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Home My WebLink AboutSDP 01-01B; Biltmore; Site Development Plan (SDP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) Administrative Permit • I I Administrative Variance I V\ Coastal Development Permit [Vj Conditional Use Permit I I Condominium Permit I I Environmental Impact Assessment I I General Plan Amendment I I Hillside Development Permit I I Local Coastal Program Amendment I I Master Plan • • (FOR DEPARTMENT USE ONLY) Non-Residential Planned Development Planned Development Permit I I Planned Industrial Permit I I Planning Commission Determination I I Precise Development Plan I I Redevelopment Permit , \[/\ ^ite Development Plan I—1 /hj(//'o<fS 5DP^6101(B) I I Special Use Permit ^ • • • • • • Specific Plan Tentative Parool Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTIVIENT USE ONLY) m) 2) 3) ASSESSOR PARCEL NO(S).: PROJECT NAME: - —- - AY/z^y// . . y 4) BRIEF DESCRIPTION OF PROJECT: "b ~5r/K^ 75. ^0 ^ J- fWl^'p (liMj7Ur UjfS-fftCJl 5) OWNER NAME (Print or Type) -jjlnAliK 4 6) APPLICANT NAME (Print or Type) S^tH' Osi^hb MAILING ADDRESS , MAILING ADDRESS ^ CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 5&h Oi'im 6n (i5?)m-4m 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION TRUE AND OORRECT TO THE BEST OF MY KNOWL^E. '/ y^/' J 1 CERTIFY THATV AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE /" DATE SIGN>JCTURE DATE BRIEF LEGAL DESCRIPTION P/J^. .6'^, iTl^p ^ 7f ^ 7) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:^0 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PR^^O 4^0^.M. Form 16 Rev. 04/04 nu n /* A.\ ^ V? n /IPAGE I OF 2 8) LOCATION OF PROJECT: ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) STREET ADDRESS SIDE OF (NAME OF STREET) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 2mx '6 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING NA m 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 5gK Ocoa 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION /Y4 19 m WA 24) 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^f ROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FQ^ THIS PURPC SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED 4' o ^ ^'^ 9 2005 DATE STAMP APPLICATION FfECEIVED RECEIVED BY DATE FEE PAID RECEIPT NO. Form 16 Rev. 04/04 PAGE 2 OF 2 PROJECT DESCRIPTION/FXPLANATION PROJECT NAME: P]lUtM0/l5^ APPLICANT NAME: ^dotf PAfMs - fj/um OmsuuriMfo Afi&l^. Please cjescribe fully the proposed project by .application type. Incluae anv aetails necessary to adequately explain the scope and/or operation of the proDosed proiect You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet Tf necessary. Description/Explanation: fiumM^^r p fi 0i^]/iou%i fiPMio See {0101(6]) fi/^o CfP (0109-6) f\m ff fVw ci/F fifi ft City of Carlsbacj Planning Department DISCLOSURE STATE.ME.VT I .^ppiicaTit's siaicmcnt or disclosure of certain owTicrship mtcrcsi* or, all applicanon.« w n-.cr. w.li reouirc 1 discreiionan actior. on the pan ofthe Cir>' Council or.anv appointed Board. Comnnission or Cor!-:Tri::-.t-c Tne loUowmg informauon MUST be disclosed ai the time of appiication submina'. ^'our proiec; >:2r.r,iv. be reviewed until this mformaiion is compicicd. Please pnni. Note: Person is dcfujcd as -Any individual, fmn. co-parmcTship, joint venture, associarion. social club, traiemal organization, corporation, estate, trust, receiver, syndicate, in this and any other counr\-, cit> and counr>. cm mumcipahr\'. distnct or other political subdivision or anv other group or combination acting as a unu." Agents may sign this document; however, the legal name and entity of the applicant snd properry o-wncr must be provided below. 1. APPLICANT (Nol thc applicant's agent) Provide the COMPLETE. LEGAL names and addresses of .ALL persons having a financial interest m the appiication. If the applicant includes a corporanon or parmership. include thc names, title, addresses of all individuals owning more than 10% of thc shiarcs. IF NO rNT)IVIDUALS OWN MORE THAN ]0% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-ou-ncd corporation, include thc names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary Person Title Address Address// ^S/^Krw^^tW^ OWNER (Not(^o^2ti^t) ^ J^C^ri/^^gUA^ Provide thc COMPLETE. LEGAL names and addresses of .\LL persons having any ownership interest in the property involved. .Also, provide thc nature of thc legal Ownership (i.e, parmership, tenants in common, non-profit, corporation, etc.). If thc ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of thc corporate officers. (A separate page may be attach^ i^ncc«;^sary.j Person >fL/ Address //i5^0^^'^ Corp/Pai . Title ^^7yy^L£A<y<^ ^'i^^Address /MML^^"^ c^Z-EUt SO 80 -Jew p. 1 Mar 08 05 11:39p NON-PROFIT ORGAN1Z.ATION OR TRUST If an>' person identified pursuant to (Ij or (21 above is a nonprofn orgsnisatior or names and addresses of ANT person serving as an c!:"i'cer or director of organization or as trustee or bensnciar. ofthe Non ProfiiTrjsi Non ProraTrwS-._ . Title Tide .Address ,A.ddrcss_ Have you had more than S250 worth of business rransacicd with any member oi" Cir> st:if; Boards. Commissions^JZomminees andor Council within thc past rvvcive (12) months'.' • Yes No Ifyes, please indicate'person(5):. NOTE: Attach additional sheets if necessary. 1 cenif\- that ajjjhe above information is true and correct to the best of my knowledge. Signature of applicant/date Pnnt or type name of owTicr ^ ^nir> J /A Pnn^ °^ Typ^ name of applicant /iSCErrr S/^T/^^^t C^^*^ Signature of owner/applicant s aemt if,a^icable/date Prim or type name of owner/applicant's agent Dean S, Benjamin Ascent Realty Advisors 1185 Avenue ofthe Americas New York, New York 10036 John Porges Ascent Realty Advisors 1185 Avenue of the Americas New York, New York 10036 Richard J. Lund Biltmore Holdings LLC 8474 Hartford Drive Suite 201 Scottsdale, Az 85255 Thomas A. Smith Biltmore Holdings LLC PO Box 675914 7807 Muirfield Way Rancho Santa Fe, Ca 92067 Lannie Allie C/O CB Richard Ellis Carlsbad, CA Roger Carlson C/O CB Richard Ellis Carlsbad CA ^ "°' d^E : T I SO 80 -Jew GEOCON INCOBPOBATBD GEOTECHNICAL CONSULTANTS Project No. 06480-32-02 October 8, 2004 Biltmore Holdings 8475 East Hartford Drive, Suite 201 " Scottsdale, Arizona 85255 Attention: Mr. Thomas Smith Subject: BILTMORE PACIFICA CARLSBAD, CALIFORNIA UPDATE GEOTECHNICAL RECOMMENDATIONS References: L Geotechnical Investigation, Pacifica Carlsbad, Carlsbad, Ca/i/omia, prepared by Geocon Incorporated, February 7,2001 (Project No. 06480-32-01). 2. Site Plan, Biltmore Pacifica, Laurel Tree Lane, Carlsbad, Califomia, prepared by Smith Consulting Architects, August 18, 2004 (Job No. 04204). Dear Mr, Smith: In accordance with our telephone conversation on October 7, 2004, presented herein are updated geotechnical recommendations for the subject project. It is our understanding that the proposed construction consists of a 2 to 3 story commercial building with associated parking and peripheral improvements. The recommendations presented in the referenced report remain applicable except where superceded herein. The revised foundation recommendations presented herein are based on the following conditions: • The building footprint will be surcharged with approximately 8 feet of soil for approximately 4 to 8 months, or imtil primary consolidation ofthe alluvial soils is achieved. • The finish grades will be similar to the existing grades. • The undocumented fills beneath the proposed structure will be removed and replaced as compacted fill. Based on the above conditions, the following foundation design is recommended for the proposed building: Foundations 1. The proposed structure may be supported on conventional continuous and/or isolated spread footings. The following foundation recommendations are considered appropriate for 6960 Flanders Drive • San Diego, California 92121-2974 • Telephone (858| 558-6900 • Fax (858) S5&6159 2- to 3-story structures with the asstmiption that the soil conditions within 4 feet of finish pad subgrade consist of "medium" expansive soil (Expansion Index no greater than 90). 2. Continuous footings should be at least 12 iuches wide and should extend at least 24 inches below lowest adjacent pad grade. Isolated spread footings should be at least 24 inches wide and should extend at least 24 inches below lowest adjacent pad grade. Steel reinforcement for continuous footings should consist of at least four No. 5 steel-reinforcing bars placed horizontally in the footings; two near the top and two near the bottom. The steel reinforcement for spread footings should be designed by the project structural engineer. 3. The recommended allowable bearing capacity for foundations bearing in compacted fill is 2,000 pounds per square foot (psf). This allowable soil bearing pressure may be increased by an additional 500 psf for each additional foot of depth and 300 psf for each additional foot of width, to a maximum bearing capacity of 3,500 psf. 4. The minimum foimdation dimensions and steel reinforcement recommendations presented above are for soil characteristics only and are not intended to replace reinforcement required for structural considerations. Actual reinforcement of the foundations should be designed by the project structural engineer. 5. The allowable bearing pressures recommended for continuous strip footings and isolated spread footings may be increased by up to one-third for transient loads due to wind or seismic forces. 6. Static settlement of the building foimded on properly compacted fill is expected to be less than 1-inch. Differential static settlement is expected to be less than 14- inch. 7. Foimdation excavations should be observed by a representative of Geocon Incorporated prior to the placement of reinforcing steel or concrete to determine whether the exposed soil conditions are consistent with those anticipated. If unanticipated soil conditions are encountered, foundation modifications may be required. 8. No special subgrade presaturation is deemed necessary prior to placing concrete; however, the exposed foundation and slab subgrade soils should be moistened to maintain a moist condition as would be expected in any such concrete placement. Concrete Siabs-on-Grade 1. Interior concrete slabs-on-grade for the proposed building should be at least 5 inches thick. Point loads or line loads should be considered during structural design of the slabs-on- grade. Minimum slab reinforcement should consist of No. 4 steel reinforcing bars placed 18 inches on center in both horizontal directions and positioned within the upper one-third of the slab. The concrete slabs-on-grade should be underlain by at least 4 inches of clean sand (Sand Equivalent of at least 30) and, where moisture-sensitive floor coverings are Project No. 06480-32-02 - 2 - October 8,2004 planned, a visqueen moisture barrier placed at the midpoint of the sand ciishion should be provided. 2. Crack-control joints should be spaced at intervals no greater than 12 feet and should be constructed using sawcuts or other methods as soon as practical following concrete placement. Crack-control joints should extend a minimum depth of one-fourth of the slab thickness. Construction joints should be designed by the project structural engineer. Site Drainage Establishing proper drainage is imperative to reduce the potential for differential soil movement, erosion, and substarface seepage. Positive measures should be taken to properly finish grade the building pad after structures and other unprovements are in place, so that water draining firom lhe building pad and adjacent properties is directed to streets and away fi-om foundations and tops of slopes. Experience has shown that even with these provisions, a shallow groundwater or substirface condition can and may develop in areas where no such condition existed prior to site development. This is particularly true where a substantial increase in surface water infiltration results fi-om an increase in landscape irrigation. Foundation and Grading Pian Review Geocon Incorporated should review the grading plans and foimdation plans for the project prior to final design submittal to determine whether additional analysis and/or recommendations are reqtiired. LilVIITATiONS AND UNIFORIVIiTY OF CONDITIONS 1, The recommendations of this report pertain only to the site investigated and are based upon the assumption that the soil conditions do not deviate fi-om those disclosed in the investigation. If any variations or imdesirable conditions are encountered during construction, or if the proposed construction will dififer fi-om that anticipated herein, Geocon Incorporated should be notified so that supplemental recommendations can be given. The evaluation or identification of the potential presence of hazardous materials was not part of the scope of services provided by Geocon Incorporated. 2. This report is issued with the understanding that it is the responsibility of the owner or his representative to ensure that the infonnation and recommendations contained herein are brought to the attention of the architect and engineer for the project and incorporated into the Project No. 06480-32-02 -3- October 8,2004 plans, and that the necessary steps are taken to see that the contractor and subcontractors carry out such recommendations in the field. 3. The findings of tins report are valid as of the present date. However, changes in fhe conditions of a property can occur with the passage of time, whether they be due to natural processes or the works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur, whether they result from legislation or the broadraiing of knowledge. Accordingly, the fmdings of this report may be invalidated wholly or partially by changes outside our control. Therefore, this rieport is subject to review and should not be relied upon after a period of three years. Should you have any questions regarding this correspondence, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON INCORPORATED Trevor E. Myers RCE 63773 TEM:DBE:anh (6/del) Addressee David B. Evans CEG 1860 Project No. 06480-32-02 •4-October 8,2004 Geocon Fax \Date October 8,2004 TO: Mr. Thomas Smith Biltmore Holdings I Number of pages including cover sheet Phone Fax Phone 858.759.9055 I CC: FROM: Phone Fax Phone Trevor E. Myers Geocon Incorporated 6960 Flanders Drive San Diego CA 92121-2974 858.558.6900 858.558.6159 REMARKS: • Urgent For your review • Reply ASAP O Please Comment Subject: BILTMORE PACIFICA CARLSBAD, CALIFORNIA UPDATE GEOTECHNICAL RECOMMENDATIONS Reference: Project No. 06480-32-02 Message: A copy of the subject document is transmitted herewith. If you have any questions, please contact our office. • ^ n W E F"^ ' iU M MAR - 8 2005 j:^ • , CHICAGO TITLE COMPANY -^^.i,iH>nf)a.|TiK)q- I ARCHITECTS PRELIMINARY" REPORT SECOND AMENDED Dated as of; September 27, 2004 at 7:30 AM Reference: PALOMAR AIRPORT RD/AVIARA Order No.: 43030621 - U16 CHICAGO TITLE COMPANY hereby reports that It is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Ptease read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACIUTATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE. A BINDER OR COMMITMENT SHOULD BE REQUESTED The form of policy of title insurance contemplated by this report is: CALIFORNIA UVND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westerndivision.ctt.com Title Department: CHICAGO TITLE COMPANY 925 "B" STREET SANDIEGO, CA92101 (619)544-6341 fax: (619)544-6275 ® Rosie Sierra TITLE OFFICER FFP •08/'05/99bk T •ol des : T I SO 80 JBH SCHEDULE A Order No: 43030621 U16 Your Ref: PALOMAR AIRPORT RD/AVIARA 1. Thc estate or inlercsl in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: NORDAHL CENTER PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: (APN: 212-040-25) THAT PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AND DESIGNATED AS DESCRIPTION NO. 3, 76.01 ACRES ON RECORD OF SITRVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COtJNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OP SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. 823, PILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING SOUTHERLY OF THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1534 AS SHOWN ON SAID RECORD OF StIRVEY MAP NO. 5715, (NOW KNOWN AS PALOMAR AIRPORT ROAD) AND LYING WESTERLY OF A STRAIGHT LINE DRAWN NORTHERLY FROM THE MOST NORTHERLY CORNER OF "DESCRIPTION NO. 5" OF SAID RECORD OF SURVEY MAP NO. 5715 TO A POINT ON THE CENTER LINE OF SAID ROAD SURVEY NO. 1534, DISTANT THEREON NORTH 78° 54' 09" WEST, 110.74 FEET FROM THE WESTERLY TERMINUS OF THAT 1200.00 FOOT RADIUS CURVE IN THE CENTER LINE OF SAID ROAD SURVEY NO. 1534 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715. 2"°' deSUT so 80 jew SCHEDULE B Page 1 Order No: 43 030621 U16 Your Ref: PALOMAR AIRPORT RD/AVIARA Al the date hereof exceptions to coverage in addition to the printed Exceptions and Exclu.sion.s in thc policy form designated on the face page of this Report would be as folkiws; 4 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2004-2005 THAT ARE A LIEN NOT YET DUE. il 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OP CALIFORNIA. r 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: SAN DIEGO COUNTY PUBLIC ROAD OCTOBER 5, 1899 IN BOOK 280, PAGE 292 OF DEEDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS AUGUST 14, 1957 IN BOOK 6706, PAGE 514, OFFICIAL R THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PtJRPOSE: RECORDED: AFFECTS: COtTNTY OF SAN DIEGO PUBLIC ROAD FEBRUARY 16, 1960 AS FILE NO. 31696, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. J €. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: THE COUNTY OF SAN DIEGO EASEMENT FOR COUNTY HIGHWAY (ROAD SURVEY 1534) AUGUST 16, 1960 AS FILE NO. 165716, OFFICIAL RECORDS PHEB -lO/ai/STbH OIBS s T T SO 80 -Jew SCHEDULE B P^g^ 2 (continued) Order No: 43030621 U16 Your Rcf: PALOMAR AIRPORT RD/AVIARA AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW MAP NO. PURPOSE AFFECTS RECORD OF SURVEY MAP NO. 5715 ROADWAY AND UTILITY PURPOSES WESTERLY 30 FEET OF SAID LAND 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: TITLE INSURANCE AND TRUST COMPANY PURPOSE: ROAD AND UTILITY RECORDED: FEBRUARY 2, 1961 AS FILE NO. 19367, OFFICIAL RECORDS AFFECTS: THE ROXTTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: SEWER AND ACCESS RECORDED: MAY 11, 1982 AS FILE NO. 82-139472, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FtTLLY DESCRIBED IN SAID DOCUMENT. 10. AN EASEMENT FOR HIGHWAY PURPOSES AS TAKEN BY THE CITY OF CARLSBAD SUPERIOR COURT #N41292 RECORDED SEPTEMBER 14, 1990 AS FILE NO. 90-504662, OFFICIAL RECORDS. SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 11 . DRAINAGE CHANNEL AND ALL STRUCTURES INCIDENTAL THERETO AS TAKEN BY THE CITY OF CARLSBAD SUPERIOR COURT CASE #N41292 RECORDED SEPTEMBER 14, 1990 AS FILE NO. 90-504662, OFFICIAL RECORDS. 12. AN EASEMENT FOR OPEN SPACE TOGETHER WITH THE RIGHT TO ENTER AS TAKEN BY THE CITY OP CARLSBAD SUPERIOR COURT CASE N4192 RECORDED SEPTEMBER 14, 1990 AS FILE NO. 90-504662, OFFICIAL RECORDS. RESTRICTIONS ON THE USE. BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA PHeUMeC-S/23/S3bk ^ '^ =l8S:Tl SO 80 JBU SCHEDULE B f^se 3 (continued) Order Nu: 43030621 U16 Your Rcf: PALOMAR AIRPORT RD/AVIARA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. 13. NOTICE OF SPECIAL TAX LIEN OF THE CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, State of California RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959, OFFICIAL RECORDS. 14. AMENDED DIAGRAM OF ASSESSMENT DISTRICT NO. 86-1 RECORDED JULY 30, 1992 AS FILE NO. 1992-0475545, OFFICIAL RECORDS. 15. A CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE Mm THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY, WAS RECORDED JULY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICITLARS. 16. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $3,000,000.00 DATED: DECEMBER 16, 2002 TRUSTOR: NORDAHL CENTER PARTNERS, LP, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: BEVERLY INSURNACE COMPANY LIMITED, A BRITISH VIRGIN ISLANDS CORPORATION RECORDED: DECEMBER 24, 2002 AS FILE NO. 2002-1179236 OF OFFICIAL RECORDS. 17. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. 18. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. END OFSCHEDULE B NOTE NO. 1: THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF THE WOKDAHL CENTER PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR: 2003-2004 1ST INSTALLMENT; $21,3 96.19 Pf<eUMBC-e/23/S3bK S *d OIGS : t T Qn on Page 4 Order No: 43030621 U16 SCHEDULE B (continued) Your Rcf: PALOKIAR AIRPORT RD/AVI.ARA 2ND INSTALLMENT: EXEMPTION: CODE AREA: ASSESSMENT NO: $21,396.19 $NONE 09104 212-040-25 NOTE NO. 3: SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2003 2004, ASSESS PITRSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1ST INSTALLMENT: 2ND INSTALLMENT: CODE AREA: ASSESSMENT NO.: MLM lAMND/YA 2AMEND/CT $5,612.19 (PAID) $5,612.19 (PAID^ 09104 829-252-46-22 PReUMeC.9/23/93bl< 9 • d des : T I SO BO -Jeu CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacv Statement July 1,2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explar^tion. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our intemet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom vi^e enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PBIVACVT- 10/21/03AA i^''^ OIGS : 11 Qn Rn JBLI Q tl d i» a; o Kj •. M I b (B rt-•• o B i? to » «l o h to Ol It o Hi 09 •s33NVNiayo ONionine ao NoisiAiaans ivooi HUM Aidwoo ^oN AVW snaoayd NMOHS VIVO 3HI do Aovanaov 3HI aod oawnssv si '^^""^n ON AiNO sasodand aoNaaadaa aod oasn aa annoHs dviAi SIHI li DETAIL y " /j? NO SCALE 212-04 SHT 1 OF 2 1 =+00' a/i«nn<nRMM jdL-ELipgatllEgi 1 PTJrfiTffH W Tin HEBiifitanoi KB II U at M «l» S7 H 11 sa tt 10007 B w H 11 wt MW tf ISU 41 totd U) Kja «1 PS s m IM 4thSi <l-« w »S> M t>C JJ 01 1 w SI HO u 02 4>M M <S an D 47S1 SUSS K7-70 M im r OPEN SPACE ESUT PAR 3 S.75 AC PER PM 1a207 3* PARS 0.75 AC PCR FM 19»7 4'NO Access 5'1RAIL6SMT 3 tl) -> O GO O Ul Ul CO "0 SII tlllV UWTT USESSBI'S NIP II Zll PG 01 . In I IF t MAP 823 - RIO AGUA HEDIONDA - POR LOT G ROS 5715.8846,U466.15061,17412 TJ 00 Mar 08 05 11:59p p.9 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-32) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The lollowing mailers are expressly excluded Irom the coverage ol Ihis policy and lhe Company will not pay loss or damage, costs, attorneys' lees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmetilal regulation (including bul not limited to building and zoning laws, ordinances, or regulations) restrlcling, regulating, prohibiting or relating to 0) the occupancy, use, or enjoyment ol itte land; (il) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separaiion in ownership or a change in the dimensions or area ol the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice ol a delect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power hot excluded by (a) above, except lo the extent Ihat a notice of Ihe exercise thereol or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records al Dais of Policy, 2. Rights ol eminent domain unless notice of the exercise thereol has been recorded in the public records al Date ol Policy, but no\ excluding Irom coverage any laking which has occurred prior to Dale ol Policy which would be binding on the rights of a purchaser lor value without Knowledge. 3. Delects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, nol recorded in the public records al Date ol Policy, but known lo the insured claimant and not disclosed in writing to the Company by Ihe insured claimant prior lo the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage lo the insured claimant; (d) attaching or created subsequent to Dale of Policy; or (e) resulting in loss or damage which would nol have been sustained if the insured claimani had paid value for the estate or interest insured by this policy Any claim, which arises oul of the transaction vesting in the Insured the estate or Interest insured by this policy, by reason ol Ihe operation of federal bankruptcy, stale insolvency, or similar creditors' rights laws, that is based on; (i) lhe transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transler; or (ii) the Iransaclion creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transler; or (b) of such recordation to imparl notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued lo afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does nol insure against loss or damage (and the Company will nol pay costs, attorneys' lees or expenses) wNch arise by reason ol: 1. Taxes or assessments which are nol shown as existing liens by the records of any taxing authority thai levies laxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any lacls, rights, interests or claims which are not shown by the public records bul which could be ascertained by an inspection ofthe land or by making inquiry ol persons in possession thereof. 3. Easements, liens or cncumbi'ar>ces, or claims thereof, which are nol shown by Ihe public records. 4. Discrepancies, conflfcts in tioundary lines, shortage in area, encroachments, or any other lacls which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereol; (c) water rights, claims or title lo water, whether or nol the matters excepted under (a), (b) or (c) are shown by the public records. CITY OF CARLSBAD APPLICATION FORM FOR PRELIMINARY REVIEW APPLICATION CITY DSK ONLY Project Number: PROJECT NAME: Biltmore Pacifica Assessors Parcel Number(s): 212*040-25 OWNER NAME (Print or Type) APPLICANT NAME (Print or Type) Biltmore Holdings Smith Consulting Architects - Scott Cairns MAILING ADDRESS 8475 E. Hartford Drive, Sitite 2Q1 MAILING ADDRESS 12220 El Camino Real, Suite 200 CITY AND STATE Scottsdale, AZ ZIP 85255 TELEPHONE 480.505.9363 CITY AND STATE ZIP San Diego, CA 92130 TELEPHONE 858.793.4777 *Owner's «igDarure indicates pi uct a preliminary review for a development proposal. ^ DESCRIPTION OF PROPOSAL (AD^D ATTACHMENT IF NECESSARY): Construction of a 3-story combination Health Club (35,000 s.f.) 1st fir. and Office Bldg. (50,000 s.f.) on 8.49 developable acre site on Palomar Airport Road at Laural Tree Lane. This project is anticipated to be a top quality concrete tilt-up building with 411 on grade parking spaces. WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ ENGINEER? YES [•] NO • PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. Van Lynch processed the previous Pacifica application, but we have not spoken with anyone;regardinc this proposal. FOR CITY USE ONLY FEE REQUIRED/DATE FEE PAID RECEIPT NO.: RECEIVED BY: /L^ Routing: Plarming Engineering Fire Other_ Form 15 Rev. 04/04 Page 3 of 3 PRELIMINARY REVIEW CHECKLIST Staff would like to know what information you primarilv want from this review. With this known, we can focus most of our attention on researching and answering your main questions(s). Please check the one or two boxes below which best describes the information you would like us to concentrate on, and/or check the box marked "other" and tell us in your own words what information you would like from us. I I SITE DESIGN; Focus is on reviewing issues such as development standards (setbacks, building height, etc.), hillside compliance, landscaping, signage, open space requirements, and other physical aspects of zoning. Plans adequately illustrating these features are needed for review. I I LAND USE: Focus is on determining the compatibility of the proposed land use with the existing general plan and zoning designations, determining whether staff could support a general plan amendment or zone change, and determining compatibility of the proposed land use with surrounding land uses. I I ARCHITECTURE: Focus is on establishing quality architecture and checking its compatibility with the surrounding area and against any applicable guidelines or plans. Building elevations or other architectural information are needed for review. ZONING INTERPRETATIONS: Focus is on interpreting any aspects ofthe zoning ordinance. ENGINEERING STANDARDS: Focus is on reviewing all engineering-related issues, such as grading, drainage. Best Management Practices for Storm Water Pollution Control, circulation and traffic, street vacations, easements, subdivisions, etc. OTHER: In the space below, please list any other issues you would like us to review. 1. This site was reviewed and approved previously for a 120,000 s.f. office building under SDP 01-01, PIP 01-02, CDP 01-02 for Pacifica Enterprises. Can we assume that if we adhere to the same guidelines for the raparian setback and bio swale locations in those setbacks, that the City will honor the previous approvals in review of this project? 2. If we honor the conditions of the joint approved mitigation plan with JRMC, will we be processed as a mitigated negitive declaration? 3. We are assumming that the City will require treatment of the water coming from under Palomar Airport Road as previously requested. Is this correct? 4. Will the City condition the appoval on relinquishment of access from Palomar Airport Road as previously requested? 5. We have indicated 35,000 s.f. of Health Club space on the first floor, with a parking ratio of 5 spaces/1000 s.f., is this the correct ratio? What trip generation (ADT) rate should we use for this space? Form 15 Rev. 04/04 Page 2 of 3 city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 0 08 Applicant: CAIRNS SCOTT Description PRE04051 Amount 530. 00 Receipt Number: R0044593 Transaction Date: 08/19/2004 Pay Type Method Description Amount Payment Check 6597 530.00 Transaction Amount: 530.00 9328 08/19/04 0002 01 02 CGF" 530.00 FILE COPY City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION May 10, 2005 Smith Consulting Architects Ste 200 12220 El Camino Real San Diego CA 92130 SUBJECT: SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 - BILTOMORE (PACIFICA PALOMAR OFFICE BUILDING) At the Planning Commission meeting of May 4, 2005, your application was considered. The Commission voted 4-0 to APPROVE your request. The decision of the Planning Commission became final on May 4, 2005. The time within which judicial review of this decision must be sought is govemed 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 attomey of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Assistant Planning Director, Don Neu, Secretary of the Plaiming Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, DON NEU Assistant Planning Director DN:VL:aw Enclosed: Planning Commission Resolution No. 5881, 5882, 5883 C: Ascent Biltmore Carlsbad LLC #201 8475 E Hartford Dr Scottsdale AZ 85255 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ FILE COPY City of Carlsbad Planning Departnnent NOTICE OF PUBLIC HEARING COMPLETE DATE: May 4, 2005 DESCRIPTION: Request for a Site Development Plan Amendment and Coastal Development Permit Amendment to reduce the size of a previously approved 120,000 square foot, three story office building to 85,000 square feet and a Conditional Use Permit to allow a fitness facility on a 15.69 acre site. LOCATION: This project is within the City of Carlsbad's Coastal Zone at: the south side of Palomar Airport Road and east of Aviara Parkway in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 5. ASSESSOR'S PARCEL NUMBER: 212-040-25-00 APPLICANT: Smith Consulting Architects Ste 200 12220 El Camino Real San Diego CA 92130 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on May 4, 2005, at 6:00 p.m. Persons 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. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 or after April 27, 2005. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4613. APPEALS If you challenge the Site Development Plan Amendment and Coastal Development Permit Amendment 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 prior to the public hearing. 1. Appeals to the Citv 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. 2. Coastal Commission Appealable Project: 1^ This site is located within the Coastal Zone Appealable Area. I I This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 CASE NAME: BILTMORE (PACIFICA PALOMAR OFFICE BUILDING) PUBLISH: APRIL 22, 2005 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ SITE BILTMORE SDP 01-01(B)/CDP 01-02(B)/CUP 04-05 ASCENT-BILTMORE CARLSBAD LLC 8475 E HARTFORD DR 201 SCOTTSDALE, AZ 85255-5477 CARLSBAD LAUREL TREE APARTMEt 22 W 35TH ST 100 NATIONAL CITY/ CA 91950-7926 MARBRISA MAINTENANCE CORP 5083 AVENIDA ENCINAS 101 CARLSBAD, CA 92008-4363 GREYSTONE HOMES INC 5780 FLEET ST 300 CARLSBAD, CA 92008-4714 KELLYJRM-PALOMAR AIRPORT ROAt 1040 S ANDREASEN DR 200 ESCONDIDO, CA 92029-1951 DORIS ELGHANAYAN 2180 GARNET AVE lA SAN DIEGO, CA 92109-3674 M H P P INC 5414 OBERLIN DR 140 SAN DIEGO, CA 92121-474' PROGRAM BCS 1303 AVOCADO AVE NEWPORT BEACH, CA 92660-7802 Printed *** 0\ P9U« '* n\euB\S *** 2 Printed *** CURRENT RESIDENT PALOMAR AIRPORT RD CARLSBAD, CA 92008 CURRENT RESIDENT 1300 LAUREL TREE LN CARLSBAD, CA 92009-1203 City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING ' COMPLETE DATE: May 4, 2005 DESCRIPTION: Request for a Site Development Plan Amendment and Coastal Development Permit Amendment to reduce the size of a previously approved 120,000 square foot, three story office building to 85,000 square feet and a Conditional Use Permit to allow a fitness facility on a 15.69 acre site. LOCATION: This project is within the City of Carlsbad's Coastal Zone at: the south side of Palomar Airport Road and east of Aviara Parkway in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 5. ASSESSOR'S PARCEL NUMBER: 212-040-25-00 APPLICANT: Smith Consulting Architects Ste 200 12220 El Camino Real San Diego CA 92130 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on May 4, 2005, at 6:00 p.m. Persons 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. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies ofthe staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 or after April 27, 2005. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4613. APPEALS If you challenge the Site Development Plan Amendment and Coastal Development Permit Amendment 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 prior to the public hearing. 1. Appeals to the Citv 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. 2. Coastal Commission Appealable Project: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. • Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 CASE NAME: BILTMORE (PACIFICA PALOMAR OFFICE BUILDING) PUBLISH: APRIL 22, 2005 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SITE BILTMORE SDP 01-01(B)/CDP 01-02(B)/CUP 04-05 PROOF OF PUBLIO#i ION (2010 4fe 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is ij^.he County Clerk's Filing Stamp Cartsba* I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteeh^^^^^^:-'l^^^^^^^^ years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Pubhcation 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 Califomia, 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: April 22"'',2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS Califomia —pummommmmsmmmm MOTICC1*^ HFRre'f fSIVFKf tn Vsu J*e«ilM'^OurintBr-' estmavbeaflacted thatilhs PUtfwwtt'ConuniEsion Citv et • nitsbvl «^ tmjl VtWt^ wan i 'he Council Chambers 1200 CaiisbiSVlMbe t}live Carlsbad, Cali-fornia, at 6 00 p in on Wednesday, May 4, 2005, to consider the foUowing ' . . . B1.CUP tf5-D4 T BILT-..lORE (PACIFtCk PkLflMAI) OFFICE BHlEDIWGr^ request tor a tiitfe CMvMOpinpni Kian Amenament and Crasta' Development Pemiil Amendment to ^reduce t)he size ot a previously approved 12(XO00 square foot, three storv office building to 85,000 square feet and a Condi-tional Use Permit to allow a titness taolity «n a 15.69 acre site located adjacent and on the «oiitfT! Side of Pal-omar Airport Road and. ea6*>,of .Awia«. Partway in flie Mello n Segment of the Local CoastalEwgram and in Local Facilifies Management Zorie.5. On November 6, 2001, tlie City-Council adopted Cjty Council Resolution No. 2001^34 adopting a Mitigated Neaatlva Declaration. Addendum,: and 'Mitigation Moni-tonng and Reporting Program for the project. This pipject is located within the appeal area and the de-cision tnay be afroealed to Ibe California-Coastal Commission. ' •'' *' V Copies the "'-lies of the environmental dacUMoiMs^ie ^available at ,..v Planning OepartmsiA at INS Fjicadav Avenue dur-ing ,fegularl3usinass homs Iwm 7^B.am to •^•30 pm Monday through Thursday aod a W am lo 5:00 pm rnday.'..:•::••••}•; rThpsepersons wishing to speak on these proposals are cprdia fy invited lo attend the public heaniw Copies of lUie staff.reports will be available online «l*t-toy/www,pcartebad.ra on and after Apn 27^ 2005. If you iiav^ any tm^fons, please call the Planning OBpai*n^Tflt7605 602-4600, i---i^-:>":;:::^:^^%V---^u>;r terry OF CARLSBAD s" ' PtANNING DEPARTMENT NpTI 787200'Apnl 22,2005 ' M This 22"*^ Day of April, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising Use Code ^ 4 . . ^ YrBIt Units SaFt SaleAmt Phone SaleDt 1 Parcel: 212-040-25 Privacy: Owner: ASCENT-BILTMORE CARLSBAD LLC VACANT LAND-INDUSTRIAL 7 Site: PALOMAR AIRPORT R^CARLSBAD CA Mail: 8475 E HARTFORD DR 201*SCOTTSDALE AZ $4,500,OOOF 85255 10/19/2004 2 Parcel: 212-040-26 Owner: ELGHANAYAN, DORIS VACANT LAND-INDUSTRIAL 7 Privacy: Site: PALOMAR AIRPORT RD*CARLSBAD CA Mail: 2180 GARNET AVE IA*SAN DIEGO CA 1 $175,OOOF 92008 92109 02/05/2002 3 Parcel: 212-040-50 Owner: BCS, PROGRAM L VACANT IRR FARM(WATER Privacy: Site: LAUREL TREE RD*CARLSBAD CA Mail: 1303 AVOCADO AVE*NEWPORT BEACH CA 92660 12/27/1971 4 Parcel: 212-040-59 Privacy: Site: Owner: CARLSBAD LAUREL TREE APARTMENTS Mail: MULTIPLE 61 UNITS AND UP 4 138 1300 LAUREL TREE LN*CARLSBAD CA 22 W 35TH ST 100*NATIONAL CITY CA 92009 91950 06/25/1998 5 Parcel: 212-040-64 Owner: KELLYJRM-PALOMAR VACANT COMMERCIAL Privacy: AIRPORT ROAD I 7 Site: PALOMAR AIRPORT RD*CARLSBAD CA Mail: 1040 s ANDREASEN DR 200*ESCONDIDO CA 92029 01/17/2001 6 Parcel: 212-041-28 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: ROCKEFELLER RD*CARLSBAD Mail: CA 12/15/1994 7 Parcel: 212-041-29 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: HAMMER CT*CARLSBAD CA Mail: 12/15/1994 8 Parcel: 212-041-30 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: HAMMER CT*CARLSBAD CA Mail: 12/15/1994 j 9 Parcel: 212-041-31 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: HAMMER CT*CARLSBAD CA Mail: 12/15/1994 10 Parcel: 212-041-32 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: ROCKEFELLER RD*CARLSBAD Mail: CA 12/15/1994 11 Parcel: 212-041-33 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: ROCKEFELLER RD*CARLSBAD Mail: CA 12/15/1994 12 Parcel: 212-041-34 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: ROCKEFELLER RD*CARLSBAD Mail: CA 12/15/1994 13 Parcel: 212-041-35 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: ROCKEFELLER RD*CARLSBAD Mail: CA 12/15/1994 14 Parcel: 212-082-04 Owner: CITY OF CARLSBAD VACANT' LAND-INDUSTRIAL 00 Privacy: 1 Site: OTIS CT*CARLSBAD CA Mail: $17,500,OOOF 07/18/1985 15 Parcel: 212-O82-05 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: OTIS CT*CARLSBAD CA Mail: $17,500,OOOF 07/18/1985 Copyright DataQuick Infbnnation Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Fanns - 3 Une Use Code . .. ^ YrBIt Units SaFt SaleAmt Phone SaleDt 16 Parcel: 212-082-06 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL \ 00 Privacy: Site: OTIS CT*CARLSBAD of Mail: $17,500,OOOF 07/18/1985 17 Parcel: 212-O82-07 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: OTIS CT*CARLSBAD CA Mail: $17,500,OOOF 07/18/1985 18 Parcel: 212-082-09 Owner: CITY OF CARLSBAD VACANT LAND-INDUSTRIAL 00 Privacy: Site: CARRIER AVE*CARLSBAD CA Mail: $17,500,OOOF 07/18/1985 19 Parcel: 212-110-O6 Owner: M H p p INC VACANT LAND-INDUSTRIAL 7 Privacy: Site: w PALOMAR OAKS WAY* CARLS BAD CA Mail: 5414 OBERLIN DR 140*SAN DIEGO CA $535,OOOP 92121 05/19/1989 20 Parcel: 212-110-07 Owner: M H p p INC VACANT LAND-INDUSTRIAL 7 Privacy: Site: w PALOMAR OAKS WAY* CARLSBAD CA Mail: 5414 OBERLIN DR 140*SAN DIEGO CA $535,OOOP 92121 05/19/1989 21 Parcel: 212-190-59 Privacy: Owner: MARBRISA MAINTENANCE CORP OPEN SPACE EASEMENT 1 Site: SAPPHIRE DR*CARLSBAD CA Mail: 5083 AVENIDA ENCINAS IOI*CARLSBAD CA 92008 06/18/1998 22 Parcel: 212-192-01 Owner: GREYSTONE HOMES INC OPEN SPACE EASEMENT 1 Privacy: Site: * CARLSBAD CA Mail: 5780 FLEET ST 300*CARLSBAD CA 92008 11/07/1996 Copyright DataQuick Information Systems 1998-2000. The above information Is sourced from public information and is not guaranteed. Famjs - 3 Line too *** 2 Printed *^ CURRENT RESIDENT PALOMAR AIRPORT RD CARLSBAD, CA 92008 CURRENT RESIDENT 1300 LAUREL TREE LN CARLSBAD, CA 92009-1203 ASCENT-BILTMORE CARLSBAD LLC 8475 E HARTFORD DR 201 SCOTTSDALE, AZ 85255-5477 CARLSBAD LAUREL TREE APARTMEt 22 W 35TH ST 100 NATIONAL CITY, CA 91950-7926 MARBRISA MAINTENANCE CORP 5083 AVENIDA ENCINAS 101 CARLSBAD, CA 92008-4363 GREYSTONE HOMES INC 5780 FLEET ST 300 CARLSBAD, CA 92008-4714 KELLYJRM-PALOMAR AIRPORT ROAI 1040 S ANDREASEN OR 200 ESCONDIDO, CA 92029-1951 DORIS ELGHANAYAN 2180 GARNET AVE lA SAN DIEGO, CA 92109-3674 M H P P INC 5414 OBERLIN DR 140 SAN DIEGO, CA 92121-4744 PROGRAM BCS 1303 AVOCADO AVE NEWPORT BEACH, CA 92660-7802 *** 8 Printed *** ri LH PRO INFORMATION SYSTEMS I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND ASSESSORS 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: 212-040-25 THE REQUESTED RADIUS 6(K) FT. ^ ITLE PRO INFORMATION SYSTEMS I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND ASSESSORS 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: 212-040-25 THE REQUESTED RADIUS 100 F?^ I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 BILTMORE APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: ^f/7A^ RECEIVED BY \J,[jf^JL DATE: i^7-0S^ 09 AS81 '•34'51"E 9.01 3 "0.74 - - . . . DETAIL'B* tsO SCALE DETAIL NO SCALE 212-04 SHT 1 OF 2 1 1*'=400' 1^ 9/18/2003 RMM OLD (cur 33 75 19 IBP fi^ \ &5 /JF? Y<! noo 4^^<1? 1^ /o9f 2^ 97 E2n£4-97 5Z PC 15 B7 P7 48 SB 11D1 39 SB 11C2 iO B8 23 50 ST OP 98 4653 57 3B 22 58 -1B0-S5 98 10007 53 98 76 41 T-\wE * ST OP 99 4^18 464:51 59 B9 1513 41 504:51 00 1630 61 PG 22 00 111 484-55 62-65 00 1957 50 PG 23 01 1 56 SAUF ft ST CP 01 4607 56 SAME k ST CP 02 4754 55.54*62 66 02 2115 634:66 SAME ft ST OP 03 4751 63&65 67-70 04 1115 1* OPEN SPACE ESMT 2* PAR 2 0.75 AC PER PM 19207 3' PAR 3 0.75 AC PER PM 19207 4* NO ACCESS 5* TRAIL ESMT THJS IMP WAS PRB^ARED FOR ASSESSMENT PURPOSES OKILY. NO UABILITY IS ASSUWED FOR TTE ACCURACY OF THF DATA SHOWN. ASSESSORS PARCELS lAVY NOT COWLY WTTH LOCAL SUBDIVISION OR BUILDING ORDINANCES. S4K DtEGO COUKTY ASSESSOR'S M*P BK 212 OH - tHT I OF 2 MAP 823 - RHO AQJA HEDIONDA - POR LOT G - MHSIM ROS 5715,8846,13466,15061,17412 SAN OIEGO COUNTY ASSESSOR'S MAP 212 — 19 SHT 3 OF 3 1" = . 200' 07/30/1998 KJA CHANGES fltA" j PRIOR APN 1 NEW APN YR CUT NO 192 1 Jt 2 1998 22 SAUE k ST OP 1999 4647 2 k ST asD J 1999 I22J 20_ SHT"I MAP 13428-CARLSBAD TCT 84-32 A UNIT 1 COBBLESTONE SEA VILLAGE 212-04 SHT 1 OF 2 3 1"=400' 9/18/2003 RMM HANGES OLD hew YT5(CUT 33 75 S4 19 ^!)] Bi. lap ?f ti-yr ?P no<? '•^'^ /o9/ rr 4«£i ^7 £SX>4- 97 52 PC IB B7 97 4S S8 11D1 39 tl DC S8 1102 30 B8 23 50 ST OP 98 •4553 57 sa i , IP 9a 22 58 -lBD-55 98 10OO7 53 H \\ SHT 1-3 98 76 41 "SAWf ft ST OP 99 4618 46&51 59 99 1513 41 60i51 00 1630 61 PG 22 00 111 464 55 62-65 00 1957 60 PG 23 01 1 56 SAWF ft ST CP 01 4607 56 SAWS; AT ST CP 02 4754 55,5-»fc62 66 02 2115 63466 SAME ft ST OP 03 4751 63&65 67-70 04 1115 rOPEN SPACE ESMT 2* PAR 2 0,75 AC PER PM 19207 3* PAR 3 0.75 AC PER PM 19207 4* NO ACCESS 5* TRAIL ESMT THIS IMP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UABILFPi'IS ASSUMED FOR TFE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS IMY NOT COMPLY WTTH LOCAL SUBDMSION OR BUILDING ORDINANCES S*K DIEGO COUKTY ASSESSOR'S M*f BK 212 P-Q OK ~ tHT i OF 2 MAP 823 - RHO AOJA HEDIONDA - POR LOT G - MMSm ROS 5715,8846,13466.15061,17412 t/i 5 SAN DIEGO COUNTY ASSESSOR'S UAP 212 — 04 SHT 2 OF 2 1" = 400' 8 3 o o 5 I 5i >- cc g •< i —I o -< a. APPROX LOC STEWART RD CJJriANGES YR CUT NO. 5w m s or 05 72 7144 0? 06 THRU 09 78 974 05 RD WID i a A CHC 89 4735 w SAUE * ST WID 89 4791 03 & 04 ST OP Jt 10 t 11 89 2339 06 THRU II 12 THRU 37 92 tl) 05 SAUE i ST WID 92 4394 05 PCR 211-10 1998 2 AG PR = AGRICULTURAL PRESERVE 1* SDG&E TRANSMISSION 2» NO ACCESS MAP 12903-CARLSBAD TCT NO 85-17 09 I I N UNMBD LOT 5^0 OPEN SPACE ESMT. 76 ® 20.2 7 AC REMAINDER OF LOT 76 SHOWN ON SHT. I 379.70 ® PALOMAR OAKS\, WAY 212-08 SHT 2 OF 2 •=200' SAN DtEGO COUNTY ASSESSORS MAP BOOK 212 PAGE 08 SHT. 2 OF 2 lyi^ Wry^^% ^RiPARED FOR ASSESSMENT PURPOSES ONLY. NO UABILITf IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 3/28/2001 RC y CHANGES BLK OLD NEW YR CUT 8^ //s SHT2 MAP 11289-CARLSBAD TCT NO. 81-46 CUNIT N0.3 ) ROS 16781 cn o in o SAN OIEGO COUNTY ASSESSOR'S UAP 212 — 19 SHT 3 OF 3 1" = , 200' 07/30/1998 KJA CMANGES BLX PRIOR APN NEW Am m CUT NO 192 1 i 2 1998 22 2 SAUE Jr ST OP 1999 4647 2 * sr asz? •# 1999 1223 MAP 13428-CARLSBAD TCT 84-32 A UNIT 1 COBBLESTONE SEA VILLAGE J 09 tt 5 8 § o tt o te >- C-J •f- 5 = g tt o tt DETAIL "A" SAN OIEGO COUNTY ASSESSOR'S UAP 212 — 19 SHT 1 OF 3 1" = 100' 07/30/1998 KJA Drown: 10/06/97 By: RJO From: 212-040 CHANGES BLK PRIOR APN NEW APN YR CUT NO 190 / IHRU 54 1998 22 -040-58 55 1998 10007 18. 19. 43. 49 A 54 56 THRU 60 1999 1223 1. REMAINDER OF PAR 117 SHOWN ON PG 19 SHT 2 2« OPEN SPACE MAP 13428-CARLSBAD TCT 84-32 A UNIT 1 MAP 823 -RHO AGUA HEDIONDA-POR LOT COBBLESTONE SEA VILLAGE G-MM514 _J • •=I00' e nr 1 1 \ 4 SH vTilia taL£ plat it aeiicrec to i>e correct, tii€ aoroar.y £6suci«£ no liebilirv for £ loss occurin£_ by reason of reliance tnereon" SAN DIEGO COUNTV ASStSSORS MAP eOOf 2i2 PAGE " MAPPLD FOR ASSESSMENT PURPOSES ONLY ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: SDP 01-CUBVCD? 01-02rBVCUP 05-04 DATE: March 16. 2005 BACKGROUND 1. CASE NAME: Biltmore (Pacifica Palomar Office Building) 2. LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Van Lynch (760) 602-4613 4. PROJECT LOCATION: South side of Palomar Airport Road and east of Aviara Parkway - Carlsbad. San Diego Countv - APN 212-040-25-00 5. PROJECT SPONSOR'S NAME AND ADDRESS: Ascent-Biltmore Carlsbad LLC. 8475 E. Hartford Drive. Suite 201. Scottsdale AZ. 85255 6. GENERAL PLAN DESIGNATION: Planned Industrial (PD 7. ZONING: Planned Industrial (PM) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): None PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A request for a Site Development Plan Amendment, Coastal Development Permit Amendment to reduce the size of the approved 120,000 square foot, three story office building to 85,000 square feet and a Conditional Use Permit to add a 35,000 square foot fitness facility within the 85,000 square foot office building on a 15.69 acre site. The northem developable portion of the site is relatively flat and has been used for agricultural purposes. With the exception of the access way across Encinas Creek, all development will occur on the northerly portion of the site. On-site elevations range from 100 feet to 106 feet in the low-lying area and up to 160 feet above MSL on the southem slope. The majority of the site is disturbed habitat, with native vegetation communities (including southem willow scmb and southem mixed chaparral) existing along the length of the Encinas Creek drainage and on the steep slope along the southem boundary of the parcel. The site has street frontage on Palomar Airport Road. The property to the west is a vacant graded lot planned for industrial uses. The properties to the south and east are Open Space and to the north is Palomar Airport Road, a circulation element roadway. Rev. 07/03/04 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Aesthetics I I Agricultural Resources I I Air Quality I I Biological Resources I I Cultural Resources I I Geology/Soils EH Noise n Hazards/Hazardous Materials D Population and Housing I I Hydrology/Water Quality EH Public Services I I Land Use and Planning I I Mineral Resources I I Mandatory Findings of Significance I I Recreation I I Transportation/Circulation I I Utilities & Service Systems Rev. 07/03/04 DETERMINATION. (To be completed by the Lead Agency) I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I I I find that 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 an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I I fmd that 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. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that 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 NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing fiirther is required. Date * Assistant Planning Director's Signature Date Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impacf' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but aU potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 07/03/02 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II analysis it is not possible to detemiine the level of significance for a potentially adverse effect, or detennine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 07/03/02 Issues (and Supporting Information Sources). AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality ofthe site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially SignificEint Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • m • m II. AGRICULTURAL RESOURCES - (In detemiining whether impacts to agricultural resources are significant enviroimiental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstmct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? • • • • • • • • • • • K • m • m • s • M Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an apphcable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetiands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vemal pool, coastal, etc.) through direct removal, filing, hydrological interraption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? • • • Kl • • • • • • • • • n • • • • • • • • • • • ^ • • • s • M • m • s Rev. 07/03/02 Issues (and Supporting Information Sources). V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • m b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectiy destroy a imique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? • • • S • • • • • M • m VI. GEOLOGY AND SOILS - Would the project: a) Expose people or stractures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defmed in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? • • • • • • • • • • • • • S • • • • • m • • • s Rev. 07/03/02 Issues (and Supporting Information Sources). e) Have soils incapable of adequately supporting the use of septic tanks or aitemative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • m VII. HAZARDS AND HAZARDOUS MATERLVLS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? • • • • • • • K • Kl • m d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? • • • m e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project resuh in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or stractures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? • • • ^ • • • • • • • S • Kl • M VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? • • • m Rev. 07/03/02 Issues (and Supporting Information Sources). b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groxmd water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface ranoff in a manner, which would result in flooding on- or off- site? f) Create or contribute ranoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted ranoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boimdary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area stractures, which would impede or redirect flood flows? j) Expose people or stractures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • • • • • • • • • • • S • • • • • • • m • M • Kl • • • K Kl M Kl Kl • M 10 Rev. 07/03/02 Issues (and Supporting Information Sources). n) Changes to receiving water quality (marine, fresh or wetland waters) during or following constraction? o) Increase in any pollutant to an aheady impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact • • • • • • • Potentially Significant Unless Mitigation Incorporated • • • • • • • • • • • • • • • • • • Less Than Significant No Impact Impact • Kl • S • K • S • S • Kl • Kl • Kl • • • ^ K K 11 Rev. 07/03/02 Issues (and Supporting Information Sources). e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastmcture)? b) Displace substantial numbers of existing housing, necessitating the constraction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the constraction of replacement housing elsewhere? Xm. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemment facilities, a need for new or physically altered govemment facilities, the constraction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XTV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Potentially Unless Less Than Significeint Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • Kl • S • Kl • m • Kl • • • X • • • X • • • X • • • X • • • X • • • X 12 Rev. 07/03/02 Issues (and Supporting Information Sources). b) Does the project include recreational facilities or require the constraction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity ofthe street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting aitemative transportation (e.g., bus tum- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the constraction of new water or wastewater treatment facilities or expansion of existing facilities, the constraction of which would cause significant environmental effects? c) Require or result in the constraction of new storm water drainage facilities or expansion of existing facilities, the constraction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitiements needed? Potentially Significant Impact Potentially Significemt Unless Mitigation Incorporated • • Less Than Significant No Impact Impact • M • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • m 13 Rev. 07/03/02 Issues (and Supporting Information Sources). e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • m • ^ • m • • • s • • • Kl • Kl XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to apphcable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION The original industrial/office development was approved for 120,000 square feet of office development. The proposed project revision to 85,000 square feet results in an overall project total reduction of 35,000 square feet. Developed within the 85,000 square foot office building will be a 35,000 square foot fitness facility. The addition of a fitness facility would not add any impacts to the project not already identified. The resultant reduction in square footage results in fewer impacts related to traffic, air quality, noise, water ranoff, and utilities and service systems than analyzed with the original project approval. All mitigation measures of the previously approved Mitigated Negative Declaration remain adequate to address the impacts of this project since they are below the overall buildout assumption for the project. The project does not require revisions to the previous Mitigated Negative Declaration as there are no new environmental effects or substantial increase in the severity of previously identified significant effect. Please refer to the original Mitigated Negative Declaration for a fiiU discussion ofthe environmental impacts and mitigation measures. On November 6, 2001, the City Council adopted City Council Resolution No. 2001-334 adopting the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program for the project. Staff has reviewed the amendment request and the Planning Director has determined that; the project is still in compliance, and within the scope of, the prior environmental documents, dated June 17, 1998. AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project is being reduced in size from 120,000 square feet of office development to 85,000 square feet of office development, of which 35,000 would be a fitness facility, which will reduce the air quality impacts related to the constraction and traffic generated by the proposed uses. BIOLOGICAL RESOURCES - The proposed project amendment would not affect the previously approved biological determination. The amendments are being made within the approved development area and no new direct or indirect impacts will result from the amended project. New conditions are being added to the project for payment of impact fees consistent with the adopted Habitat Management Plan. The project has been issued permits from the Army Corps of Engineers, Califomia Department of Fish and Game and the Regional Water Quality Control Board Section 401 permit. NOISE - The revised project will not increase the amount of noised generated by the project. The noise impacts from Palomar Airport and Palomar Airport Road are the same as previously analyzed and no new mitigation measures are required. TRANSPORTATION/TRAFFIC—Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The original project projected 1889 ADT. The proposed project generates 2000 ADT, or 111 more ADT than the original project. The fitness facihty would generate fraffic during the off-peak hour thus reducing the peak hour trip generation for the project. The original project did not have significant impacts or initigation measures related to traffic impacts and the increase in traffic generation in an insignificant increase. The adjacent Kelly JRM Office Building (SDP 03-01) traffic report includes the Biltmore site with a traffic generation of 2010 ADT and did not identify any significant traffic impacts. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, Cahfomia, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 15 Rev. 07/03/02 2. Pacifica Palomar Mitigated Negative Declaration dated November 6, 2001 and Environmental Impact Assessment Part II and Mitigation Monitoring and Reporting Program, City of Carlsbad Planning Department, dated June 17, 1998. 3. Transportation Analysis for Kellv/PAR Parcel Prepared for JRMC Real Estate Inc. dated December 17, 2002, Urban Systems Associates, Inc 16 Rev. 07/03/02 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: GPA 01-05/SDP 01-01/CDP 01-02/PIP 01-02 DATE: June 5. 2001 BACKGROUND 1. CASE NAME: PACIFICA CARLSBAD 2. 3. 4. 5. APPLICANT: PACIFICA ENTERPRISES/ISLAND REALITY I. L.P. ADDRESSES AND PHONE NUMBER OF APPLICANT: 12780 HIGH BLUFF DRIVE. SUITE 160. SAN DIEGO. CA 92130 (858) 755-0216 DATE EIA FORM PART I SUBMITTED: Febmarv 1. 2001 PROJECT DESCRIPTION: A 120.000 souare foot three-storv office building located adjacent and south of Palomar Auport Road and east of Aviara Parkway on 15.69 acres. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Land Use and Planning I I Population and Housing I I Geological Problems • water Air Quality ^ Transportation/Circulation •] Public Services Biological Resources Q Utilities & Service Systems I I Energy & Mineral Resources Aesthetics I I Hazards Noise I I Cultural Resources I I Recreation I I Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. A I find that 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 an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect I) 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. An EIR is required, but it must analyze only the effects that remain to be addressed. I I I find that 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 Master Environmental Impact Review (MEIR 93-01) pursuant to apphcable standards and (b) have been voided or mitigated pursuant to that earUer Master Enviroimiental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Comphance has been prepared. Planner Si Date inning Directoi^s Signature Planning Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the enviroimient. The Environmental Impact Assessment appears in the following pages in the form of a checkhst. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" apphes where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect fi-om "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 05.'28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earher EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. '-"'28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source#l:Pgs 5.6-1 -5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 - 5.6-18) c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 -5.6-18) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#l:Pgs 5.6-1 - 5.6-18) e) Disrapt or divide the physical arrangement of an established community (including a low-income or minority community) (#l:Pgs 5.6-1 - 5.6-18) Potentially Significant Impact • • • • Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated • • • • • m • s • m • H • • • s n. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directiy or indirectly (e.g. through projects in an undeveloped area or extension of major infrastractmre)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housmg? (#l:Pgs 5.5-1 -5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal resuh in or expose people to potential impacts involving: a) Fauh rapture? (#l:Pgs 5.1-1 -5.1-15, #2) b) Seismic ground sh^g? (#l:Pgs 5.1-1 - 5.1-15, # 2) c) Seismic ground failure, including hquefaction? (#l:Pgs 5.1-1 -5.1.15, #2) d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15, #2) e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15, # 2) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 -5.1-15, #2) g) Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15, # 2) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, # 2) i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15, #2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface ranoff? (#l:Pgs 5.2-1 - 5.2- 11,#3) b) Exposure of people or property to water related hazards such as floodmg? (#l:Pgs 5.2-1 - 5.2-11, # 3) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-1 - 5.2-11) • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X Rev. 03'28/96 Issues (and Supporting Information Sources). d) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-1 -5.2-11) e) Changes in currents, or the coiurse or direction of water movements? (#l:Pgs 5.2-1 - 5.2-11) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-1 - 5.2-11) g) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-1 - 5.2-11) h) Impacts to groundwater quahty? (#l:Pgs 5.2-1 - 5.2- 11) i) Substantial reduction m the amoimt of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1-5.2-11) V. AIR QUALITY. Would the proposal: a) Violate any air quahty standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#I:Pgs 5.3-1 - 5.3-12) d) Create objectionable odors? (#1 :Pgs 5.3-1 - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would tiie proposal result in: a) Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-1 -5.7-22, #4) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7-22) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 -5.7-22) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-1 - 5.7-22) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1 - 5.7-22) f) Conflicts with adopted policies supporting aitemative transportation (e.g. bus tumouts, bicycle racks)? (#l:Pgs 5.7-1 -5.7-22) g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 - 5.7-22) VII. BIOLOGICAL RESOURCES. Would the proposal resuh in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, andbkds)? (#l:Pgs 5.4-1 - 5.4-24, #5) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-1-5.4-24, #5) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24, #5) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated • Less Than No Significant Impact Impact • Potentially Significant Unless Mitigation Incorporated • • X • • • X • • • X • • • X • • • X • • • X X • • • • • • X • • • X • • • X • • • • • • • • • X • • • X • • • X • • • X • • • X • • X • • • • X • • • X Rev. 0?/:8/96 Issues (and Supporting Information Sources). d) Wetland habitat (e.g. marsh, riparian and vemal pool)? (#l:Pgs 5.4-1 - 5.4-24, #5) e) Wildlife dispersal or migration corridors? (# 1 :Pgs 5.4-1 - 5.4-24, #5) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) b) Use non-renewable resources in a wasteful and mefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1-5.13-9) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and tiie residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) IX. HAZARDS. Would the proposal mvolve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#I:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) e) Increase fire hazard in areas with flammable brash, grass, or ti-ees? (#l:Pgs 5.10.1-1 - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1-5.9-15) XI. PUBLIC SERVICES. Would tiie proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: a) Fhe protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1-5.12.7-5) d) Maintenance of public facilities, including roads? (#l:Pgs 5.12.1-1 -5.12.8-7) e) Other govemmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact No Impact • H • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • • • s • • • • X • • • X • • • X • • • X • • • X XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natiiral gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) • • • S Rev. 03/28/96 Issues (and Supporting Information Sources). b) Communications systems? (#l:Pgs 5.12.1-1 - 5.12.8-7) c) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (#1 :Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) Potentially Significant Impact • • • • • • Potentially Significant Unless Mitigation Incorporated • • • • • • Less Than Significant Impact • • • • • • No Impact K K XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1-5.11-5) b) Have or demonstrate a negative aesthetic effect? (#l:Pgs 5.11-1 -5.11-5) c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) • • • X • • • X • • • X XIV. CULTURAL RESOURCES. Would tiie proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8- 10,) b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10, #6) c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10, #6) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-1-5.8-10) e) Restrict existing religious or sacred uses within the potential unpact area? (#l:Pgs 5.8-1 - 5.8-10) • • • X • • • X • • • X • • • X • • • X XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional | [ | | | [ ^ parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs I I I I I I 5.12.8-1-5.12.8-7) '—' '—' '—' XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? • • • S Rev '--'28/96 Issues (and Supporting Information Sources). b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in coimection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact No Impact • S • • • S Rev. 03/'28/96 XVII. EARLIER ANALYSES. Earher analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checkhst were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earher document and the extent to which they address site- specific conditions for the project. 10 Rev.'v: 78/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project consists of a 120,000 square foot, three-story, office building with 385 surface and 104 imderground parking spaces on 15.69 acres located south and adjacent to Palomar Airport Road and east of Aviara Parkway. Improvements consist of the extension of Laural Tree Lane, a public road, to cross Encinas Creek within the existing Laural Tree Lane private road easement replacing the existing Laural Tree Ln. drainage culvert for Encinas Creek; extend drainage faciHties from Palomar Airport Road to proposed detention basins; frontage improvements on Palomar Airport Road; and storm water detention basins. The General Plan amendment is to adjust the boimdary of the open space/planned industrial based on environmental and biological constraints. The project site is bordered by Palomar Airport Road to the north and to the soutii by Encinas Creek. The northem developable portion of the site is relatively flat and has been used for agricultural purposes. On site elevations range from 100 feet to 106 feet in the low-lying area and up to 160 feet above MSL on the southem slope. The majority of the site is disturbed habitat, with native vegetation communities (including southem willow scmb and southem mixed chaparral) existing along the length of the drainage and on the steep slope along the southem boundary of the parcel. No sensitive plant or animal species were observed on the site. 11 Rev. ('? 28/96 II. ENVIRONMENTAL ANALYSIS B. Environmeiital Impact Discussion Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nifrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage aitemative modes of transportation including mass fransit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management sfrategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design ofthe project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" apphes to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no fiirther environmental review of air quality impacts is required. This document is available at the Plaiming Department. Transportation/Circulation The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional confrol. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensiu-e the provision of circulation facilities concurrent with need; 2) provisions to develop aitemative modes of fransportation such as frails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation sfrategies when 12 Rev. 03/28/96 adopted. The diversion of regional through-fraffic from a failing Interstate or State Highway onto City sfreets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design ofthe project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-fraffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. Biology The site supports, 2.0 acres of southem mixed chaparral, 0.15 acres of southem willow scmb (disturbed), 0.3 acre of ephemeral drainage, and 9.15 acres of disturbed habitat. The .02-acre of freshwater marsh and .15-acre southem willow scmb (disturbed) referenced in the biological report are located west and downsfream of the project site. Of these habitats, 0.2 acre is Army Corps of Engineers (ACOE) jurisdictional wetlands (off-site) and .15 acre is ACOE jurisdictional non-wetland Waters of the U.S (on-site). In addition, Calif Dept. of Fish and Game (CDFG) jurisdictional areas include all ACOE jurisdictional areas as well as an additional 2.3 acres of riparian habitat (southem willow scmb). Development of the site would only impact disturbed habitat. The project proposes to avoid direct impacts to all ACOE and CDFG jurisdictional areas. A focused survey for the least Bell's vireo was conducted and it was not observed on the site. Habitat quality was determined to be of poor quality for the support of the willow flycatcher. A rare plant survey was conducted for the San Diego thommint and thread-leaved brodiaea with none found. No rare plants were observed within the project area proposed for development. A 50-foot buffer is proposed to extend from the identified riparian habitat. A portion of the buffer area will be improved with detention basins for the control of pollutant discharge in accordance with the NPDES best management practices and a decomposed citywide trail along the outermost portion of the buffer. The trail, with a non-paved but permeable surface, will be placed in the buffer between the buildings and detention basin. Urban water mnoff will be collected from Palomar Airport Road and the project site and run through the basins prior to being released into the Encinas Creek. The buffer area will be landscaped with a native mix of plants to fransition from the native to non-native landscaping. All sediment removal/swale maintenance will be accomplished manually, not using motorized equipment that requires placement in the buffer or wetlands. 13 Rev. 03/28/96 Mitigation The focused surveys for the least Bell's vireo are typically valid for two seasons, with the projects surveys therefore applicable to at least the year 2001. If the project grading were completed prior to April 1, 2002, no additional surveys or mitigation would be recommended. If the project grading activities were expected to extend beyond the beginning of the 2002 breading season, the project apphcant shall consult with the United States Fish and Wildlife service (USFWS) prior to commencing grading to determine if additional surveys or mitigation would be necessary. Prior to grading plan approval, areas of fhe site to be preserved in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Director and Public Works Director. A habitat protection fence detail approved by the Planning Director and Public Works Director shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Plaiming Director a letter attesting to the accuracy of the fencing location prior to the issuance of the grading permit. To minimize indirect impacts to the Encinas Creek, the proposed 50-foot setback shall be revegetated using native upland plant species. This shall be included in the final landscape plans for the project that must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is required prior to grading plan approval. All sediment removal/swale maintenance will be accomplished manually, not using motorized equipment that requires placement in the buffer or wetlands. The citywide pedestrian frail, with a non-paved but permeable surface, will be placed in the northem portion of the buffer between the building and detention basin. An exterior lighting plan, including parking areas, shall be submitted for Planning Director approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts to adjacent habitat areas and homes. The maximum height of all fixtures shall not exceed 30 feet. Noise The majority of the site is located within the 65 to 70 decibel Community Noise Equivalent Level (CNEL) noise contours identified in the Comprehensive Land Use Plan for Palomar Airport with an area on the northerly portion of the property being within the 70 to 75 CNEL noise contour. No development that would be affected by noise will be placed within the 70 to 75 CNEL area. Office buildings are listed on the airport Noise/Land Use Compatibility Matrix as a conditionally compatible in the 65 to 70 decibel CNEL noise level with the following mitigation measures: 1. The proposed office building shall be noise attenuated to an interior level of 50 decibels CNEL based on an acoustical study submitted along with the building plans. Concurrent with the submittal of building plans, the applicant shall submit an acoustical study documenting what constraction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects regisfration stamp 14 Rev. 03/28/96 and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted to the Planning Director prior to building permit issuance. 2. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the existing Palomar Airport Road Transportation Corridor, in a form meeting the approval of the Planning Director and City Attomey (see Noise Form #1 on file in the Planning Department). 3. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attomey (see Noise Form #2 on file in the Planning Department). 4. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. ffl. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, Cahfomia, 92008, (760) 602-4600. I.. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. Geotechnical Investigation. Pacifica Carlsbad. Cahfomia. Geocon Incorporated, Febmary 7,2001. 3. Preiiminarv Drainage Study for Pacifica Carlsbad. Carlsbad. Cahfomia. Shapouri and Associates, dated April 2001. 4. Transportation Analysis for Pacifica Palomar. Urban Systems Associates, Inc., dated April 13,2001. 5. Biological Conditions and Consfraints at the Pacific Enterprises Site. Helix Environmental Planning, Inc. dated March 13, 2001 6. Cultural Resources Survey Report for the Pacifica Carlsbad Property. Carlsbad. Califomia. Gallegos & Associates, dated April 2000 15 Rev. 03/28/96 LIST OF MITIGATING MEASURES 1) Prior to commencing grading, the project applicant shall consult with the United States Fish and Wildhfe service (USFWS), if the project grading activities are expected to extend beyond the beginning of the least Bell's vireo 2002 breading season, to determine if additional least Bell's vireo surveys or mitigation would be necessary. If the project grading were completed prior to April 1, 2002, no additional least Bell's vireo surveys or mitigation would be recommended. 2) Prior to grading plan approval, areas of the site to be preserved in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Dfrector and Public Works Director. A habitat protection fence detail approved by the Planning Dfrector and Public Works Director shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting to the accuracy of the fencing location prior to the issuance ofthe grading permit. 3) To minimize indirect impacts to the Encinas Creek, the proposed 50-foot setback shall be revegetated using native upland plant species. This shall be included in the final landscape plans for the project that must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is required prior to grading plan approval. 4) An exterior hghting plan, including parking areas, shall be submitted for Planning Director approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts to adjacent habitat areas and homes. The maximum height ofall fixtures shall not exceed 30 feet. 5) The proposed office building shall be noise attenuated to an interior level of 50 decibels CNEL based on an acoustical study submitted along with the building plans. Concurrent with the submittal of building plans, the apphcant shall submit an acoustical study documenting what constmction materials or measures must be utilized to meet requfred interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects regisfration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted to the Planning Director prior to building permit issuance. 6) Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the existing Palomar Airport Road Transportation Corridor, in a form meeting the approval of the Planning Director and City Attomey (see Noise Form #1 on file in the Planning Department). 7) Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Dfrector and the City Attomey (see Noise Form #2 on file in the Planning Department). 8) Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. 16 Re- ••28/96 ATTACH MITIGATION MONITORING PROGRAM See attached 17 Rev 0.^28/96 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 18 Rev. 03/28/96 ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR GPA 01- 05 - PACIFICA PALOMAR OFFICE BUILDING A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's preliminary review of its adequacy finds that no substantial changes have occurred with respect to the cfrcumstances under which the MEIR was certified. The only potential changed cfrcumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. 1 PROJECTNAME: Pacifica Palomar FILE NUMBERS: GPA 01-05/SDP 01-01/CDP 01-02/PIP 01-02 APPROVAL DATE: CONDITIONAL NEG. DEC. The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 2108L6). Mitigation iVIeasure Monitoring Type Monitoring Department Shown on Plans Verified Implementatio n Remarks Prior to commencing grading, the project applicant shall consult with the United States Fish and Wildlife service (USFWS), if the project grading activities are expected to extend beyond the beginning of the least Bell's vireo 2002 breading season, to determine if additional least Bell's vireo surveys or mitigation would be necessary. If the project grading were completed prior to April 1, 2002, no additional least Bell's vireo surveys or mitigation would be recommended. Project Planning No Prior to grading plan approval, areas of the site to be preserved in their existing condition shall be cleariy demarcated on the grading plans to the satisfaction of the Planning Director and Public Works Director. A habitat protection fence detail approved by the Planning Director and Public Works Director shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting to the accuracy of the fencing location prior to the issuance of the grading permit. Project Planning/Engi neering No m < 7i O m z i! o z o o m o (D Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be iniUaied and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarl(S = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. IMitigation iMeasure Monitoring Type Monitoring Department Shown on Plans Verified Implementatio n Remarks To minimize indirect impacts to the Encinas Creek, the proposed 50-foot setback shall be revegetated using native upland plant species. This shall be included in the final landscape plans for the project that must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is required prior to grading plan approval. Project Planning Yes An exterior lighting plan, including parking areas, shall be submitted for Planning director and USFWS approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any 1 impacts to adjacent habitat areas and homes. The 1 maximum height of all fixtures shall not exceed 30 feet. Project Planning No 1 The proposed office building shall be noise attenuated 1 to an interior level of 50 decibels CNEL based on an acoustical study submitted along with the building plans. Concurrent with the submittal of building plans, the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted to the Planning Director prior to building permit issuance. Project Planning No m z < O m z I» H O O z H o z o o m o r (A fi) (Q 0 Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring DepL = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. IVlitigation iVIeasure Monitoring Type Monitoring Department Shown on Plans Verified Implementatio n - 1 Remarks Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the existing Palomar Airport Road Transportation Con-idor, In a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Project Planning No Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, In a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Project Planning No Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. Project Planning No m < 71 O Z s m z *! o z o z z o o X m o r; GO 0) ta (D Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. infonnation. Shown on Plans = When mitigation measure is shown on plans, this column wili be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remari<s = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. CARLSBAD FIRE DEPARTMENT Fire Protection Services PLAN REVIEW REPORT PROJECT NAME: Biltmore Date: 03/16/05 Project number: CDP 01-02 / CUP 05-04 / SDP 01-01(3) Staff Planner: V. Lynch Engineer: Initial review: (Note: This report identifies fire protection issues associated with the project, and/or prescribes specific corrections or information needed to achieve Fire Department approval.) Fire Department is accepting of the overall site layout. However, to be considered complete there will need to be some changes and additions to fire protection appliances. 1. The Title Sheet shall reflect the correct "Fire Flow" data as 2625 GPM/2 Hr. 2. The backflow prevention assembly for the fire service main shall be required to be relocated to the west side ofthe building. I 'redlined' the plans submitted to be considered. 3. All Fire Hydrants shall be no more than 225 feet apart and no less than 40 feet from the proposed building. 4. Fire Department Standards require that the fire sprinkler riser be located in an area or mechanical room accessible from the exterior and where it is not subject to occupant improvements. GR City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM September 15,2004 TO: Van Lynch, Planning FROM: Tamara O'Neal, Consultant Land Use Engineer - PBS&J via Jeremy Riddle, Associate Engineer SUBJECT: PRELIMINARY REVIEW OF BILTMORE PACIFICA PROJECT PRE 04-51 (APN:212-040-25) Engineering Department staff has completed a preliminary review of the above subject. For the applicant's benefit we have broken down our issues into two sections. The first section identifies "Significant Issues" and the second section lists "General Issues". Prior to formal application submittal, it is suggested the following items are adequately resolved/addressed: Significant Issues I. In order to comply with Carlsbad's Standard Urban Stormwater Management Plan (SUSMP), the applicant must prepare a Storm Water Management Plan (SWMP) to: a) Identify existing and post-development on-site pollutants-of-concem. b) Identify the hydrologic unit this project contributes to and impaired water bodies that would impacted by this project. c) Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way d) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. e) Ensure long-term maintenance of all post construction BMPs in perpetuity. f) Provide hydraulic/hydrologic calculations to verify that numeric sizing criteria is met for filtration/treatment of the site. PRE 04-51 Page 2 of4 September 15,2004 g) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 2. Provide a conceptual grading plan indicating existing and proposed contours, cut and fill quantities, and proposed site improvements. It is not possible to evaluate the proposed grading based on the information submitted. 3. Provide dimensions to clarify location of right-of-way along property frontage. 4. Depict the extent of all existing improvements on Laurel Tree Road and Palomar Airport Road and all proposed improvements that are required to serve this project. 5. Provide a preliminary Geotechnical study that identifies feasibility and recommendations for the proposed development as it relates to the site. Address limits of remedial grading required, if any. 6. A Traffic Impact Analysis will be required to address impacts to roadways and intersections resulting from the proposed development. "Fair Share" contributions toward fiiture improvements may be required. 7. Indicate all existing and proposed utilities that will serve the development. Depict looping of public water facilities from Laurel Tree Lane to Palomar Airport Road. Indicate gravity flow of sewer facilities via invert elevations. The submitted plan does not depict any facilities. 8. Revise the site plan to depict truck tuming radii to facilitate access for CALTRANS Vehicle 407E as noted on the plans. 9. Verify that emergency vehicles will be able to access the project at the proposed location as noted on the plans. 10. Revise the site plan to depict drive aisle and parking stall dimensions. 11. Revise the site plan to depict the relinquishment of access rights to and from Palomar Airport Road. 12. Provide a preUminary hydrology study that identifies the development discharge flows and preliminary recommendations on the anticipated storm drain infrastructure required as part of the development. 13. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, sprinklering, emergency tum-arounds, etc.). PRE 04-51 Page 3 of4 September 15, 2004 General Issues 1. Please be advised that in order to make a more in-depth review of the proposed development, a more complete design of the project is required. 2. Provide multiple cross-sections of the site to demonstrate differences in grade, especially as it relates to adjacent properties. 3. Add symbols to the plans to identify the difference between existing and proposed improvements. 4. Indicate all existing and proposed surface improvements (curb, gutter, sidewalk, paving, access-holes, inlets, power poles, street lights, adjacent driveways, vaults, transformers, etc.) along the property fronting Palomar Airport Road and Laurel Tree Lane, and verify that no conflicts exist. 5. Show all drainage pattems for the site. Provide sufficient detail to indicate how on- site surface runoff is controlled and treated prior to discharging offsite and/or into public facilities. Identify the location, alignment, and discharge of any proposed drainage system. 6. Provide a typical cross section of existing Palomar Airport Road and Laurel Tree Lane, depicting existing right-of-way dimensions and surface improvements. 7. Undergrounding of all existing overhead utilities along the project frontage and on the project site will be required. 8. If slopes or grading is proposed off-site, a private slope easement must be obtained from the adjacent property owner. 9. Show proposed driveway grades and widths on the site plan. 10. Show all existing fire hydrants within 300' ofthe project boundary. 11. A recent Preliminary Title Report (PR) issued within 6 months of formal application submittal will be required for the proposed project. 12. If there are existing easements that are not plotted on these plans, there may be significant changes to this proposed concept in order to avoid conflicts. 13. All easements and encumbrances as identified in Schedule "B" of the PR must be indicated on the site plan. The future disposition of any easements and encumbrances must also be identified. 14. This prehminary review does not constitute a complete review of the proposed project and additional items of concem may be identified upon formal project application submittal. 15. This project will require a grading permit. This process is required after tentative map PRE 04-51 Page 4 of4 September 15,2004 approval and takes approximately 3-4 months to complete. 16. Address all other redline comments as noted on the plans. A redlined check print is enclosed for the applicants use in making the requested revisions. This check print should be returned with the formal application submittal to facilitate continued staff review. If you or the applicant has any questions, please call Tamara O'Neal at 760-479-4509. Attachment c: PRE File CARLSBAD FIRE DEPARTMENT Fire Protection Services PRELIMINARY REVIEW REPORT PROJECT NAME: Biltmore Pacifica Date: 08/30/04 Project number: PRE 04-50 Staff member: Van Lynch Preliminary comments: (Note: This commentary identifies missing information that must be included with the official project submittal. It may also identify fire protection issues associated with the project.) The fire department cannot support this design as the proposed project does not appear to meet the requirements for tuming around fire department apparatus. Emergency access lane must be designed so that the fire apparatus can make the right tum without entering the inside lane of Palomar Airport Rd. Ballards shall be placed a minimum of 40 feet inside the access lane to allow the fire apparatus to stage off of Palomar Airport Rd. to remove ballards. All buildings 10,000 sq.ft. shall be equipped with automatic fire sprinklers. Provide the fire department with a plan showing all proposed and existing fire hydrants within 300 feet of the project. All buildings to be equipped with a knox box. C. Balch Van Lynch To: Keith Merkel Cc: tims@benchmarklandscape.com; Adam Behle Subject: RE: PossibleSpam:24 Hour Fitness buffer maintenance Thanks Keith. That does answer the question that was asked of me. Take care, Van From: Keith Merkel [mailto:KMerkel@merkelinc.com] Sent: Friday, July 24, 2009 2:00 PM To: Van Lynch Cc: tims@benchmarklandscape.com; Rosanne Humphrey; Adam Behle Subject: RE: PossibleSpam:24 Hour Fitness buffer maintenance Hi Van, Helix will be receiving the open space in 3 more years. We presently are managing the open space. The bioswale sediment, trash, and storm debris management was explicitly excluded as a management requirement of Helix and it was kept with the Biltmore (now 24-Hour Fitness) do to the requirements of active management of this area for sediment, trash, and captured debris removal as a project facility. Under the present period, it is an M&A habitat establishment management responsibility and a 24-Hour Fitness detention basin stormwater (sediment, trash, debris) management responsibility. If there is dead vegetation from planting or weeding of the planted areas within the swale, this is our obligation. If it is wash in trash and debris, it is a 24-Hour obligation. We will look at the swale and see what is going on with it, however it was never intended that trash, debris, and sediment accumulation in the swale from the intended stormwater functions would be under the obligations of the future manager (Helix), rather these facility costs were to remain with the development project. I would love to have the 24 Hour help, but I don't think they are obliged to anything other than sediment, trash, and storm- debris. We wili follow up with all after a review of the site. If the material is of local origin (plants or weeds from the site) they are ours. If the debris is wash in from the storm drain system, they are 24-Hour Fitness. Can you provide a coordination contact with 24-Hours maintenance group so that Adam can follow up if need be? I hope this clarifies. Thanks, Keith Original Message From: Van Lynch [mailto:Van.Lynch@carlsbadca.gov] Sent: Friday, July 24, 2009 1:39 PM To: Keith Merkel Cc: tims@benchmarklandscape.com; Rosanne Humphrey Subject: PossibleSpam:24 Hour Fitness buffer maintenance Keith: I recall that Helix was the new responsible party for the maintenance of the open space easement area at Biltmore. Is that correct? 24 Hour states that the bio swale areas have not been maintained and that there is a fair amount of dead vegetation that needs to be cleared out. They do not know who is responsible and if there is still a maintenance period under contract. If not, they are (will) willing go in and do some maintenance allowed per the condition of approval. If Helix is still onboard, do you have a contact? Please copy all in your response as I'm going to be out next week. Thanks in advance. Van From SDP Ol-Ol(B) PC Resolution 5881. Citv of Carlsbad Planning Department January 23, 2008 Richard Lund Biltmore Holdings 111 West Monroe Street, Suite 1700 Phoenix AZ 85003 SUBJECT: SDP 01-01(B) - BILTMORE (24 HOUR FITNESS) Dear Mr. Lund: Please find enclosed a Conservation Easement document for your signature. The easement document is a condition of the Project approval for the SDP 01-01 (B) - Biltmore project. Once completed, please return the signed and notarized document to me for additional signatures and recordation. Please give me a call if you have any questions regarding the above. Sincerely, VAN LYNCH Senior Planner VL:sm C: FileCopy Enclosure 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® imagel .emf Page 1 iLC G Citv of Carlsbad Planning Department January 23, 2008 Richard Lund Biltmore Holdings 111 West Monroe Street, Suite 1700 Phoenix AZ 85003 SUBJECT: SDP 01-01(B) - BILTMORE (24 HOUR FITNESS) Dear Mr. Lund: Please find enclosed a Conservation Easement document for your signature. The easement document is a condition ofthe Project approval for the SDP 01-01 (B) - Biltmore project. Once completed, please return the signed and notarized document to me for additional signatures and recordation. Please give me a call if you have any questions regarding the above. Sincerely, VAN LYNCH Senior Planner VLism C: FileCopy Enclosure 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us City of Carisbad ' . < Faraday Center •* Faradav Cashi^iitefi^&OI 07127P1-2 05/07/200? 33 Mon Mayor,2007 10:0? AN PERMITS •• PERMITS $1,505.00 •ifan Nbr: 071270102 0014 0018 T'rans/Rcpt#: R0064233 • ShJ it: DWG4322L 1 ITEMfS;: TOTAL; $1,505,( Check (Chk# 001356) -Total Received: $1,503.0.0 $1,50S,0d Have a :n1ce day! City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: RIDGE LANDSCAPE ARCHITECTS Description Amount DWG4322L 1,505.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number; R0064233 Transaction ID: R0064233 Transaction Date: 05/07/2007 Pay Type Method Description Amount Payment Check 1356 1,505.00 Transaction Amount: 1,505.00 Page 1 of 4 Van Lynch - RE: High ImportanceFw: status of easements for sdge rights of way From: "Keith Merkel" <KMerkel@merkelinc.com> To: "thomas.smithl" <thomas.smithl@cox.net>, "Kathy Rogers" <KRogers@merkelinc.com> Date: 03/28/2007 12:58 PM Subject; RE: High ImportanceFw: status of easements for sdge rights of way CC: <staylor@biltmoreholdings.com>, "Van Lynch" <Vlync@ci.carlsbad.ca.us>, "Scott Cairns" <scottc@sca-sd .com > Hi Thomas, For purposes of the present conservation easement, the City can record the easement now. The Corps requires a conservation easement for the "wetland mitigation areas" only. For this reason, we prepared the conservation easement for the City following the Corps' standard format in hopes of not ending up doing a separate easement for the Corps over a smaller subset of the open space. This easement has been submitted to the Corps for review and concurrence that it would meet the Corps' requirements. However, the City's easement obligation over the whole of the open space is a separate and distinct obligation from the Corps. For satisfaction of the City conditions, this easement can be finalized now. When and if the Corps gets back to us regarding the easement adequacy to satisfy the Corps (both Van and I have made several inquiries as to the status at the Corps), they will either 1) accept the recorded easement in satisfaction of the requirement for conservation easement, or 2) require an additional conservation easement recorded over a much smaller area of the open space where the Corps wetland mitigation areas exist. If condition 2 applies, this would be done separate from the City action in satisfaction of Corps requirments. Please note that at the present time, all of the wetland impacts from both the 24-Hour Fitness and the JRMC/Kelly project have occurred and the mitigation sites have been graded. Both projects are covered under the same permit with the Corps. Wetland mitigation and buffer restoration is substantially in place and the completion buffer work including the trail surface and fencing are awaiting final word that no more access for construction or utility work is required along the trail alignment. Once this is confirmed by Steve, we will wrap up the buffer improvements. I hope this clarifies the easement status. Thanks, Keith Original Message From: thomas.smithl [mailto:thomas.smithl@cox.net] Sent: Wednesday, March 07, 2007 3:08 PM To: Keith Merkel; Kathy Rogers Cc: staylor@biltmoreholdings.com; Van Lynch; Scott Cairns Subject: High ImportanceFw: status of easements for sdge rights of way Keith and Kathy We need an answer regarding whether there is any specific conditions from Corp or anyone else as to our conservation easement see Van's comments below We are being held up by not havng an answer file://C:\Documents and Settings\vlync\Local Settings\Temp\XPgrpwise\460A666BGW-... 03/28/2007 Page 1 of 1 From: Van Lynch To: kari.jcoler@usace.army.mil Date: 11/03/2006 7:45 AM Subject: Pacifica palomar/Biltmore conservation easement Kari: Please find attached the draft Conservation easement, and exhibits, for the Corp's review. The contact that the City has had in the past with the Corp regarding the conservation easements was Tiffany Troxel (sp?). It may help if she were involved with the review of this easement document. If you have any questions or need anything else, please feel free to contact me. Also, could you let me know how long the review may take? Just looking to get an idea of the time frame involved and coordinating with the recordation of other documents (parcel map) for the project. Thanks, Van file://C:\Documents and Settings\vlync\Local Settings\Temp\GW}00001.HTM 11/06/2006 VM as. MAIL Attention: Van Lynch Planning E>ept. City of Carlsbad 1635 Faraday Avoiue Carisbad, CA 92008 BILTMORE HOLDINGS July 19,2006 RE: 24 Hour Office and Chib Project, Carlsbad Dear Mr. Lynch: As a follow up to your request, Biltmore Holdings, L.LC., member partner of Ascent Biltmore Carlsbad, LLC, will post the necessary PAR amount in check or certified funds as required under the conditions of our project and Certificate of Occupancy for the 24 HR office and club project. The exact amount will be determined by the land trust management company whether Helix or Merkel and Associates. Thank you fbr your continuing support and flexibility in moving our project forward. Sincerely, BILTMORE HOLDINGS Richard J. Lund Manager 111 WEST MONROE STREET, SUITE 1700 • PHOENIX, ARIZONA 85003 TEL 602.324.5340 • FAX 602.324.5341 ^ Page 1 of 1 Van Lynch - PAR deposit From: "thomas.smithl" <thomas.smithl@cox.net> To: "Van Lynch" <Vlync@ci.carlsbad.ca.us> Date: 03/28/2006 6:49 PM Subject: PAR deposit CC: <staylor@biltmoreholdings.com> Van We are still waiting to close our loan (there are no problems) but in an effort to move on the permits can we by chance post a bond for the PAR and then replace it before bldg permits or even sooner? We don't normally have an extra $360K sitting around and will pull it in our first draw from the loan the tough thing to swallow is that Helix or whomever will not even begin to use the money for five years, as I understand it, and yet we put must post it and say goodbye, Qust a little editorial comment) Let me know if a bond will work for a couple of weeks thanks again ps I gave Ridge a check to get the DEH approval and hopefully that is coming soon file://C:\Documents and Settings\vlync\Local Settings\Temp\GW}00001 .HTM 03/29/2006 SmithConsultingArchitects TRANSMITTAL To: Company: Van Lynch City of Carlsbad - Planning Dept. ATTACHED: Date: 3/1/06 Project No: 04204.S Project: Biltmore Pacifica 24 Hour Fitness No. Copies Date Description 1 3/1/06 Photometric Diagram 1 n/a Parking area light fixture cut sheet 1 n/a Lighting Fixture Schedule from CDs TRANSMITTED VIA: ACTION • FAX (Sheet 1 of ) Fax No. • Mail • Messenger • Overnight Delivery 13 Other Hand delivered REMARKS: Van, S For your approval 13 For your review and comment B As requested • For your use / files • Reviewed as noted • No exceptions taken • Revise / Resubmit Please find attached the above referenced prints and documents for your use and files. If you have any questions or need additional information, please call me. DISTRIBUTION: SCA File With End. • • • • BY: Andrew Tarango W/O End. • • • 12220 El Camino Real Suite 200 San Diego, CA 92130 858793-4777 858.793-4787 Fax rmCVIDtD lUTH BMIWiENCY BALLA4T8 AS I.A9r TAOLH, 80.0111 mOKM. TO ALL HneWSeNCT FIXTURES, oTwen >T tmrcH to Be Arrrtovtn etr ARCHTOCT ANO •O RCUW N. .lOHTS UNLESS OrueR UlSE N0TBC>. fWCVAL <as ALL LISHT SUJITCH LOCATICNS Se CHITECTS eXITINa PLAN AND PWPVIM EXIT RICAL ENOINeERS LiaHTINa PLANS. XITECTS REFLECTED CEILlHi n.AN AND 1 ELSCTWCAL ENaiNEEKS PLAR •MrrSCT AND ELECTWCAL ENSINEEI* FOR ANT ECT »»TALL U»TH FRAniNS OB DUCTINS ton TO nouou IN. PRES8UW SODIUM PIUST BE CONTHOLLSD TO •ECTWNIC TTTE RAWD START. iHl r BALLAST T REOUIRED LUnSN ^ OUTPUT OF ^LAM W 1390 LirSNS W lese LUMENS tu 90 LUMENS ILE LAflP IN MJLTIFLE LAMP FiXTURES. FIXTURE TYPE MANUFACTURER (NFORMATION DESCRIPTION VOLT WATTS UMP Fl LSI (2)CHV 3 400-HPS.CT-PLP HS 4SaBO.S11G24 D1B0.4BC.PLP TWIN41EAD, Stow HPS, PARKING LOT POLE LIGHT. MOUNT HEAO AT SS' ABOVE FINISHED GRADE, INCLUDING BASE STTV 600W (2)LU2S0/S HPS F2 LSI CHV 3 40O44PS.CT-PLP HS 4saBo.siie24's 4BC.PLP SINGL&HEAD, 250W HPS, PARKING LOT POLE UGHT WITH HOUSE SIDE SHIELD. MOUNT HEAD AT 25' ABOVE FINISHB) GRADE, INCLUDING BASE S77V 300W (l|LU2Sa/3 HPS F2 ANHQUE STRRET LAMPS BOUP36<10n.<WDa M100-277.EB 3'BOLLARD FIXTURE PROVIDE WITH ELECTRONIC BALLAST mv 11SW (1)1 OOW MH F4 UTHONIA LF««2elJn.277^3EB 6" RECESSB} FLUORESCENT DOWNUGHT PROVIDE WITH ELECTRONIC BALUST PROVIDE WITH 904AINUTE BATTERY BACKUP S77V 33W (2)18WDTT 4100K aSCRI F4E UTHONIA LPe•2/^e0^T.27r^3EB B.R >" RECESSED FLUORESCENT DOWNUGHT PROVIOE WITH B.ECTRONIC BALLAST PROVIOE WITH 90.MINUTE BATTERY BACKUP 277V 33W (3)16WDTT 4100K 82CRI F5 UTHONIA LOF-226DTT*SB.T73 277 9" RECESSED FLUORESCENT DOWNLIGHT PROVIDE WITH ELECTRONIC BALUST 277V 51W (S|2<DTT 4100K 82CRI FSE UTHONIA LQF.SSSDn4.SB.T73 277*LR V RECESSB3 FLUORESCENT DOWNUGHT PROVIDE WITH B.ECTRONIC BALLAST PROVIOE WITH 90.MINUTE BATTERY BACKUP Z77V S1W P)26DTT 4100K 82CRI F6 HYDREL 9nO-B.100M-277J4SP CljC.CPC.ASR.aEB LP.BZ (" INORADE FIXTURE WITH it DEGREE DIRECTIONAL ADJUSTMENT PROVIDE WITH ELECTRONIC BALLAST 277V 11(SW (1)1 OOW MH FT VISA TBD WALL MOUNT SCONCE FIXTURE PROVIOE WITH ELECTRONIC BALUST 277V 37W (3)QF13 4100K S2CRI F7E VISA TBO WALL MOUNT SCONCE FIXTURE PROVIDE WITH ELECTRONIC BALUST PROVIDE WITH 90.MINUTE BATTERY BACKUP 277V 37W (3)QF14 4100K 82CRI F« C296TB.277.GEB PROVIDE WITH 2 ELECTRONIC BALLASTS 1S8W 4101 OK 82CRI F9 UTHONIA WC232.A11-Z77.GEB 4' FLUORESCENT WALL WRAP FIXTURE. PROVIDE WITH ELECTRONIC BALUST PROVIDE WITH 90JJINUTE BATTERY BACKUP 277V 61W (2)F3STS 41010K 82CRI FlO UTHONIA LRP EDGE UT EXIT SIGN PROVIDE WITH M^VilNUTE BATTERY BACKUP 277V tw WITH UNIT F11 CANLET QFWFISH-IQGSC WALL MOUNTED WET LOCATION LISTB) COMPACT FLUORESCENT GLOBE FIXTURE WITH RUSTIC CAGE 1S0V 1SW (1)13WPL 4100K F12 UTHONIA C232TB-277/3EB 4' FLUORESCENT STRIP FIXTURE PROVIDE WITH ELECTRONIC BALUSTS zrrv 61W (2)F32T8 41010K 82CRI F13 LITHQNIA C132Ta-277^3Ea 4' CHAIN HUNG STRIP FIXTURE PROVIDE WITH ELECTRONIC BALLASTS 277V 32W (1)F32Te 41010K 82CRI o CD P 3 o < CD C 13 CO CZ o O sz •4—' E CO «100S imltti C«n>ulttn| Archltci c E 3 U o Q c o u 3 C o o < o o < Q. LU DC O I- -I m Revision Dates CHALLENGER® LUMINAIRE ORDERING INFORMATION 1 Luminaire „ Lamp 1 Prefix DistnlJiitiDn Watlage Liijlit Source Lens line MoWaijG Luminaite Finish Vertical Burn CHV 2- Type 11 3- Type III 5 - Type V FP- Forward Throw Perimeter FA-Automotive Foward Throw 250 320 400 750 1000 MnmA Rafletloi Mnolog) Optical Syittms: AFT-Automotlve Foward Throw Al-Automotlve Interior 750 1000 Horizontal Bum CHH 3-Type III FT- Forward Throw 5 - Type V 250 320 400 750 1000 PSMV- Pulse-Start Metal Halide 250,320,400,750,1000^ Watt SMV - Super Metal Hallde 400 Watt MH - Metal Halide 250,400 Watt MHR-Metal Halide Reduced Envelope 1000 Watt HPS - High Pressure Sodium 250,400,750^ Watt PSMH - Pulse-Start Metal Halide 320,750,1000 SMH-Super Metal Halide 250,400 Watt MH-Metal Halide 250,400 Watt MHR - Metal Halide Reduced Envelope 1000 Watt HPS - High Pressure Sodium 250,400,7502 Watt CT-Contoured Clear Impact-resistant Glass F-Flat Clear Tempered Glass CT - Contoured Clear Impact-resistant Glass^ MT- n- 480 Multi Tat Tri-Tap^ BRZ - Bronze BLK-Blacl< PLP- Platinum Plus BUF-Buff WHT-White GRN - Green GPT-Graphite MSV-Metallic Silver PCR - Photoelectric Control Receptacle' QC - Quick Connect Package GR - Ground Relamping^ LL - Less Lamp LOHTNOTES: 1- Trl-Tap not available in 1000 Watt PSMV. Voltage must be specified-120V, 277V, or 347V. 2- When ordering 750 Watt High Pressure Sodium, voltage must be specified. 3- Use to matcl) vertical appearance. 4- For Intemational voltages, consult factory. 5- MT - Multi Tap Is shipped standard unless otherwise specified. Multi Tap consists of 120V, 208V 240V and 277V. Multi Tap is pre-wlred for highest voltage. Altemate voltages will require field re-wiring. 6- Tri-Tap is shipped standard for Canadian applications. Trl-Tap consists of 120V, 277V, and 347V. Tri-Tap is pre-wlred for highest voltage. Altemate voltages will require field re-wiring. 7- Factory installed PCR requires field wiring to proper voltage. On QC version, PCR Is factory pre-wlred to highest voltage. Alternate voltages will require field re-wiring. 8 - Ground relamping option is available for CHV only Maximum tool length 15 ft. See below for Grounif Lamp Changer. ACCFSSORY ORDERING INEORIVIATION !,« , ossa-u , -.m. l oiu :i. i.: :j Description Order Number Description Order Number PCI 20-Photocell 122514 CHH/CHV 2 HSS - External House Side Shield 143586BLK-I- PC208-Photocell 122515 CHH/CHV 3 HSS - Extemal House Side Shield 143587BLK+ PC240-Photocell 122516 CHV FA/AFfBSS*- External House Side Shield 143587BLK-f PC277-Photocell 122517 CHH/CHV FP/FT HSS - E)Cternal House Side Shield 143587BLK+ PC347-Photocell 159516 RPPC-Round Pole Plate 141940CLR PC480-Photocell 1225180 BKS-BO-WM-*-CLR Wall Mount Plate 123111CLR FK120-SinaleFusina FK120 BKA-B0-EC-6-CLR Extension Arm FK277 - Single Fusing FK277 Requiretl fnr miiltiple mniinting & all 90° R IPO" configurations 142862CLR DFK208.240 - Double Fusino DFK208. 240 BKL1-B0-S-19-CLR Upsweep Bracket for round and square poles 144191CLR DFK480 - Double Fusing DFK480 Ground Lamp Changer 132678A 146018A FK347 - Single Fusing FK347 (250,320 Waft) (400 Std, 1000 Watt Reduced & 750 Watt HPS) +Black only HOUSE SiDE SHIELDS 3-5/8" TYPE II (143586BLK) TYPE III AND 8-7/8- FORWARD THROW (WFP/AFT) (143587BLK) • Proiecl Name. # J Fixture Type ©2006 LSI INDUSTRIES INC. Outdoor Ughting CHALLENGER® {Various reflectors are protected by U.S. Patent No. 6,464,378.) HOUSING - Rectangular shaped, multi-radiused, one-piece, c|e-cast aluminum with cast mounting arm. All hardware is stainless steel or electro-zinc plated Steel. DOOR FRAME - One-piece, die-cast aluminum door frame secures to the housing with two Intemal hinges. Two stainless steel captive door fasteners allow easy access. Door frame may be removed without tools. A one-piece extruded silicone gasket seals the door frame against the housing. The standard housing/door seal design prevents extemal contaminants from entering the Challenger, resulting in an IP65 rating for all versions. LENS/GASKET - Contoured clear impact resistant glass lens for vertical lamp optics. A tempered flat clear glass lens or contoured clear Impact resistant glass lens is offered for horizontal lamp optics. A one-piece extruded silicone gasket seals the lens to the die-cast aluminum door frame. SOCKETS - Porcelain mogul-base sockets. All sockets are factory prewired with a disconnect plug for the ballast. All sockets are pulse-rated. LIGHT SOURCES - Pulse-Start Metal Halide, Super Metal Halide, Metai Halide, Metal Halide Reduced Envelope, or High Pressure Sodium. Clear lamp Is supplied as standard. BALLASTS - High-power factor ballast with removable/hinged ballast tray. Pulse-Start Metal Halide fixtures feature a Super CWA type ballast. Metal Halide, Super Metal Halide, and High Pressure Sodium fixtures feature a CWA type ballast. All ballasts are designed for -20° F operation. Optional Quick Connect package includes supply wiring plus modular plugs for easy ballast wiring. REFLECTORS/DISTRIBUTION PAHERNS - Vertical Bum systems Include: Type II (2), Type 111 (3), Type V (5), Perimeter Forward Throw (FP), Automotive Forward Throw (FA), and ART (Advanced Reflector Technology) optical systems: Automotive Forward Throw (AFT) and Automotive Interior (Ai). Horizontal Burn systems include: Type III (3), Type V (5) and Forward Throw (FT). All reflectors are field-rotatable, enabling generous flexibility In distribution pattems, without fixture movement. Photometric data Is tested In accordance with lESNA guidelines. BRACKETS - Cast mounting arm Is flat for square pole applications. Fixture may also be mounted to round poles using the round pole adaptor accessory (RPPC), which must be ordered separately. An extruded 6" arm extension Is required for D90°, 090°, T90° and Tl\l 120° fixture configurations. A locking nut secures two through bolts and a reinforcing plate to the pole, stabilizing It for easy fixture mounting. FINISHES - Each fixture is finished with LSI's DuraGrip® polyester powder coat finishing process. The DuraGrip finish withstands extreme weather changes without cracking or peeling, and is guaranteed for five full years. Standard colors Include bronze, black, platinum plus, buff, white, green, metallic silver, and graphite. PHOTOMETRICS - Please visit our web site at www.lsl-lndustrles.coin for detailed photometric data. C(VL)US IP65 wFlat-lensed fixtures • meetlESNA full cutoff s'Mwfffy classification. DIIVIENSIONS Upsweep Bracket - BKU-BO-S-19 Weight 15lbs. E.P.A. = 0.4 LUMINAIRE EPA CHART Challenger Cast F Ann CT With Extension Arm F CT •m single 1.8 2.0 2.2 2.3 ••Hi D180° 3.7 4.1 4.3 4.6 ^ D90° 3.9 4.3 T90° Extension Arm 6.1 6.5 A TN120° Required 6.3 6.9 090° 7.7 8.6 Note: F-Flat Glass CT-Contoured Note: House Side Shield adds to fixture EPA. Consult factory. SHIPPING WEIGHTS - Challenger Catalog Number Est. WeigM (8is.) Length (in.) Width (il.) Heighten.) CHV 86 34.5 23.75 18.25 CHH 86 34.5 23.75 18.25 USIED wet location Outdoor Lighting Project Name. Catalog # J Fixture Type ©2006 LSI INDUSTRIES INC. SEP-23-2005 0S:4S AM REAL SEP-7-2005 14:15 FfiCMJ ESTATE SERVICES / P.5 t^tllntses FfiA nil BtMBFIT OF THE tiOUttrV OP 9AN DK60 P»0OVERNWin-00DeffiCTl0M3nU WHEN ReCORDfiD. PLEASE RETURN TH»tNBTRtlM»ITTO; (IMLSTATIONA45) Ctefk, OMrd of &^i«iMsors 9an Diego Cgun^ Aiimif^ilration CttritEM- 1600Pa«bKi8hywy &anDiftBO.Cid»omia 82101 S5S 694 SSIS ^3:14809999439 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON SEP Z2, 2005 DOCUMENT NUMBER i;oq5-0$19338 GREGORY J SMITH, COUNTY FlECORDeR •SAN DIEGO COUNTY ftECORDEFTS OFFICE TIME; 10:13 AM P. 0 1 AVIGATION EASEMENT NOTMN$P£RTAX0UE Ne,: 212-040^ WJO.NO.: 20062002 Pircal N(K: 20(KMI1B5^ U0NO..- B4fi^ Pnnd: MANDED P<A A VAUmE CONSIDB^TKM, th6 rec«}pf or whteh b ABCENT^TMORE CARUBAD. OC, A DELAWARE UMtTEO UABIUTY COiPAN Y, he undentamd, hvBH dstlBnaied QRANT0R(S9, xmM of tfw hereinaflBr dsacAo} lancto, horrty 8(ant(4 to the COUNTY QP «AN OtEBO, a pd»eat wMivWon irf »M Glafa of CeUbfrib. hwilrMll«> MrfM QnMtoa, an wlg^ esnamentttid ililihtf^lbrlheuwatid RndaoroBeintheekvaeegbevedtlttiatieetpn^peftylritfwCou^ P»rGelNewa00«^85WV {eNO.'PETrpet} . TMporft)naritateai1ahp«tofofl»dfehoiMnBnddefi^K^ of8utveyMbQ>No.fi7lS,flBdhtlwOfnceafSwCoiintyR8(»rderof6m bMiQ a iKtrfon or lot'6'of Ihe RANCHO AGUA KflaNONDA, htfis County of San Dieeo. BWB of Caffenito, ecoMidhvioMaftthmof Na ^.fted hsaid Cou^ R«»^ land deaorttwl »i Parcel 'A' tatt daed to Ascer^-iminorB CartAeA U.C, a Detawara Mnrited BabUy Gflmpary raoDrdad October 19,2004 as D$iniment No. 2004^92ZKZ In ssid Ceui^H«co«dBi^i Ofnce. Ttqether wAh Ihs oon&HliV r^ht to cauM or allow ll ell vftMitons, tbmae,-duai^fbsi peiiioiae wtd 0^ eiretd$ es may t}e undBiatood and agreed that Grantee Mauds to malriiabi end develop tn euoh a mwmar that liiport and the easem •» grarilBd hiH^twOf ba usedatcittlmMend tiy ev»yfypeof a'lttavft the Iblufe for Dommendai and nonoommercial f^c^^ MISi« Of <3fentor, doea herd^ Vffiive mxi rdB«w my or cause or .action «^ mcy h»« In tiie Mm apAut Grantee, Is euecastere and ae^^, on aeeounti^or artatng eutef auch neiee, ^HanStJM^ hiraes, dust, fM p»9dH, and other effects heretofore andheieanar «Kj$ed by op^tflon of atoril li aaU tfrq»Bce. Thstenn''elTBran* tsdetlrwdfer ihe inirpowsof Ihtedeed as onyc^^ used for ne^Bafkin of n^hl In eir or apace. 1 OF 2 •Aia.l>.l3J0ti»it« SEP-7-2005 14:15 FROM: :148099BB439 P. 6 2005-0185-A Qratttor, for Grantor and the successors In Interest and as^ns of Grantor, covenants and agraas that neither fhey nor any of them vM pennit or suffer the use of Grantoi's propdty n siuh manner as to create electrical Interfarsnce wiffi radio communication to or from any other aircraft, or as to make It difficult for aircraft pilots to dsftigifeh brtwaen afrport lights and oSier lights or as to impair vjaMity In the vidnily of tte airport, or as to othenvise endangerthe landing, taidng off, or maneuwring of aircraft, it being understood and agreed ttat the aforesaid covenants and agreements shall mn v/Sh the land. Dated this. dav of .J^iyds^ 6^ . 20^. ASCENT-BILTMORE CARLSBAD. UC. A DELAWARE LIMITED LIABILITY COMPANY, By: By; STATE jMlZdjSM^ COUNTY OF /^/^/t/c^/>/r on f-/-^r appeared ^,^:J7/Q^.</ before me, the undersigned, a Notary Public in and for said State, personalty personally known to me (or proved to me on the ba^s of |f satiatactoiy evidence) to be ttie per5Dn(s} w^ose namB(s) is/are subscribed to lha within bistniment and. acknowledged to me that he/she/they execUed the same In his/her/lhefr authorized capaclty(les), and that by hls/herAheir 3ignaturs(5) on the instrument the person(s}, or the upon behalf of vvhich fhe person(s} acted, ngacuted the instrument POR NOTARY STAMP OR SEAL 1;5iARTH^?^WBLhl< Notary Public-Arizona I Maricopa Counj^ iMvCorr^missionBgres WITNESS rny hand and offidal seat. Signature: This is to certify thatthe interest in reai proper^ conveyed by frie foregoing deed or grant to the County of San Diego, a political subdiNMm, is hereby accepted on behalf ofthe Board of Supervisors of saki County of Sah Diego pursuantto ' authority confenred by Resolution of said Boarel adopted on Jan uaiy 7,1992, and the Grantee consents to recordation thereof by Its duly autiiorized officer. Daled: - JOHN KROSS, Deputy Director Real Estate Sendees Division D^artment of General Services 2 OF 2 ZaOHieSAdbe ».M.O(.W.IS.MLOO.V<( SEP-7-35 14:i& FROM: ^ ^TO: 14809988439 P. 8 RECOROHIS REQUESTED BY DEPARTMEI4T OF OENERAl. SERViCeS FOIt THE BEt^EFH' OFTHE COUNTY OF SAN DIEGO PER GOVERNMENT COOE SECTION 27383 WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO: (MAIL STATION A45) Clerk, Board of Supenrisoris San Oiego County Administration Center 1600 Pacific l-Gghway San Diego, Caiifomia 92101 SPACE ABOVE FOR RECORDER'S USE ONLY SUBORDINATION AGREEMENT NOTICE: ThisSubofdinattonAgreemeritresuite in your secunty interest in the prqserty becoming subject to and of lower priority Otan the lien of some other or later Instrument NOTfWNSFERTAXDUE Assessor^ Parcel No;: 212-040-25 Project: SPDOI-OI(B) BILTMORE W.O. No.: zoomaz Parcel No.: 20054}186-A Log No.: 648-03 WHEREAS, that certain Deed of Twst between. FIRST NATIONAL BANK OF OLATHE. ORGANIZED AND EXISTINQ UNDER THE LAWS OF KANSAS, collectfoely called BENEFICIARY and ^^CENT-BILTMORE CARLSBAD, LLC, A DELAWARE LIMITED UABILITY COMPANY, collectively called TRUSTOR and CHICAGO TITLE COMPANY, caned TRUSTEE and recorded OCTOBER 19,2004 as File No. 2004-0992203 in the Office of the Recorder of the County of San Diego, State of Califomia; and WHEREAS, said BENEFICIARY is the owner and holder of the note and other evWence of Indebtedness for vrfiich sak) Deed of Trust was given for security; and WHEREAS, ASCENT-BILTMORE CARLSBAD, LLC, A DELAWARE LIMITED Li^lUTY COMPANY,, wrtll execute and deliver or has/have ©cecuted and delivered to the County of San Diego, ^ate of Califomia, that cert^nDOCUMENT(S)fora(n) . AVIGATION EASEMENT v*lch DOCUM£NT(S) is set forth hereinafter as fotlows: SEE ATTACHMENT 1, ATTACHED HERETO, CONSISTING OF TWO (2) PAGE{S) 200M1BS^1.l»C 10F2 ^-7-2005 14:16 FROM: to ".14809988439 P.7 7.00S'-6l6^-A tiecoR OF D97-21S970 w Is. AS81'34'5rE9 .01 PETAiL;y NO SCALE NQ SCALE mi MAP B23 - RHO ROS 5715,8846, HowesWeiler & Associates LAND USE PLANNING AND CONSULTATION MEMORANDUM DATE: September 7, 2005 TO: Van Lynch FROM: Mike Howes, AlCP SUBJECT: SDP 01-01(B) Biltmore 24HR Fitness - Signed Notices of Restriction This memo accompanies two signed Notices of Restriction for the abovementioned project. One fulfills condition 21 of Plaiming Commission Resolution No. 5881 notifying all interested parties that the subject property is restricted by various discretionary permits issued by the City. The other fulfills the requirements of conditions 22 & 23 of Plarming Coimnission Resolution No. 5881 recording a notice that the property is subject to noise impacts from Palomar Airport Road and overflights from Palomar Airport. We believe that these two documents have the proper signatures to fulfill the requirements of the conditions of approval. If you need any additional infonnation, pleas feel free to contact me. 2382 Faraday Avenue, Suite 250, Office 22 . Carisbad CA 92008 Piione - 760.929.2288 Fax - 760.929.2287 STATE OF CALIFORNIA —THE RESOURCES AGENCYJ^ ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMlTOSION 1^ SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619)767-2370 www.coastal.ca.gov NOTIFICATION OF APPEAL PERIOD «AY 2005 PU«W;NC DEPARTMENT DATE: May 16, 2005 cityOf Carlsbad TO: Van Lyncli, Planner City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 FROIVI: Bill Ponder, Coastal Program Analyst RE: Application No. 6-CII-05-121 /^<^ ^( Please be advised that on May 11, 2005 our office received notice of local action on tlie coastal development permit described beiow: Local Permit #: 01-02(B) Applicant(s): Ascent-Biltmore Carlsbad LLC Description: Amendment of a site Development Plan to reduce form 12,000 sq.ft. to 85,000 sq.ft., a three story office building and a conditional use permit for a 35,000 sq.ft. fitness facility within the 85,000 sq.ft. building. Location: South Side Of Palomar Airport Road And East Of Aviara Parkway, Carlsbad (San Diego County) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on May 25, 2005. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: Ascent-Biltmore Carlsbad LLC Scott Cairns CALIFORNIA COASTAL COMMISSION City of Carlsbad Planning Department April 12, 2005 Smith Consulting Architects Scott Cairns Suite 200 12220 El Camino Real San Diego CA 92130 SUBJECT: SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 - BILTMORE (PALOMAR PACIFICA OFFICE BUILDING) The prelimi'nary staff report for the above referenced project will be sent to you via email on Wednesday, April 20, 2005, 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 April 25, 2005. A twenty (20) minute appointment has been set aside for you at 9:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your 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, vour proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613. Sincerely, DON NEU Assistant Planning Director DN:VL:bd c: File Copy Jeremy Riddle, Project Engineer 1635 Faraday Avenue • Carisbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department March 22, 2005 Smith Consulting Architects Scott Cairns 12220 El Camino Real, Suite 200 San Diego CA92130 SUBJECT: SDP 01 -01 (B)/CDP 01 -02(B)/CUP 05-04 - BILTMORE Your application has been tentatively scheduled for a hearing by the Planning Commission on May 5, 2005. However, for this to occur, you must submit the additional items listed below. If the required items are not received by April 14, 2005, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your site plans, landscape plans, building elevation plans, floor plans on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One SV2" X 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed fonn: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. 1635 Faraday Avenue • Carisbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carisbad.ca.us SDP01-01(B)/CDP01-02 March 22, 2005 Pace 2 CUP 05-04 - BILTMORE C) Mailing Labels - two (2) separate sets of mailing labels of the property owners and occupants within a 600 and 100 foot radius respectively of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt. Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Van Lynch Senior Planner VL:bd Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 BILTMORE APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: City of Carlsbad Planning Department September 16, 2004 Smith Consulting Architects Scott Cairns 12220 El Camino Real Suite 200 San Diego CA 92130 SUBJECT: PRE 04-51 - BILTMORE PACIFICA (ONE BUILDING) APN: 212-040-25-00 Thank you for submitting a preliminary review for a single building office project proposed at Palomar Airport Road and Laurel Tree Lane. The project site, an approximately 15.69 acre lot, currently is undeveloped. In response to your application, the Planning Department has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preiiminarv review does not represent an in-depth analysis of vour proiect. Additional issues of concern mav be raised after vour application is submitted and processed for a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: Planned Industrial (Pl). b. Zoning: Planned Industrial with Qualified Overlay Zone (PM-Q). c. The property is in the Coastal Zone. The Coastal land use designation and zone are the same as the general plan and zoning above. d. Property is subject to the Palomar Airport Comprehensive Land Use Plan. 2. The project requires the following permits: a. Site Development Plan Amendment (modification of site plan and building architecture) b. Planned Industrial Permit, (amendment) c. Conditional Use Permit (for health club) d. Coastal Development Permit Amendment 3. Health Clubs are permitted within the Industrial zones with the approval of a Conditional Use Permit. Staff does not foresee any issues with a health club facility at this site. Please consider the increased traffic generation for gyms which may require additional traffic studies. 1635 Faraday Avenue • Carisbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PRE 04-50 - BILTMORE PACIFICA September 16, 2004 Page 2 4. The 70 CNEL line shall be plotted on the plans to determine compatibility of the proposed uses with the Airport. Office buildings and health clubs are conditionally compatible with in the 65 to 70 CNEL range with the interior noise level attenuated to 50. A noise study shall be submitted with any applications to show compliance. 5. The project will be conditioned to record avigation easements for the over flight of aircraft. 6. Subsequent to the formal submittal of a development application, the City of Carlsbad will submit the project to the Airport Land Use Commission for a determination of consistency with the airport land use plan. Answers to specific questions. 1. The City would honor the same open space and riparian corridor setbacks from the previous SDP project (SDP 01-01). 2. The single building plan would probably process a Mitigated Negative Declaration as in the original approval. Any agreements outside of the Mitigated Negative Declaration, whether private or with other agencies, is outside ofthe City's purview. 3. See Engineering Comments. 4. The City will require the relinquishment of access, except for emergency purposes, to Palomar Airport Road. Please see the Fire Departments comments on the emergency access way. 5. Any subdivision, whether land or airspace, would be processed through the Non- Residential Planned Development Ordinance (Chapter 21.47 of the CMC)) All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or on line at www/ci.carlsbad.ca.us. You may access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select city services; select city departments; select Planning. Please review all information carefully before submitting. Engineering: Engineering Department staff has completed a preliminary review of the above subject. For the applicant's benefit we have broken down our issues into two sections. The first section identifies "Significant Issues" and the second section lists "General Issues". Prior to formal application submittal, it is suggested the following items are adequately resolved/addressed: Significant Issues 1. In order to comply with Carlsbad's Standard Urban Stormwater Management Plan (SUSMP), the applicant must prepare a Storm Water Management Plan (SWMP) to: a) Identify existing and post-development on-site pollutants-of-concern. PRE 04-50 - BILTMORE PACIFICA September 16, 2004 Page 3 b) Identify the hydrologic unit this project contributes to and impaired water bodies that would impacted by this project. c) Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way d) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. e) Ensure long-term maintenance of all post construction BMPs in perpetuity. f) Provide hydraulic/hydrologic calculations to verify that numeric sizing criteria is met for filtration/treatment of the site. g) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 2. Provide a conceptual grading plan indicating existing and proposed contours, cut and fill quantities, and proposed site improvements. It is not possible to evaluate the proposed grading based on the information submitted. 3. Provide dimensions to clarify location of right-of-way along property frontage. 4. Depict the extent of all existing improvements on Laurel Tree Road and Palomar Airport Road and all proposed improvements that are required to serve this project. ,5 ^igr-Qvide^^uBiiminary^eotecbDicaLstLidyJhatJdentifies feasibility and recommendations for the proposed development as it relates to the site. Address limits of remedial grading required, if any. 6. A Traffic Impact Analysis will be required to address impacts to roadways and intersections resulting from the proposed development. "Fair Share" contributions toward future improvements may be required. 7. Indicate all existing and proposed utilities that will serve the development. Depict looping of public water facilities from Laurel Tree Lane to Palomar Airport Road. Indicate gravity flow of sewer facilities via invert elevations. The submitted plan does not depict any facilities. 8. Revise the site plan to depict truck turning radii to facilitate access for CALTRANS Vehicle 407E as noted on the plans. 9. Verify that emergency vehicles will be able to access the project at the proposed location as noted on the plans. 10. Revise the site plan to depict drive aisle and parking stall dimensions. 11. Revise the site plan to depict the relinquishment of access rights to and from Palomar Airport Road. 12. Provide a preliminary hydrology study that identifies the development discharge flows and preliminary recommendations on the anticipated storm drain infrastructure required as part ofthe development. ^C PRE 04-50 - BILTMORE PACIFICA September 16, 2004 Page 4 13. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, sprinklering, emergency turn-arounds, etc.). General Issues 1. Please be advised that in order to make a more in-depth review of the proposed development, a more complete design of the project is required. 2. Provide multiple cross-sections of the site to demonstrate differences in grade, especially as it relates to adjacent properties. 3. Add symbols to the plans to identify the difference between existing and proposed improvements. 4. Indicate all existing and proposed surface improvements (curb, gutter, sidewalk, paving, access-holes, inlets, power poles, street lights, adjacent driveways, vaults, transformers, etc.) along the property fronting Palomar Airport Road and Laurel Tree Lane, and verify that no conflicts exist. 5. Show all drainage patterns for the site. Provide sufficient detail to indicate how on- site surface runoff is controlled and treated prior to discharging offsite and/or into public facilities. Identify the location, alignment, and discharge of any proposed drainage system. 6. Provide a typical cross section of existing Palomar Airport Road and Laurel Tree Lane, depicting existing right-of-way dimensions and surface improvements. ~T. Dhdei^r^hding^ M ex^^ project site will be required. 8. If slopes or grading is proposed off-site, a private slope easement must be obtained from the adjacent property owner. 9. Show proposed driveway grades and widths on the site plan. 10. Show all existing fire hydrants within 300' of the project boundary. 11. A recent Preliminary Title Report (PR) issued within 6 months of formal application submittal will be required for the proposed project. 12. If there are existing easements that are not plotted on these plans, there may be significant changes to this proposed concept in order to avoid conflicts. 13. All easements and encumbrances as identified in Schedule "B" of the PR must be indicated on the site plan. The future disposition of any easements and encumbrances must also be identified. 14. This preliminary review does not constitute a complete review of the proposed project and additional items of concern may be identified upon formal project application submittal. 15. This project will require a grading permit. This process is required after tentative map approval and takes approximately 3-4 months to complete. 16. Address all other redline comments as noted on the plans. PRE 04-50 - BILTMORE PACIFICA September 16, 2004 Page 5 A redlined check print is enclosed for the applicants use in making the requested revisions. This check print should be returned with the formal application submittal to facilitate continued staff review. Fire: 1. Emergency access lane must be designed so that the fire apparatus can make the right turn without entering the inside lane of Palomar Airport Rd. 2. Bollards shall be placed a minimum of 40 feet inside the access lane to allow the fire apparatus to stage off of Palomar Airport Rd. to remove bollards. 3. All buildings equal to or greater than 10,000 sq.ft. shall be equipped with automatic fire sprinklers. 4. Provide the fire department with a plan showing all proposed and existing fire hydrants within 300 feet of the project. 5. Building to be equipped with a knox box. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Van Lynch at the number below. You may also contact each department individually as follows: • Planning Department comments: Van Lynch, Senior Planner, at (760) 602-4613. •—Engi neer ing^^epartmen^^ornfflents^Tafnar-a"<)^Nea^H^^•^ject-Er Development Services, at (760) 479-4509. • Fire Department comments: Colleen Balch, Fire Inspections, at (760) 602-4666. Sincerely, DON NEU Assistant Planning Director DN:VL:bd c: Michael J. Holzmiller Chris Decerbo Jeremy Riddle Fire Prevention - C. Balch Bill Plummer File Copy Data Entry SEP-10-2004 14=24 760 632 8710 760 632 8710 P.02 CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge Avenue San Diego. Califomia 92123 Notification 115-2002-0128 AGREiEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into betwveen the State of California, Department of Fish and Game, hereinafter called the Department, and Mr. Paul Holling represcinting Pacifica Enterprises Island Realty. L.L.P. 5505 Cancha de Golf. Rancho Santa Fe. CA 92Q91. (8581755-0216. and Mr. James McCann representing Kellv/JRM Palomar Airport Road I. LLC. 1040 S. Andreasen Drive. Suite 200. Escondido. CA 92029. (7601781-53Q0. State of Cali brnia . hereinafter called the Operator, is as follows: WHEREAS, pursuant to Section 1603 of Califomia Fish and Game Code, the Operator, on the 8^ day of April. 2002. notified the Department that they intend to divert or obstruct the r atural flow of. or change the bed, channel, or bank of. or use material from the streambe J(s) of. the following waterfs): Encinas Creak, tributary to the Pacific Ocean. San Dlego County, Califomia, Section - Township 12S Ranoe 4W USGS Map: Encinitas WHEREAS, the Department (represented bv Tamara Spear throuph a site visit on the 14th day of November, 2002) has detennined that such operations may substantially adversely affect those existing fish and wildlife resources within the streambed of. Encinas Craitik. tributary to tha Pacific Ocean. San Diego County specifically identified as fullowsr Birds: least Bell's vireo (Vireo be/lli ousIUus). southwestern willow ilycatcher {Empidonax trailli extimus). vellow-breasted chats (Icteria virens). vellow warblers (Dendroica petechia), coastal Califomia gnatcatcher (Polioptila californica californica). Cooper's hawk (Accipiter cooperii). red-shouldered hawk (Buteo lineatus). cliiif sv/ailow (Petrochelidon ovrrhonota fach/na). westem scrub-iav (Aphelocoma califomica). Winentit (Chamaea fasciata hen^awi), veltow-rumoed vtfarfaler(Oenfl>rp/ca coronata). yel'ow wartiler (Dendrofca petechia), black-thnaated orav warbler (Dendro/ca niqrescens). MacGillivrav's warbler (OPO/P/TI/S tolmiel). oranae-crowned warialer (Vermivora celata). Nashville v^arfaler (Vemi/vora nificaoilla). Wilson's warbler fWiisonia pusilla). common vellowthroat (Geothvlpis trichas), spotted towhee (P/p//o maculatus). American crov!^ (Corvus brachvrhvnchos hesPeris). common raven (Corvus corax\ song sparrow (Melcspiza melodia). Lincoln's sparrow (Melospizm lincolnii). white-crowned sparrow (Zonotrichia leucoohrvs). lazuli bunting (Passerina amoena). black-headed grosbeak (Pheucb'cus melanoceohalus). northem oriole (Icterus aalbula), mourning dove (Zenaida maaxjura). California tovtfhee fP/p//o crissalis), Anna's humminabird (Calvote anna). NuttaU's woodpecker (Picoides nuttallii). black ohoebe (Savom/s nigricans). Cassln's kingbird (Tvrannus vociferans). westem kingbird (Tvrannus verticalis). bushtit fPsaltriparus /g/n/musV lesser ookifinch (Cardue/fe psaltria). house finch f Carpodacus" me;rfcanug), house wren (Troglodytes aedan), Bewick's wren (T?Trvomanes bewickii\ northem mQckinobird (Mimus oolvahttos). California thrasher (Toxostoma redivivum). European star inp (Stumus vulgaris): Amphibians: Pacific chonjs frog (Pseudacris reaHla): Reptiles: westem fence Hzard (Scelopomus occidentalis). side-blotched lizard (Uta stansburi^na). common gopher snake (Pituophis melanoleucus). westem n^ttlesnake (Ciotalus sriridis): IWamttials: desert cottontail (S]4vilaaus audobani) Califomia aroimd squirrel (Soenmophilus beeche)^: Plants: Orcutfs spineflower (Chorizanthe crcuttiana\ San Dleoo thommint (Acanthomintha ilidfoHa). thread-leaved brodiaea (Brodiaea ffl/fo/ZaMndudino the freshwater marsh, southem vtfillow sarub and sumoundinq scutRem mixed chaparral. Dieoan roastal sage scrub, native grassland, non- Page 1 of 7 ic;wnn w(nnQ c,^a 6SZt.Z9t.8sa sz:£X vmzmm SEP_10-2004 14=24 760 632 8710 760 632 8710 P.03 ••^ "•• /-—• STREAMBED ALTERATION AGREEH/!ENT#R5-2002^128 native grassland and developed land which orovide habitat for such species in the area. THER EFORE, the Department hereby pnaposes measures to protect fish and wildlife resot rces during the Operator's wori«. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification spedfied above this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650. 5652, 5937, and 6948» may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or tocal laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement ofthe proposed operation, or assure the Dfipartmenf s concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates December 31.2005 for oroiect construction only. This Agreement shall remain in effect for that time necessary to satisfy the temis/condifions of this Agreement 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by tl iis Agreement shall be subject to sepiarate notification pursuant to Fish and Game Code f Jections 1600 et seq. Project Location and Description: 2. The OperEftor proposes to alter the streambed of Encinas Creek, tributary to the Pacific Ocean. San Diego County to accommodate the construction ofthe Pacifica Palomar Commerciai Development Project. The project impact a total of 0.32 acre of streamt)ed. Project activity includes construction of a three story office building, improvement* to the existing Laurel Tree Road, installation of a 140" x 65' triple box culvert, the e^denslon of drainage fadlities from Palomar Airport Road to proposed detention basins, frontage improvements on Palomar Airport Road, and the installation of a storm water detention basin along the southern edge ofthe proposed office building. The project at'io includes a dtywide trail segment along the southem edge of the development, however there are no wetland Impacts associated with the trail. The project is located south and adjacent to Palomar Airport Road and east of Aviara Parkway in tho City of Carisbad, San Diego County. 3. The agree<.J work includes activities associated with No. 2 above. The project area is Encinas Craek. tributary to the Pacific Ocean. San Diago County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the OperatDr, including a "Negative Declaration for the Pacifica Palomar Project" dated July 5, 2001 a "Preseiice/AbseDCfl Survey^f-Least-BeljXyireQ'l.^jjtepared by Dudek and Associates, dated/Jurie 26.2003; a "Biological Conditions and Constraints at the Pacific Enteipri5erSI:e'. prepared "ByPeliXrdatedMarch 13,2001; and shall be implemented as proposed unless directed differently by this agreement. Page 2 of 7 SEP-10-2004 14:25 760 632 8710 760 632 8710 P.04 STREAtMBED ALTERATION AGREEIViENTI!^R5-2002^128 4. The Operator shall not impact more than 0.32 acre of jurisdictional streambed. Of these impacis, 0.20 are permanent and 0.12 are temporary, comprised of 0.21 acre southem willow scrub, 0,06 freshwater marsh, and 0.05 acre culverted streambed. Mitipatlon: 5. Permanent wetiand impacts shall be mitigated at a 3:1 ratio for southem willow scrub, 2:1 for freshv/ater marsh and 1:1 for impacts to culverted waters. Temporary Impacts shall be mitigated by restoring the streambed to preconstmction contours and revegetating Mth appropriate native wetiand plants. In addition, 0.10 acre of wetiands shall also be enhanced. All mitigation shall occur on-site along the far eastem property boundary within Encinas Creek. Sun nmary of Wetland Mitigation Requirements for the Pacifica (Alomar Project Wetland habitat Impacts (acres) Ratio Mitigation acreage required Description of mitigation permanent-SV/S 0.11 3:1 0.33 1:1 creation of SWS. and 2:1 maybe enhancement of SWS permanent-FWM 0.04 2:1 0.08 1:1 creation FWM, and 1:1 maybe enhancement FWM permanent-CW 0.05 1:1 0.05 1:1 enhancement of wetland habitat Permartent impacts/Mitigation requirad 0.2Q 0.46 Temp-FWM 0.02 1:1 0.02 1:1 recontourand revegetate Temp-SWS 0.10 2:1 0.20 1:1 recontour and revegetate 1:1 enhancement of wetiand habitat Temp Impacts/Mltlgation raquired 0.12 0.22 Total Impacts/Mitlgsition raqtlirad 0.32 0.6S 0.32 acre creation. 0.26 acre enhancement, 0.10 aoe restoration All on-site rev^jgetation shall be installed no later than March 31. 2006. 6 The Operator shall mitigate at a minimum 6:1 ratio for impacts beyond those authorized in tills Agreenrient. In the event that additional mitigation Is required, the type of mitigation shall be detennined by the Department and may include creation, restoration, enhancement and/or preservation. 7. The Operator shall submit for Depart;ment approval, witiiin 90 days of signing this agreement, a Final Revegetation, Mitigation and Monitoring Plan for the 0.68 acre of on- site restoratior. The Final Revegetation/Mitigation plan shall be prepared by persons with expertise in southem Califomia ecosystems and native plant revegetation techniques. Page 3 of 7 I soon Hinos sda SEP'lB-2m4 14:25 760 632 8710 760 632 8710 P.0S STREAMBED ALTERATION AQREEMENTtfR5-20024>128 The plan sh all include at a minimum: a) the location of the mitigation site; b) the plant species to bs used, container sizes, and seeding rates; c) a schematic depicting the mitigation area; d) planting schedule; e) a description ofthe imgation methodology- f) measures to control exotic vegetation on-site; g) specific success criteria; h) a detailed monitoring program; 1) contingency measures, should the success criteria not be met; and j) identification of the party responsible for meeting the success criteria and providing for conservatior ofthe mitigation site in perpetuity. Department approval of that plan is required prior to project initiation/Impacts. Vegetation, Revepetation and Restoration: 8. All mitigalion planting shall have a minimum 100% sundval the first year and 80% survival thereiafter and/or shall attain 75 % cover of native wetiand species after 3 years and 90% cover of native wetland species after 6 years. If the sunflVal and cover requirements have not been met. the Operator Is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored witti the same survival and ijrowth requirements for 5 years after planting. At the completion of the monitoring period, the mitigation site shall have received NO supplemental imgation for a period of two consecutive years, nonnative plants shall not make up more than 5% of the entire cover cfthe site, no more than 5% ofthe site shall consist of bare ground and site shall be free of Invasive exotic plants species. 9. All planting should be done t>etween October 1 and April 30 to take advantage ofthe winter rainy ssason. 10. An annual report shall be submitted to tiie Departinent by January 1 of each year for 5 years afer tile on-site restoration/planting. This report shall include the survival and percent cover. The number by species of plants replaced, an overview of the revegetation effort, and th& method used to assess these parameters shall also be included along with photos from designated photo stations. Work Period and Time Limits: 11. The Operator shall not remove vegetation from within the stream from Febmary15 to September If: to avoid impacts to nesting birds. Habitat Protection: 12. The Opehcitor shall have a qualified biologist onsite daily during any impacts to vegetation fof the purpose of monitoring and enforcing conditions of this agreement. 13. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas witii little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other woric trails to control erosion. 14. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. Structures: 15. This Agreement does not authorize the construction of any temporary or permanent Page 4 of 7 iS^DD Hinos 9da " 66Zt.l9t.asa 6S-£T t>003/eX/60 SEP-10-2004 14:25 760 632 8710 760 632 8710 P. 06 STREAMBED ALTERATION AGREEMENT#R5-2002-0l28 dam, structure, flow restriction or fill except as described In the Operator's notification. Equipment aind Access: 16. No equipment shall be operated in ponded or flowing areas. 17. Staging/iJtorage areas for equipment and materials shall be located outside ofthe stream. 18. Access td tiie work site shall be via existing roads and access ramps. 19. Any equipment or vehicles driven and/or operated within or adjacent to the stream shall be checked and maintained daily, to prevent leaks of materials tiiat if introduced to water could be deleterious to aquatic life. 20. The cleati-up of all spills shall begin immediately. The Department shall be notified immediately tiy the Operator of any spills and shall be consulted regarding clean-up procedures. Turt3idity/Sil1 ation: 21. Water containing mud. silt or other pollutants from aggregate washing or otiier activities shal not be allowed to enter a lake or flowing stream or placed in locations that may be subje^ed to high storm flows. Pollution. Litter and Cleanup: 22. The Opeicitor shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 23. Spoil site s shall not be located within a stream, where spoil could be washed back into a stream, or where it could cover aquatic or riparian vegetation. 24. Raw cemant/conorete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials, placed within or where they may enter a streani/lake, by Operator or any party working under contract, or with the permission ofthe Operator, shall be removed immediately. 26. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, cjr associated activity of whatever nature shall be allowed to enter into or placed wh^ t may be washed by rainfall or runoff Into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the wDri< area. No rubbish shall be deposited within 150 feet of the high water marie of any stream or lake. 26, No equipnent maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. Page 5 of 7 SEP-10-2004 14:26 760 632 8710 760 632 8710 P.07 STREAMBED ALTERATION AGREEMENT#R5>2002-0128 Other: 27. The Operator shall provide a copy of this Agreement to all contractors, subcontnactons, and the Operator's project supervisors. Copies ofthe Agreement shall be readily available at work sites at ali times during periods of active work and must be pre sented to any Department personnel, or personnel from another agency upon demand. 28. The Department reserves the right to enter the project site at any time to ensure compliance with temis/condltlons of this AgreemenL 29. The Operator shall notify the Department, In writing, at least five (5) days prior to Initiation oi construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shaii be sent to the Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear 30. It is understood the Department has entered into tills Streambed Alteration Agreement tor purposes of establishing protective features for fish and wildlife. The decision to proceed with the project Is the sole responsibility of the Operator, and Is not required by this agreement it Is further agreed all liability andlor Incurred cost related to o^^ arising out ofthe Operator's project and the fish and wildlife protective conditions oif this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of Califomia and the Department of Fish and Game against any related claim made by any party or parties for personal Injury or any other damages. 31. The Operator may request one extension of this agreement prior to its termination, subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 office at the above address. If ttie Operator fails to request the extension prior to the agreement's termination, then the Operator shall submit a new notification ith fees and required information to the Department. Any activities conducted under an expired agreement are a violation of Fish and Game Code Section 1600 et seq. 32. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Dep?irtment detennlnes tiiat the infomiation provided by the Operator in support of the Notification/Agreement is incomplete or Inaccurate; b. The Depiiirtment obtains new information that was not known to it in preparing the terms and conditions ofthe Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department detemiines tf^at project activities will result in a substantial adverse effect on the environment. 33. Before any suspension or cancellation of the Agreement, the Department will notify the Operator n v/riting of the circumstances which the Department believes warrant suspension o - cancellation. The Operator will have seven (7) working days from the date of receipt of tills notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shal! immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time w^en the Department notifies the Operator in writing that adequate methods and/or measures have Page 6 of 7 SFP-10-2004 14:26 760 632 8710 760 632 8710 P.08 STREAMBED ALTERATION AGREEMENT#R5.2002-0128 been identifisd and agreed upon to mitigate or eliminate the significant adverse effect. CONCURRENCE Padfica Ent<-jrprises Island Realty, L.L.P. (signature) Mr. Paul Holling (titie] ^RM Pii lomar Airport Road 1, LLC Califomia Dept. of Fish and Game (signature) (date) CF. Ravsbroolc. Regional Manager (title) Page 7 of 7 TOTPL P.08 SEP-10'-2004 14:24 760 632 8710 760 632 8710 P.01 &ASS0C1ATES A Californin C»r)i»ralilill Corporate Office: 760.942.5147 605 Third Street Fax 760.632.0164 Encinitas, CA 92024 To: Ali Shapouri, Shapouri & Associates Joe Fogarty/James McCann, JRMC Reai Estate FAX TRANSMITTAL DATE: 10-Sep-04 I JOB NO. 3223-02 RE: Pacifica Palomar Improvements Project Fax#: (858)756-8344 (760) 781-5333 COPIES 1 PATE NO. DESCRIPTION Final Streambed Alteration Agreement - Pacifica Palomar THESE ARE SENT as checked beiow: For approval X For your use X As requested Other For review and comment Remarks: Attached please find the final streambed alteration agreement for the Pacifica Palomar project. This agreement is being sent to you ail via regular mail for your files. In the mean time, here is the faxed version, if you have any questions please let me l<now. Thanks and have a terrific weekend! A total of 8_pages are being transmitted, including this transmittal sheet. If you do not receive all of the pages or if this fax is received in error, please notify Dudek & Associates, Inc. at the phone number listed above. Copy to: Signed: Tricia Wotipka, Biologist inlnni<5t ' California Regional Water Quality Control Board Terry Tamminen Secretary for Environmental Protection San Diego Region Internet Address: http://www.swrcb.ca.gov/rwqcb9/ 9174 Sky Park Court, Suite 100, San Diego, Califomia 92123 Phone (858) 467-2952 • FAX (858) 571-6972 Arnold Schwarzenegger Governor Action on Request for Clean Water Act section 401 Water Quality Certification and Waiver of Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials PROJECT: Pacifica Palomar (Laurel Tree Lane Public) Improvements Project (File No. 02C-047) APPLICANTS: Pacifica Enterprises Island Realty, L.L.P Attn: Paul Holling 5505 Cancha de Golf Rancho Santa Fe, CA 92091 ACTION: Kelly/JRM Palomar Airport Road I, LLC Attn: James McCann 1040 S. Andreasen Dr., Suite 200 Escondido, CA 92029 • Order for Low Impact Certification • Order for Denial of Certification • Order for Technically-conditioned Certification STANDARD CONDITIONS: Waiver of Waste Discharge Requirements The following three standard conditions apply to all certification actions, except as noted under Condition 3 for denials (Action 3). 1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the Califomia Water Code and section 3867 of Titie 23 of the Califomia Code of Regulations (23 CCR). 2. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and the Califomia Environmental Protection Agency The energy challenge facing Califomia is real. Every Califomian needs to take immediate action to reduce energy consumption. For a list of. simple -ways you can reduce demand and cut your energy costs, see our Web-site at htlp.VAvww.swrcb.ca.gov. Recycled Paper File No. OOC-105 application specifically identified that a FERC license or amendment to a FERC Ucense for a hydroelectric facility was being sought. 3. The validity of any non-denial certification action (Actions 1 and 2) shall be conditioned upon total payment of the full fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agency. 2 of 11 File No. 02C-047 ADDITIONAL CONDITIONS: In addition to the three standard conditions, Pacifica Enterprises Island Realty, LLP and Kelly/JRM Palomar Airport Road I, LLC (Applicants) shall satisfy the following: A. GENERAL CONDITIONS 1. Applicants shall, at all times, fully comply with the engineering plans, specifications and technical reports submitted with this application for 401 Water Quality Certification and all subsequent submittals required as part of this certification. 2. Applicants shall comply with the requirements of State Water Resources Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction Activity. 3. Applicants shall maintain a copy of this certification at the project site so as to be available at all times to site personnel and agencies. 4. Prior to the start of the project. Applicants shall educate all personnel on the requirements in this certification, pollution prevention measures, spill response, and requirements contained in the Storm Water Pollution Prevention Plan developed for the project. 5. Applicants shall notify the Regional Board within 24 hours of any unauthorized discharge to waters of the U.S. and/or State; measures that were implemented to stop and contain the discharge; measures implemented to clean-up the discharge; the volume and type of materials discharged and recovered; and additional BMPs or other measures that will be implemented to prevent future discharges. 6. Applicants shall, at all times, maintain appropriate types and sufficient quantities of materials onsite to contain any spill or inadvertent release of materials that may cause a condition of pollution or nuisance if the materials reached a waters of the U.S. and/or State. 7. This Certification is not transferable to any person except after notice to the Executive Officer of the San Diego Regional Water Quality Control Board (Regional Board). The applicant shall submit this notice in writing at least 30 days in advance of any proposed transfer. The notice must include a written agreement between the existing and new owner containing a specific date for the transfer of this Certification's responsibility and coverage between the current discharger and the new discharger. This agreement shall include an acknowledgement that the existing owner is liable for compliance and violations up to the transfer date and that the new owner is liable from the transfer date on. 8. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean 3 of 11 File No. 02C-047 Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. 9. In response to a suspected violation of any condition of this certification, the Regional Water Quality Control Board (RWQCB) may require the holder of any permit or license subject to this certification to fumish, under penalty of perjury, any technical or monitoring reports the RWQCB deems appropriate, provided that the burden, including costs, of the reports shall be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. 10. In response to any violation of the conditions of this certification, the RWQCB may add to or modify the conditions of this certification as appropriate to ensure compliance. B. POST CONSTRUCTION STORM WATER MANAGEMENT 1. At a minimum, the Applicants shall implement and maintain structural post-construction Best Management Practices in compliance with section F.l.b.2 of Regional Board Order 2001-001 including, but not Umited to, the instaUation and maintenance of a detention basin located between the developed area of the project and the 50' buffer along Encinas Creek, to treat and reduce pollutants in runoff from the Palomar Airport Road drainages, parking areas, and commercial buildings area prior to discharge into the mitigation areas or municipal separate storm sewer systems. C. MITIGATION 1. Applicants shall implement the provisions of the Conceptual Wetiand Mitigation and Monitoring Plan for the Laurel Tree Lane Public Improvements Project, City of Carlsbad, CaUfomia dated February 2004 including the creation/enhancement of 0.04 acres of Southem WiUow Scrub, and the creation of 0.010 acres of Freshwater Marsh. Implementation of the Conceptual Wetland Mitigation and Monitoring Plan shall include each of the requirements specified in the Conditions 2-8 of this certification. 2. Within 90 days of the issuance of this certification. Applicants shall provide a draft preservation mechanism (e.g. deed restriction, conservation easement, etc.) that will protect all mitigation areas and their buffers in perpetuity. The conservation easement or other legal limitation on the mitigation property shall be adequate to demonstrate that the site will be maintained without future development or encroachment on the site or which could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the U.S. that it supports. The conservation easement or other appropriate legal limitation shall prohibit, without exception, all residential, commercial, industrial, institutional, and transportation development, and any other infrastmcture development that would not maintain or enhance the wetiand functions and values of fhe site. Other infrastmcture development to be prohibited includes, but is not limited to, 4 of 11 File No. 02C-047 additional utility lines, paved maintenance roads, and areas of maintained landscaping for recreation. Applicants shall submit proof of a completed preservation mechanism within one vear of issuance of this certification. 3. Applicants shall notify the Regional Board in writing at least 10 days prior to actual start dates for grading, mitigation installation, and completion of mitigation installation. 4. Applicants shall submit a report (including topography maps and planting locations) to the Regional Board within 90 days of completion of mitigation site preparation and planting, describing as-built status of the mitigation project. If the site grading and planting are not completed within six weeks of each other, separate reports will be submitted describing those specific as-built conditions. 5. The constmction of proposed mitigation shall be completed within the same calendar year as impacts occur, or at least no later than 9 months following the close of the calendar year in which impacts first occur (e.g., if impacts occur in June 2003, constmction of mitigation for all impacts must be completed no later than September 2004). 6. Mitigation areas shall be maintained free of perennial exotic plant species including, but not limited to, pampas grass, giant reed, tamarisk, sweet fennel, tree tobacco, castor bean, and pepper tree. Annual exotic plant species shall not occupy more than 5 percent of the onsite or offsite mitigation areas. 7. If at any time during the implementation and establishment of the mitigation area(s), and prior to verification of meeting success criteria, a catastrophic natural event (e.g., fire, flood) occurs and impacts the mitigation area. Applicants shaU be responsible for repair and replanting of the damaged area(s). 8. Mitigation monitoring reports shall be submitted annually until mitigation has been deemed successful. Monitoring reports shall be submitted no later than 30 days following the end of the monitoring period. Monitoring reports shall include, but not be limited to, the following: a) Names, qualifications, and affiliations of the persons contributing to the report; b) Tables presenting the raw data collected in the field as well as analyses of the physical and biological data; c) Qualitative and quantitative comparisons of current mitigation conditions with pre-constmction conditions and previous mitigation monitoring results; d) Photodocumentation from established reference points; e) Survey report documenting boundaries of mitigation area; and f) Other items specified in the draft and final Wetiand Mitigation and Monitoring Plan. 5 of 11 File No. 02C-047 D. REPORTING 1. All information requested in this Certification is pursuant to Califomia Water Code (CWC) section 13267. Civil liability may be administratively imposed by the Regional Board for failure to fumish requested information pursuant to CWC section 13268. 2. All apphcations, reports, or information submitted to the Regional Board shall be signed and certified as follows: "7 certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 3. Applicants shall submit reports required under this certification, or other information required by the Regional Board, to: Executi-ve Officer Califomia Regional Water Quality Control Board San Diego Region Attn: 401 Certification; File No 02C-047 9174 Sky Park Court, Suite 100 San Diego, Califomia 92123 PUBLIC NOTIFICATION OF PROJECT APPLICATION: On April 15, 2002, receipt of the project apphcation was posted on the SDRWQCB Intemet website to serve as appropriate notification to the public. REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON: David W. Gibson Califomia Regional Water QuaUty Control Board, San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123-4340 858-467-4387 GIBSD@RB9.SWRCB.CA.GOV 6 of 11 File No. 02C-047 WATER QUALITY CERTIFICATION: I hereby certify that the proposed discharge from the Pacifica Palomar Improvements Project (File No. 02C-047) wiU comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water QuaUty Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307, ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. This discharge is also regulated under Califomia Regional Water Quality Control Board, San Diego Region, Waiver of Waste Discharge Requirements (Waiver PoUcy) No. 17. Please note that this waiver is conditional and, should new information come to our attention that indicates a water quality problem, the regional Board may issue waste discharge requirements at that time. Except insofar as may be modified by any preceding conditions, all certification actions are contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the applicants' project description and/or on the attached Project Information Sheet, and (b) on compliance with all applicable requirements of the Regional Water Quality Control Board's Water Quality Control Plan (Basin Plan). Johri/H. Robertus Date Exejcutive Officer Regional Water Quality Control Board Attachments: 1. Project Information 2. Distribution List 6 of 9 Attachment 1 File NO.02C-047 Applicant: ATTACHMENT 1 PROJECT INFORMATION Pacifica Enterprises Island Realty, L.L.P. Attn: Paul Holling 5505 Cancha de Golf Rancho Santa Fe, CA 92091 (858) 755-0216(858) 755-1687 (f) KeUy/JRM Palomar Airport Road 1, LLC Attn: James McCann 1040 S. Andreasen Dr., Suite 200 Escondido, CA 92029 (760) 781-5300 (760) 781-5333 (f) Applicant Representatives: Ms. Tricia Wotipka Dudek and Associates, Inc. 605 Third Street Encinitas, CA 92024 Project Name: Pacifica Palomar (Laurel Tree Lane Public) Improvements Project (File No. 02C-047) Project Location: Type of Project: Project Description: The proposed project is located just south of the Palomar Airport Road/Avira Parkway intersection within USGS Encinitas Quadrangle: Township 12 South; Range 4 Wst.. Comercial Development Pacifica Enterprises Island Realty, L.L.P and Kelly/JRM Palomar Airport Road I, L.L.C. proposes to construct 120,000 square foot, three story, office buUding with 385 surface and 104 underground parking spaces on approximately 16 acres adjacent to Encinas Creek and Palomar Airport Road. The project includes improvements to the existing Laurel Tree Road; the installation of a 140'x 65' triple box culvert; the extension of drainage facilities from Palomar Airport Road to proposed detention basins; and the installation of a detention basin along the southem edge of the proposed office building. Federal Agency/Permit: U.S. Army Corps of Engineers Nationwide Permit 39 Other Required Regulatory Califomia Department of Fish and Game Streambed Alteration Agreement Approvals: Califomia Environmental The City of Carlsbad approved a Mitigated Negative Declaration on Quality Act (CEQA) September 19, 2001. Sof 11 Attachment 1 File No.02C-047 Compliance: Receiving Water: Encinas Creek 9 of 11 Attachment 1 File NO.02C-047 Impacted Waters of the United States: The proposed project will pennanently impact 0.02 acres of Southem Willow Scrub and 0.04 acres of Freshwater Marsh and 0.05 acres of waters of the United States currently contained in culverts. The project includes temporary impacts to 0.01 acres of southern willow scrub and 0.02 acres of freshwater marsh. Total permanent impacts to jurisdictional waters is 0.11 acres and temporary impacts are 0.03 acres. Dredge Volume: Related Projects Implemented/to be Implemented by the Applicant(s): Approximately 323 cubic yards None. Avoidance/Minimization Measures: None. Compensatory Mitigation: Mitigation will include the enhancement of 0.04 acres of southem willow scrub, creation of 0.02 acres of southem wUlow scmb, and creation of 0.08 acres of freshwater marsh. Total mitigation acreage will be 0.14 acres. Best Management Practices: Installation of a detention basin, grease and oil separators, and a 50' buffer area along Encinas Creek located south of the detention basin. 10 of 11 Attachment 2 File No. 03C-119 ATTACHMENT 2 DISTRIBUTION LIST Terry Dean U.S. Army Corps of Engineers Regulatory Branch 16885 W. Bernardo Dr., Suite 300 A San Diego, CA 92127 (858) 674-5388 (fax) Ms. Tricia Wotipka Dudek and Associates, Inc. 605 Third Street Encinitas, CA 92024 State Water Resources Control Board Division of Water Quality 11 of 11 me City of Carlsbad Planning Department* A REPORT TO THE PLANNING COMMISSION Item No. ® Application complete date: May 4, 2005 P.C. AGENDA OF: May 4, 2005 Project Plaimer: Van Lynch Project Engineer: Jeremy Riddle SUBJECT: I. SDP 01-01(BVCDP 01-02(BVCUP 05-04 - BILTMORE (PACIFICA PALOMAR OFFICE BUILDING) - A request for a Site Development Plan Amendment and Coastal Development Permit Amendment to reduce the size of a previously approved 120,000 square foot, three story office building to 85,000 square feet and a Conditional Use Permit to allow a fitness facility on a 15.69 acre site located adjacent and on the south side of Palomar Airport Road and east of Aviara Parkway in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 5. RECOMMENDATION That the Plaiming Commission ADOPT Planning Commission Resolutions No. 5881, 5882, and 5883 APPROVING Site Development Plan Amendment SDP 01-01(B), Coastal Development Permit Amendment CDP 01-02(B) and Conditional Use Pemiit CUP 05-04 based on the fmdings and subject to the conditions contained therein. II. INTRODUCTION The application request is for the constmction of an 85,000 square foot, three-story office building with a 35,000 square foot groimd floor fitness center proposed on the south side of Palomar Airport Road and east of Aviara Parkway. III. PROJECT DESCRIPTION AND BACKGROUND On September 19, 2001 the Planning Commission approved the Site Development Plan (SDP 01- 01) and Coastal Development Permit (CDP 01-02). On October 1, 2003 the Planning Commission extended the approval of the SDP (SDP 01-01 (A)) and on October 2, 2003 the Planning Director extended the approval ofthe CDP (CDP 01-02(A)) to permit a 120,000 square foot, three-story office building located on the south side of Palomar Airport Road and east of Aviara Parkway. This proposed SDP and CDP amendment is to reduce the size of the building to 85,000 square feet and a request for a Conditional Use Permit (CUP 05-04) to allow a 35,000 square foot fitness facility on the ground floor. The project's site plan remains very similar to the original approval. The site is accessed from an extension of Laurel Tree Lane via Aviara Parkway. The building is situated in the center of the lot with parking provided in the fi"ont and on the west and east sides of the building. The southem third of the property contains Encinas Creek and its associated sensitive habitats and wetland buffer. The building faces, but does not have access to, Palomar Airport Road. A minor subdivision is proposed to create a separate lot for the open space portion ofthe project to allow SDP 01-01(B)/CDP 01-02(^^UP 05-04 - BILTMORE (PACIFIG^ALOMAR OFFICE BUILDING) May 4, 2005 Page 2 the open space lot to be later owner and managed by a separate entity for Habitat Management Plan compliance. The Minor Subdivision is an administrative permit and will be acted on by the City Engineer after Planning Commission's decision on the applications. The original approval was for a 120,000 square foot three-story office building with a primary entrance in the front center of the building. The proposed 85,000 square foot building is two and three stories with main entrances located in the center and northwesterly comer of the building, the office and fitness center entrances respectively. The fitness facility will occupy the first floor, or 35,000 square feet. The second and third floors would be office space with a total of 50,000 square feet. The revised plan reduces the eastem quarter of the building to a tall one story (30-foot building height) to accommodate the gymnasium portion of the proposed fitness facility. This portion of the building's exterior would appear as a two-story building with the proposed building height and window configuration. The remainder of the building would be three stories. The proposed building has similar design characteristics such as a rectangular building footprint, window configuration and a red sandstone building color. The reduction in the building size reduces the amoimt of parking required. The imdergroimd parking in the original approval has been eliminated and all parking is now surface parking. Grading for the original project projected a net export of 4,721 cubic yards of material. The revised project requires an import of 962 cubic yards of material. The applicant has received approvals from the Army Corps of Engineers, Califomia Department of Fish and Game and the Regional Water QuaUty Control Board for the project. The proposed amendments do not impact the open space or modify the previously approved improvements in the open space. The project still meets the development standards of the zone and staff has no issues with the proposal. IV. ANALYSIS The Biltmore project is subject to the following plans, ordinances and standards: A. Planned Industrial (PI) and Open Space General Plan Land Use Designations; B. Planned Industrial, Qualified Development Overlay Zone (P-M-Q); C. Site Development Plan findings required by the Qualified Development Overlay Zone, Carlsbad Municipal Code, Chapter 21.06, Section 21.06.020; D. Conditional Use Permit findings, Carlsbad Mimicipal Code, Chapter 21.42, Section 21.42.020; E. Comprehensive Land Use Plan for McClellan-Palomar Airport; F. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone - Carlsbad Municipal Code, Chapter 21.202 and the Coastal Resource Protection Overlay Zone - Carlsbad Municipal Code, Chapter 21.203; and G. Growth Management Ordinance (Local Facilities Management Plan Zone 5). (^C SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 BUILDING) May 4, 2005 Page 3 BILTMORE (PACIFICA PALOMAR OFFICE The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan designation for the proposed development area of the project site is Planned Industrial (PI). The project complies with all elements of the General Plan as illustrated in Table A below: Table A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE ORPROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Land Use Development area is designated as PI. Office uses and recreational uses when oriented to support industrial developments and their populations. Yes Circulation New development shall dedicate and improve all public right-of-way for circulation facilities needed to serve development. Additional dedication for a public road. Laurel Tree Lane and frontage improvements to Palomar Airport Road. Yes Noise Utilize noise standards contained in the Comprehensive Land Use Plan for Palomar Airport. The project includes mitigation measures to achieve the required interior noise levels. Yes Open Space & Conservation Designate as buffers portions of land next to sensitive environmental areas. The project includes a 50-foot buffer fi-om Encinas Creek. Yes B. Planned Industrial, Qualified Development Overlay Zone The development area of the project site is zoned Planned Industrial, Qualified Development Overlay Zone (P-M-Q). The amended project complies with all requirements of the P-M Zone as demonstrated in Table B below: [^C SDP 01-01(B)/CDP 01-02(ByCUP 05-04 BUILDING) May 4, 2005 Page 4 BILTMORE (PACIFICAPALOMAR OFFICE Table B - P-M ZONE COMPLIA^ rcE STANDARD REQUIRED PROPOSED Permitted Use Business & Professional Offices Multi-tenant office use and fitness facility by CUP Building Height 35 feet/ 45 ft.*; 55 ft. for allowed protmsions 45 ft. maximum; 55 ft. for allowed protmsions Setbacks Palomar Airport Road - 50 ft. (+ 10 feet*) Interior Side Yard -10 ft. (+ 10 feet*) Rear Yard - 10 ft. (+ 10 feet*) Palomar Airport Road - 90 ft. Interior Side Yard - 355 ft. Rear Yard-215 ft. Parking 375 (1:250 office)/(l:200 gym) 406(1:209) Parking area landscaping 10% of the required parking area 10% of the required parking area Minimum Lot Area 1 acre 15.69 acres Lot Coverage 50% maximum 5.12% Employee Eating Areas 3,060 sq. ft. 3,081 sq. ft. Outdoor Equipment Enclose by a concrete or masonry wall not less than 6 ft. in height Mechanical equipment enclosure built to 12ft. tall with masonry block * Increase setbacks one foot for every foot of building height over 35 feet. The increase in building height from 35 feet to 45 feet complies with Section 21.34.070, P-M Development Standards, in that the building is not more than three stories; all setbacks have been increased the amount of the increase in building height over 35 feet; and the building will conform with Section 18.04.170 ofthe Carlsbad Municipal Code (regarding fire sprinklers, smoke alarms and elevators). The increase in height for architectural features from 45 to 55 feet compUes with Section 21.34.070, P-M Development Standards, in that the architectural features do not function to provide usable floor area; do not accommodate and/or screen mechanical equipment; do not adversely impact adjacent properties; and are necessary to ensure the building's design excellence. The building has very large setbacks; no adjacent neighbors on three sides and topographic separation to the south. The architectural elements provide vertical reUef and add interest to the building's elevations. C. Site Development Plan Findings Required by the Qualified Development Overlay Zone The Qualified Development Overlay Zone (Q-Overlay), which is a part ofthe zoning designation for the property, requires that a SDP be approved for the proposed use prior to the issuance of any building permit. The Q-Overlay Zone requires four findings. The adopted project findings for SDP 01-01 (A), which are contained in Planning Commission Resolution No. 5468, still apply to this project (SDP Ol-Ol(B)). This section summarizes the necessary findings and support for each. The requested use is properly related to the site, surroundings and environmental setting as the project design compUes with the requirements of the P-M zone as discussed above. All required SDP 01-01(B)/CDP 01-02(^UP 05-04 - BILTMORE (PACMC^ALOMAR OFFICE BUILDING) May 4, 2005 Page 5 building setbacks are provided, lot coverage is well below the maximum pennitted, and landscaping meets the minimum 10% P-M zone requirement. Adequate separation is provided from adjacent uses and the required 50-foot buffer from Encinas Creek has been incorporated into the site design. The site is also adequate in shape to accommodate the use as all other applicable code requirements have been met, including the parking standard in addition to building coverage. Thirty-one parking spaces over the required number are planned and building coverage is less than one fourth of the maximum permitted. Ten percent of the parking area is landscaped which meets the minimum 10 percent requirement. As shown on Exhibits "A" - "J," all features necessary to adjust the use to existing and permitted future uses will be provided. Landscaping is proposed to screen the parking areas from public roadways. Adequate vehicle circulation has been provided to accommodate tmck-tuming movements. Laurel Tree Lane, a public street off of Aviara Parkway, will provide access to the site. The plarmed street system is adequate to handle all traffic (1,400 average daily trips) generated by the use. The adopted resolutions of approval for SDP 01-01 and SDP 01-01 (A) will become null and void with the approval of SDP Ol-Ol(B). The new Planning Commission Resolution for SDP 01- 01(B) will incorporate the findings and conditions of the previous approvals with revisions to address the amended project. D. Conditional Use Permit Findings Conditionally permitted uses are those that possess unique characteristics thereby making it impractical to allow them by right in certain zones. The Planned Industrial (P-M) zone specifies in C.M.C. Section 21.34.030 that health and athletic clubs are permitted in the P-M Zone upon the granting of a CUP. The findings necessary to approve a CUP can be made. The requested use is desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the health club facility will provide services in close proximity to the occupants of the zone. The site for the intended use is adequate in size and shape to accommodate the use, in that the facility is proposed in a building that meets the development standards for the zone and has adequate size and parking to accommodate the proposed fitness facility and office uses. All the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project is part of a proposed office building that when developed will include all features that may be appropriate to the proposed use. The street system serving the proposed use is adequate to properly handle all fraffic generated by the proposed use, in that the proposed Laurel Tree Lane will be adequate to handle the 2,000 ADT generated by the proposed office building and fitness facility and that the signalized intersection of Laurel Tree Lane and Aviara Parkway is existing and adequate in capacity. The fitness facility would also generate traffic in the off-peak hours thus reducing traffic impacts. ;^UP 05-04 - BILTMORE (PACIFIC^^ SDP 01-01(B)/CDP 01-02(ByCUP 05-04 - BILTMORE (PACIFICATALOMAR OFFICE BUILDING) May 4, 2005 Page 6 The project's parking demand and compliance with the standard is illustrated in the following Table C. Table C - PARKING Standard Required Provided Health Clubs 1 space per 200 sq. ft. 175 Office 1 space per 250 sq. ft. 200 Total parking 375 406 E. Comprehensive Land Use Plan for McClellan - Palomar Airport The project site is located approximately 3,000 feet southwest of the airport and within the Airport Influence Area for McClellan - Palomar Airport. The site is inside the 65 CNEL noise contour with an area in the northwest comer located within the 70 CNEL noise contour. No buildings are proposed within the 70 CNEL noise contour. The airport land use plan identifies the use as being conditionally compatible within the 65 and 70 CNEL noise contour provided interior noise levels are attenuated to an indoor level of 50 CNEL. The original project was sent to the Airport Manager in addition to SANDAG staff With the apphcation of the noise mitigation measures proposed, the project was found to be in conformance with the airport land use plan. Since the amended project does not involve a General Plan Land Use change, the amended project does not require additional review by the Airport Land Use Commission. The project has been conditioned to implement the Mitigation Monitoring and Reporting Program for the Pacifica Palomar project which includes the requirement to submit an acoustical study showing compliance with the 50 CNEL interior noise level and requiring the property owner to notify all tenants and include in their lease provisions detailing the environmental impacts associated with McClellan-Palomar Airport and Palomar Airport Road. F. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone As designed and amended, the project is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program (LCP), the Coastal Agricultural Overlay Zone (Zoning Ordinance Chapter 21.202) and the Coastal Resource Protection Overlay Zone (Zoning Ordinance Chapter 21.203). The project site has a LCP Land Use designation of Planned Industrial (PI) and an LCP Zone designation of Planned Industrial with the Qualified Development overlay (P-M-Q). The project includes the required 50-foot riparian buffer from the edge of the riparian habitat of Encinas Creek. Water retention basins are proposed to be located within the buffer area that are designed to control the rate of storm water mnoff and improve water quality from the site and existing storm drains from Palomar Airport Road. The buffer area is presenfly a disturbed habitat containing exotic, primarily weedy, species. The objective of the buffer is to protect water quality and associated biological resources by providing a filtering mechanism for runoff before it enters the riparian zone. The retention basins provide protection to regional and local biological resources as noted in the Biological Report prepared for the project. The amended site plan does not change or modify the buffer area or proposed improvements. SDP 01-01(B)/CDP 01-02(B)7CUP 05-04 BUILDING) May 4, 2005 Page 7 BILTMORE (PACIFIC AP ALOMAR OFFICE No direct impacts are proposed to the wetland or riparian resources as dictated by Policy 3-7 of the LCP as a result of the amended project. Pursuant to Policy 3-8 of the LCP, the Califomia Department of Fish and Game and the U.S. Fish and Wildhfe Service were consulted on the determination of the adequacy of the 50-foot buffer and have since issued permits for the project. The buffer was determined to be acceptable with the following conditions: that all maintenance of the proposed detention basin be done manually; that the public trail be placed between the building and the basin; that the public trail not be paved and have a permeable surface; and that the basin be planted with native vegetation. The buffer zone is protected by the execution of an open space easement and a General Plan Open Space designation. No activity other than seasonal maintenance will occur within the basin. The proposed pedestrian trail, a passive recreational use, is located in the upper half of the buffer zone as allowed per Policy 3-8 of the LCP and will be constmcted with a permeable surface. The property is designated as coastal agricultural land and has been conditioned to pay the agricultural conversion mitigation fee. Because of the potential for least Bell's vireos to be impacted by grading noise levels, a condition providing for modification of the coastal grading timeframe, if necessary, is proposed. This condition will provide for the potential to grade the site during the normal coastal grading prohibition period (winter grading) so as not to impact the least Bell's vireo if present. The Mitigation Monitoring and Reporting Program requires consultation with the wildlife agencies if grading will occur in the breeding season. The adopted resolution of approval for CDP 01-02 and Plaiming Director approval of CDP 01- 02(A) will become null and void with the approval of CDP 01-02(B). The new Planning Commission Resolution for CDP 01-02(B) will incorporate the findings and conditions of the previous approvals with revisions to address the amended project. G. Growth Management Ordinance (LFMP Zone 5) The proposed project is located within Local Facilities Management Zone 5 in the southwest quadrant. The impacts on public faciUties created by this project and compliance with the adopted performance standards are summarized as follows: FACILITY IMPACTS COMPLIANCE WITH STANDARDS City Administration N/A Yes Library N/A Yes Wastewater Treatment Capacity 47 EDU Yes Parks $.40/sq. ft. Yes Drainage Basin C Yes Circulation 2,000 ADT Yes Fire Station 4 Yes Open Space N/A Yes Schools Payment of non-residential school fee at bldg. permit issuance Yes Sewer Collection System 47 EDU Yes Water Distribution System 14,740 GPD Yes SDP 01-01(B)/CDP 01-02(^:UP 05-04 - BILTMORE (PACIFIC^ft^LOMAR OFFICE BUILDING) May 4, 2005 Pages V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the CaUfomia Environmental QuaUty Act (CEQA). On November 6, 2001, the City Council adopted City Council Resolution No. 2001- 334 adopting a Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program for the project. Staff has reviewed the amendment request and the Planning Director has determined that; the project is still in compUance, and within the scope of, the prior environmental documents, dated June 17,1998; the project has no new significant environmental effects not analyzed as significant in the prior Mitigated Negative Declaration; none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15162 exist and no further CEQA compUance is required. ATTACHMENTS: 1. Planning Commission Resolution No. 5881 (SDP Ol-Ol(B)) 2. Planning Commission Resolution No. 5882 (CDP 01-02(B)) 3. Planning Commission Resolution No. 5883 (CUP 05-04) 4. Location Map 5. Disclosure Statement 6. Background Data Sheet 7. Local Facilities Impacts Assessment Form 8. Planning Commission Resolution No. 5041 (SDP 01-01) 9. Planning Commission Resolution No. 5468 (SDP Ol-Ol(A)) 10. Planning Commission Resolution No. 5042 (CDP 01-02) 11. Reduced exhibits "A" - "M" dated May 4,2005 s/r£ BILTMORE SDP 01-01(B)/CDP 01-02(B)/CUP 04-05 Citv of Carlsbad Planning Department DISCLOSLTIE STATE.ME.VT r.A.ppiicaTit's staicmcni or disclosure of certain ownership interests on all appiicauons whic.-. wiii reocirc (discretionary action on the pan ofthe Cir>' Council oran\' appoinied Bosrc. Commission or Cor!-:m:::fc Tne iollowmg informauon .MUST be disclosed ai the ume of appiication submina:. Your pro.iec: be reviewed until this mfonnanon is complcicd. Please pnnt. .Note: Person is defiaed as '•Any individual, fina co-parmcrship. joint venture, association, social club. iVaiemal organization, corporation, estate, trust, receiver, syndicate, in this and any other count>-. cii>- and count>. cit}- municipalir\\ distnct or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name aad entity of the applicant and propenj* on-ner must be provided below. 1. APPLICANT (Not thc applicant's agent) Provide the COMPLETE. LEGAL names and addresses of .ALL persons having a financial interest m the application. If the applicant includes a corporaTion tar parmership. include the natncs, tide, addresses of all individuals ownme more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAM 10% OF TkE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a nublielv-ou-ned corporation, include the names, titles, and addresses of the corporate officers. (A separale page may be attached if necessary." Person ^4^^' Title aJi'itri^'^//iA^^. - ~ Address//^^/^i'^^^W^.^ 0>>^'NER (NotOthc owner's a^nt) • Corp/Pan./i^ii^c^ iCddrcss 7m Provide the COMPLETE. LEGAL names and addresses of ALL persons having afr^ ownership interest in the property involved. .Also, provide thc namrc of thc legal Ownership (i.e. parmership, tenants in commdn, non-profit, corporation, etc.). If thc ownership includes a corporation or partnership, include thc names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached ifncc^sary.j Person Corp/Pan ,y-^^ - Jlnhi,JI^^C£4fM!j^ , Title PT^^J^i^A^A.^ f^':^ Titl Address. 2-=l dLZ-\\ SQ 80 -lew p. I Mar 08 OS 11:39p NON-PROFIT ORGANlZ.A.TIO.\ OR TRUST If any person identified pursuant to (1) or (2; above is a nonprofit org3n:;3:ior or : names and addresses of ANV person ser^•ing as an cf-lce: or director of i.-.c r..\- organization or as trustee or beneficiar. o:" the Non ProfitTmst__^ _^ Title _____ Non Profit J r^i-. Title .Address Address, Have you had more than S250 wonh of business transacted wiih any member of Cir^ .«;t:if: Boards. Commissions^J^mmirtces andor Council withm the past twe'n'c {\2) monihs? • Yes Ko If yes, please indicate'pcrson(s):_ NOTE: Anach additional sheets if necessary. I ccnify that ajJjhe above information is true and correct to the best of my knowledge. Signarurc of applicanudaie Pnnt or type name of OT^Tier ^n<tr> ^^^r^7_Print or type name of applicant Signature'ofowner/applii^tYaBmt if,applicablc/daie Prim or type name of owner/applicant's agent DeanS. Benjamin Ascent Realty Advisors 1185 Avenue ofthe Americas New York, New York 10036 John Porges Ascent Realty Advisors 1185 Avenue of the Americas New York, New York 10036 Richard J. Lund Biltmore Holdings LLC 8474 Hartford Drive Suite 201 Scottsdale, Az 85255 Thomas A. Smith Biltmore Holdings LLC PO Box 675914 7807 Muirfield Way Rancho Santa Fe, Ca 92067 Lannie Allie C/O CB Richard Ellis Carlsbad, CA Roger Carlson C/O CB Richard EHis Carlsbad CA <^Le-\l so BO -jew CASE NO: BACKGROUND DATA SHEET SDP Ol-OKB)/ CDP 01-02(B)/ CUP 05-04 CASE NAME: BILTMORE (PACIFICA PALOMAR OFFICE BUILDING) APPLICANT: Ascent-Biltinore Carlsbad LLC REQUEST AND LOCATION: Amendment of a Site Development Plan to reduce from 120,000 square feet to 85,000 square feet, a three storv office building and a Conditional Use Permit for a 35,000 square foot fitness facility located adjacent and south of Palomar Airport Road and east of Aviara Parkway. LEGAL DESCRIPTION: Portion of Lot 3 of Map No. 5715, recorded December 19. 1960 APN: 212-040-25-00 Acres: 15.69 Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Land Use Designation: Planned Industrial/Open Space Density Allowed: N/A Density Proposed: N/A Existing Zone: Planned Industrial (PM) Proposed Zone: no change Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site PM-Q PI/OS Vacant North PM PI Vacant South LC/OS RL/RLM/OS Vacant East PM PI Vacant West PM-Q PI Vacant PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 47 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued Julv 5.2001 I I Certified Environmental Impact Report, dated O Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Biltanore - SDP 01-01(B)/CDP 01-02(B)/CUP 05-04 LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI ZONING: PM - Planned Uidustrial DEVELOPER'S NAME: Ascent-Biltmore Carlsbad LLC ADDRESS: 8475 E Hartford Drive, Suite 201, Scottsdale AZ, 85255 PHONE NO.: (858) 793-4777 Scott Caims ASSESSOR'S PARCEL NO.: 212-040-25-00 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 85,000 sq. ft. ESTIMATED COMPLETION DATE: ASAP A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = N/A Library: Demand in Square Footage = N/A Wastewater Treatment Capacity (Calculate with J. Sewer) 47 EDU Park: Drainage: Circulation: Fire: Open Space: Schools: Sewer: Water: Demand in Acreage = Demand in CFS kienti fy Drainage Basin = Demand in ADT = Served by Fire Station No. Acreage Provided = Demands in EDU Identify Sub Basin = Demand in GPD = N/A 68.56 C Encinas Creek 1,400 = 4 7.2 N/A 47 Buena/V allicitos 14,740 Project impacts previously addressed with GPA 01-05 (Pacifica Palomar Office Building) NOIBNCWMXEB WmOGOWCICft aUBas-NOTA BWC»TV«PBMr- Wis r*^ Ol Q ta 9> A .4 A A" .4 IMMOMM Desipi [development PtanChBdc BMSet Pennit Set Coratrudion Set OiediBr ViC AR.T. 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'i7i5. ,1'kpJKCT IJKIATION T.i|- PR;.T^T I'. iZ':/<v^ WT-UI A-.i'-svfi''. pAprn iij(,'iir»- ?i: oao ; f Oi ItIA' T:f T.IS f VATJi.'S TE."^ SK* f-fH- Iht 'Kl*-ii<>li l-l"-.t(:( a I ^-^J.lJ't A Hr-fc "-i SKMiR Dt^MANn (Ol. M . Al. -JiAU! nf =.-tip>jS.l> r f I ' I 1! lAvt i: r •r-.tr^'iifi' c l-or a, HANfMiO AOLIA HhDiOHDA, lyiAy NO. fil'? ' fjSAF NO. 1341-6* f.jAf^ NO. is^r^a Ar'N -10^ -Ol \ -LANG- engineering co. ••- M liin^L (."AAV- llA-< r...(I;:|. J-.:Oft tr.n-vt£Nn. laiFEREKCB DBAinNfi.-^ ..ll ,• •.•iAI.rAh'i SivlVrl-••i.- T =A.W.1AF .•.f.-WIT r.'.iCJJ >'\UINk'£I! OF WUItL CIR1SH.\D .MUNiaPAL ffATEH DISTRICT 10:0121 J. sasam, txxsm, nxm • • • -.r«fi( Mtr / / N^vIJ-,^^ DCSrRiPTinri BT'ILT" CITV 01' CARI.^n.M) BLTMOflE PACFICA [">/*•; 3rr .:iKl> -X 9S 5ATE PALOMAR AIRPORT ROAD PRELIMINARY PLANT PALETTE ••.1^- .--u.rHti-.t.iF •.t;ir,i«.'.c; NOTE FOR WATER CONSERVATION PLAN AND PLANTING ZONE CALCULATIONS, SEE SHEET L-2 CO o CD O < CO mi c c X P 5 i E iiii io :< a. IU ice o ffi A l.\ A tsstwCl i'^aiCned: %-JSd "•awit-.: DiaAi«CMi OndcBy Safe iob Number Sheet hhnte L-1.1 -I—' o o i NOTE FOR WATER CONSERVATION PLAN AND PLANTING ZONE CALCULATIONS, SEE SHEET L-Z --lXC.FA7f;a.TI.'ATS E'.'Sfi-'.^Bl «tlp-;(> H.r.i-/EF. Ifc =.'-Pl< t f-tJiLKMAL U'A*::) T-.iAi I- y- i.-hATi.--; • •.•:..H-.-\-!' Ill- iM llHil- .'I >'+M.*' .a PRELIMINARY PLANT PALETTE © 0 O •••JiUfJ I" .'.AFal•J'^/rt•;l•^:^T :«)• F. .=fy#''=FH KEt I? i ORE ,p.oy;o .«,:-B-r VHJi.iVAIIIjKAN'J.t E CO to o I 1) I- o i B A A A A •'•smtSe! Conrnia'-'^ S'.t Drawiie Drift Ctiiidi^ JobNuTto- Stet Number L-1.2 PALOMAR AIRPORT ROAD LANDSCAPE IRRIGATION WATERANALYSIS ESTIMATED AhB>JUAl. WVrai USE: CA.V- ^eMjntttedanrualBJDDlETTMft^wcer) x 0'otalSq.F^} X 7.48 12 ToULjndK^AErev 3.04 IcO^SJ^ 132,255 [i/nAtiMtiiyr-t cfMpptenenaivnuranrKai]!} 30 .' X 7.48 310^50 Gafcm/reir 12 20 < 9I,«35 ' 7.« . 1.142382 GUtomrrBv 12 Z(^#3:(|»h«ad IffoTs^iFlemefelwBlwwruM}) 4IXQ3 . 7.4S 2S5.7I0 GOon/ftr TOTAL ESTMATHJ WATER US& PLANTING ZONE CALCULATIONS %OFS|TE AN^AM. SUPPL&CNTM. 16.6235/. 10% 30-+ REFINED 9IA3SS.F. 63% IC-SO" 1l,aj3SJ. 27% LESSTHAN 10* NATTVEfflTOTHBtig pMOTAPAJtl) 204,il£S,F. 0% 0 WATHR CONSERVATION NOTES THE FCaiOWNG WATER CONSEWATICWJ TECHNIQUB SHALi BE BVUSfcO W THS PRCHECT: • WATERCXiNSaM«PlANTSANDPlANTSNATlVcTOHOT.DKr PIANFEDAMA • UaOhHYDBOZC»«WnHIWr3G!0*EDfl«EDUPCWAM^^ • ^RJ^>l^^rt•-l'SIZEL^UJZEDlN^>^ElANDscwt3•DEP^>^MlN. • SCMLA^lB^O«^freUTlUZEDTOI^1PRO^^WA™HCtaNGC^ • |fWK»TK)N SYSTEM D3K3« TO WATER raR=aENrARE« • mRiGOKJNffiSKjNSB^ms^ TO store ivocns. • RAlNSB«o^auM3lNCO^^UNa^oNvmH^HEALm»1^^ • Re:X)mE^IK^ONSaV^FC»ANNUALIRRlaATKm SCHEDULE • LAWDSOTCWATlRUSECHtnWXnONWmHSUPPOBTlNQDATAINCOWUA^ WATBl BFX^a^ OIONV<ICE FOR APPROVAL SHAU. Bl: ^miTm WITH lA^ DOCUMB^ SUBMrrtALTO T>«CrTY. • ANAi;rC»nM1CIRRK*ATK)NSTSTEMWUBEPRCMDEDWmSAI^ REOAIMED VWTWANDHBy.TH CeVWTMENTREQUIRBIENlS RBATTVETO REOAWED l«WilJ.««PLYTO T^€ PPPIECT- 4—» O CD O < E CO • < o ffi <o o s. £ I pa ReiisionliMss A"' A A " A, ,. - ^^^^^ PI*iCr*d ^Sei f\.vTnji:Mi CviTiskuciicp ChodcE^ L-2.' PALOMAR AIRPORT ROAD o Q) O i < PLANTING ZONE CALCULATIONS SitSQL 20N£ PBCRlPnOM LUSH •nwNsmoNWL 16.623 SP. 9I.£35SJ=. •tl^Sf. 201.105 &F. 10% 63% Z7% 3ff+ L£ST>«Nlir E CD o i 03 'C a u. a C s !: CG A" A • %nChetl. Caratrucson Set DOMtngDiti ( DiMnB)' L-2.2