the retaining reverses (see cross sections WX7 through WX11 on sheet C9). This should be coupled with landscaping to include tall evergreen trees and shrubs along the south side of (adjacent to) the building. Please fully address. Please also address previous comments 11 a, b and c. 12. A project of this scale should incorporate specimen size box trees to enhance the overall project site; site and building entries; and other focal points. It is strongly recommended that 36", 48", and 60" box trees be used at strategic points to enhance the project. Please address. 2nd Review: The plans now call for 5-36" box size specimen trees. 5 specimen trees is insignificant on a project of this size. It is strongly recommended that additional specimen trees of larger sizes be included at site and building entries. Please review. 13. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show and label all sight lines and insure no conflicts with requirements. 14-16 Completed. 17. Provide a minimum of one tree for every 40' of street frontage. Trees may be planted on center or grouped. Locate street trees: a. A minimum of 3' outside the public right-of-way. b. A minimum of 5' from paving. c. A minimum of 7' from any sewer line. d. Not in conflict with public utilities. e. Not to be allowed on street corners within a triangular zone drawn from two points, 25' from the beginning of curves and end of curves or within sight lines as described under "Sight Distance" above. (See Appendix C.4). 2nd Review: The total street frontage along El Camino Real appears to be approximately 630 lineal feet. When divided by 40' there needs to be a minimum of 16 trees along this street. Please add trees as appropriate to meet this minimum requirement. 18. The specific trees creating a streetscape theme have been pre-selected by the City. Each theme shall be made up offour (4) types oftrees: "Theme", "support", "Median", and "Project Identity/ Accent Trees". (See Appendix C) Tree Type % ofTotal Streetscape Trees (includes street tree requirement plus adjacent setbacks) a. Median Island Trees N/ A (These trees shall be installed as part ofthe required street improvements) b. Theme Trees (These trees set the overall character of the 50% Palomar Commons Conceptual Plan Review c streetscape and are located along the roadside but outside the right-of-way (See D.3-1.2-3) c. Support Trees (These trees were selected to complement the theme tree. Select trees from those listed which fit the project site conditions.) d. Project Identify/ Accent Trees 30% 20% March 10, 2010 Page 3 (These trees are not pre-selected, rather the applicant can choose the best tree for their project and submit it for City approval. See the appendix of the Landscape Manual for specific trees to be used on Palomar Airport Road and El Camino Real. Due to problems with anthracnose, Platanus acerifolia is not to be used on El Camino Real. Please specify Platanus racemosa. 2nd Review: Support trees along El Camino Real (Eucalyptus species or Tristania) appear to be missing. Support trees along Palomar Airport Road (Alnus or Platanus) appear to be missing. Please show and call-out these trees. It is recommended that Tristania be used on El Camino Real due to issues with Eucalyptus. 19. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please provide additional trees to meet this requirement. 20. There are very tall retaining walls on parts of the site. Plan notes indicate that 75% of the walls will be screened at plant maturity. Please further address how this will be accomplished by showing a typical detail of the proposed plantings at walls. It is recommended that plantable walls be installed. 21-24 Completed. 25. RETURN REDLINES and provide 2 copies of all revised plans (concept, water conservation, and colored water use plan) for the next submittal. NEW COMMENTS 1A. Please provide planting in all landscape areas. 2A. The palms located on the southeast comer of the intersection ofPalomar Airport Road and El Camino Real are Phoenix canariensis. Please revise the proposed palms to match. 3A. Please show the existing median tree as "to remain" or provide a new tree if this one is to be removed. 4A. Ceanothus griseus horizontalis 'Yankee Point' is not a large screen shrub. Please provide a substitute in the list. 5A. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements ofunsightliness and screen/soften new improvements. Landscaping shall be used to accentuate and enhance architecture. Please provide trees in the following locations: a. Along the west side of the gas/convenience store. b. North, south, east and west sides of the bank building. c. Additional evergreen trees to the east of the drug store. ---------------------------------------------------------~~--- Palomar Commons Conceptual Plan Review 0 d. North side of retail building on sheet L-L 1. 6A Please indicate the proposed size of all plants. 0 March 10, 2010 Page4 7 A Please coordinate with civil to relocate the sewer line to the north as required to allow tree plantings in this planter. 8A Please coordinate with civil to relocate the storm drain to the northeast to allow a tree in this planter. 9A Please provide tall evergreen trees to soften views of the building from El Camino ReaL lOA Please provide tall evergreen trees to soften views of the building from El Camino ReaL 11 A Vauquelinia is not zoned for the Carlsbad area by Western Gardens. Please review its use and provide a substitute as appropriate. 12A Please add all planted areas to the recycled water exhibit_ FROM: CITY OF CARLSBAD REVIEW AND COMMENT MEMO NOVEMBER 30, 2009 Review #1 1Z1 Engineering, Development Services-Terie Rowley 1Z1 Police Department-J. Sasway 1Z1 Fire Department -James Weigand 1Z1 Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District [gj Landscape Plancheck Consultant -PELA D School District D North County Transit District-Planning Department D Sempra Energy -Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT / / REQUE~. FO~EVIEW AND COMMENT ON PROJECT NO(S): CUP 09-07/SDP 09-05/ SUP 09-08/GPA 09-07/ZC 09-08 I PROJECT TITLE: Palomar Commons APPLICANT: Pacific Sports Resort, Inc./Pacific Athletic Club Carlsbad PROPOSAL: Commerical Retail Shopping Center: 142.098 SF of total retail (including home improvement, retail shops, drug store and gas station); 6.000 SF of bank and 4,200 SF of restaurant. Please review and submit written comments and/or conditions to Michele Masterson in the Planning Department at 1635 Faraday Avenue, by 12/21/09. If you have "No Comments," please so state. Thank you COMMENTS:-a<.!I.JTJ(ttcntr<-Z £;ec._~k:?!JJG. s;ooCJ/ C.J/L(. ~£&UJ~"'J( 17/C£. JrteiNA( E!<:.S.'{fjt-Jl:"-:Jrt..li0 --t%~ AJDi@ r/101:77& r/.rc.C. t:.:::&~Kr-,cr«CA.fCcol»V£cr?<Wi tJ J'Vr;fQCit&-EP ;wmr/J 7o 10F /;/vPC41vT: -rJ)t( (<X/i?ldJIOfo r/!Z.l<-~OLJ / .S 3, 'Z:)() CFfi7 Ears /1 VdOue IZ{II?A7la/IJ 4T ZO f51. -/9;(0V/17!L-Nu<k( S?yJ rr.l-i .A..vp op'77CO!'-? z-:or; t<'"'".P?/cl""'~";'c. t /fcc_,N~..F.J Eorz i"<:.iC7hJc l.fl...r.::x< l<'.?:,t:-Jf!. (~.I? -<~~ tr: ;J tifl{ J a--J -"fir.:' r::r /J -1 PLANS ATTACHED Review & Comment 09/07 c ( '""(. ~ecember 15, 2009 ~ TO: Michele Masterson, Senior Management Analyst '\~ FROM: RE: Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review -I st Review Palomar Commons-CUP 09-07, SDP 09-05, SUP 09-08 Palomar Airport Road & El Camino Real PELA file: 388 -Palomar Commons -Conl Landscape Architect: Schmidt Design Group, Phone: (619) 236-1462 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. I. Plans are too conceptual to provide an appropriate review. One symbol is used for all shrubs and ground covers which may be very different in size and character and one symbol is used for many trees. Please provide a separate symbol for each type of shrub and tree (i.e. large evergreen shrub/tree, medium size shrub/tree, small flowering accent shrub/tree, etc.) and ground covers. Final comments are reserved pending receipt of more complete plans. 2. Please address landscaping of all graded off-site areas. Check all sheets. 3. Please coordinate landscape plans with civil and architectural plans (show and address landscaping of retaining walls along the south property line, coordinate grades/slopes at retention system at the southwest comer of the site, coordinate tree wells in parking lot, etc.). 4. Please show and label all easements on the landscape plans. Insure no trees are located within the easements. 5. A retail building appears to be proposed at the west end of the site outside of the property line. Please explain and show where the new property line will be established on the west. 6. Please show and label any outdoor public and employee break/eating areas on the plans. 7. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. It is noted that there are many existing trees and palms on site. Please fully address. 8. Please indicate the approximate proposed quantities of shrubs. 9. The water conservation plan shall demonstrate to the City how the proposed development will use all practical means available to conserve water in the landscape. Landscape design shall include water conservation as a primary criterion. Plans propose the use of zone 1 and 2 plantings with no zone 3 or 4 plantings. Please revise plans addressing water conservation as a primary concern by incorporating large areas of zone 3 and 4 plantings. 10. Please show bio-swale plantings in the bio-swale. Palomar Commons Conceptual Plan Review c 0 December 15, 2009 Page2 11. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and screen/soften new improvements. Landscaping shall be used to accentuate and enhance architecture. Planting to include screen trees and shrubs is needed along the south side of the project to soften, screen and enhance views of the large Lowe's building from the south. Additional plantings are also needed in the areas as outlined below to meet the above requirements: a. North, east and west sides ofLowe's building. b. North, east and south sides of the retail building on sheet L-1.1. c. West side of the drug store building. Please address all areas. 12. A project of this scale should incorporate specimen size box trees to enhance the overall project site; site and building entries; and other focal points. It is strongly recommended that 36", 48", and 60" box trees be used at strategic points to enhance the project. Please address. 13. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street comers within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show and label all sight lines and insure no conflicts with requirements. 14. The proposed palms are very different in character. Please provide a different symbol for each so it is clear where each type might be used. See comment number 1 above. 15. It is not clear where accent paving is proposed. Please clarify with more differentiating symbols and plan labeling. 16. All utilities are to be screened. Please show and label all known utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. 17. Provide a minimum of one tree for every 40' of street frontage. Trees may be planted on center or grouped. Locate street trees: a. A minimum of 3' outside the public right-of-way. b. A minimum of5' from paving. c. A minimum of 7' from any sewer line. d. Not in conflict with public utilities. e. Not to be allowed on street comers within a triangular zone drawn from two points, 25' from the beginning of curves and end of curves or within sight lines as described under "Sight Distance" above. (See Appendix C.4). 18. The specific trees creating a streetscape theme have been pre-selected by the City. Each theme shall be made up of four (4) types of trees: "Theme", "support", "Median", and "Project Identity/Accent Trees". (See Appendix C) Tree Type a. Median Island Trees % ofTotal Streetscape Trees (includes street tree requirement plus adjacent setbacks) N/A Palomar Commons Conceptual Plan Review c (These trees shall be installed as part of the required street improvements) b. Theme Trees (These trees set the overall character of the streetscape and are located along the roadside but outside the right-of-way (See D.3-1.2-3) c. Support Trees (These trees were selected to complement the theme tree. Select trees from those listed which fit the project site conditions.) d. Project Identify/ Accent Trees 50% 30% 20% 0 December 15, 2009 Page 3 (These trees are not pre-selected, rather the applicant can choose the best tree for their project and submit it for City approval. See the appendix of the Landscape Manual for specific trees to be used on Palomar Airport Road and El Camino Real. Due to problems with anthracnose, Platanus acerifolia is not to be used on El Camino Real. Please specify Platanus racemosa. 19. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Please provide additional trees to meet this requirement. 20. There are very tall retaining walls on parts of the site. Plan notes indicate that 75% of the walls will be screened at plant maturity. Please further address how this will be accomplished by showing a typical detail of the proposed plantings at walls. It is recommended that plantable walls be installed. 21. Planting or any combination of planting, mounding, and decorative walls shall be used to provide screening from adjacent property or streets ofthe parking area to a height of3'. Please clearly show locations of screen shrubs that address this requirement on the plans. 22. At least three percent of parking areas shall be planted and maintained with trees or approved shrubs. The plantings shall be contained in planting areas with a minimum dimension of 4' and bounded by a concrete or masonry curb of a minimum of 6" in height. The plantings shall be located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. Please provide a calculation proving the percentage of landscape area provided in the parking area. 23. The recycled water exhibit has been forwarded to Public Works Maintenance and Operations for review. Any comments will be returned to the applicant. 24. Please add the following notes to the plans and address the requirements on the plans: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 -Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for A ' Palomar Commons Conceptual Plan Review c December 15, 2009 Page 4 City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2-Ground Cover One hundred (100%) percent ofthe area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 -Low Shrubs Low spreading woody shrubs (planted from a minimum of2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 -Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes -6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard # 1. b. 3' to 8' in vertical height require Standards #1, #2 and #3. c. In excess of8' in vertical height require Standards #1, #2, #3, and #4. Areas graded flatter than 6: 1 require Standard # 1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 25. RETURN REDLINES and provide 2 copies of all revised plans (concept, water conservation, and colored water use plan) for the next submittal. 0 0 City of Carlsbad • :m• caw ·'4 ·t•a •; ·*4''' Date: December 14, 2009 To: Michelle Masterson, Planning Department From: J. Sasway, CPS, Carlsbad Police Department Subject: Palomar Commons-CUP 09-07 /SDP 09-05/ SUP 09-08/GPA 09-07 /ZC 09-08 Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model national standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1. Place and design the physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, landscape trees and shrubs, fences or walls, signage and any other physical obstruction. 2. Design the placement of person and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of parking lots, walkways, entrances and exits. Natural Access Control 1. Use sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exits. 2. Use fences, walls or landscaping to prevent and or discourage public access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership or property. Maintenance 1. Use low-maintenance landscaping and lighting treatment to facilitate the principles of natural surveillance, natural access control and territorial reinforcement. Lighting 1. All types of exterior doors should be illuminated during the hours of darkness, with a minimum maintained one (1) foot-candle of light, measured within a five-foot radius on 2560 Orion Way • Carlsbad, CA 92010-7240 • (760) 931-2100 • FAX (760) 931-8473 (!) each side of the door at ground level. 2. Recessed areas of buildings or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six (6) feet in width and are capable of human concealment, should be illuminated with a minimum maintained 0.25 foot- candles of light at ground level during the hours of darkness. This recommendation applies to defined recessed areas, which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a minimum of two (2) feet in height. 3. All exterior pedestrian walkways, interior common corridors, and open parking lots should be illuminated with a minimum maintained one (1) foot-candle of light on the walking or driving surface during the hours of darkness. 4. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 5. The parking and drive surface lighting should have a rated average bulb life of not less than 10,000 hours. 6. Accessible luminaries should have vandal resistant light fixtures and be not less than three feet in height from ground level when used to illuminate walkways and a minimum of eight feet in height from ground level when illuminating surfaces associated with vehicles. Light fixtures should be deemed accessible if mounted within fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining roof, balcony, landing, treads, platform or similar structure. Landscaping 1. To provide greater visibility, demonstration of ownership (territorial reinforcement), an enhanced pedestrian environment, and a suitable buffer with the adjoining properties, the basic landscaping theme should consist of low ground cover with a maximum height of 2 feet and canopy trees with a minimum lower canopy of 6 feet. 2. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 3. Use security landscaping in areas to deter loitering or entrance where pedestrians are not wanted. Addressing 1. Numerals should be located where they are clearly visible from the street on which they are addressed. They should be of a color contrasting to the background to which they are affixed. 2. Numerals should be no less than six inches in height, if located less than 100 feet from the centerline of the addressed street or 12 inches in height if placed further than 100 feet from the centerline of the addressed street. 3. The numerals should be illuminated during the hours of darkness. 4. The rear doors of all building should have address numbers not less than six inches in height and be of a color contrasting to the background to which they are affixed. 5. Buildings with a total square footage of at least 10,000 square feet should have rooftop numbers placed parallel to the addressed street, screened from public view and only visible from the air. The numerals are to be white, block lettered, constructed of weather resistant material, and placed against a black background. Address numbers are to be a minimum of four feet in height and 18 inches wide Doors 1. The police department recommends that hollow steel doors be a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed. 2. Only use glass doors with fully tempered glass or rated burglary resistant glazing. c Protect all exterior doors with security hardware. 3. Equip all doors with a latch cover constructed of steel. Ensure the latch cover is a minimum of .125 inch thick. Attach the latch cover to the outside by welding or with. non-removable bolts spaced apart on not more than ten-inch centers. 4. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of pressure in both a vertical distance of three inches and horizontal distance of one inch each side of the strike, to prevent violation of the strike. 5. Equip rear doors used for shipping and receiving and employee entrances with a viewer. 6. A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the strike sufficiently to prevent spreading. The dead bolt lock shall have a minimum of five- pin tumblers and a cylinder guard. Rolling Overhead Doors 1. Aluminum doors should be a minimum thickness of 0.0215 inches and riveted together a minimum of 18 inches on center along the outside seams. There should be a full width horizontal beam attached to the main door structure. 2. Fiberglass doors should have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven feet. 3. Doors using a cylinder lock should have a five-pin tumbler with a bolt extending one inch. 4. Doors exceeding 16 feet should have two lock receiving points or if under 19 feet one center receiving point. Windows 1. Equip movable windows with security hardware and burglar resistant glazing. 2. Cover other vulnerable non-movable windows with burglar resistant glazing. Windows of commercial buildings are vulnerable to breakage during the hours of darkness when the business is non-operational especially windows within 40 inches of any door locking mechanism 3. Glaze should be constructed of either two part laminated glazing with a 0.60 inch inner layer or burglary resistant glazing Roofs 1. All skylights on the roof of any building should be provided with rated burglary resistant glazing material securely fastened with bolts that are non-removable from the exterior. 2. All hatchway openings on the roof of any building should be secured as follows: a. If the hatchway cover is of wooded material, it should be covered on the inside with at least sixteen (16) gauge steel metal or its equivalent and attached with screws. 3. All air duct or air vent opening exceeding ninety-six (96) square inches on the roof, exterior doors, or exterior walls of any building should be secured by covering the same with the following: a. Iron bars of a least number four (4) steel or equivalent, spaced no more that five (5) inches apart on center, at each direction, welded at all point of intersection, or one by one-fourth (1 X Y4) inch flat steel or equivalent, spaced no more the five (5) inches apart on center, welded at all points of intersection. Trash Enclosures 1. Position the trash enclosures away from areas of shipping and receiving. Bank -ATM and Drive-thru ATM 1. Location is the most important element for ATM's and ATM drive-thru. 2. Good natural surveillance, lighting and access control should be incorporated to limit criminal activity. 3. Emphasis should be placed on visibility. 4. A bank drive-thru should be facing a well-traveled street. 5. Avoid fencing landscaping and walls that might deter natural surveillance. Gas Station Convenience Store -Robbery Prevention 1. Use a twenty-minute time delay safe that customers can see. 2. Store should be under video surveillance with a large monitor so people can see themselves. 3. Windows should be uncluttered with 50% transparency on the fa9ade. Front Fa9ade: Minimize curtains, posters and advertising materials which obscure vision, as they provide cover for robbers. 4. There should be good visibility and a fish bowl effect 5. There should be height markers and announcers on the doors 6. Locate payphones so they cannot be used to monitor the store 7. Post signage regarding the time delay safe, video surveillance, less than $30 in the drawer and clerk cannot open safe. 8. Open environment: An open and uncluttered environment which provides a clear, well- lit view of the sales area from outside is a deterrent to armed robbers. Walk-ways and displays should be low and angled to allow surveillance by the clerk. 9. Rear access: Any rear access should be fully secured with strong locks, and illuminated lanes leading to premises. Rear access door should be equipped with a viewer. 10. Design counters to maximize space between staff and customers. Deep counters with raised floors behind make it difficult for offenders to assault staff. 11. Mirrors: Mirrors allow staff to monitor otherwise blind spots, but make sure they don't allow offenders to see behind the counter. Alarm Systems 1. When considering an alarm system, the police department recommends a "verified system" in an effort to eliminate false alarm activations and increase breach detection. A verified system is verified through audio or visual components. 2. If considering electronic assess as a security feature, consider managed electronic access. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. Reviewed by: Jodeene R. Sasway Crime Prevention Specialist Carlsbad Police Department DATE: TO: FROM: c CITY OF CARLSBAD REVIEW AND COMMENT MEMO NOVEMBER 30. 2009 Review#1 1Z1 Engineering, Development Services-Terie Rowley 1Z1 Police Department-J. Sasway 1Z1 Fire Department -James Weigand 1Z1 Building Department -Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District 1Z1 Landscape Plancheck Consultant -PELA D School District D North County Transit District -Planning Department D Sempra Energy -Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CUP 09-07/SDP 09-05/ SUP 09-08/GPA 09-07/ZC 09-08 I PROJECT TITLE: Palomar Commons APPLICANT: Pacific Sports Resort. Inc./Pacific Athletic Club Carlsbad PROPOSAL: Commerical Retail Shopping Center: 142.098 SF of total retail (including home improvement, retail shops. drug store and gas station); 6.000 SF of bank and 4.200 SF of restaurant. Please review and submit written comments and/or conditions to Michele Masterson in the Planning Department at 1635 Faraday Avenue, by 12/21/09. If you have "No Comments," please so state. t.<J\ J4,-~ / z,? I {p PLANS ATTACHED Review & Comment 09/07 MCUP & CUP ANNUAL REVIEW SHEET FilE COPY INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETc.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar Commons-Drive thru bank (CB&T) CASE NUMBER(S): ~C~UP~l0~-~05~---------------- APPROVING RESO NO(S). ""67'-"0""-8 _______________ _ PLANNER COMPLETING REVIEW: _,_V-"'an..,_L"'-yn'-'-"'c.,_h ___________ _ PROJECT HISTORY Does project have a code complaint histo ? D Yes IZJ No ec~-t~~ explain below. Code Enforcement D Police D Fire revention Comments (include corrective actions taken ~nd date compliance obtained): 'ect is not constructed et. 5A~IAJ/f-~ Pc.Orb-6 GXPrM ~'5 i?(ftwlr wt> to-os-ltr 1 r 1 c;.. Nor ~t()b e&AJ~~. {flllwlc > "( tf -f 6 -r) 01\J Q:'\CED'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 02/11 QCountp of $->an iJBiego JACK MILLER DIRECTOR SOLID WASTE LOCAL ENFORCEMENT AGENCY 55000VERLANDAVENUE,SUITE110 SAN DIEGO, CA 92123 (858) 694-2888 FAX (858) 495-5004 1-800-253-9933 September 6, 2012 Ms. Michelle Alfieri Lowinger SSOE Group 11801 Pierce Street, 2"d Floor Riverside, CA 92505 PALOMAR COMMONS PROJECT www.sdcdeh .org PALOMAR AIRPORT LANDFILL-SWJS# 37-AH-0002 Dear Ms. Alfieri Lowinger: CITY OF CARl SBAD PLANNING DEP,"'H I MENT ELIZABETH POZZEBON ASSISTANT DIRECTOR The County of San Diego, Solid Waste Local Enforcement Agency (LEA) has reviewed several sets of architectural plans and design drawings for the construction of a new Lowe's home improvement store to be located on Palomar Airport Road in Carlsbad, CA. The proposed Lowe's development is located on the same parcel as the Palomar Airport landfill. In a Jetter dated April 8, 2010, the LEA outlined the requirements from California Code of Regulations, Title 27 (CCR 27) for new developments within 1 ,000 feet of buried waste. Lowe's conducted a soil gas survey of the property and submitted a report to the LEA in October 2010. Based on the results of the soil gas survey, it was determined that not all of the prescriptive requirements of CCR 27 Section 21190 were necessary for the construction of the Lowe's store. However, in order to protect public health and safety, the LEA required that audible methane detectors be placed in the building (interior offices), two new perimeter landfill gas monitoring probes be placed between the landfill and the Palomar Common's property, the landfill is disclosed to contractors on the plans, a Community Health and Safety Plan is prepared, a plan is prepared to manage unexpected wastes encountered during construction and trench dams or similar controls are installed on all utility trenches where they penetrate the building. All of the above requirements have been satisfactorily incorporated into the project plans, with the exception of the installation of the two required perimeter landfill gas monitoring probes. Coordination with County Airports, County Department of Public Works-Inactive Landfill Management Program and the site developers is necessary to meet this requirement, which can be completed after construction is finished. By November 1, 2012, provide the LEA with a written commitment that these probes will be installed and by whom. Ms. Alfieri Lowinger -2-September6, 2012 Please keep the LEA informed of the project schedule. Please call me at (858) 694-2801 if you have any questions. Sincerely, '-~?~ MELISSA PORTER, Environmental Health Specialist Local Enforcement Agency cc: Van Lynch, City of Carlsbad Will Foss, City of Carlsbad Peter Drinkwater, County Airports Leeann Lardy, County Airports Willie Vasquez, Palomar Airport Michele Stress, DPW Landfills Abel Martinez-Centeno, CaiRecycle MCUP & CUP ANNUAL REVIEW SHEET FILE COPY INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETc.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar Commons-Drive thru bank (CB&T) CASE NUMBER(S): ""C""U"'-P-"'10""-~05'-------------------- APPROVING RESO NO(S). ""'67'"""0"'-8 _______________ _ PLANNER COMPLETING REVIEW: V-'-""an"-L""y'-"n""c""'h ___________ _ PROJECT HISTORY Does project have a code complaint history? D Yes IZJ No If yes, check those that apply and explain below. D Code Enforcement D Police D Fire Prevention Comments (include corrective actions taken and date compliance obtained): Project is not constructed yet. Q:'\CED'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 02/11 REVIEW INFORMATION Has the permit expired? DYes 1:2:1 No Permit expires: Se12tember 14, 2013 Date of review: 7/12/2012 Name: Mark Radlow 1:2:1 Applicant D Owner D Other If other, state title: Project Manager for Sudberrx Pro12erties *CURRENT APPLICANT INFORMATION: Name: Mark Radlow Phone: 858-546-3000 Contact name (if different): Address: CSDI, LLC, 5465 Morehouse Drive, Suite 260, San Diego, CA 92121-4714 Mailing (if different): E-mail: Mark@sudi2r0!2.COm (optional) *CURRENT OWNER INFORMATION: Name: County: of San Diego Phone: 619-956-4819 Contact name (if different): Anne Baldwin Address: 1960 joe Crosson Dr, El Cajon, 92020 Mailing (if different): E-mail: anne.baldwin@sdcounty:.ca.gov (optional) . Does project comply with conditions of resolution(s) and approved plans? I:8J Yes D No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Project not built yet-in Plan review. Corrective action(s) to be taken: Date planner completed follow-up review and confirmet;,r~ect compliance: !l~,J L,_NJ ~ <~ Planner Signature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q:'\CEO'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 02/11 _df~A_ CITY OF VcARLSBAD Planning Division www.carlsbadca.gov May 31,2012 Lawrence Kourie 3861 Valley Center Dr San Diego CA 92130 SUBJECT: CD 12-05-PALOMAR COMMONS GAS STATION-CUP 09-07 The City Planner has completed a review of your application for a consistency determination for the Palomar Commons project, (APN: 213-020-18-00), which is a modification to the gas station/car wash building 3. The proposed modifications include: • A decrease in the building front roof parapet heights of Building Three by 6 inches for an overall building height of 19 feet 6 inches. • A decrease in the height of a peak architectural storefront feature of Building three by 3.0 feet to an overall building height of 27 feet. Includes a design change from a hip to a gable end roof feature. • An increase in the building back and north end roof parapet heights of Building Three by 6 inches for an overall building height of 21 feet 6 inches. • Architectural changes to the building elevations and materials of Building Three to match previous architectural design and material changes to Buildings Four and Five of the commercial center. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1} No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3} The proposed revision does not change the density or boundary of the subject property. 4} The proposed revision does not involve the addition of a new land use not shown on the original permit. 5} The proposed revision does not rearrange the major land uses within the development. 6} The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. B) The proposed change would not result in any health, safety or welfare impacts. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with theproposed change. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® c 10} The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. CITY OF CARLSBAD (l~ DON NEU, AICP City Planner DN:VL:bd c: Malek Engineers, Inc., 1080Park Blvd, Suite 714, San Diego CA 92101 Principal Planner, Chris DeCerbo Project Engineer, Steve Bobbett File Copy Data Entry \ \oJI_{ d <t-t) ~11/11- ..df~.A. CITY OF VcARLSBAD LJ FILE Planning Division www.carlsbadca.gov April 27, 2012 Sudberry Development Suite 260 5465 Morehouse Dr San Diego CA 92121 SUBJECT: SOP 09-05 -PALOMAR COMMONS Dear Mr. Radlow: This letter is in regards to the status of the Landscape Plan review of Landscape Drawing Numbers 468-5L (Lowe's) and 468-SM (Sudberry commercial) for the Palomar Commons project located in Carlsbad. A significant amount of work has been completed on the landscape and irrigation plan review. While there are a few outstanding issues yet to be completed, the landscape plan review has completed a bulk of the review and all monies for the plancheck and inspection have been paid. The landscape plan review is in the final review process prior to the final approval. The Planning Division will not hold up the issuance of the grading permits. Please be aware that there may be other outstanding items that need to be completed prior to grading permit issuance. This approval is from the Planning Division only and other departments shall be consulted regarding the status of the issuance of the grading permit. The City will require that the landscape plan review process be continued and completed in a timely manner and prior to the next significant phase of the project (building permit issuance). Our understanding is that your intent is to have this task completed prior to the issuance of the grading permit. If you have any questions regarding the above, please feel free to contact me at 760-602-4613 or van.lynch@carlsbadca.gov. Sincerely, Senior Planner c: Schmidt Design Group, Karen Constante, 2655 Fourth Ave, San Diego CA 92103 File 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® .. ' () ' ' " ' T ' ' '"' , -~ ·~ '9, CONSISTENCY DETERMINATION EXHIBIT Q... FOR PROJECT NO. '?/>;fQfl-oJ Yfo. Date: 1Lf~@,Je Don Neu, City Planner ""' ~ ...... ar.~,.. :S...'tel60 ~,£>..., (;.f~,f<>fl'l>oi"i'ZQ! cos 12112t!l N.'o~Jmy2m,_, w c ~.!l e! (3;s .... -o 0 ..8 E -! ..2lj 0 0... 1003.01 EXTERIOR ELEVATIONS BLDG4 A5.1 () ( L~ \ j ' r 3\ East Elevation "...____.-1/8"• ,. o· T ' ----------~----------- " South Elevation 2_\1======================= JB····r· ' 'o ~~· North Elevation •ta'sl o· .... Mor~o .. ..,Or ..... ~ S..•teiOO 'ia~ D>II!Jf' Calrf"'""'<;l212• T{8Sf1)220·72~ ~ (1)<_.6)546-,)00<.1 COS12112111 1003.01 EXTERIOR ELEVATIONS BLDG5 A5.2 I --_I ' I I West Elevation 2.=:';,/,~-•. ~.,-~~========= ( \. t J ' l 1 i !-l ''--4 1/1"• ·0• -' ~OU ... Orl¥8 SurteU.O sa~ D<"'JC' C,Jifw""'97U' T(8581~20·nU ~{S<_.e)~}OOU CDS 12112/11 PROJECT NO 1003.01 EXTERIOR ELEVATIONS BLDG6 '"""" A5.3 _j :I ~l !3 April12, 2011 Note: The colors and will match the origi~Ki"'~,., ... ,...,,,..,.r~ except that the manufactured stone shall be Coronado Stone "Sand Canyon" 16x30, color "Palomar Commons Blend. WEST ELEVATION CB& T-Palomar Commons Carlsbad, California iilli Hughes Marino 1 CM Cfl'Gtlli 06!9niindCOI'$ti"UOIO'lCOnsi..JUnts ( ' I i I j l ~ !i •" ~~ April12, 2011 Note: The colors and materials will match the originally approved except that the manufactured stone shall be Coronado Stone "Sand Canyon" 16x30, color "Palomar Commons Blend. NORTH ELEVATION CB&T-Palomar Commons Carlsbad, California . ' () { QJTTn 1 'rr ' April12,2011 11f&tT~ ~~~jj~~ II T T T VI l 17l =-'.A moC I )<X(?)K) T I / Note: The s ~a:i;s will match the originally approved I I ·1 I T -r T "-Y except that the manufactured stone shall be Coronado Stone "Sand Canyon" 16x30, color "Palomar Commons Blend. EAST ELEVATION CB& T-Palomar Commons Carlsbad, California ~~!~ Hughes Marino I CM ~:r.~Qr~; O!s9'•~<3\str~1Qn~ () ( f i f ~I :f i! April12, 2011 Note: The colors and materials will match the originally approved except that the manufactured stone shall be Coronado Stone "Sand Canyon" 16x30, color "Palomar Commons Blend. SOUTH ELEVATION CB& T -Palomar Commons Carlsbad, California SCAL£~ 1/8"'-1'-()• Van Lynch From: Sent: Matt Adams <matt.adams@devcon-cpm.com> Tuesday, April10, 2012 12:39 PM To: Van Lynch Cc: 'Mark Radelow' Subject: FW: Palomar Commons MBT A Van Our biologist and the USFWS have concluded that we can begin clearing the trees and vegetation, see below. Can you notify our inspector Grant Clavier? Thanks Matt Adams, Construction Project Manager 951-296-8103 From: Michael K. Jefferson [mailto:mike@blueconsulting.com] Sent: 04/10/2012 10:07 AM To: matt.adams@devcon-cpm.com; 'Mark Radelow' Subject: RE: Palomar Commons MBTA Hi Matt, The pre-construction survey completed by me and by the U.S. Fish and Wildlife Service (USFWS) have concluded that there are no active nests of any species of bird onsite. These past surveys as well as the proposed ongoing preventative mitigation measure of completing surveys while the tree removal is occurring make the project compliant to the MBTA and the issued City MND. While a monitor is onsite and no active nests are observed in the future, clearing can commence and be completed immediately. If you have any additional comments or concerns, please feel free to contact me. Regards, Mike Michael K. Jefferson President SLUE Consulting Group P.O. Box 501115 San Diego, CA 92150 Tel: (858) 391-8145 mike@blueconsulting.com Please consider the environment before printing this e-mail From: Karen Goebel@fws.gov [mailto:Karen Goebel@fws.gov] Sent: Thursday, April OS, 2012 6:15 PM To: mike@blueconsulting.com Cc: Janet Stuckrath@fws.gov; Erin Chandler@fws.gov; Joel Pagel@fws.gov; David Zoutendyk@fws.gov; Stephen Juarez Subject: Fw: Palomar Commons MBTA 1 Mike, There seems to be a bit of confusion regarding our recommendations so I am responding for the Service. Since I am not totally familiar with what bird surveys have been conducted on the site, for the purposes of this discussion, I am going to assume you are conducting breeding bird surveys with the intent of identifying potential active nests within all vegetation on the site, not just trees. If this is not the case, our standard recommendation to protect breeding birds and, in particular, to avoid injury or death of breeding birds protected under the MBT A and their active nests is to remove vegetation outside the breeding season (February 15 - August 30 in upland areas and March 15-September 15 in riparian areas). We appreciate very much your client's willingness to comply with the MBTA and your diligence in contacting us about the red-tailed hawk nest, which we determined was not active. If, through your bird surveys, you have determined that none of the trees on the project site currently support any active breeding bird nests, there is no reason to avoid removing the trees now or to wait to remove the trees until June 1 as a measure to comply with the MBT A. If clearing of any other types of vegetation on the site is also anticipated during the remainder of the bird breeding season, clearing of vegetation with active nests of any bird protected by the MBT A should be avoided to assure compliance with this act. Thus, we concur with your proposal for continued monitoring of the site for potential breeding bird activity and avoidance of active nests, if any vegetation clearing will take place during the remainder ofthe breeding season. A list of birds protected under the MBTA is available on the Service's website. Most importantly, if you have not already done so, we strongly recommend you contact the California Department ofFish and Game (CDFG) for advice regarding State laws or regulations governing protection of breeding birds. My counterpart with CDFG, Steve Juarez, is copied on this email for your convenience. Please feel free to contact me or Erin Chandler of our Migratory Birds Division, if you have further questions regarding the MBT A. Sincerely, Karen Karen Goebel Assistant Field Supervisor Carlsbad Fish and Wildlife Office Carlsbad, California Telephone 760/431-9440 2 Mo.A1t& ~) q \ \z- ..if~~ CITY OF VcARLSBAD ~"'~LE COPY Planning Division February 9, 2012 Sudberry Development 5465 Morehouse Dr, Suite 260 San Diego CA 92121 SUBJECT: CD 11-19-PALOMAR COMMONS -SOP 09-05/CUP 10-05 www.carlsbadca.gov The City Planner has completed a review of your application for a consistency determination for the Palomar Commons project, (APN: 213-020-18-00), which is a modification to the western 31,270 square foot retail center consisting of six individual retail buildings. The proposed modifications include: • An increase in the building roof parapet heights of Building Four by 2.0 feet for an overall building height of 22 feet. • An increase in the height of a peak architectural storefront feature of Building Five by 2.0 feet to an overall building height of 27 feet. The other building elements are three {3) inches below approved building heights. • Building six has an increase in the flat parapet heights by three {3) inches and has decreased the pitched parapet elements by six {6) inches for respective overall building heights of 25'3" and 22 feet. The western end building pitched roof element is 31 feet tall and is in relation to the opposite eastern building tower feature at an approved building height of 42 feet. • Architectural changes to the building elevations of Buildings Four, Five and Six which are consistent with the approved design theme for the commercial center. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function. 2} The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3} The proposed revision does not change the density or boundary of the subject property. 4} The proposed revision does not involve the addition of a new land use not shown on the original permit. 5} The proposed revision does not rearrange the major land uses within the development. 6} The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. 7} The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8) The proposed change would not result in any health, safety or welfare impacts. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 10} The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. CITY OF CARLSBAD DON NEU, AICP City Planner DN:VL:bd c: Anne Baldwin, Sr. Real Property Agent, County of San Diego, Department of Public Works, Airports, 1960 Joe Crosson Drive, El Cajon, CA 92020-1236 Principal Planner, Chris DeCerbo Project Engineer, Steve Bobbett File Copy Data Entry Van Lynch From: Sent: Johnathan Rydeen <raab@terramareng.com> Thursday, January 05, 2012 11:09 AM To: Van Lynch Cc: Subject: Pari.M.Holliday@Lowes.com; Mark@sudprop.com; Greg Lang FW: Carlsbad site lighting Attachments: Carlsbad CA Devel Por.pdf Follow Up Flag: Follow up Flag Status: Flagged Van, Please see the email below from Bill Linaman is the information from the Lighting Vendor regarding the separate Lighting Fixtures. o.Jc,( ~(~{~ Please let me know if this is adequate or if you need additional information. , / b 1 W (L-- Raab Rydeen PE, CPESC TERR MAR CONSULTING ENGINEERS www.TerramarEngineering.com From: Linaman, William [mailto:wlinaman@hubbell-ltg.com] Sent: Thursday, January 05, 2012 10:58 AM To: Johnathan Rydeen Cc: Mitchell, Melissa Subject: RE: Carlsbad site lighting Johnathan Yes the fixtures referenced as Hubbell on the Lowe's drawings, and Beacon on the Developer drawings are the same. Develper Types (208 volt) Lowe's Types (480 volt) OAl (single) type 3 distrib same as 255604 fixture (type 4 distrib) OA2 (double) same as 25T605 fixture (fixture for Lowe's in triple configuration on fixture schedule) OA4 (quad) same as 250605 fixture These fixtures are all Beacon, and there will be continuity between both portions of the lot.. The Lowe's drawings have part numbers specific to Lowe's. As the developer is matching the existing Lowe's specification, I've included spec. sheets with the 3 developer types referenced. Let us know if you have questions. Thank you. Bill Linaman Hubbell Lighting National Accounts 1 Van Lynch From: Sent: To: Mark Radelow <Mark@sudprop.com> Monday, November 28, 2011 3:10PM Van Lynch Subject: RE: Palomar Commons common area patio No it will be open to all the tenants however it has to be separated if alcohol is to be served. It will not be a private patio for any tenants. Mark Radelow PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL. From: Van Lynch [mailto:Van.Lynch@carlsbadca.gov] Sent: Monday, November 28, 2011 3:10PM To: Mark Radelow Subject: RE: Palomar Commons common area patio Mark, Is the patio being dedicated to a specific tenant and restricting access to the general users of the project? Van From: Mark Radelow [mailto:Mark@sudprop.com] Sent: Monday, November 28, 2011 3:08 PM To: Van Lynch Subject: RE: Palomar Commons common area patio Van, We are incorporating walls/gates to make the patio ABC compliant so that alcohol could be served outside. Let me know if you have any questions! Mark Radelow PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL. From: Van Lynch [mailto:Van.Lynch@carlsbadca.gov] Sent: Monday, November 28, 2011 3:07 PM To: Mark Radelow Subject: Palomar Commons common area patio Mark, In reviewing the precise grading plans for the Commons, it appears that the common patio area is changing a bit. I see a trellis structure (which I don't have much issue with) and gates that appear to privatize the area or limit access. I just want to be sure that the area is not changing into something else. Thanks, 1 .,§~A_ CITY OF VcARLSBAD 0 Planning Division www.carlsbadca.gov November 14, 2011 Sudberry Development 5465 Morehouse Dr, Suite 260 San Diego CA 92121 SUBJECT: CD 11-14-PALOMAR COMMONS-SOP 09-05/CUP 10-05 The Planning Director has completed a review of your application for a consistency determination for the Palomar Commons project, (APN: 213-020-18-00), which is a modification to the western 31,270 square foot retail center consisting of six individual retail buildings. The proposed modifications include: • Revision to County of San Diego Animal Shelter dog run area as a result of grading modifications for sewer and storm water outfall access drive; • Utility access drive modification and related parking lot changes; • Change the direction of the car wash entry/exit and move the detailing to the north end of the building; • Reconfigure Building Four with a 817 square foot decrease in area and related parking lot changes; • Increase Building Five from 5,000 square feet to 5,405 square feet • Combine two buildings (Buildings Six and Seven) along the southerly property line into one building with building increase of 2,016 square feet; • Net increase in total building area is 1,610 square feet. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1} No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function. 2} The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3} The proposed revision does not change the density or boundary of the subject property. 4} The proposed revision does not involve the addition of a new land use not shown on the original permit. 5} The proposed revision does not rearrange the major land uses within the development. 6} The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. 7} The proposed change will not result in any significant environmental impact, and/or require additional mitigation. B) The proposed revision remains compliant with the McClellan-Palomar Airport Land Use Compatibility Plan 9} The proposed change would not result in any health, safety or welfare impacts. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ("'. - 10) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 11} The proposed change would not be readily discernab/e to the decision makers as being substantially different from the project as originally approved. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. Please submit a reproducible 24" X 36" mylar copy of the amended site plan. The mylar must be submitted, stamped "Consistency Determination," and signed by the Planning Director prior to issuance of any building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http://www.carlsbadca.gov/services/departments/planning/Pages/applications.aspx. The Title Block (stamp) is located under "Resources" on the right side of the page. CITY OF CARLSBAD (l~ DON NEU, AICP Planning Director DN:VL:bd c: Anne Paul, Sr. Real Property Agent, County of San Diego, Department of Public Works, Airports, 1960 Joe Crosson Drive, El Cajon, CA 92020-1236 Principal Planner, Chris DeCerbo Project Engineer, Steve Bobbett File Copy Data Entry Van Lynch From: Sent: To: Cc: Subject: Hello Van, Merri Lopez-Keifer <lopezkeifer@gmail.com> Tuesday, November 08, 2011 10:48 PM Van Lynch Mojado Carmen Palomar Airport Commons Project-Pre-Excavation Agreement Update I apologize for not being able to speak with you personally this afternoon regarding the Palomar Airport Commons Project and how bestto proceed with Mr. Radlow's concerns. I did, however, speak with Christa Swanson, the Project Coordinator for Palomar Airport Commons (Sudberry Properties) this morning and had a very productive conversation with her about the agreement. Then, earlier this evening I submitted a pre- excavation agreement to the Developer/Applicant (via Ms. Swanson) for their review and acceptance. I am hopeful that a signed pre-excavation agreement is imminent. Again, I apologize to you and Mr. Radlow for any inconvenience or frustration the Tribe may have unknowingly caused while we were transitioning legal counsel. Best, Merri Merri Lopez-Keifer Tribal Counsel San Luis Rey Band of Mission Indians (925) 457-3395 lopezkei fer@gmail.com The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to attorney-client privilege and/or may be attorney work product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination, distribution, copying or forwarding of this e-mail is strictly prohibited. If you received this e-mail in error, please notify us immediately at (925) 457-3395. Thank you. 1 0 August 24, 2011 Mr. Van Lynch Senior Planner -City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Building 4 Risk Reduction Policy Objectives Palomar Commons Carlsbad, CA Dear Van: Thank you for your assistance in securing the Airport's approval of Building 4. This building is located within Safety Zone Two of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) and is considered a mid-size eating and drinking establishment. As such, it must meet certain life and safety improvements as indicated in Section 3.4.13 of the ALUCP. The following are improvements that we propose to meet the Risk Reduction Policy Objectives of this document. In each instance, these improvements provide a level of safety beyond that required by the California Building Code. 1. This building is not required by the CBC, or by the City of Carlsbad, to have fire sprinklers installed. We propose the installation of fire sprinklers as a safety improvement. . 2. Per the CBC, this building is required to have three exits, two from the larger suite, and one from the smaller suite. To improve the ease of exiting this building in the event of an emergency, we propose adding two additional exits (one in each tenant suite), for a total of five. 3. To provide increased resistance to potential aircraft impact loads on the roof structure, we propose increasing the plywood deck thickness from that which is code required, to the next nominal thickness available. We also propose increasing the depth of the primary roof structure (wood truss joists) from the code required depth, to the next nominal depth available. We are confident the proposed safety additions outlined above meet the intent of the ALUCP provisions. As we will be shortly beginning our Construction Documents, please confirm that we are satisfying this requirement. ~;;:=.:.:..-_-_-_-__;;;:;a"'"'· ....... Andy Stevenson 5465 Morehouse Drive, Suite 260 I San Diego I California 92121 I T 858.220.7224 I F 858.546.3009 ..4f~_A. C I T Y 0 F VcARLSBAD Planning Division August 19, 2011 Sudberry Properties Mark Radelow S46S Morehouse Drive, Suite 260 San Diego CA 92121 RE: SOP 09-07 - PALOMAR COMMONS BUILDING 4 Dear Mr. Radlow, www.carlsbadca.gov Building Four of the Palomar Commons project is located within Safety Zone Two of the McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP). The original proposal was for a retail establishment of 3,000 square feet. The use proposed is a 3,183 square foot restaurant use with indoor and outdoor seating. This would exceed the building size and occupant load of SO persons for the building to be defined as a small eating and drinking establishment per the ALUCP Table 111-2. Consistent with conversations with the ALUC staff, Building Four will now be defined as a mid-size eating and drinking establishment as it exceeds the 3,000 sq. ft. threshold (3,183 sq ft proposed) and will have a capacity over SO persons. Both indoor and outdoor occupants count towards the maximum number of persons allowed per free standing building. This determination would also impose other restrictions on Building Four as it is within Safety Zone Two. The floor area ratio of the buildings in Safety Zone Two shall not exceed their respective floor area ratios, the maximum intensity (people per gross acre) shall not exceed 70, the capacity shall not exceed 299 people, and Building Four shall incorporate risk reduction measures for use as an eating and drinking establishment as outlined in Section 3.4.13 of the ALUCP. With the above criteria being met, the City will approve the proposed project changes. The project shall submit for a formal consistency determination for the proposed project changes prior to building permit issuance. If you have any questions, please feel free to contact me at (760) 602-4613. Sincerely, Senior Planner VL:bd c: file 163S Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8SS9 MCUP & c~ ANNUAL REVIE~SHEET FILE COPY INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar Commons (gas station/carwash) CASE NUMBER(S): CUP 09-07 (Master File GP A 09-07) APPROVING RESO NO(S). =67~0..:....7 _______________ _ PLANNER COMPLETING REVIEW: ....:...V=an:..:....::::,Ly,;...:.n=c=h'--------------- PROJECT HISTORY Does project have a code complaint history? DYes C8J No If yes, check those that apply and explain below. D Code Enforcement D Police D Fire Prevention Comments (include corrective actions taken and date compliance obtained): Project has not been constructed as of 07-05-2011 Q:\.CED\.PLANNING\.ADMIN\. TEMPLATES\.MCUPANNUALREVIEWSHEET 02/11 ~~EVIEW INFORMATION ,., -Has the permit expired? DYes [8J No Permit expires: 7 L7 L2013 if no building :eermits :eulled -otherwise no ex:eiration. Date ofreview: 07-05-2011 Name: Mark Radelow [8J Applicant D Owner 0 Other If other, state title: Vice President L Sr. Project Manager *CURRENT APPLICANT INFORMATION: Name: Sudber:ry Pro:eerties Inc. Phone: (858} 546-3000 x 526 Contact name (if different): Mark Radelow Address: 5465 Morehouse Drive1 Suite 260 San Diego1 CA 92121 Mailing (if different): E-mail: Mark@sud:ero:e.com (optional) *CURRENT OWNER INFORMATION: Name:. Coun!y ofSan Diego Phone: (619) 956-4819 Contact name (if different): Anne Paul1 Senior Real Pro:eer!y Agent Address: 1960 Joe Crosson Drive1 San Diego1 CA 92020-1236 Mailing (if different): E-mail: Anne.Paul@sdcoun!y.ca.gov (optional) Does project comply with conditions of resolution(s) and approved plans? 1:8] Yes D No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: - Dl jlanner completed follow-up review anag::d project compliance: l A l_w;~ ~(,~ Planner Signature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q:'-CED'-PLANNING'-ADMIN'-TEMPLATES'-MCUPANNUALREVIEWSHEET 02/11 MCUP & c~P ANNUAL REVIE~SHEET FILE COF"t - INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar Commons (Bank Drive thru) CASE NUMBER(S): CUP 10-05 (Master File GP A 09-07) APPROVING RESO NO(S). ~67~0~8 ---------------- PLANNER COMPLETING REVIEW: ....!...V.!:!:an:;.!....!::!Ly;..:.no.::::c:.::.:h=--------------- PROJECT HISTORY Does project have a code complaint history? 0 Yes [g) No If yes, check those that apply and explain below. 0 Code Enforcement 0 Police 0 Fire Prevention Comments (include corrective actions taken and date compliance obtained): Project has not been constructed as of 07-05-2011-Bank drive thru may not be constructed due to project design change. Q:\.CED\.PLANNING\.ADMIN\. TEMPLATES\.MCUPANNUALREVIEWSHEET 02/11 ~~··'-~. 1t"EVIEW INFORMATION ."'""" Has the permit expired? DYes IZ! No Permit expires: 7 [7 [2013 if no building :Qermits :QUlled -otherwise no ex:Qiration. Date of review: 07-05-2011 Name: Mark Radelow IZ! Applicant D Owner D Other If other, state title: Vice President L Sr. Project Manager *CURRENT APPLICANT INFORMATION: Name: Sudberry Pro:Qerties Inc. Phone: (858) 546-3000 x 526 Contact name (if different): Mark Radelow Address: 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 Mailing (if different): E-mail: Mark@sud:Qro:Q.com (optional) *CURRENT OWNER INFORMATION: Name: Countt of San Diego Phone: (619) 956-4819 Contact name (if different): Anne Paul, Senior Real Pro:Qertr: Agent Address: 1960 Joe Crosson Drive, San Diego, CA 92020-1236 Mailing (if different): E-mail: Anne.Paul@sdcountt.ca.gov (optional) Does project comply with conditions of resolution(s) and approved plans? IZI Yes 0 No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: - Date planner completed follow-up review aocd ~e~ance: J}AJ ~& Planner ignature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q:\.CED\.PLANNING\.ADMIN\. TEMPLATES\.MCUPANNUALREVIEWSHEET 02/11 .4f~A_ CITY OF VcARLSBAD Planning Division April 29, 2011 Sudberry Development 5465 Morehouse Dr, Suite 260 San Diego CA 92121 www.carlsbadca.gov SUBJECT: CD 11-05-CALIFORNIA BANK AND TRUST-SOP 09-05/CUP 10-05 The Planning Director has completed a review of your application for a consistency determination for the Palomar Commons project, (APN: 213-020-18-00) which is a modification to the 6,000 square foot, two story, bank building located on the southwesterly corner of the main entrance off Palomar Airport Road. The proposed modifications include: • Redesign of the building from two stories to one story without increasing the approved 6,000 square foot floor area, • Removal of the drive thru driveway, and • Redesign of the parking lot based on building design and removal of the drive thru amenity. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, qUality, safety or function. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3) The proposed revision does not change the density or boundary of the subject property. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit. 5) The proposed revision does not rearrange the major land uses within the development. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8) The proposed change would not result in any health, safety or welfare impacts. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. T 760-602-4600 F 760-602-8559 ·. . /"""" ~ {fQ;ti-o~=f~tLIFORNIA ~NK AND TRUST-SOP 09-05/CUP 1cHJ5 April~9,'~511 Page 2 Staff recommends that the trash enclosure be kept in the original location as the landscape island also functions as a bioretention area and service access was better at the previous location. Please continue to provide the sidewalk along the westerly side of the main driveway entrance off Palomar Airport Road as on the approved plans. Please submit two (2) blueline copies (24" X 36") of all applicable exhibits for the project file and a reproducible 24" X 36" mylar copy of the amended site plan. The mylar must be submitted, stamped "Consistency Determination," and signed by the Planning Director prior to issuance of any building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http://www.carlsbadca.gov/services/departments/planning/Pages/applications.aspx. The Title Block (stamp) is located under "Resources" on the right side of the page. CITY OF CARLSBAD Q_~ DON NEU, AICP Planning Director DN:VL:bd c: California Bank and Trust, 11622 El Camino Real, Ste 200, San Diego CA 92130 Principal Planner, Chris DeCerbo Project Engineer, Steve Bobbett File Copy-GPA 04-03 Data Entry Peter Drinkwater DIRECTOR OF AIRPORTS January 7, 2011 Mr. Van Lynch Senior Planner City of Carlsbad QCountp of ~an 11\tego DEPARTMENT OF PUBLIC WORKS County Airports 1960 Joe Crosson Drive, El Cajon, CA 92020 (619) 956-4800 FAX: (619) 956-4801 Web Site: http://www.sdcounty.ca.gov/dpw/airports.html 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Mr. Lynch: JAN 11 2011 0:, c •• MCCLELLAN-PALOMAR AIRPORT -CSDI, LLC -COUNTY CONTRACT NUMBER 503254-SIGNED NOTICE OF RESTRICTION, SOP 09-05, PALOMAR COMMONS Enclosed herewith is the signed Notice of Restriction signed and notarized by County of San Diego as property owner. We have previously provided verification of the signing authority for this document. Please provide our office with a fully executed conformed copy after the document is recorded, for our records. ~ ~o · wr-CJol./ b?BS' In a related issue, please remember that prior issuance of the final building permit, County Airports will want to sign off on the plans to ensure that appropriate conditions for airport safety and inactive landfill monitoring are reflected on the plans. Thank you for continuing to work with our office regarding moving this project forward. Very truly yours, Cl(\X\_Q___ 9cu.J_ ANNE T. PAUL Real Property Agent, Airports ATP:ap Enclosure Kids • The Environment • Safe and Livable Communities -._.... .. Planning Division December 30, 2010 www.carlsbadca.gov Anne Paul, Sr. Real Property Agent Dept. of Public Works, Airports County of San Diego 1960 Joe Crosson Drive El Cajon, CA 92020-1236 SUBJECT: NOTICE OF RESTRICTION -SOP 09-QS-PALOMAR COMMONS Dear Ms Paul: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Palomar Commons, SOP 09-05. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, c).~ Senior Planner c: CED Senior Management Analyst File Copy T 760-602-4600 F 760-602-8559 ® 4~_A. CITY OF ~~'CARLSBAD Planning Division December 15, 2010 Terramar Consulting Engineers Raab Rydeen 2880 Loker Avenue East, Ste. 303 Carlsbad CA 92010 RE: PALOMAR COMMONS-SOP 09-05 Dear Mr. Rydeen, www.carlsbadca.gov The Palomar Commons project is located on property owned by the County of San Diego. The property has had a variety of previous uses and entitlements. The City requires that Notices of Restriction be placed on properties to notify future property owners or leaseholders of these prior entitlements. Per the City's zoning ordinance, once a use has ceased to operate, the use permit which allowed that use expires. As previous permits expire or become null and void, the City does not proactively remove these notices. The notices may be removed upon request by the property owner. Below is a list of the entitlements and status of the project entitlements. These may or may not be identified as Notices of Restriction in the title report. Project Number Project Name and Use Status Site Development Plan 80-13 Vallas-Olympic Resort and Void-See subsequent permit and Conditional Use Permit 186 Spa below. Site Development Plan 80-13 Vallas-Olympic Resort and Void -ceased to operate and Spa improvements being removed Conditional Use Permit 232 Vallas-Olympic Resort Void -ceased to operate and Alcohol Sales improvements being removed Conditional Use Permit 01-23 Olympic Hotel Wireless Void -Use moved to another Telecom -cell site location per MCUP 09-07 Site Development Plan 06-05 Pacific Athletic Club-Athletic Valid until 12/20/2010-not club constructed and no intention of extending the entitlements per applicant Special Use Permit 06-03 Pacific Athletic Club-Athletic Valid until12/20/2010-not club constructed and no intention of extending the entitlements per applicant 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 Project Number Project Name and Use Status Conditional Use Permit 03-21 San Diego County Animal CUP amended by CUP 03-21(A). Control-animal shelter If CUP 03-21 is not exercised, CUP 03-21 stays in effect. Conditional Use Permit 03-21 San Diego County Animal Valid-No expiration Control-animal shelter SOP 09-05/SUP 09-08/CUP 09-Palomar Commons-Valid until 9/14/2013 07 /CUP 10-05/V 10-01 commercial center The above permits that are identified as void or the Pacific Athletic Club entitlements will not affect the development of the County property with the Palomar Commons project. If you have any question regarding the above, please feel free to contact me at (760) 602-4613. Sincerely, c]~ Senior Planner VL:bd c: File JACK MILLER DIRECTOR November 29, 2010 - ainunty nf ~an ~i.egn SOLID WASTE LOCAL ENFORCEMENT AGENCY 55000VERLANDAVENUE,SUITE110 SAN DIEGO, CA 92123 (858) 694-2888 FAX (858) 495-5004 . i ' ~ 1-800-253-9933 www.sdcdeh.org Mr. Mark Radelow, Vice President I Sr. Project Manager Sudberry Properties, Inc. 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 PALOMAR AIRPORT LANDFILL- PALOMAR AIRPORT COMMONS PROJECT RESULTS OF SOIL GAS AND LIMITED GROUNDWATER MONITORING 6111 EL CAMINO REAL, CARLSBAD, CA SWIS# 37 -AH-0002 Dear Mr. Radelow: ElJZABETH POZEBON AsSI8rANT DIRECTOR The County of San Diego Department of Environmental Health, Solid Waste Local Enforcement Agency (LEA) had reviewed two reports, entitled " Results of Soil Gas and Groundwater Sampling, Proposed Lowe's Home Improvement Warehouse" and "Results of Additional Soil Gas Sampling, 16-acre Proposed Commercial Developmenr for the proposed Palomar Airport Commons Project. Both reports were prepared by EEl Geotechnical and Environmental Solutions, Inc. and were dated October 25, 201 0. The proposed Palomar Airport Commons project is a 16-acre property proposed for development that is located within the overall 240-acre Palomar Airport property. The Palomar Airport landfill is located within the 240-acre airport property and consists of three distinct units. Both Units 2 and 3 of the landfill a~e located within 1 ,000 feet of the proposed development project. The proposed project includes a Lowe's Warehouse retail store and 5 smaller, separate retail structures. The results of the soil gas and ground water investigation indicate that methane migration is not currently occurring from the landfill units to the project site. Soil gas results showed minor traces of methane (all results were below 400 parts per million by volume (ppmv), and most were below 20 ppmv). In a letter to Sudberry Properties dated April 8, 2010, the LEA stated that based on site specific information, the LEA would make a determination if the proposed development could be relieved from complying with all of the specific measures for post-closure land use developments within 1 ,000 feet of buried waste as outlined in California Code of Regulations (CCR) Title 27, Section 21190 (g). Based on the site specific results presented to the LEA, the LEA has determined that the proposed development will not have to comply with the requirements of 27CCR 21990(g) 1-7, .exceQ! for: 1) 21190 (g) (6) l The placement of automatic methane sensors with alarms within all site buildings (including interior offices inside the Lowe's warehouse). As a requirement of site development, a minimum of two new perimeter landfill gas monitoring probes (subsurface) will be required to be placed on the northern site boundary_ adjacent to Palomar Airport Road as an early indicator system for the detection of migrating landfill gas. The probes are required to be monitored at a minimum of quarterly (every three months) but the LEA can require a - Mr. Radelow -2-November 29, 2010 more frequent sampling. It is suggested these probes be incorporated in to the County of San Diego Department of Public Works landfill gas compliance network and monitored by one entity. In addition, several additional requirements were outlined in the LEA's letter dated April 8, 2010. These measures are still required, and are reiterated below: 1. The presence of the landfill is disclosed to contractors and identified on development and construction plans. 2. An approved Community Health and Safety Plan will be required. Landfill gas monitoring for methane and trace gasses during the construction of any trench is a mandatory component. 3. Any structures developed onsite shall include permanent, hard-wire methane detectors. A written plan to monitor, maintain and document the monitoring and maintenance of the detectors is also required. 4. A plan for managing expected and unexpected wastes during grading, trenching and installation of underground utilities. 5. Trench dams or similar devices to prevent the migration of landfill gas into site structures from utility lines will be required. Discuss steps that will be taken to address the potential for landfill gas migration associated with the abandonment of any existing utilities. 6. Provide the LEA with a project time line for implementation of various aspects of the project. Please submit copies of the site development plans to the LEA for approval prior to initiating construction activities. The plans shall show the proposed locations of the automatic methane sensors within each building and the locations for the subsurface landfill gas monitoring probes. Prior to occupancy, a written plan to monitor, maintain and document the methane detectors and migration probes shall be prepared and submitted to the LEA for approval. If you have any questions, please call me at (858) 694-2801. Please note that we recently moved. Our new address is above. Si.ncerely, _ ~ ~ --~~~ MELISSA PORTER, Environmental Health Specialist Local Enforcement Agency cc: Abel Martinez-Centeno, CaiRecycle Peter Drinkwater, DPW Airports Leeann Lardy, DPW Airports Michele Stress, DPW IWSM Van Lynch, City of Carlsbad, Senior Planner SAN DIEGO c0JNTY REGIONAL AIRPORT AUTHORITY P.O. BOX 82776. SAN DIEGO. CA 92138-2776 b\9.400.2400 'W'W'W.SAN.ORG November 5, 2010 Ms Anne Paul County of San Diego Department of Public Works Airports Division 1960 Joe Crosson Drive El Cajon, California 92020-1236 Re: Airport Land Use Commission Confirmation of Condition Satisfaction CITY OF CARLSBAD NOV 0 8 Z010 Community & Economic Development Dalla(\i ,,~;; •• t General Plan Amendment and Zone Reclassification to construct a community shopping center at 6111 El Camino Real at Palomar Airport Road, City of Carlsbad; APN 213-020-18 (760-221-015) Dear Ms Paul: On July 1, 2010, the Board of the San Diego County Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for San Diego County, issued a determination of consistency with the McClellan-Palomar Airport --Airport Land Use Compatibility Plan (ALUCP) for the project described above. Based upon Resolution 2010-0038 ALUC, the ALUC determined that project would be conditionally consistent with the ALUCP subject to conditions as specified in said Resolution. In summary, the ALUC required satisfaction of the following conditions: 1) A Memorandum of Lease shall be recorded with the County Recorder and the Lease granted by the County of San Diego shall contain covenants that satisfy the ALUCP requirement for an avigation easement for aircraft noise and height as notice to future lessees of the property. 2) The Memorandum of Lease shall contain provisions limiting site occupancy to the applicable maximum numbers of people per acre respective to each safety zone of the ALUCP. 3) A Determination of No Hazard to air navigation for the projected heights of proposed structures shall be obtained from the Federal Aviation Administration which would result in no changes to airport operations. 4) The convenience market, bank, retail sales, and eating/drinking establishment buildings of the project must be sound attenuated to the 50 dB CNEL interior noise level pursuant to the safety zone locations of those uses per the ALUCP. Based upon documentation submitted to ALUC staff, satisfaction of conditions 1 through 3 inclusive has been demonstrated. Condition 4 would be demonstrated to the satisfaction of the City of Carlsbad, as the permitting authority with land use jurisdiction, prior to occupancy of the buildings to be constructed. SAN DIEGO INTERNATIONAL AIRPORT 0 0 If you have any questions concerning this letter, please contact me at (619) 400-2244 or egowens@san.org. Sincerely, 44.."-~- Ed GoVnsvw ~ Land Use Planner Airport Planning cc: Amy Gonzalez, SDCRAA, Director, Counsel Services Ron Bolyard, Caltrans, Division of Aeronautics Chris Schmidt, Caltrans, Division 11 Van Lynch, City of Carlsbad, Planning Department RESOLUTION NO. 2010-0038 ALUC A RESOLUTION OF THE BOARD OF THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY MAKING A DETERMINATION THAT THE PROPOSED PROJECT: GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION TO CONSTRUCT A COMMUNITY SHOPPING CENTER AT 6111 EL CAMINO REAL AT PALOMAR AIRPORT ROAD, CITY OF CARLSBAD, IS CONDITIONALLY CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT-AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board of the San Diego County Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC} for San Diego County, was requested by the City of Carlsbad to determine the consistency of a proposed development project: General Plan Amendment and Zone Reclassification to Construct a Community Shopping Center at 6111 El Camino Real at Palomar Airport Road, City of Carlsbad, which is located within the Airport Influence Area (AlA} for the McClellan-Palomar Airport -Airport Land Use Compatibility Plan (ALUCP}, adopted on January 25, 201 0, and amended on March 4, 2010, and WHEREAS, the plans submitted to the ALUC for the proposed project indicate that it would involve a general plan amendment and zone reclassification to construct a retail community shopping center consisting of a home improvement store, gas station/convenience market and car wash, bank, retail sales building, and eating/drinking establishments; and WHEREAS, the proposed gas station/convenience market and car wash, bank, retail sales, and eating/drinking establishment buildings would be located within the 65-70 and 70-75 decibel Community Noise Equivalent Level (dB CNEL) noise contours, and the ALUCP identifies retail sales and personal services uses located within the 65-70 and 70-75 dB CNEL noise contours as conditionally compatible with airport uses, provided that the buildings are sound attenuated to 50 dB CNEL interior noise level, and that a covenant of avigation easement for aircraft noise and height is recorded with the County Recorder as notice to future lessees of the property; and WHEREAS, the County of San Diego is the owner of the property upon which the proposed project would be placed and cannot record an avigation easement against itself and therefore requests that instead of an avigation easement it will record a Memorandum of Lease that satisfies the avigation easement requirement set forth in the ALUCP; and : Resolution No. 2010-0038 ALUC Page2 of4 WHEREAS, more than 75 percent of the home improvement store would be located within the 60-65 dB CNEL noise contour, and the ALUCP identifies retail sales and personal services uses located within the 60-65 dB CNEL noise contour as compatible with airport uses; and WHEREAS, the proposed project is located in such proximity to the airport that it exceeds an airspace threshold which would require an obstruction evaluation from the Federal Aviation Administration (FAA), and the project must secure a determination of no hazard to air navigation from the FAA which would result in no changes to airport operations; and WHEREAS, the proposed project is located within Safety Zones 1, 2, 3, and 4, and, while no structures would be located within Safety Zone 1, the gas station/convenience market and car wash, bank, and retail sales buildings would be located within Safety Zone 2, which allows a maximum of 70 people per acre; and the eating/drinking establishments and most of the home improvement store would be located within Safety Zone 3, which allows a maximum of 130 people per acre; and a portion of the home improvement store would be located within Safety Zone 4, which allows a maximum of 130 people per acre; and the project would be considered conditionally compatible, provided a Memorandum of Lease is recorded with the County Recorder and the Lease granted by the County shall contain provisions limiting site occupancy to the applicable maximum numbers of people per acre respective to each safety zone: and WHEREAS, the Board has considered the information provided by staff, including information in the staff report and other relevant material regarding the project; and WHEREAS, the Board has provided an opportunity for the City of Carlsbad, and interested members of the public to present information regarding this matter; NOW, THEREFORE, BE IT RESOLVED that the Board, acting as the ALUC for San Diego County, pursuant to Section 21670.3 of the Public Utilities Code, determines that the proposed project: General Plan Amendment and Zone Reclassification to Construct a Community Shopping Center at 6111 El Camino Real at Palomar Airport Road, City of Carlsbad, is conditionally consistent with the McClellan-Palomar Airport ALUCP, which was adopted on January 25, 201 0, and amended on March 4, 2010, based upon the following facts and findings: Resolution No. 2010-0038 ALUC Page 3 of4 (1) The proposed project involves a general plan amendment and zone reclassification to construct a retail community shopping center consisting of a home improvement store, gas station/convenience market and car wash, bank, retail sales building, and eating/drinking establishments. (2) The gas station/convenience market and car wash, bank, retail sales, and eating/drinking establishment buildings of the proposed project would be located within the 65-70 and 70-75 dB CNEL noise contours. The ALUCP identifies retail sales and personal services uses located within the 65-70 and 70-75 dB CNEL noise contours as conditionally compatible with airport uses, provided that the buildings are sound attenuated to 50 dB CNEL interior noise level. Therefore, as a condition of project approval, the convenience market, bank, retail sales, and eating/drinking establishment buildings of the project must be sound attenuated to the 50 dB CNEL interior noise level. More than 75 percent of the home improvement store would be located within the 60-65 dB CNEL noise contour. The ALUCP identifies retail sales and personal services uses located within the 60-65 dB CNEL noise contour as compatible with airport uses. (3) The ALUCP requires that an avigation easement for aircraft noise and height be recorded with the County Recorder for land uses for which sound attenuation is required. As the County of San Diego is the owner of the property and cannot grant an easement to itself and to satisfy the avigation easement requirement set forth in the ALUCP, a Memorandum of Lease shall be recorded with the County Recorder to provide notice to future lessees of the property. Therefore, as a condition of project approval, a Memorandum of Lease shall be recorded and the Lease granted by the County shall contain covenants that satisfy the requirement of an avigation easement for aircraft noise and height as notice to future lessees of the property. (4) The proposed project is located in such proximity to the airport that it exceeds an airspace threshold which would require an obstruction evaluation from the FAA. Therefore, as a condition of project approval, the project must secure a determination of no hazard to air navigation from the FAA which would result in no changes to airport operations. (5) The property of the proposed project is located within Safety Zones 1, 2, 3, and 4. No structures would be located within Safety Zone 1. The gas station/convenience market and car wash, bank, and retail sales buildings would be located within Safety Zone 2, which allows a maximum of 70 people per acre. The eating/drinking establishments and most of the home improvement store would be located within Safety Zone 3, which allows a maximum of 130 people per acre. A portion of the home improvement store .. Resolution No. 2010-0038 ALUC Page4 of4 would be located within Safety Zone 4, which allows a maximum of 130 people per acre. The project would be considered conditionally compatible if these people per acre limitations of the ALUCP safety zones are codified. Therefore, as a condition of project approval, a Memorandum of Lease shall be recorded with the County Recorder and the Lease shall contain provisions limiting site occupancy to the applicable maximum numbers of people per acre respective to each safety zone. (6) Therefore, if the proposed project contains the above-required conditions, the proposed project would be consistent with the McClellan-Palomar Airport ALUCP. BE IT FUTHER RESOLVED that this Board action is not a "project" as defined by the California Environmental Quality Act (CEQA), Pub. Res. Code Section 21065, and is not a "developmenr as defined by the California Coastal Act, Pub. Res. Code Section 301 06. PASSED, ADOPTED AND APPROVED by the Board of the San Diego County Regional Airport Authority at a regular meeting this 1st day of July, 2010, by the following vote: AYES: Board Members: NOES: Board Members: ABSENT: Board Members: APPROVED AS TO FORM: BRETON K. LOBNER GENERAL COUNSEL Boland, Cox, Desmond, Finnila, Gleason, Panknin, Smisek None Robinson, Young ATTEST: TONY R. USSELL DIR R, CORPORATE SERVICES/ AUTHORITY CLERK _,if~_A CITY OF VcARLSBAD FILE COPY Planning Division www.carlsbadca.gov October 7, 2010 Hofman Planning and Engineering 3152 lionshead Av Carlsbad CA 92010 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: V 10 -o1 -PALOMAR COMMONS At the October 6, 2010 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission will become final on October 16, 2010. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Van lynch at {760) 602-4613 or van.lynch@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:Vl:bd cc: Data Entry File enc: Planning Commission Resolution No. 6709 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® U.S. Department of Transportation Federal Aviation Administration September 30, 2010 Sudberry Properties Attn: Mark Radelow 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 RE: (See attached Table 1 for referenced case(s)) **FINAL DETERMINATION** Table 1 -Letter Referenced Case(s) ASN Prior ASN Location Latitude (NAD83) Longitude (NAD83) 2010-AWP-1073-CARLSBAD, CA 33-07-40.32N 117-16-14.70W NRA Description: 2 story Bank We do not object to the construction described in this proposal provided: AGL AMSL (Feet) (Feet) 35 305 You comply with the requirements set forth in FAA Advisory Circular 150/53 70-2E, "Operational Safety on Airports During Construction." This determination does not constitute FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or plaimed traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal. This determination expires on March 30, 2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for the completion of construction, or the date the FCC denies the application. Page 1 of2 ",-.., -· .. NOTE: Request for extension of ~ffective period of this determination m._/be obtained at least 15 days prior to expiration date specified in this letter. If you have any questions concerning this determination contact Eric Vermeeren, (31 0)725-3631. Eric V ermeeren DivUser Page 2 of2 U.S. Department of Transportation Federal Aviation Administration September 30, 2010 Sudberry Properties Attn: Mark Radelow c 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 RE: (See attached Table I for referenced case(s)) **FINAL DETERMINATION** Table 1 -Letter Referenced Case(s) ASN Prior ASN Location Latitude (NAD83) Longitude (NAD83) 2010-AWP-1077-CARLSBAD, CA 33-07-41.16N 117-16-13.56W NRA Description: Pad A We do not object to the construction described in this proposal provided: AGL AMSL (Feet) (Feet) 26 301 You comply with the requirements set forth in FAA Advisory Circular 150/5370-2E, "Operational Safety on Airports During Construction." This determination does not constitute FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal. This determination expires on March 30, 2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for the completion of construction, or the date the FCC denies the application. Page 1 of2 ~OTE: Request for extension of Oeffective period of this determination nO be obtained at least 15 days prior to expiration date specified in this letter. If you have any questions concerning this determination contact Eric Vermeeren, (31 0)725-3631. Eric V ermeeren DivUser Page 2 of2 ' 0 U.S. Department of Transportation Federal Aviation Administration September 30, 2010 Sudberry Properties Attn: Mark Radelow 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 c RE: (See attached Table 1 for referenced case(s)) **FINAL DETERMINATION** Table 1 -Letter Referenced Case(s) ASN Prior ASN Location Latitude (NAD83) Longitude (NAD83) 2010-AWP-1082-CARLSBAD, CA 33-07-41.70N 117-16-11.40W NRA Description: Gas Convenience Store We do not object to the construction described in this proposal provided: AGL AMSL (Feet) (Feet) 32 309 You comply with the requirements set forth in FAA Advisory Circular 150/5370-2E, "Operational Safety on Airports During Construction." This determination does not constitute FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal. This determination expires on March 30, 2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for the completion of construction, or the date the FCC denies the application. Page 1 of2 Ne:>TE: Request for extension oftl).e..effective period of this determination~~ be obtained at least 15 days · prior to expiration date specified i~is letter. .,_,· If you have any questions concerning this determination contact Eric Vermeeren, (31 0)725-3631. Eric Vermeeren DivUser Page 2 of2 U.S. Department of Transportation Federal Aviation Administration September 30, 2010 Sudberry Properties Attn: Mark Radelow c 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 - RE: (See attached Table 1 for referenced case(s)) **FINAL DETERMINATION** Table 1 -Letter Referenced Case(s) ASN Prior ASN Location Latitude (NAD83) Longitude (NAD83) 2010-AWP-1088-CARLSBAD, CA 33-07-40.38N 117-16-09.24W NRA Description: 5K Retail We do not object to the construction described in this proposal provided: AGL AMSL (Feet) (Feet) 26 302 You comply with the requirements set forth in FAA Advisory Circular 150/5370-2E, "Operational Safety on Airports During Construction." This determination does not constitute FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal. This determination expires on March 30, 2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for the completion of construction, or the date the FCC denies the application. Page 1 of2 ,. ~OTE: Request for extension of effective period of this determination rrObe obtained at least 15 days prior to expiration date specified in this letter. If you have any questions concerning this determination contact Eric Vermeeren, (310)725-3631. Eric V ermeeren DivUser Page 2 of2 .. U.S. Department of Transportation Federal Aviation Administration September 30, 2010 Sudberry Properties Attn: Mark Radelow 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 RE: (See attached Table 1 for referenced case(s)) **FINAL DETERMINATION** Table 1 -Letter Referenced Case(s) ASN Prior ASN Location Latitude (NAD83) Longitude (NAD83) 2010-AWP-1092-CARLSBAD, CA 33-07-39.06N 117-16-09.00W NRA Description: 8K Retail tower We do not object to the construction described in this proposal provided: AGL AMSL (Feet) (Feet) 45 321 You comply with the requirements set forth in FAA Advisory Circular 150/53 70-2E, "Operational Safety on Airports During Construction." This determination does not constitute FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal. This determination expires on March 30, 2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for the completion of construction, or the date the FCC denies the application. Page 1 of2 ' , .. ..., ~ NOTE: Request for extension of~ffective period of this determination ni..Jbe obtained at least 15 days prior to expiration date specified in this letter. If you have any questions concerning this determination contact Eric Vermeeren, (310)725-3631. Eric Vermeeren DivUser Page 2 of2 U.S. Department of Transportation Federal Aviation Administration September 30, 2010 Sudberry Properties Attn: Mark Radelow 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 RE: (See attached Table 1 for referenced case(s)) **FINAL DETERMINATION** Table 1 -Letter Referenced Case(s) ASN Prior ASN Location Latitude (NAD83) Longitude (NAD83) 2010-A WP-1098-CARLSBAD, CA 33-07-38.52N 117-16-11.58W NRA Description: 4K Retail We do not object to the construction described in this proposal provided: AGL AMSL (Feet) (Feet) 26 301 You comply with the requirements set forth in FAA Advisory Circular 150/53 70-2E, "Operational Safety on Airports During Construction." This determination does not constitute FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal. This determination expires on March 30, 2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for the completion of construction, or the date the FCC denies the application. Page 1 of2 , " NOTE: Request for extension ofOeffective period of this determination rObe obtained at least 15 days prior to expiration date specified in this letter. If you have any questions concerning this determination contact Eric V ermeeren, (31 0) 725-3 631. Eric V ermeeren DivUser Page 2 of2 U.S. Department of Transportation Federal Aviation Administration September 30, 2010 Sudberry Properties Attn: Mark Radelow c 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 RE: (See attached Table 1 for referenced case(s)) **FINAL DETERMINATION** Table 1 -Letter Referenced Case(s) ASN Prior ASN Location Latitude (NAD83) Longitude (NAD83) 2010-AWP-1104-CARLSBAD, CA 33-07-41.60N 117-16-05.97W NRA Description: Anchor We do not object to the construction described in this proposal provided: AGL AMSL (Feet) (Feet) 45 328 You comply with the requirements set forth in FAA Advisory Circular 150/5370-2£, "Operational Safety on Airports During Construction." This determination does not constitute FAA approval or disapproval ofthe physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal. This determination expires on March 30, 2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority ofthe Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for the completion of construction, or the date the FCC denies the application. Page 1 of2 ~OTE: Request for extension ofCeffective period of this determination nO be obtained at least 15 days prior to expiration date specified in this letter. If you have any questions concerning this determination contact Eric Vermeeren, (31 0)725-3631. Eric V ermeeren DivUser Page 2 of2 ProPosea Const"'ct.on. On A"Port ProJect Name s"<1b-t2666s-, 27 _ 10 Legend Case Number 20t O-AWp. {EgggJ ·NilA I / I CXHrot ~8~ mo .., II lSI' - September 14 2010 {Yllt' L-~ C?/Jf5) I D (~~) CITY Of ~~~CARLSBAD F\LE COP'! Planning Department www.carlsbadca.gov September 14, 201 0 Sudberry Properties Attn: Mark Radlow 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 SUBJECT: V 10-01-PALOMAR COMMONS The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, September 22, 2010, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on September 27, 2010. A twenty (20) minute appointment has been set aside for you at 9:00 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be . submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613. rr~ DON NEU City Planner DN:VL:sm c: Pari.M.Holliday@Lowes.com Hofman Planning & Engineering, Attn: Bill Hofman, 3152 Lionshead Avenue, Carlsbad, CA 92010 File Copy Steve Bobbett, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® Hofman Tt.l Planning & Engineering Plannln~J C1vil Englnet:ring F1scot Services Coastal August 19, 2010 Honorable Mayor Lewis and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 CITY OF CARLSBAD 1 0 0 Commun1ty & Economic Development Department SUBJECT: GPA 09-07 I ZC 09-08 -Lowe's/Sudberry Retail Proposal Honorable Mayor and Council Members: 1985 2010 25 YEARS OF EXCELLENCE I am the representative of Sudberry Properties, Inc. and Lowe's and have been consulting with these companies for almost two years on the re-development of the old Olympic Resort site. This application has gone through a tremendous amount of scrutiny by your staff who voiced early concerns with the type of retail being proposed and the environmental impacts that could be created, most significantly, traffic impacts. Every step of the way, staff has required detailed information and analysis to make sure that this project was the proper fit for this site and a positive amenity for the city residents and businesses. The property has been sitting in a state of disrepair ever since the Olympic Hotel and Golf Center went out of business. The property owner and lease holder for the property have made every attempt to find a use that was both compatible with the surrounding area and one that had a positive economic impact to the city of Carlsbad. In this economic downturn Lowe's was the only quality retailer who showed interest in the site. We began working with city staff and the neighboring communities to insure this would be a good fit for the community. Every type of study was commissioned including a detailed traffic report, hydrology/drainage report, biology, geotechnical analysis, noise study, etc. The traffic report was particularly rigorous because staff identified traffic as the most significant issue they wanted us to address and required that traffic be analyzed in great depth. Attached for your review is a brief paper by our traffic consultant, Urban Systems Associates that discusses both the process we underwent to get to this point and all of the traffic enhancements this project brings that will result in better traffic safety and function for the adjacent street system. The project was approved on a 5-2 vote by the Planning Commission with no public opposition at the hearing. There was speculation that the reason no one expressed opposition was because neither the city nor we provided adequate notice to the surrounding communities. In fact, we held community meetings with the Bressi Ranch Homeowner's Association (HOA), the a52 L•onsheacJ t.venu~ • Carlsbod • CA 92010 • (7o0) 692-lllOO • Fox ( 60 6 2 4 0 0 0 Rancho Carrillo HOA and the Southwest Quadrant Coalition of Homeowner Associations back in March to let them know what our proposal was. During these meetings, we were asked good, tough questions which were answered and we did not receive any negative comments. We and staff worked hard over the past year with those truly interested in what's best for the city and are proud of the project and the positive impact to the city. After the Planning Commission approval, Diane Nygaard of Preserve Calavera (an Oceanside based opposition group), and the Friends of Aviara, a south Carlsbad group, for the first time raised questions on traffic impacts and the supposed existence of a creek on the property. These arguments were provided in the form of pamphlets that were passed out door to door in at least one residential neighborhood (Rancho Carrillo). One other group, Carlsbad Watershed Network, also prepared a letter at the behest of Diane Nygaard, stating concerns with downstream impacts within the watershed and the claim that there is a natural creek that runs through our property. Obviously, there is no creek on the property and there couldn't be in the time that the Olympic Resort has been developed. With regard to impacts downstream, water run-off from the proposed project will have better controlled velocity and the quality of water discharge will be of much higher quality than today due to the more stringent water pollution control standards that will ensure removal of contaminants before they enter the drainage basin downstream. For 30 years, fertilizer and other contaminants from the driving range and parking lot were being discharged downstream creating far more impacts than could ever occur with our development. Attached for your review are two letters, written by our biologist, Blue Consulting, and our Civil Engineer, Lang Engineering, which answer these concerns and refute the contention that there is a creek on the property. Diane Nygaard, on behalf of Preserve Calavera, also submitted a letter to the City Council commenting on the Mitigated Negative Declaration. This letter was accompanied by a letter from Tim Landis commenting on hydrology. Our team has reviewed both letters and has prepared a detailed response to each of the comments which is attached hereto. The last of the three issues we have heard some rumblings about is the no "big box" argument. The apparent concern here is that the new general plan category of General Commercial will open the Pandora's Box for more large retail centers to come flooding in the door. They envision "Big Box" stores at every corner. This notion is completely unfounded and is not based on any rational analysis. City Council, on a site specific basis, must approve any proposal for this new general plan classification. Any approval will be based on a thorough review by staff of any application put forward. Lowe's is quality retail and everyone we spoke with is excited to have them in Carlsbad as opposed to driving to neighboring cities for their home improvement goods and services. Not to mention the new employment opportunities and the tax dollars that now can be captured by Carlsbad from the commerce of their own residents and business owners. c 0 The bottom line is that this project meets all of Carlsbad's standards. This project is not only compatible with its surroundings, but will provide a tremendous positive economic impact to the city at a time when we need economic stimulus the most. It is no coincidence that two of the major employers in the community, Viasat and La Costa Resort and Spa, fully endorse this project. The Chamber of Commerce, the 2nd largest in the County in terms of members and ranked in the top ten at the state level, also endorses this project. The business community is watching and is excited about the Lowe's and getting this very prominent intersection in the city developed and viable again. Sincerely, Bill Hofman President Cc: Gary Barberio Don Neu c Hofman Planning & Engineering Planning Civil Engineering Fiscal Services Coastal August 19, 2010 Mayor and City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 0 1985 2010 25 YEARS OF EXCELLENCE llofman l'lanninl!, K Enginn:ring RESPONSE TO PRESERVE CALAVERA LETTER-PALOMAR COMMONS Mayor and City Councilmembers: The applicant team for the Palomar Commons Project (''Project") is in receipt of the Preserve Calavera letter dated August 16, 2010 addressed to the Mayor and Councilmembers of the City of Carlsbad (''City"). The letter outlines various points of opposition to the Project. We have divided the Preserve Calavera letter into itemized elements and have provided numbers for those itemized elements. The Preserve Calavera letter is attached with the itemized numbering provided in the right-hand margin. The Preserve Calavera letter also references a report dated August 14, 2010 prepared by Tim Landis concerning project hydrology. A copy of the Landis Report also is attached to this letter. Our corresponding responses and comments below are numbered to correspond with the itemized numbering provided on the Preserve Calavera letter. The Landis Report is responded to by the applicant team as part of the response to Comment #5. The individual(s) with the appropriate expertise from the applicant team provided the information for individual responses, which are combined and presented in this letter. A list of the individuals who assisted in the preparation of this letter and their respective areas of expertise is attached to this letter. It is important to remember that the Project site was previously developed as a resort hotel and spa and has undergone two environmental reviews, the MND for the Project and an MND for the previously approved Pacific Athletic Club project. We have not received any opposing communication from affected state or federal resource agencies and the Project complies with applicable city and airport development standards. Redevelopment of the Project site will provide a land use that will serve the residential, business and tourist sectors of the City, while improving the site's access and public safety. 3152LionsheadAvenue • Carlsbad • CA 92010 • (760)692-4100 • Fax: (760)692-4105 c 0 Moreover, the Project adopted a very conservative position in analyzing environmental impacts by not taking any credit for uses that existed on the site prior to the redevelopment of the site. For example, with respect to traffic, air quality, and greenhouse gas emissions, the Project assumed that the site was undeveloped and not generating any traffic, air quality, or greenhouse gas emissions even though the site was previously developed as a resort hotel and spa. Preserve Calavera Letter: Comment #1 No technical response is warranted. The introductory paragraph simply states opinions of Preserve Calavera. Preserve Calavera Letter: Comment #2 No technical response is warranted. The paragraph alleges that the analysis in the Mitigated Negative Declaration ("MND'') was inadequate and that as a result the Planning Commission had insufficient information upon which to base its decision. The Planning Commission found the MND for the project to be legally adequate after a full public hearing and recommended adoption of the MND and approval of the Project to the City Council. Preserve Calavera Letter: Comment #3 The Project has complied with all City standards and notice procedures. This comment takes issue with citywide procedure for project notification. Regarding the noted "scenic character" of El Camino Real, the Project will redevelop the currently blighted appearance of the site along the street frontage. Preserve Calavera Letter: Comment #4 The Project has complied with all City standards and notice procedures. This comment takes issue with the City allowing individual development projects that require a General Plan Amendment to move forward while the City is processing a citywide General Plan Update. Preserve Calavera Letter: Comment #5 This· paragraph responds to the comments made by Tim Landis regarding hydrology that was attached to the Preserve Calavera letter. 1. Response: This is a presentation comment only and is immaterial with respect to the technical analysis presented in the Project's Stormwater Management Plan ("SWMP"). c 0 2. Response: This is a presentation comment only and is immaterial with respect to the technical analysis presented in the SWMP. 3. Response: The Project includes all of the referenced three areas, none of which is an independent project, and therefore need to be analyzed as a whole and as one proposed development. 4. Response: This comment expresses an opinion that is immaterial with respect to the technical analysis presented in the SWMP. The fuel island associated with the proposed gas station area is clearly labeled in both Attachment B and Attachment C of the SWMP. The proposed vehicle wash use and fueling areas were specifically addressed in the SWMP under sections 4.2.3.2 and 4.2.3.4, respectively. 5. Response: As stated in the second paragraph of section 1.1 of the SWMP: "Parcel B, Portion of Lot G, Rancho Agua Hedionda Map 823 of the project site houses the North County Animal Shelter which was recently re- constructed in accordance with drawing numbers 416-2 & 416-2A, CUP 03-21. The animal shelter will remain in operation as the proposed Palomar Airport Commons project will only impact the easterly portion of the shelter site." Please review the Project's site development plan which depicts the scope of work proposed on Parcel B, Portion of Lot G. 6. Response: The comment does not provide enough information to locate the referenced "Environmentally Sensitive Areas Defined in Order 2007 - 001 Map (updated 2009)." We do know, however, that the City's approved Habitat Management Plan (''HMP") vegetation map is accurate in the depiction of the onsite conditions (developed with eucalyptus woodland) and that both the City and the County of San Diego recognize the fact that the blue line shown on the USGS maps referenced in the Preserve Calaveras letter is no longer extant onsite as a result of historic development both onsite and offsite. A discussion of buffers in the MND for a nonexistent stream, therefore, is not necessary in order for the MND to be legally adequate. 7. Response: Opinion only; existing site condition is in compliance with city- issued permits and related inspections. 8. Response: Opinion only; see above response to #7. 9. Response: Please refer to Section 4.2.3.4 of the SWMP which discusses the priority development project Best Management Practices (''BMPs") exclusive to the retail fueling station as well as the discussions in Sections c 0 4.2.1, 4.2.2, 4.2.3, 4.2.4 of the SWMP which address additional measures through low impact development, source control and treatment control BMPs. 10. Response: Storm water related concerns associated with construction are addressed in a project specific Storm Water Pollution Prevention Plan (''SWPPP'') which is prepared during the construction document phase of a project, not during the entitlement phase of a project. The project's SWPPP is anticipated to have erosion control BMPs implemented during construction such as scheduling, preservation of existing vegetation, earth dikes and drainage swales, velocity dissipation devices; sediment control BMPs such as silt fences, check dams, fiber rolls, gravel bag berms, street sweeping and vacuuming, gravel bag barriers, straw bale barriers and storm drain inlet protection; wind erosion control BMPs; tracking control BMPs such as a stabilized construction entrance I exit, a stabilized construction roadway; non-storm water management BMPs such as water conservation practices, paving and grinding operations, illicit connection/discharge, potable water/irrigation, vehicle and equipment cleaning, vehicle and equipment maintenance, concrete curing, concrete finishing, material and equipment use; and waste management and material pollution control BMPs such as material delivery and storage, material use, stockpile management, spill prevention and control, solid waste management, concrete waste management, sanitary/septic waste management. 11. Response: Please review the Project's site development plan which shows more detailed information of the proposed grading for the Project, including the "heights" of the proposed ridge lines in the parking lot. In addition, there is no such rainfall event as the "110 year event" in the San Diego County Hydrology Manual (June, 2003) to use in any analysis. The numerous 10" pipes along the south side of the large retail building on the easterly half portion of the site serve the roof drainage areas. 12. Response: The SWMP describes the existing conditions on-site with respect to storm drain infrastructure in Section 1.1 of the report. Please review the Project's approved drainage study for a more in depth discussion of the existing conditions on site. 13. Response: The comment is unclear and as a result no response can be made. c 0 14. Response: Proposed condition drainage map (DM-2) clearly delineates drainage basins as heavy dashed lines, contours with elevation labels are provided to show the direction of drainage, drainage nodes are labeled in oval shapes at storm drain structures and drainage areas are labeled by name in a hexagon with the area below each label. 15. Comment is immaterial with respect to the technical information presented in the SWMP. 16. This comment expresses a personal opinion and no response is warranted. Preserve Calavera Letter: Comment #6A This comment takes issue with the lack of guidelines or criteria for future proposals to use the proposed General Commercial designation elsewhere in the City. The Project's applicant team only controls the proposals for the subject property. Application of this land use designation elsewhere in the City is a citywide implementation issue that is outside the scope of the Project. It is important to note that the City will not be able to apply a similar General Commercial designation to any other property within the City without fully complying with CEQA and holding the necessary public hearings. Questions concerning whether it is appropriate to apply the designation to any parcel other than the Project site based on the parcel's size and proposed development intensity cannot be analyzed at this time but will be fully analyzed if and when the City proposes to apply the designation to such other parcel. Preserve Calavera Letter: Comment #68 This is another comment raising issue with the citywide processing of the General Plan Update and thus outside the scope of the Project. Also please see response to Comment #4 above. Preserve Calavera Letter: Comment #6C In the retail business, it is typical for most of the sale volume to be generated from closer-in neighborhoods with lesser percentages generated from those neighborhoods that are more distant. It is highly probable that more than half of the retail volume of the Lowe's store will be generated from households within a two-mile radius. In this case, it is rather obvious that both Home Depot and Lowe's have retail outlets throughout the Highway 78 corridor and therefore each outlying c 0 neighborhood is well served with goods of the type that fill the shelves of do-it- yourself retailers. For those reasons, it is somewhat unrealistic to view the entire north county region as the primary market area of the Lowe's store. Preserve Calavera Letter: Comment #60 As discussed in the Traffic Impact Analysis ("TIA'') for the Project, the projected level of service for the El Camino Real/Palomar Airport Road intersection is expected to be a LOS "D" in the future with the project and with additional growth in the corridor. Therefore, growth along the Palomar Airport Road and El Camino Real corridors is evaluated as part of the TIA and is not ignored. The projected LOS is expected to be achieved not only with the Project but also with regional growth as projected by the City and SANDAG. As a result, the "ability to move forward" for other projects as currently planned is not impeded or jeopardized in any way. Preserve Calavera Letter: Comment #7 A, 78, 7C Carbon Monoxide ("CO") levels were evaluated pursuant to two criteria. The first criterion is whether Project CO emissions would exceed a screening threshold of 550 pounds per day, and thereby have the potential to generate high CO concentrations in the Project area. The second criterion is based on quantifying the CO concentrations and comparing the results to the State and Federal ambient air quality standards. Using the methodology for the second criteria, comparisons of State and Federal CO standards to the concentrations for receptors within the Project area are made. CO is a primary criteria pollutant, which is directly emitted from mobile sources. For this reason, CO concentrations are usually indicative of local air quality generated by vehicles on roadway networks and are used as an indicator of its impacts on local air quality. For the Project, significance of CO emissions from vehicles was evaluated based on both sets of criteria discussed above, in compliance with standard CEQA procedures for analyzing the CO impacts. Based on the first criteria, the MND identifies that the seven feasible mitigation measures considered in the analysis would not reduce the regional CO emissions to below a screening criteria level of 550 pounds per day. However, as discussed in the Air Quality Technical Report, under the second criteria, the threshold for one-and eight-hour concentrations was not exceeded at the congested intersections in the Project area. Therefore, although the 550 lb/day threshold for initial screening criteria was exceeded, under the second set of criteria, the overall potential for CO concentrations was found to be below the Federal and State ambient air quality standards. This is why the MND found impacts associated with long-term operational CO emissions to be considered less than significant. Accordingly, no additional measures to c 0 reduce CO emissions are considered necessary. As discussed previously, the analysis in the MND also did not include a credit for any traffic generated by the previously developed resort hotel and spa that was located on the Project site. 7B: Please see information related to trip distribution for Project traffic included in the Response for Comment #SA. Preserve Calavera Letter: Comment #7D Population growth and the consequent use of vehicles is the primary reason for emission increases. Individual site-specific projects have a negligible effect on the macro population-driven and growth demand factors, particularly in urbanized areas already designated for urban uses. Whether an individual site- specific project is constructed or not has little effect on the regional emissions. This is because if there is a market demand for a new retail center, new development would occur either at the currently proposed site, or at another nearby location to satisfy the demands of a growing population, within the local area. Resulting vehicle miles traveled ("VMT'') would be generated within the local community regardless of the specific site location of this new development. Given the urbanized location of the Project, and the availability of similar home repair stores in the broader community to the north and south, while some VMT may be generated by customers traveling further to purchase items specific to the Project, others would be related to local residents taking advantage of short distance to purchase more common items at the new, more convenient location. Therefore, it is anticipated the Project would have a negligible effect on any increase in regional emissions. As such, the MND concluded the Project would not substantially contribute to a cumulatively considerable increase in emissions. Preserve Calavera Letter: Comment #SA As part of the normal review process conducted by the City and consistent with standards established by the SANDAG, Congestion Management Program ("CMP") Guidelines along with the regional SANTEC/ITE Guidelines, drafts of the TIA were submitted to the City and revisions were made as appropriate. As discussed in the final approved TIA (page 3-4), the Project trip distribution is based on a SANDAG travel forecast model completed specifically for the Project. Use of a SANDAG travel forecast model called a "select-zone" is specifically required by regional guidelines. The analysis in the TIA is consistent with this requirement. Further, regional guidelines state, "it is critical that the TIS preparer discuss the project with the lead reviewing agency's staff engineer/planner". As a result of this consultation and as noted in the comment, additional minor adjustments to the trip distribution were discussed between the TIA preparer and City Staff. Appropriate adjustments to the "select-zone" forecast results were made based on such discussion. Changes of this nature c 0 are typical between draft and final traffic studies. A basis for the redistribution of trips is discussed in the TIA on page 3-4. No additional impacts were either created or eliminated by the minor changes to the distribution of trips as reflected in the draft and final TIA. The analysis is based on the updated distribution percentages and thus the trip generation is fully supported in the analysis. Preserve Calavera Letter: Comment #88 As mentioned in the comment, SANTEC/ITE Guidelines recommend analysis of intersections which a proposed project would be expected to contribute 50 or more peak hour trips in the peak direction. This is similar to the requirements contained in the CMP Guidelines. Based on this requirement, a study area for the Project would be expected to consist of a geographic area where the project distribution exceeds 9%. The Project study area contained in the TIA is therefore adequate and in-fact exceeds this requirement in certain cases. Preserve Calavera Letter: Comment #8C As discussed previously and noted by the previous comment, the study area for the Project covered the geographic area required by the SANTEC/ITE Guidelines and CMP Guidelines. This study area did not include the intersection of College/EI Camino Real discussed in the comment. Therefore, comparing results at this intersection between studies is impossible. However, several other intersections on El Camino Real were evaluated in both studies. In-fact, both studies project acceptable LOS as well as similar volumes at intersections along El Camino Real with the exception of El Camino Real/Palomar Airport Road. At the intersection of El Camino Real/Palomar Airport Road, the TIA for the High School showed a worse level of service than what was concluded in the Palomar Airport Commons TIA. This would be the expected result since the High School TIA did not include improvements provided by the Project which are projected to improve the intersection operation. Preserve Calavera Letter: Comment #80 As discussed previously and as required by the CMP Guidelines, the project trip distribution was based on a SANDAG "select-zone" forecast. This forecast distribution was slightly modified to the South and West to account for the home improvement stores to the North and East discussed in the Market Feasibility Analysis and referenced in the comment. These modifications are discussed in the TIA on page 3-4. Preserve Calavera Letter: Comment #9A c 0 The historic blue line, as shown on the USGS maps Preserve Calavera refers to, represents historic remnant data (series 1975; however the data utilized is reproduced from an even older series) which is out of date and no longer accurate as a result of the high level of recent and ongoing development in the area. The involved property is in a fully developed condition and supports no creek, historic bed and bank remnant or blue-line creek. These field survey results fall in line with the City's approved HMP vegetation maps as well as the County of San Diego vegetation maps which delineate this area as fully developed with eucalyptus woodland stretching along the properties northern boundary and hooking south; no creek or wetland/riparian habitat is identified onsite or flowing into the property. To identify the history of the USGS delineated blue line channel running through the property, a Historic Blue Line History for the Palomar Commons property (BLUE, 2010), tracked the development history of the area and arrived at the accepted conclusion that the previously extant blue line channel was permanently removed with the development of the onsite Olympic Resort and Spa facility in 1983. Furthermore, it was shown that the adjacent property to the east, where the historic blue line channel originated and is assumed to have collected and conveyed the historic agricultural water flows, has since been mass graded; removing both the agricultural use (and irrigation flows) as well as the historic headwater of the channel which once, presumably, flowed into the Palomar Commons property from the east. Due to the fact that this developed property and the surrounding street improvements were designed and mass graded to accommodate the public storm water flows onto the site from the three independent public storm drain pipe outfalls, the approved Drainage Study (June, 2010) is accurate in its description of how the storm water and irrigation flows are conveyed across the property. Specifically, the source of these current flows is not from an upper reach (to the north-east in this instance) of the Encinas Creek. As the historic aerial analysis has shown, it is a fact that the Encinas Creek has no northern reach beyond the southern Project property line. In contrast to the formally approved and accepted City HMP vegetation maps as well as the County of San Diego vegetation maps which delineate this area as fully developed, the Preserve Calavera referenced document, the Carlsbad Watershed Management Plan dated 2002, which was notably prepared by Carlsbad Watershed Network ("CWN") stands as the only document which incorrectly identifies riparian habitat (salt marsh) onsite. Furthermore, the area where the CWN document identifies the riparian habitat is not in the location of the historic blue line channel, but within the area identified in the City HMP c 0 vegetation maps as supporting the original eucalyptus woodland which was planted by the initial developer in 1983. As the proposed project footprint is within a fully graded, developed and maintained area, no native sensitive vegetation habitats (including potentially jurisdictional wetlands/salt marsh as incorrectly described in the CWN document) or blue line stream (outdated USGS map) were observed or are expected to be observed onsite. Therefore, the Project will not potentially directly (through the proposed grading activities) or indirectly (with the implementation of the preventative mitigation measures as described in the approved Drainage Study and SWMP) impact the downstream reach of the Encinas Creek, the downstream watershed or the existing beneficial uses. Preserve Calavera Letter: Comment #98 All existing flow information from the three off-site storm drain systems which discharge onto the project property were obtain from approved City drawings numbers 237-7, 314-3 and 400-8D. Section 3.4 of the San Diego County Hydrology Manual (June, 2003) describes the methodology for using the Modified Rational Method. This method, in summary, uses a weighted ratio based upon the respective time of concentration when combining flows from independent drainage systems. Using the equations set forth in Section 3.4.2 of the SDCHM for the Project would lead to a weighted average of the three flows based upon their respective times of concentration, ultimately less than the sum of the three independent drainage systems. The drainage study for the Project assumed the times of concentration were equal which sets all of the weighted ratios to 1 which yields the largest combined flow. Therefore, the methodology of adding "peak" flow rates by assuming the same time of concentration for each independent drainage system is the most conservative. Preserve Calavera Letter: Comment #9C The Canyon de las Encinas watershed is not currently listed in the San Diego Regional Water Quality Control Board's approved 2006 Clean Water Act Section 303( d) List of Water Quality Limited Water Bodies for any water quality impairments. To that end, the Canyon de las Encinas watershed is also not listed in the more recent San Diego Regional Water Quality Control Board's 2008 Section 303( d) Integrated Report on Evaluation of Surface Water Quality and Listing of Impaired Water Body Segments for the San Diego Region which was recently adopted by the Regional Board on December 16, 2009. c 0 Preserve Calavera Letter: Comment #90 As it has been shown there is no extant blue line creek onsite (Historic Blue Line History for the Palomar Commons property; BLUE, 2010). As a result, there are no potential existing beneficial uses (as they relate to USGS blue line creeks) onsite. As such, there is no potential for a direct significant loss of beneficial uses. In addition, as there is no creek onsite, there can be no potential direct impact to the beneficial uses (related to a creek) onsite. Implementing the preventative mitigation measures in the SWMP and SWPPP will eliminate the potential for impacts to downstream beneficial uses and/or existing mitigation areas. Thus, the proposed preventive measures will preclude potential downstream impacts. Preserve Calavera Letter: Comment #9E Please see response to Landis Report, item #9 under Preserve Calavera Letter response Comment #5 above. Preserve Calavera Letter: Comment #9F CEQA Guideline Section 15130(b)(S)(c) states that with "some projects, the only feasible mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather than the imposition of conditions on a project- by-project basis." The assessment and mitigation of GHG impacts as they relate to global climate change fall into this category since the causes and effects are worldwide. The main source of greenhouse gas emissions associated with the Project would be the on-road vehicle emissions. It is important to note that control of the fuel economy standards is held by EPA and CARB, not by local cities, counties, or individual project proponents. Actions and measures to address GHG impacts are being undertaken at a local, state, and federal level. It is through these combined policy and regulatory efforts, more so than any individual project efforts, that GHG emissions will be reduced over time. As discussed in the Climate Change Evaluation Report, both the state of California and the federal government have adopted GHG emission reduction measures that are designed to reduce the amount of GHGs emitted from on-road vehicles. California Department of Transportation (Caltrans) is supporting efforts to improve the energy efficiency of the transportation sector by increasing vehicle fuel economy in new cars, light and heavy-duty trucks, and construction equipment. Caltrans is doing this by supporting on-going research efforts at universities, by supporting legislative efforts to increase fuel economy, and by its participation on the State of California's Climate Action Team. The use of alternative fuels is also being considered; Caltrans is participating in funding for c 0 alternative fuel research at the UC Davis. In order to reduce the use of carbon- based fuels, the Governor of California signed Executive Order S-01-07 calling for a ten percent reduction in carbon intensity in fuels by the year 2020. In addition, President Bush signed new fuel efficiency standards (known as Corporate Average Fuel Efficiency, or "CAFE" standards) that would increase vehicle mileage to 35 miles per gallon by 2020. Accordingly, the only feasible mitigation to address issue related to global warming will be CARS's adoption of regulations and threshold pursuant to AB 32, which will be implemented by local cities and air pollution control agencies (e.g., SDAPCD), to limit GHG emissions in the State. Since the Project would comply with all AB 32-related regulations, the determination in the MND that short-term, long-term, and cumulative impacts related to global warming would be less than significant is consistent with standard GHG evaluation protocol. Preserve Calavera Letter: Comment #9G, 9H The MND identifies how the Project's GHG reduction features (such as provisions for bicycle access and reliance on public transit), combined with other state and federal GHG reduction regulations, achieve a 30% BAU. The commentor noted that the proposed project is not likely to generate a lot of transit or bicycle trips based on the land use type, and therefore the assumptions related to GHG emissions reductions attributable to these types of trips must be faulty. This assertion is incorrect. Two of the four project design features included in the URBEMIS Modeling conducted for the project as emissions reduction measures related to presence of transit service and availability of bike lanes were. The URBEMIS Model does not allow the user to take into account all of the other Project Design Features listed in the Climate Change Evaluation Report due to the limitations of the model. Instead, only the following four Project Design Features that were taken into account in the URBEMIS Model runs: 1. Increase the building energy efficiency rating by 20% above what is required by 2005 Title 24 requirements. 2. Provide electrical outlets for electrically-powered landscaping equipment. 3. Presence of transit service (North County Transit District, Bus Route 321 with 20 weekday buses) within V4 mile of the Palomar Airport Commons Project. 4. Sidewalks on both sides of streets, and availability of bike lanes to encourage bicycle use. The number of bike and transit trips for the Project, as modeled in URBEMIS, was very low. This reflects assumptions for a small number of anticipated employee trips, as opposed to large-scale customer-generated trips as asserted c 0 in the comment letter. There is no indication that the GHG reduction percentages were incorrectly applied in the MND. Based on the URBEMIS Model runs, implementation of these features reduce emissions from area sources (energy use and other area sources) by approximately 20 percent, and reduce emissions from vehicles by 5.01 percent. 9H: Although discussed in the MND, the TIA did not assume any reduction in auto trips as a result of public transit. Nor were reductions for pass-by or diverted trips utilized in the TIA. Similarly, the TIA did not take a credit for existing traffic associated with the previously developed resort hotel and spa. As a result, the TIA analyzed a worse-case situation and conservatively analyzes impacts. Thank you for your time in considering the applicant's team responses to the comments received via the Preserve Calavera letter dated August 16, 2010. Sincerely, ~=~~~ President c: Gary Barberio, Community Development Director Don Neu, Planning Director Team Members and Areas of Response: 1. Allen Haynie: 2. Greg Lang: 3. Michael Jefferson: 4. Bill Hofman: 5. Justin Schlaefli: 6. Allen Nevin: 7. Michael Slavick: Legal Counsel Civil Engineer Biology Land Use Traffic Market Study Air Quality/Greenhouse Gas Specialist c 0 URBAN SYSTEMS ASSOCIATES, INC. PLANNING & TRAFFIC ENGINEERING, MARKETING & PROJECT SUPPORT MEMO CONSULTANTS TO INDUSTRY AND GOVERNMENT ATTN: Colton Sudberry Sudberry Properties, Inc. (858) 546-3000 (858) 245-4616 Ju~aejl~ PE TOTAL PAGES (lncL Cover): 2 Phone: 'Y Fax: 'Y FROM: DATE: August 18,2010 TIME11:19:18AM JOB NUMBER: 001609 SUBJECT: Palomar Airport Commons Traffic Impact Analysis Confidential Communications This transmittal is intended for the recipient named above. Unless otherwise expressly indicated, this entire communication is confidential and privileged information. If you are not the intended recipient, do not disclose, copy, distribute or use this information. If you received this transmission in error, please notify us immediately by telephone, at our expense and destroy the information. In order to briefly discuss the major points and conclusions of the Traffic Impact Analysis (TIA) which we prepared for the Palomar Airport Commons site, I am providing this memo for your information and use. The Palomar Airport Commons site has a long history which is well known in the community. Being located at the intersection of Palomar Airport Road/ El Camino Real provides a unique opportunity as well as challenge for the site. The opportunity from a traffic perspective is to provide services at a location which is well traveled and served by a well developed and high capacity road network. This makes the site perfect for community- serving retail. An office or residential project on the site would draw new trips into the community and could add additional unnecessary traffic to an intersection which already accommodates high volumes. Instead, as planned, a community-serving retail project will inevitably draw traffic to the site which already exists on the roads and intersections adjacent to the project. This produces an opportunity to capture what is referred to as "pass-by" traffic which includes people who would travel on Palomar Airport Road or El Camino Real with or without the project. The benefit of this type of trip capture is that it minimizes the addition of new traffic to those adjacent road segments and intersection as well as reduces the length of travel. In other words, demand from the community is served locally and people don't have to commute as far to serve their retail needs. Although there are obvious traffic benefits from the retail project, challenges also exist as a result of the same high volume of traffic and road network which produce the opportunity mentioned above. Specifically two main challenges were identified as a result of our work. First, access to the project site was identified as an opportunity for improvement. Second, improvements to the intersection of Palomar Airport RoadiE! Camino Real were developed which not only improve existing traffic flow but ensure proper function into the future with not only our project but additional future growth as well. These improvements were important to make sure the Palomar Airport Commons project fit in the community and didn't create new problems. As previously discussed, the project location and character as currently proposed is expected to improve traffic flow in the community in numerous ways. Unfortunately, using the methodologies and rates necessary for an acceptable TIA, often very conservative analysis is provided to make sure all potential project impacts are identified. One example of this conservative methodology is expressed in the amount of traffic estimated for the project and analyzed in the TIA. The assumption in the TIA was that all traffic to and from the project would be completely new to the community. As mentioned above, as a community-serving retail project, it is I 001609-081610-memo-jps.doc 4540 Kearny Villa Road, Suite 106 • San Diego, CA 92123 • (858) 560-4911 • Fax (858) 560-9734 Colton Sudbeny Sudberry Properties, Inc. c 0 © Urban Systems Associates, Inc. 811612010 certain that a significant portion of the traffic to and from the project will already exist on adjacent streets and will "divert" into the project site. These "pass-by" trips are recognized by the Institute of Traffic Engineers as well as Sandag. Sandag estimates that this type of traffic would be a minimum of 15% and as much as 30% or more of project traffic for the type of retail planned for the site. Therefore, the traffic projections contained in the TIA are actually quite conservative. Project access will be improved substantially with the Palomar Airport Commons project. Several safety improvements were identified along with improvements which augment traffic flow in the area. Following City of Carlsbad access standards, consolidation of project access with the adjacent Animal Shelter was identified as an improvement to traffic flow. Further, all non-signalized access points will provide deceleration lanes for right turn access into the project. The proposed signalized access will provide safe and improved left-tum exit for the Palomar Airport Commons as well as the Animal Shelter and will not conflict with traffic flow at the intersection of Palomar Airport Road/El Camino Real. Additionally, existing median openings on El Camino Real will be closed in order to reduce the potential for collision produced by uncontrolled turns across a major road. As a result, safety and traffic flow adjacent to the project site will be significantly improved. Improvements for the Palomar Airport Commons project are nearly identical to the improvements identified by the previously planned Western Athletic Club. The Western Athletic Club was a previously approved proposal for development on the project site and would be an alternative to the Palomar Airport Commons project allowed by current zoning and entitlements. The impacts identified for the Western Athletic Club along with the proposed mitigation are nearly identical. In fact, impacts and mitigation from almost any project of reasonable size which could be developed on the site would be very similar simply because of the proximity to the intersection of El Camino Real/Palomar Airport Road. Improvements to traffic flow identified for this intersection and which will be provided by the Palomar Airport Commons project include an additional northbound left turn lane, an eastbound right turn lane and remote connections to the City of Carlsbad, Traffic Management Center. These improvements will not only improve existing traffic flow but allow the intersection of Palomar Airport Road/ El Camino Real to operate properly in the future with the Palomar Airport Commons project along with anticipated traffic growth. This will ensure that the road system in the project area will meet City of Carlsbad targets provided in the Growth Management Plan. As discussed, with the proposed improvements and recognizing the nature of the project site, no significant project impacts are expected. The community-serving retail will provide an opportunity for residents and workers already in Carlsbad to shorten their commute and have their needs served locally where they drive every day. The access improvements will not only improve traffic flow on Palomar Airport Road and El Camino Real but also improve safety. The impacts and improvements identified are no worse than the previously approved Western Athletic Club project and will provide traffic relief in the future as well. 2 001609-08161 0-memo-jps.doc 4540 Kearny Villa Road, Suite 106 • San Diego, CA 92123 • (858) 560-4911 • Fax (858) 560-9734 August 17, 2010 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 0 0 -LANG-. . eng1neer1ng co. Consulting Engineers · Land Planners 8110 lrnovation Way o Carlsbad, CA 92009 Phone (780) 892-1950 o Fax C780J 892-1951 Attn: Mr. Van Lynch, Senior Planner Subject: Consultant Response to the Carlsbad Watershed Network's Letter on Palomar Airport Commons Project Proposed Mitigated Negative Declaration (MND) Dear Mr. Lynch, This letter is in response to the August 4, 2010 letter from the Carlsbad Watershed Network (CWN) regarding their concerns with the proposed Palomar Airport Commons project's down gradient watershed concerns. In addressing CWN's concerns related to the cumulative watershed and water quality concerns along the coast, it is in my professional opinion that there will be no cumulative impacts to the downstream watershed associated with the proposed project with respect to water quality or peak flow rate discharges in accordance with the results presented in the approved Drainage Study and Storm Water Management Plan (SWMP) for Palomar Airport Commons, both dated June 16,2010. As the project's approved Drain Study and SWMP have demonstrated, the proposed project will adequately address the public drainage which flows onto the site from the public rights-of-way which is currently conveyed across the property in existing concrete swales and previously graded areas that were operated as a golf driving range as well as water quality concerns associated with storm water runoff from the proposed project. Off-site Storm Water As correctly identified in CWN's letter, the Palomar Airport Commons project is located in the northeasterly most limit of the Canyon de las Encinas hydrologic area. The subject property has in the past and presently serves as a drainage conveyance for the surrounding areas due to its depressed topography and existing natural low point in the southwesterly corner of the property. As documented in the project's approved technical studies, public storm water flows onto the site from three (3) independent public storm drain pipe outfalls installed under or modified by drawing numbers 237-7, 314-3, 323-3 and 400-8Do This public storm water runoff is proposed to be conveyed through the property in new, underground public storm drain infrastructure instead of surface flowing across the land. In the existing condition, current run-on from these public storm drain outfalls can potentially accumulate pollutants from fertilizers and pesticides applied to existing landscaped areas or from other on-site pollutant sources before discharging from the project due to the fact that the primary existing conveyance c 0 August 17, 2010 Palomar Airport Commons Consultant Response method is surface flow in existing concrete swales and across previously graded areas that were operated as a golf driving range. Furthermore, large rainfall events discharging from the public storm drain systems onto the property can produce significant flows and associated velocities which can likely cause erosion to occur on-site and, in him, introduce silt and sediment into the down gradient watershed. The Palomar Airport Commons project proposes to accommodate these public, off-site flows discharging onto the property by conveying them to the existing natural discharge point through a new system of public storm drain infrastructure. Using this approach, the new system will minimize the likelihood of the runoff coming in contact with common storm water pollutants since the new system is fully enclosed and underground. Lastly, the majority of any erosion or off-site sediment transport concerns will be negated by conveying the runoff through pipes instead of on the surface and through the use of two storm water energy dissipation devices in series at the storm drain system's outfall which will reduce the storm water flow velocities exiting the project site. Below is a brief summary of the benefits provided by the project with respect to off-site storm water flowing onto the project site: The proposed project will install new public storm drain infrastructure to accommodate off-site storm drain flows onto the site and effectively convey the flows through the project. Conveying the existing storm water from off-site through the new storm drain system will: Decrease the probability that off-site storm water flow will come into contact with common storm water pollutants. Decrease the Erosion to occur on-site due to high velocities and large flow rates. Decrease the potential for silt and sediment to leave the project site by eliminating the likelihood of erosion on-site On-site Storm Water In order to address project related storm water quality concerns, the proposed Palomar Airpon Commons project incorporates numerous low impact development strategies, source control and treatment control best management practices to meet water quality objectives. As the project's approved Drainage Study and SWMP demonstrate, the project adequately addresses all potential impacts associated with the proposed Palomar Airport Commons development. The proposed project will effectively treat its own storm water runoff for water quality issues through the use of low impact development, source control and treatment control best management practices and safely convey the public, on-site storm water run-on through the project site. These preventative measures (as fully described in the referenced approved technical studies) consist of: one (1) storm drain filter insert, one (1) proprietary high-rate biofilter planter, two (2) nutrient separating baffle boxes, over eight thousand five hundred (8,500) square feet ofbiofiltration cells and one hundred eighty-seven thousand (187,000) gallons of subsurface infiltration and retention facilities to address the proposed project's storm water quality concerns. In addition, through the design of the project's two (2) subsurface storm water detention facilities, the proposed development's peak discharge rate is less than the existing condition's peak runoff rate for the design storm analyzed in the project's drainage study. Below is a brief summary of the positive design elements integrated into the project's design with respect to on-site storm water quality: Numerous low impact development strategies integ!ated into the project's design Numerous source control which help prevent storm water pollution from occurring Page 2 of3 0 0 August 17, 2010 Palomar Airport Commons Consultant Response The proposed project incorporates numerous treatment control best management practices which treat storm water runoff from the project site through: Infiltration methods -Natural means (plant uptake, natural degradation by bacteria, evaporation, etc.) Mechanical means (filters, screens, separators, absorbents, etc.) The project's peak discharge rate is less than the existing discharge rate for the design storm evaluated Lastly, as correctly identified in CWN's letter, the Canyon de las Encinas watershed is not currently listed in the San Diego Regional Water Quality Control Board's approved 2006 Clean Water Act Section 303(d) List of Water Quality Limited Water Bodies for any water quality impairments. To that end, the Canyon de las Encinas watershed is also not listed in the more recent San Diego Regional Water Quality Control Board's 2008 Section 303(d) Integrated Report on Evaluation of Surface Water Quality and Listing of Impaired Water Body Segments for the San Diego Region which was recently adopted by the Regional Board on December 16, 2009. In closing, as a result of the project's design and the implementation of the preventative mitigation measures as described above and demonstrated in the project's approved technical studies, the Palomar Airport Commons project will not directly or indirectly impact the existing beneficial uses of the watershed as described by CWN. Sincerely, Gregory W. Lang, P.E. Lang Engineering Company 6110 Innovation Way Carlsbad, CA 92009 (760) 692-1950 cc: Mr. Don Neu, Planning Director Page 3 of3 c BLUE CONSULTING GROUP August 2, 2010 Colton Sudberry 5465 Morehouse Drive Suite 260 San Diego, CA 92121 BIOLOGY• LAND USE&• ENTITLEMENTS Reference: City of Carlsbad, Palomar Commons Project; Biologically Sensitive Habitat Impacts and Mitigation Mr. Sudberry, This letter has been prepared in response to Van Lynch's, City of Carlsbad staff, request to identify the area of eucalyptus woodland impacts (proposed) and a determination regarding the existence of potential non-native grasslands to be impacted by the proposed Palomar Commons project. A biological survey was conducted within the Area of Potential Effects (APE) as well as within footprint of the proposed Palomar Commons project on March 15th and July 26th, 2010 to identify the extent of the eucalyptus woodland to be impacted and identify any potential non-native grasslands within the APE/project footprint. The site was walked on foot and resources mapped using a 2008 aerial photograph of the area. Existing Conditions The APE is inclusive of the approximately 17.1 acre project footprint of the proposed Palomar Commons project which is located at the south-west corner of the intersection of Palomar Airport Road and El Camino Real in the City of Carlsbad, San Diego County. The property is owned by the County of San Diego (Department of Public Works, Airports) and is currently in a fully developed condition [City of Carlsbad Habitat Management Plan (HMP); Baseline condition of vegetation communities, 2007). As County owned property, the proposed development must conform to the draft North San Diego County Multiple Species Conservation Program {MSCP). The project is located on two parcels; the parcel to the west has been fully developed as the San Diego County animal control shelter for the northern region and the parcel to the east was fully developed in 1983 as the Olympic Resort and Spa. This development included a hotel, parking areas, tennis courts, swimming pool and golf driving range (maintained grass turf). The property is outside of an existing or proposed HMP Conservation Area and is not adjacent to any Preserve Areas. The property is bounded on all sides by development; to the north by Palomar Airport Road and the Palomar Airport, to the west by the animal control shelter, to the east by El Camino Real and a business park and to the south by a business park and drainage channel (flowing south) fed by storm water from the surrounding streets and the existing development. In June of 2007 a Negative Declaration for the Western Athletic Club was approved and certified by the City of Carlsbad (Resolution No. 6315) for the property supporting the existing Olympic Resort and Spa. The Negative Declaration stated that "No Impact" to biological resources would occur as a result of the re-development of the 15.9 acre Olympic Resort and Spa property. The approved work relating to this approved project was initiated but not completed. ~P.O. 80X658 SAN MARCOS, CA92079 ir858.391.8145 .t.;;!, MIKE@BLUECONSULTING.COM c -2- In February of 2010 a demolition permit (No. CB090047) from the City of Carlsbad was issued for the Olympic Resort and Spa property and work is currently underway. Sensitive Biological Resources As the APE and the proposed project footprint is within a fully graded, developed and maintained area, no natural/native sensitive vegetation habitats were observed or are expected to be observed. No rare, sensitive, narrow endemic, no-take or HMP covered plant or wildlife species were observed, or are expected to occur as a result of the graded and developed condition of the area. The area onsite which was graded and planted with sod to create the maintained driving range is considered to be developed habitat; no sensitive non-native grassland habitat was observed. A review of the California Natural Diversity Database (CNDDB, 2009) indicates that Del Mar Manzanita (Arctostaphylos glandulosa ssp. crassifolia) and wart-stemmed ceanothus (Ceanothus verrucosus) were potentially historically observed in the area and onsite. As the area identified by the CNDDB as supporting these sensitive plant species in the area has long been heavily graded and developed it is clear that the records are out of date. This existing developed condition is also true for the historic (outdated) USGS topography map blue line which is shown to cross the property from flows originating on the east side of El Camino Real. A historic blue line waters study was completed to identify when the onsite blue line ceased to exist (attached). While no natural/native sensitive habitats were observed or are expected to occur onsite, one vegetation community protected by the City of Carlsbad HMP was observed; eucalyptus woodland. Eucalyptus Woodland Eucalyptus woodland is a non-native community identified and protected by the City of Carlsbad as a HMP Group F habitat. It is dominated by various species of planted eucalyptus. The understory is poorly developed or absent owing to the toxic effect of the eucalyptus leaves that acts to inhibit the growth of other plants. Although this habitat supports no sensitive plant or animal species, it is often used for nesting by raptors and other birds, or for nesting by bats. A total of 1.4 acres of eucalyptus woodland (a Group F Habitat) would be permanently impacted (removed) by the proposed Palomar Commons project. Mitigation Requirements As a City of Carlsbad Group F Habitat is proposed to be impacted (1.4 acres of eucalyptus woodland), mitigation is required to reduce the level of impacts to below a level of significance (City of Carlsbad-Guidelines for Biological Studies, 2008). This mitigation shall be completed as an acreage in-lieu fee (1:1 mitigation ratio). Therefore, fees shall be paid to the City of Carlsbad for the removal of 1.4 acres of Group F habitat. As the eucalyptus woodland and/or other mature trees observed onsite may support nesting birds, mitigation measures to avoid potential impacts to nesting birds is required. These measure are described below: Clearing and grubbing activities are generally prohibited during the bird breeding season (February 15 -September 15). If grading and/or removal of potential nesting sites are to occur during the nesting season, the USFWS must be notified at least seven days before the clearing and grubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impact areas. The biologist will immediately report to USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. Other initial construction activities will also be avoided during the breeding season if feasible. If this cannot be avoided, the following measures will be taken: ~ P.O. Box 658 SAN MARcos, CA 92079 fir 858.391.8145 g MIKE@BLUECONSULTING.coM c -3- • Surveys will be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell's vireo) and within an additional 500-ft survey buffer within three days of construction. • The USFWS will be notified immediately of any federally listed species that are located during pre-construction surveys. • · If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. • During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented. The proposed development in conjunction with the stated mitigation measures reduces the potential impacts to a level below significance while conforming to the City HMP as well as the draft north county MSCP. If you have any questions regarding the information on biological resources and mitigation measures please contact me. Sincerely, ~. "'·· rr-v~---- Michael K. Jefferson President BLUE Consulting Group @ P.O. BOX 658 SAN MARCOS, CA 92079 If 858.391.8145 ,!;!, MIKE@BLUECONSULTING.COM c -4- ATTACHMENTS Project Aerial, 2008 Project Area Habitat Map APE/Project Impact Footprint Overlay Historic Blue Line Analysis @ P.O. BOX 658 SAN MARCOS, CA 92079 lr 858.391.8145 Q MIKE@BLUECONSULTING.COM Area of Potential Effects (APE) D Project Footprint Property Aerial 2008 D Project Footprint Area of Potential EffectS (APE) Developed Area -Eucalyptus Woodland Olfslte Southern Maritime Chaparral M Olfsltc Storm Water Drainage Channel Palomar Commons Habitat Map 0 Project Impact Footprint Area of Potent•al Effects (APE) Developed Area -Eucalyptus Woodland Offsite Southern Mar,time Chaparral M Offsite Storm Water Drainage Channel Palomar Commons Proposed Impact Footprint SAN DIEGO CO~'NTY REGIONAL AIRPORT AU T HORITY PO BOX 8277o, SAN I> EC.O. C:. qzt38 -277o 6 ~ <: 1.11.1'-I.SM. ORG July 21. 2010 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Airport Lund use Commission Con~istency Dete··mination -611 I £1 Camino Real at PalrJmar Airport Rood, C11y. of Carlsbad: General Plan Amendment and Zone Redas~ijtcation lO con:,trucl a communi I}' shopping (enter; AP/1. 213-020-:8 (uka 760-221-01 5); McCit-1/an-Pa/omar Airport - Airport Land Use Compatibility Plan --PAL-10-003; Resolution No. 2010-0038 ALUC Dear Mr Lynch: 1 his ktter is to not1fy the City of Carlsbad ("City") of the July I, 20 I 0, consistency determination thai was made by the San Diego County Regional Airport Authority ("Authority'' or ''SDCRAA"), actmg in its capacity as the San Diego County Airport Land Use Commission ("ALUC"), for the referenced prOJt'<'l. The ALUC has determined that the proposed project is co nditionally consistent with the McClellan-Palomar Atrport -Airport Land Use Compatibility Plan ("ALUCP"). A copy of Resolunon 2010-0038 ALUC. approved by the ALUC on July I, 20 I 0, and memorializing the consistency determmation, is enclosed for your mformation. I ht AUJC's derc-11nination that the 61 i 1 El Camino Real at Palomar Airport Road plOJect is conditionally co nsistent wit~ •he McClellan-Palomar ALUCP was made ~,;onsistent with tht: AUK' Policies anti the )tate Aeronautics Act pro,·i·nons \Cal. Pub. t.:"til. Code ~2t670-21679.5), and was based on numerous facts and findings. including tho:)e summarized below: (I ) The propo~ed project involves a general plan amendment and zone reclassi ftcativn to construct a retail community sLopping center consisting of a home improvement store, gas statiOn/convenience market and car wash. bank, retail sales building, and eating/drinking establishments. (2J fhe gas station/convenience market and car wash, bank, retail sales, and eating/dnnkmg establishment buildings of the proposed project would be located within the 65-70 and 70-75 dB CNEL noise contours. The ALUCP identifies retail sales and personal services uses located within the 65-70 and 70-75 dB C'NEL noise contours as conditionally compatible with a1rport uses, provtded that the buildings are !'ound auenuated to 50 dB CNEL interior noi se level. Therefore. as a condition of project approval, the convenience market, bank, retail sales. and eating/dnnking establishment building~ of the project must be sound attenuated to the 50 dB CNEL interior noise level. More than 75 percent of the home improvement store would be located withjn the 60-65 dB CNEL noise contour. The ALUCP identifies retail sales and persona' scr1ces ~se~ located wtthm the 60-65 dB CNEl noise contour as compatible with airport use~. r ~ 1 The ALUl P requires that an avigat1on easement for aircraft noise and height be recorded with the County Recorder for land uses for which 5ound attenuation ic; required. As the County of San Diego is the owner of the property and cannot grant an easement to ttself, a covenant of avigation easement as notice to future lessees of the property would satisfy this requuement. Therefore. as a condition of project approval, a covenant of avigation easement for a1rcraft norse and height as notice to future lessees of the property must be recorded for the property with the County Recorder. SAN DIEGO INT E RNATIONAL AIRPORT Mr. Lynch Page2 c 0 (4) The proposed project is located in such proximity to the airport that it exceeds an airspace threshold which would require an obstruction evaluation from the FAA. Therefore, as a condition of project approval, the project must secure a determination of no hazard to air navigation from the FAA which would result in no changes to airport operations. (5) The property of the proposed project is located within Safety Zones 1, 2, 3, and 4. No structures would be located within Safety Zone 1. The gas station/convenience market and car wash, bank, and retail sales buildings would be located within Safety Zone 2, which allows a maximum of 70 people per acre. The eating/drinking establishments and most of the home improvement store would be located within Safety Zone 3, which allows a maximum of 130 people per acre. A portion of the home improvement store would be located within Safety Zone 4, which allows a maximum of 130 people per acre. The project would be considered conditionally compatible if these people per acre limitations of the ALUCP safety zones are codified. Therefore, as a condition of project approval, a Memorandum of Lease shall be recorded with the County Recorder and the Lease shall contain provisions limiting site occupancy to the applicable maximum numbers of people per acre respective to each safety zone. ( 6) Therefore, if the proposed project contains the above-required conditions, the proposed project would be consistent with the McClellan-Palomar Airport ALUCP. (7) This Board action is not a "project" as defined by the California Environmental Quality Act (CEQA) Pub. Res. Code Section 21065; and is not a "development" as defined by the California Coastal Act Pub. Res. Code Section 30106. Please contact Mr. Ed Gowens at (619) 400-2244 ifyou have any questions regarding the issues addressed in this letter. TFB/EG Enclosures: Resolution 2010-0038 ALUC cc: Amy Gonzalez, SDCRA, General Counsel Terry Barrie, Cal trans, Division of Aeronautics Chris Schmidt, Caltrans, Division 11 RESOLUTION NO. 2010-0038 ALUC A RESOLUTION OF THE BOARD OF THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY MAKING A DETERMINATION THAT THE PROPOSED PROJECT: GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION TO CONSTRUCT A COMMUNITY SHOPPING CENTER AT 6111 EL CAMINO REAL AT PALOMAR AIRPORT ROAD, CITY OF CARLSBAD, IS CONDITIONALLY CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT -AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board of the San Diego County Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for San Diego County, was requested by the City of Carlsbad to determine the consistency of a proposed development project: General Plan Amendment and Zone Reclassification to Construct a Community Shopping Center at 6111 El Camino Real at Palomar Airport Road, City of Carlsbad, which is located within the Airport Influence Area (AlA) for the McClellan-Palomar Airport-Airport Land Use Compatibility Plan (ALUCP), adopted on January 25, 201 0, and amended on ( March 4, 2010, and WHEREAS, the plans submitted to the ALUC for the proposed project indicate that it would involve a general plan amendment and zone reclassification to construct a retail community shopping center consisting of a home improvement store, gas station/convenience market and car wash, bank, retail sales building, and eating/drinking establishments; and WHEREAS, the proposed gas station/convenience market and car wash, bank, retail sales, and eating/drinking establishment buildings would be located within the 65-70 and 70-75 decibel Community Noise Equivalent Level (dB CNEL) noise contours, and the ALUCP identifies retail sales and personal services uses located within the 65-70 and 70-75 dB CNEL noise contours as conditionally compatible with airport uses, provided that the buildings are sound attenuated to 50 dB CNEL interior noise level, and that a covenant of avigation easement for aircraft noise and height is recorded with the County Recorder as notice to future lessees of the property; and WHEREAS, the County of San Diego is the owner of the property upon which the proposed project would be placed and cannot record an avigation easement against itself and therefore requests that instead of an avigation easement it will record a Memorandum of Lease that satisfies the avigation easement requirement set forth in the ALUCP; and Resolution No. 2010-0038 ALUC Page2 of4 WHEREAS, more than 75 percent of the home improvement store would be located within the 60-65 dB CNEL noise contour, and the ALUCP identifies retail sales and personal services uses located within the 60-65 dB CNEL noise contour as compatible with airport uses; and WHEREAS, the proposed project is located in such proximity to the airport that it exceeds an airspace threshold which would require an obstruction evaluation from the Federal Aviation Administration (FAA), and the project must secure a determination of no hazard to air navigation from the FAA which would result in no changes to airport operations; and WHEREAS, the proposed project is located within Safety Zones 1, 2, 3, and 4, and, while no structures would be located within Safety Zone 1, the gas station/convenience market and car wash, bank, and retail sales buildings would be located within Safety Zone 2, which allows a maximum of 70 people per acre; and the eating/drinking establishments and most of the home improvement store would be located within Safety Zone 3, which allows a maximum of 130 people per acre; and a portion of the home improvement store would be located within Safety Zone 4, which allows a maximum of 130 people per acre; and the project would be considered conditionally compatible, provided a Memorandum of Lease is recorded with the County Recorder and the Lease granted by the County shall contain provisions limiting site occupancy to the applicable maximum numbers of people per acre respective to each safety zone; and WHEREAS, the Board has considered the information provided by staff, including information in the staff report and other relevant material regarding the project; and WHEREAS, the Board has provided an opportunity for the City of Car1sbad, and interested members of the public to present information regarding this matter; NOW, THEREFORE, BE IT RESOLVED that the Board, acting as the ALUC for San Diego County, pursuant to Section 21670.3 of the Public Utilities Code, determines that the proposed project: General Plan Amendment and Zone Reclassification to Construct a Community Shopping Center at 6111 El Camino Real at Palomar Airport Road, City of Car1sbad, is conditionally consistent with the McClellan-Palomar Airport ALUCP, which was adopted on January 25, 2010, and amended on March 4, 2010, based upon the following facts and findings: Resolution No. 2010-0038 ALUC Page 3 of4 (1) The proposed project involves a general plan amendment and zone reclassification to construct a retail community shopping center consisting of a home improvement store, gas station/convenience market and car wash, bank, retail sales building, and eating/drinking establishments. (2) The gas station/convenience market and car wash, bank, retail sales, and eating/drinking establishment buildings of the proposed project would be located within the 65-70 and 70-75 dB CNEL noise contours. The ALUCP identifies retail sales and personal services uses located within the 65-70 and 70-75 dB CNEL noise contours as conditionally compatible with airport uses, provided that the buildings are sound attenuated to 50 dB CNEL interior noise level. Therefore, as a condition of project approval, the convenience market, bank, retail sales, and eating/drinking establishment buildings of the project must be sound attenuated to the 50 dB CNEL interior noise level. More than 75 percent of the home improvement store would be located within the 60-65 dB CNEL noise contour. The ALUCP identifies retail sales and personal services uses located within the 60-65 dB CNEL noise contour as compatible with airport uses. (3) The ALUCP requires that an avigation easement for aircraft noise and height be recorded with the County Recorder for land uses for which sound attenuation is required. As the County of San Diego is the owner of the property and cannot grant an easement to itself and to satisfy the avigation easement requirement set forth in the ALUCP, a Memorandum of Lease shall be recorded with the County Recorder to provide notice to future lessees of the property. Therefore, as a condition of project approval, a Memorandum of Lease shall be recorded and the Lease granted by the County shall contain covenants that satisfy the requirement of an avigation easement for aircraft noise and height as notice to future lessees of the property. (4) The proposed project is located in such proximity to the airport that it exceeds an airspace threshold which would require an obstruction evaluation from the FAA. Therefore, as a condition of project approval, the project must secure a determination of no hazard to air navigation from the FAA which would result in no changes to airport operations. (5) The property of the proposed project is located within Safety Zones 1, 2, 3, and 4. No structures would be located within Safety Zone 1. The gas station/convenience market and car wash, bank, and retail sales buildings would be located within Safety Zone 2, which allows a maximum of 70 people per acre. The eating/drinking establishments and most of the home improvement store would be located within Safety Zone 3, which allows a maximum of 130 people per acre. A portion of the home improvement store , .. c Resolution No. 2010-0038 ALUC Page4 of4 would be located within Safety Zone 4, which allows a maximum of 130 people per acre. The project would be considered conditionally compatible if these people per acre limitations of the ALUCP safety zones are codified. Therefore, as a condition of project approval, a Memorandum of Lease shall be recorded with the County Recorder and the Lease shall contain provisions limiting site occupancy to the applicable maximum numbers of people per acre respective to each safety zone. (6) Therefore, if the proposed project contains the above-required conditions, the proposed project would be consistent with the McClellan-Palomar Airport ALUCP. BE IT FUTHER RESOLVED that this Board action is not a "projecf as defined by the California Environmental Quality Act (CEQA), Pub. Res. Code Section 21 065, and is not a "developmenr as defined by the California Coastal Act, Pub. Res. Code Section 301 06. PASSED, ADOPTED AND APPROVED by the Board of the San Diego County Regional Airport Authority at a regular meeting this 1st day of July, 2010, by the following vote: AYES: Board Members: NOES: Board Members: ABSENT: Board Members: APPROVED AS TO FORM: BRETON K. LOBNER GENERAL COUNSEL Boland, Cox, Desmond, Finnila, Gleason, Panknin, Smisek None Robinson, Young ATIEST: TONY R. USSELL DIR R, CORPORATE SERVICES/ AUTHORITY CLERK _,§~.A CITY OF 0 VcARLSBAD Planning Department June 24, 2010 Hofman Planning and Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 RE: GPA 09-07-PALOMAR COMMONS SIGN PROGRAM Dear Natalie, www.carlsbadca.gov Please find below a list of comments on the proposed sign program for the Palomar Commons project which was submitted on June 21, 2010. A red lined plan is available for review as well upon demand. 1. On Page 5, please note the reference to the diagram above, rather than below. 2. On Page 8, the City is not supportive of two monument signs for the project, specifically A 1. The Sign Ordinance only allows one monument sign per street frontage (one along Palomar Airport Rd and one along El Camino Real). If two monuments are desired, there is a provision for monument signs to be placed on each side of a main or common entry into a project. Please also provide the sight distance lines to verify there are no sign distance conflicts with the locations of the monument signs. A line on the civil plans would be ideal. 3. On Page 9, the sign area for the anchor tenant for the large building is being modified by Variance 10-01. The plan should reference this Variance. The maximum letter height allowed per the Variance is 7'9" and the overall sign area allowance is 1051.34 square feet. Only the building frontage shall count towards the allowable sign area allowance for the entire building. 4. On Page 10, the building elevations should reflect the approved elevations (all pages of the plans). Please note that the sign area of just the lettering for the main sign is 214.5 square feet. The total sign area of the main sign (with background) is 615.94 square feet. Also note again that the overall sign allowance for the whole building is 1051.34 square feet (not just the north elevation). Please delete the reference to square footage (280 sq ft) allowed on the west elevation. The sign area allowed is 56.4 square feet, and 163.4 with background. The maximum letter height on the west building elevation is 4 feet. 5. On page 11, please change the sign area allowance to 56.4 square feet and 163.4 square feet with background. Please delete the reference to "East elevation: 280 square feet total allowed." ~~.----------------------------------------------------------....... 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 6. On page 12, for the size of signs allowed, the text should read as follows: The total sign area shall not exceed 1.0 square foot of sign area per lineal foot of building frontage of leased premises. A separate exhibit shall be prepared which shows all the buildings (plan view) and have marked the frontage for each of the buildings. Under "Secondary Signs," please remove the text "25% of' as no additional signage is permitted beyond the basic sign allowance. 7. On Page 13, please provide the overall length of the building. This will determine the square footage of signage allowed for the building. Please provide the maximum sign area per building. The maximum allowed for Building 4 appears to be 71 square feet and should be noted on the plans. The tenant/landlord can determine how they choose to divide and locate the allowable sign area ori the building. 8. Page 14, 15, and 16, same comments as above for Page 13. 9. On page 17, Shop Buildings, the size of signs shall read as follows: The total tenant sign area shall not exceed 1.0 square foot of sign area per lineal foot of leased premises along the primary entry elevation. 10. On page 19, please note in the plan that no signs are permitted on the tower element. 11. A Sign Program application form and fee shall be submitted for further review and approval of the sign program. For reference, the Bressi Ranch Commercial sign program is an approved sign program and would be a good model to follow for the pad and shop buildings. Please refer to that plan for examples of text and graphics. If you have any question regarding the above comments, please feel free to contact me at (760) 602-4613 or van .lynch@carlsbadca. gov. Senior Planner C: file 4~~ CITY OF c M~t\IZ-{£0 ~'CARLSBAD Planning Division www.carlsbadca.gov July 8, 2010 Hofman Planning and Engineering 3152 Lionshead Av Carlsbad CA 92010 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/SUP 09-08/CUP 03-21(A)/CUP 09- 07/CUP 10-05-PALOMAR COMMONS At the July 7, 2010 Planning Commission meeting, your application was considered. The Commission voted 5-2 to recommend adoption/recommend approval of your request for a General Plan Amendment GPA 04-03, General Plan Amendment GPA 09-07, Zone Change ZC 09- 08. The decision of the Planning Commission is advisory and will be forwarded to the City Council. The Commission voted 5-2 to approve your request for a Site Development Plan SOP 09-05, Special Use Permit SUP 09-08, Conditional Use Permit Amendment CUP 03-21 (A}, Conditional Use Permit 09-07 and Conditional Use Permit CUP 10-05. The decision of the Planning Commission will become final on July 17, 2010. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Van Lynch at (760) 602-4613 or van.lynch@carlsbadca.gov. S[y)t DON NEU, AICP City Planner DN:VL:bd c: Pacific Sports Resort Inc, c/o Western Athletic Club, One Lombard St, San Francisco CA 94111 Data Entry /File enc: Planning Commission Resolutions No. 6700, 6701, 6702, 6703, 6704, 6705, 6706, 6707, 6708, and 6709 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®