HomeMy WebLinkAbout2002-10-22; City Council; 16950; Fox Miller PropertyiB# 16,950
JITG. 10-22-02
)EPT. PLNd i CITY OF CARLSBAD -AGENDA BILL - TITLE:
FOWMILLER PROPERTY
GPA 00-05/ZC 00-07
DEPT. HD. b$&
5ECOMMENDED ACTION:
rhat the City Council INTRODUCE Ordinance No. NS-651 , APPROVING an amendment to
he Zoning Map (ZC 00-07) and ADOPT Resolution No. 2002-316 , ADOPTING a Mitigated
degative Declaration and Mitigation Monitoring and Reporting Program and APPROVING an
smendment to the General Plan Land Use Map (GPA 00-05) based upon the findings and subject to
he conditions contained therein.
TEM EXPLANATION:
I Reviewed by and
Proiect ADDlication(s) I Administrative I Final at Planning I To be Reviewed - I .. .I I Approvals I Commission I Final at Council -
Environmental Review (Mitigated X
Negative Declaration)
General Plan Amendment (GPA 00- I X
.-
05)
Zone Change (ZC 00-07)
Hillside Development Permit (HDP 00-
X Tentative Tract Map (CT 00-20)
X
Special Use Permit (SUP 00-10) X
Planned Industrial Permit (PIP 00-02) X
11) X
3n September 4, 2002, the Planning Commission recommended approval (6-1) of the Mitigated
Uegative Declaration, General Plan Amendment, and Zone Change and approved a Tentative Tract
Map, Hillside Development Permit, Special Use Permit and Planned Industrial Permit to develop a
53.65-acre parcel into a five lot industrial subdivision including one open space lot generally located
adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard.
The project includes extending Salk Avenue from its existing eastern terminus to El Camino Real.
The General Plan Amendment is to change the existing land use designation of Unplanned Area and
a Combination District consisting of Residential High Density/Commercial/Office to Planned
ndustrial and to adjust the boundary of the Open Space designation based on a biological survey of
:he property. The General Plan Amendment also includes a City initiated amendment of the
adjacent property to the west from Planned Industrial to Open Space. The existing zoning of Limited
2ontrol is proposed to be changed to Planned Industrial and Manufacturing -Qualified Overlay Zone
:o conform to the proposed Planned Industrial land use designation and surrounding zoning
jesignations.
ENVIRONMENTAL:
3ased on an environmental impact assessment performed by staff in which potentially significant
mpacts to water quality, geological, paleontological and biological resources were identified and
nitigation measures were formulated to reduce the identified impacts, the Planning Director issued a
Mitigated Negative Declaration on December 20, 2001, Comments were received from the US Fish
and Wildlife Service during the public review period and their comments were addressed.
PAGE 2 OF AGENDA BILL NO. 16,950
FISCAL IMPACT:
No significant fiscal impacts to the City are associated with the proposed General Plan Amendment
and Zone Change. All required improvements needed to serve the project would be funded by the
developer and through the capital improvements program.
EXHIBITS:
2. City Council Resolution No. 2002-316
1. City Council Ordinance No. NS-651
4. Planning Commission Resolutions 5237, 5238, and 5239
3. Location Map
5. Planning Commission Staff Report, dated September 4, 2002
6. Excerpts of Planning Commission Minutes, dated September 4, 2002.
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ORDINANCE NO. NS-651
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA, AMENDING SECTION 21.05.030 OF
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENTTO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-07,
FROM LIMITED CONTROL AND OFFICE TO P-M, 0-S, AND M-
Q ON PROPERTY GENERALLY LOCATED ON THE EAST AND
WEST SIDE OF EL CAMINO REAL, BETWEEN FARADAY
AVENUE AND COLLEGE BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: FOX MILLER PROPERTY
CASE NO.: ZC 00-07
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked Exhibit "ZC 00-07" "A" and "B" attached
hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 5239 on file in the Planning Department constitute
the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 22nd day of OCTOBER ,2002, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 5th day of NOVEMBER , 2002, by the following vote, to Wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(SEAL)
Page 2 of 2 of Ordinance No. NS-651 -2-
APPROVED AS TO FORM AND LEGALITY:
f7 - I43LeCLflfk RONm R. BALL, City Attorney //- B.oe :
ZC 00-07-"A"
EXISTING L-C, M-Q, 0
FOX MILLER PROPERTY
ZC 00-07
5
ZC 00-07"'B"
PROPOSED P-M, OS, M-Q, L-C
@
FOX MILLER PROPERTY
ZC 00-07
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ORDINANCE NO. NS-651
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENTTO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-07,
FROM LIMITED CONTROL AND OFFICE TO P-M, 0-S, AND M-
Q ON PROPERTY GENERALLY LOCATED ON THE EAST AND
WEST SIDE OF EL CAMINO REAL, BETWEEN FARADAY
AVENUE AND COLLEGE BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: FOX MILLER PROPERTY
CASE NO.: ZC 00-07
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked Exhibit "ZC 00-07" "A" and "B attached
hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 5239 on file in the Planning Department constitute
the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City. of Carlsbad within
fifteen days after its adoption
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 22nd day of OCTOBER ,2002, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 5th day of NOVEMBER , 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(SEAL)
Page 2 of 2 of Ordinance No. NS-651 -2-
APPROVED AS TO FORM AND LEGALITY:
//- r.oe .
FOX MILLER PROPERTY
GPA 00-051ZC 00-07
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PLANNING COMMISSION RESOLUTION NO. 5237
A RESOLUTION OF THE PLANMNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING
PROGRAM TO SUBDIVIDE AND GRADE 53.65 ACRES OF
LAND LOCATED EAST OF SALK AVENUE AND WEST OF
EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 5
CASE NAME: FOX MILLER PROPERTY
CASE NO.: GPA OO-O5/ZC 00-07/CT OO-lO/PIP 00-021
HDP OO-ll/SUP 00-10
WHEREAS, Mission Beach, L.L.C, a Washington Limited Liability
Company, Mark F. Miller, Dean E. Miller, and Gordon B. Fox, “Developer”i”Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
That portion of Lot “F” of Rancho Agua Hedionda, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego
County, November 16, 1896, described in a grant deed
recorded August 13, 1992, as Document Number 1992-
0512626, and a portion of Parcel 3 of Parcel Map 17830, in the
City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego
County, March 21,1997 as file number 97-129122
(“the Property”); and
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program was prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on the 17th day of July 2002 and on
the 4th day of September 2002 hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
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relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program according to
Exhibit “ND” dated January 23, 2002, and “PII” dated December 20, 2001,
attached hereto and made a part hereof, based on the following findings:
Findings:
1.
...
...
...
...
...
...
The Planning Commission of the City of Carlsbad does hereby find:
A.
B.
C.
D.
It has reviewed, analyzed and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, the environmental impacts
therein identified for this project and any comments thereon prior to
RECOMMENDING APPROVAL of the project; and
The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
It reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
Based on the EIA Part I1 and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
PC RES0 NO. 5237 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of September 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1"jku- ., ., i'
MICHAEL J. HO~ZMN~LER
Planning Director
PC RES0 NO. 5237 -3-
- City of Carlsbad
MITIGATED NEGATIVE DECLARATION
Project Addressnocation: West of El Camino Real, between College Ave and Faraday Avenue and
east of Salk Avenue. Property is identified as APN 212-020-23
Project Description: General Plan Amendment from Unplanned Area to Planned Industrial
and adjust existing Open Space designation, Zone Change from Limited Control to Planned Industrial, Tentative Tract Map, Hillside
Development Permit, Special Use Permit, and Planned Industrial Permit
to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. .
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
initial study (EIA Part 2) identified potentially significant effects on the environment, but (1)
revisions in the project plans or proposals made by, or agreed to by, the applicant before the
proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project "as revised" may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the
public are invited. Please submit comments in writing to the Planning Department within 20
days of date of issuance. If you have any questions, please call Van Lynch in the Planning
Department at (760) 602-4613.
DATED: JANUARY 23,2002
CASE NO: GPA OO-O5/ZC 00-07/CT 00-20/SUP 00-10EIDP 00-llPIP 00-02
CASE NAME: FOXMILLER PROPERTY
PUBLISH DATE: JANUARY 23,2002
Planning Director
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us /!P
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
CASE NO: GPA OO-O5/ZC 00-07/CT 00-20/SUP 00-1O/HDP 00-1 1PIP 00-02
DATE October 9. 2001
RECIRCULATED: December 20,2001
BACKGROUND
1. CASE NAME: FOXMILLER PROPERTY
2. APPLICANT: Bob Ladwig. Ladwie Design Group. Inc.
3. ADDRESSES AND PHONE NUMBER OF APPLICANT: 703 Palomar Airport Rd, Suite 300,
Carlsbad. CA 92009 (760) 438-3182
4. DATE EL4 FORM PART I SUBMITTED: 10/17/00
5. PROJECT DESCRIPTION General Plan Amendment, Zone Chance, Tentative Tract Map,
Hillside Development Permit. Special Use Permit. and Planned Industrial Permit to subdivide
and grade 53.65 acres of land into four lots for industrial uses and one open space lot on uroperty
located adiacent and west of El Camino Real, between College Ave and Faradav Ave.
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.
Land Use and Planning [XITransportation/Circulation Public Services
OPopulation and Housing Biological Resources 0 Utilities & Service Systems
[XI Geological Problems
[XI Water
[XI Air Quality
OEnergy & Mineral Resources [XI Aesthetics
0 Hazards
[XI Noise
[XI Cultural Resources
0 Recreation
OMandatory Findings of Significance
1 Rev. 03/28/96
/4
DETERMINATION.
0
[XI
0
0
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
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 find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 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 Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01),
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
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Date
I Itdo z
Date
2 Rev. 03/28/96 /ai
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 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” applies 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 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 significant.
Based on an “EM-Part II”, if a proposed project could have a potentially significant effect
on the environment, but &I 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
Ovemding 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.
3 Rev. 03/28/96 i6
If there are one or more potentially significant effects, the City may avoid prcparing 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.
0 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 Earlier EJR 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 Ovemding 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 prooosed mitigation measures appears at the end of the
form under DIS&SSION OF ENVIRO~NTAL EVILUATION. Particular attention should
be given to discussing mitigation for impacts which would otherwise be determined significant.
4 Rev. 03/28/96 17
Issues (and Supporting Information Sources).
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning?
b) Conflict with applicable environmental plans or policies
(Source #l:Pgs 5.6-1 - 5.6-18)
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.& impacts
to soils or farmlands, or impacts from incompatible
e) Disrupt or divide the physical arrangement of an
land uses)? (#l:Pgs 5.6-1 - 5.6-18, #6)
established community (including a low-income or
minority community) (#l:Pgs 5.6-1 - 5.6-18)
Potentially
Significant
Impact
0
0
0
0
11. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
b) Induce substantial growth in an area either directly or
population projections? (#l:Pgs 5.5-1 - 5.5-6)
indirectly (e.g. through projects in an undeveloped area
5.5-6)
or extension of major infrastructure)? (#l:Pgs 5.5-1 -
c) Displace existing housing, especially affordable
housing? (#l:Pgs 5.5-1 - 5.5-6)
o
0
0
111. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15, #2)
b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15. #2)
c) Seismic ground failure, including liquefaction? (#l:Pgs
d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 -
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 fills? (#l:Pgs
5.1-1 - 5.1-15,#2)
o 0
0
0 0
U
5.1-1 - 5.1.15, #2)
5.1-15. #2)
g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15, #2)
h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, #2) n
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 patterns, or the
rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2-
I I, #7)
b) Exposure of people or property to water related hazards
such as flooding? (#l:Pgs 5.2-1 - 5.2-11)
0
0
Potentially
Slgniiicant
Unless
Mitigtiun
Incorporated
0
0
0
0
0
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OB
OB
OB
0 OB
0 OB
0 urn IXI 00 0 OB
IXI 00
0 UIXI
5 Rev. 03/28/96 18
Issues (and Supporting Information Sources)
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
d) Changes in the amount of surface water in any water
oxygen or turbidity)? (#l:Pgs 5.2-1 - 5.2-1 1)
body? (#l:Pgs 5.2-1 - 5.2-11)
e) Changes in currents, or the course or direction of water
0 Changes in the quantity of ground waters, either
movements? (#l:Pgs 5.2-1 - 5.2-11)
through direct additions or withdrawals, or through
through substantial loss of groundwater recharge
interception of an aquifer by cuts or excavations or
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 quality? (#l:Pgs 5.2-1 - 5.2-11)
i) Substantial reduction in the amount 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 quality 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? (#l:Pgs 5.3-1 - 5.3-12)
d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12)
VI. TRANSPORTATION/CIRCULATION. Would the
a) Increased vehicle trips or traffic congestion? (#l:Pgs
proposal result in:
b) Hazards to safety from design features (e.g. sharp
5.7-1 - 5.7.22, #3)
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) 0 Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 -
(#l:Pgs 5.7-1 - 5.7.22)
5.7.22)
VII.BIOLOGICAL RESOURCES. Would the proposal result in
a) Endangered, threatened or rare species or their habitats
impacts to:
(including but not limited to plants, fish, insects,
animals, and birds)? (#l:Pgs 5.4-1 - 5.4-24, #4)
6
Potentially Significant
Impact
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0
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0
0
0 0
El
0
0
0
El
0
0
I7
0
0
Significant Significant Impxi
Potentiall! Les Than KO
Incorporated
Mltigation
Unlcss Impact
0
17 OB
0 OB
0 OH
0 OB 0 om
0 00
0 OB
0 OH
0 OB
0 no
0 OH
Rev. 03/28/96 /9
Issues (and Supporting Information Sources) Potentially Potentially LCSS Than Nu
Significant Significant Slyticut Impacr Impact Unless lmpscr
Millgation
Incorporated
b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5 4-1 - 5.4-24) 0 0 OB . . . . . .
c) Locally designated natural communities (e.g. oak forest.
d) Wetland habitat (e.g. marsh, riparian and vernal pool)?
e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1
- ., 0 0 om
0 €4 on coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24)
(#l:Pgs 5.4-1 - 5.4-24, #4)
- 5.4-24) 0 0 om
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
inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-
c) Result in the loss of availability of a known mineral
1 - 5.13-9)
resource that would be of future value to the region and
the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
5.13-1 - 5.13-9)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals orradiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5)
b) Possible interference with an emergency response plan
or emergency evacuation plan? (#l:Pgs 5.10.1-1 -
5.10.1-5)
c) The creation of any health hazard or potential health
d) Exposure of people to existing sources of potential
hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
e) Increase fire hazard in areas with flammable brush,
health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
grass, or trees? (#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-
b) Exposure of people to severe noise levels? (#l:Pgs 5.9-
15)
1 - 5.9-15)
XI. PUBLIC SERVICES. Would the proposal have an effect
upon. or result in a need for new or altered government
services in any of the following areas:
a) Fire 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?
e) Other governmental services? (#l:Pgs 5.12.1-1 -
(#l:Pgs5.12.1-1 - 5.12.8-7)
5.12.8-7)
0 0
0 0
0 0
o 0
0 0
0 o
I7 0
0 0
0
0
0
0
0
0
0
0
0
0
0
0
0 0
0
IXI
[XI
IXI
0
I Rev. 03/28/96 20
Issues (and Supporting Information Sources) Potentially Potentlally Less Than No
Significant Slgniiicunl Sipulicmt Irnp3i.t Impact Unless Impact
Mitigation
Incorporated
XILUTJLITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies, or
a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 8:
substantial alterations to the following utilities:
5.13-1 - 5.13-9)
b) Communications systems? (#l:Pgs 5.12.1-1 - 5.12.8-7)
c) Local or regional water treatment or distribution
d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7)
e) Storm water drainage? (#l: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 -
0 0 om
0 om om
OM 0 0 om 0 0 om
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7)
5.12.3-7) 0 0 om
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#l:Pgs
b) Have or demonstrate a negative aesthetic effect?
c) Create light or glare? (#l:Pgs 5.11-1 - 5.1 1-5)
5.11-1 -5.11-5)
(#l:Pgs 5.11-1 - 5.11-5)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8-
b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8-
c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10)
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 impact area? (#l:Pgs 5.8-1 - 5.8-10)
10, #8)
10, #5)
XV.RECREATIONAL Would the proposal:
a) Increase the demand for neighborhood or regional parks
5.12.8-7)
or other recreational facilities? (#l:Pgs 5.12.8-1 .
b) Affect existing recreational opportunities? (#l:Pgs
5.12.8-1 - 5.12.8-7)
IXI 00
0 €3 on
0 OH
0 0 OM
UM
0 0 oIxI
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
8 Rev. 03/28/96 21
Issues (and Supporting Information Sources). Potentially Potentially Less Than ‘uo
Significant Significant Slgmficm lnlpsci Impact Unless Impact
Mitigation
Incorporated
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
0 0 OH
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 California history or
prehistory?
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 connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)
Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
‘0
0
0 OH
9 Rev. 03/28/96 22
XVII. 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)@). 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 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 earlier document and the extent to which they address site-
specific conditions for the project.
10 Rev. 03/28/96 23
DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING
The proposed project is the subdivision of 52.33 acres of land into four industrial lots and one
open space lot on property located west and adjacent to El Camino Real, north of Faraday
Avenue, east of College Blvd., and east the easterly terminus of Salk Avenue. A general plan
amendment is to designate the property Planned Industrial from the existing Unplanned Area
designation and to amend the open space land use boundaries to conform the boundaries as
determined by the biological survey of the property. The zone change is to rezone the property
from the existing Limited Control designation to Planned Industrial, which conforms to the
Planned Industrial Land use designation. The project requires 500,000 cubic yards of balanced
grading over 36.5 acres to create the industrial pads and the continuation of Salk Avenue to El
Camino Real. The remaining 20.3 acres will be an open space lot that will contain native habitat
and habitat mitigation areas. Improvements consist of roadway and associated curb, gutter, and
sidewalk improvements and utility and drainage structures. The drainage structure will provide
for riparian habitat restoration. Storm water and runoff water quality control will occur on each
individual lot so as to not impact the riparian restoration basin. A passive park area is proposed
along the north side Salk Avenue.
The project site includes a portion of Letterbox Canyon with its associated drainages and the
adjacent upland slopes. The site is bounded by El Camino Real to the east and north, developing
residential north of El Camino Real, and existing industrial development surrounding the site.
The site is predominately covered with non-native grasslands, followed by non-native grassland
with thread-leaved brodiaea and Diegan coastal sage scrub. The project also contains small areas
of valley needlegrass grassland and jurisdictional and non-jurisdictional wetlands. Sensitive
wildlife found on the site consists of raptors and a pair of California gnatcatchers.
11. ENVIRONMENTAL ANALYSIS
The project falls within the scope of the City’s MEIR for the City of Carlsbad General Plan
update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding
Considerations was adopted for cumulative impacts to air quality and traffic. An 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 except under certain circumstances. 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 circumstances under
which the MEIR was certified. The only potential changed circumstance, the intersection failure
at Palomar Airport Rd. and El Camino Real, has been 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. All feasible mitigation measures identified by the MEIR which are
appropriate to this project have been incorporated into the project.
B. Environmental Impact Discussion
I Land Use and Planning
The project site is presently land use designated Unplanned Area, which is an area where future
land use has not been completed or formalized. . It has been determined that properties in
11 Rev. 03/28/96 24
proximity to Palomar Airport are not appropriate for residential development. The planned
industrial designation proposed would be consistent with the airport as well as the existing
adjacent industrial land use designated properties.
The existing zoning designation of Limited Control is proposed to be changed to Planned
Industrial, which would be consistent with and implement the General Plan planned industrial
land use designation.
111. Geologic Problems
The geotechnical investigation discusses the undocumented fills, upper 1 to 3 feet of topsoils,
and the on-site alluvium as dry, desiccated and potentially compressible. The soils are not
considered suitable for structural loads or support of fill soils in there present condition.
Remedial grading measures, such as removal and recompaction, will be necessary to mitigate
this condition. The project shall incorporate the recommended remedial grading measures in the
geotechnical report to reduce the potential for impacts due to expansive soils. Seepage waters
will need to be mitigated through the installation of sub-drains within the canyon bottoms.
The project proposes slopes of 1112 to 1 along the El Camino Real frontage, which are steeper
than the standard 2:l slopes. The slopes were reviewed to ensure that there was adequate slope
stability with the increase in slope angle and that slope failure would not occur. The increase in
slope angle reduces the impacts to the non-native grassland with thread-leaved brodiaea.
IV. Water
Letterbox Canyon is identified as being within hydrologic unit number 904.3 1. The development
of the site will result in increased runoff volumes generated by the increase in impervious
surfaces. Due to the capacity constraints of the existing downstream storm drain tnuk line size
(48”), all tributaries would need to detain post-development runoff to produce a volume equal to
or less than the existing condition flows, based on the San Diego County 100 year storm criteria.
In order to achieve the desired reduced runoff volumes, a detention basin is proposed near the
westerly boundary of the project, within the Letterbox Canyon adjacent to proposed Salk
Avenue. The existing detention basin will be replaced and relocated to the east by another larger
detention basin to accommodate the additional flows and as a wetland mitigation site. The basin
would reduce peak flows from 126 Cubic Feet per Second (CFS) down to -35 CFS, with a total
outlet flow of 37 CFS. The existing flow is 59 CFS. Other off-site drainage occurs onto El
Camino Real at a projected rate of 36.2 CFS, which would increase, to 39.7 CFS. The combined
effect of the slight increase in the El Camino Real flows, and the decrease in the flows of
Letterbox Canyon is that the total site runoff generated under developed conditions will be less
than the site runoff generated under existing conditions. The development of the detention basin
will mitigate the potential runoff flow to a level below significant.
Temporary sedimentation basins shall be installed on each undeveloped, graded pad. Each
undeveloped building pad that is to remain undeveloped for a period greater than six months
shall be landscaped pursuant to the City of Carlsbad landscape manual. Both of these measures
will further mitigate the potential for off-site siltation.
V. 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
12 Rev. 03/28/96
traveled. These subsequently result in increases in the emission of carbon monoxide, reactive
organic gases, oxides of nitrogen 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 alternative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the 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 Ovemding Considerations” for air
quality impacts. This “Statement Of Ovemding Considerations” applies to all subsequent
projects covered by the General Plan’s Final Master EIR, including this project, therefore, no
further environmental review of air quality impacts is required. This document is available at the
Planning Department.
VI. TransportatiodCirculation
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 control. 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 ensure the provision of circulation facilities concurrent with need; 2) provisions to develop
alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian
linkages, and commuter rail systems; and 3) participation in regional circulation strategies when
adopted. The diversion of regional through-traffic from a failing Interstate or State Highway
onto City streets 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 of the project or are included as conditions of project approval. The
project will generate 1,800 average daily trips. Conditions of project approval will include
constructing Salk Avenue through to El Camino Real.
Regional related circulation impacts are considered cumulatively significant because of the
failure of intersections at buildout of the General Plan due to regional through-traffic, therefore,
13 Rev. 03/28/96 26
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 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.
VII. Biological Resources
The FoxMiller property is identified as a Special Resource Area in the Habitat Management
Plan (HMP). The plan identifies the Brodiaea as a major population of a narrow endemic plant
population and an important species for conservation. The project complies with the hard-line
biological area specified within the HMP.
The project will impact 36 acres of area within the 52.33-acre project boundary, including 2.60
acres of Diegan coastal sage scrub, .19 acres of valley needlegrass grassland, 31.32 acres of non-
native grassland, and 1.89 acres of developed area. Impacts to Diegan coastal sage scrub and
valley needlegrass grassland, both considered sensitive habitats, will require mitigation. Several
species are present on-site: thread-leaved brodiaea; California adolphia; California gnatcatcher;
white-tailed kite; northern harrier and Cooper’s hawk. Impacts to the sensitive plants or the nests
of breeding raptors, if present, will require mitigation. The proposed project will impact 0.19
acre of non-wetland jurisdictional waters and 0.03 acre of jurisdictional wetlands, which will
require mitigation. The linear distance of these features is approximately 2,500 feet. The table
below summarizes the discussion above.
Vegetation
15.66 (S:l) 13.3 31.32 44.62 Non-native grassland
.57 (3:l) 0.07 .19 .26 Valley Needlegrass
5.2 (2:l) 2.96 2.6 5.56 Diegan coastal sage
Provided Preserved Impacts Acreage Community
Mitigation Acreage Acres Project Existing
scrub
Thread-leaved 10.67 (100%) 8.5* 2.17* 10.67*
I I I I ACOE Jurisdictional 1 0.24 0.39 0.02 0.22
Drainages * Contained within the Non-native grassland area.
Mitigation measures include on-site restoration of disturbed habitat, revegetation of impacted
habitat, transplantation of sensitive plants, and creation of wetland habitat, which will reduce the
impacts to less than significant.
Of the 10.67 acres of thread-leaved brodiaea, 8.5 acres will not be disturbed (80% of the
population). Mitigation of the disturbed 2.17 acres of thread-leaved brodiaea habitat will include
the recovery of bulbs within the impacted non-native grassland habitat and transplantation of the
bulbs to the grassland slopes within the open space. The transplantation technique shall be by a
14 Rev. 03/28/96 27
method approved by the Wildlife agencies. A CDFG 2081(b) take permit and a USFWS
lO(a)(l)(A) permit shall be secured prior to grading permit issuance.
Impacts to Diegan coastal sage scrub, which has determined to be occupied by the California
gnatcatcher, are mitigated at a ratio of 2: 1. Impacts to 2.6 acres of Diegan coastal sage scrub will
be mitigated by the on-site preservation of 2.96 acres of Diegan coastal sage scrub and the
conversion of 2.24 acres of non-native grassland to coastal sage scrub.
Impacts to 0.19 acres of valley needlegrass grassland will be mitigated at a ratio of 3:l through
the conversion of .57 acres of non-native grassland to native grassland habitat with brodiaea.
The project proposes to impact 31.32 acres of non-native grassland habitat. Non-native
grasslands are a significant habitat as this plant community can be a significant resource for
foraging raptors, may support sensitive plant species, and may serve as a habitat linkage. Non-
native grassland habitats are important components of the natural open space areas within the
City, and a mitigation ratio of .5:1 for non-native grasslands is consistent with the mitigation
requirements utilized in other parts of the County of San Diego. The project would require a
total of 15.66 acres of mitigation land. The project preserves 13.3 acres of the non-native
grasslands on site. The remaining 2.93 acres of habitat may be mitigated by preserving habitat
on-site or by the payment of an in lieu fee which is consistent with the Draft Habitat
Management Plan. Prior to approval of final map, applicant shall pay to the City $1 1,570.57 to
mitigate impacts to the non-native grassland habitat. If the HMP is approved prior to final map
approval, the funds shall be used for acquisition of acreage in the designated core area as
described in the City’s HMP. If the HMP is not approved, the City, in consultation with the
wildlife agencies, will determine the most beneficial use of funds including but not limited to one
or more of the following:
A. acquisition of acreage in designated County Core area;
B. other programs as determined by City to enhance habitat preservation in the City.
Impacts to 0.03 acre of wetland will be mitigated on-site at 2:l and impacts to .19 acre of non-
wetland jurisdictional water will be mitigated on-site at 1:l. A 0.39-acre basin will be created
within the western portion of letterbox Canyon, remaining as open space and revegetated with
willow scrub species. This basin will be supported by natural water and runoff from the adjacent
developed areas. Impacts to wetlands will require a streambed alteration agreement from the
Calif. Dept. of Fish and Game, an individual 404 permit from the US. Army Corps of Engineers,
and a 401 certificate from the Regional Water Quality Control Board.
Impacts to active raptor nests can be avoided by removing all vegetation, which will be impacted
by the development, within the project area outside the breeding season (September 1 to
January31). If vegetation must be removed within the breeding season (February 1 to August
31), a survey for active nests shall be performed by a qualified biologist prior to vegetation
removal. If an active nest is identified, no construction activity shall be performed within SO0
feet of the nest until the young are independent of their parents. A biologist shall monitor any
active nests during construction to determine whether the activity is interfering with the nest and
to determine when the young are independent of their parents.
Impacts to active coastal California gnatcatcher nests can be avoided by removing the Diegan
coastal sage scrub within the project area outside the breeding season, which is February 15 to
August 31. If vegetation must be removed during the breeding season, a pre-construction
15 Rev. 03/28/96
clearance survey should be conducted by a qualified biologist to ensure that no nest are located
in, or within, a 200-foot buffer around the proposed footprint. A biologist shall monitor all
vegetation removal to ensure there are no direct impacts to individual birds. If an active nest is
identified, work may need to be postponed until the young are independent from the nest.
The project shall use native plants to the greatest extent feasible in the landscape areas adjacent
to and /or near mitigationlopen space areas andor wetlandriparian areas. The applicant should
not plant, seed, or othenvise introduce invasive exotic plant species to the landscaped areas
adjacent to and /or near mitigationlopen space areas and/or wetlandriparian areas. Exotic plant
species not to be used include those species listed on Lists A and B of the California Exotic Pest
Plant Council’s list of “Exotic Pest Plants of greatest Ecological Concern in California as of
October 1999.” This list is found on their website at www.caleppc.org.
X. Noise
The project site is located outside the 60 CNEL of the Palomar Airport. The project site is
adjacent to El Camino Real, a circulation element roadway. The project incorporates a condition
to record against the property a disclosure that the project is adjacent to a circulation element
roadway and the potential for noise from the roadway. The developer shall provide a noise study
prior to building permit issuance which shows that the interior noise levels of the future buildings
will not exceed 65 &(A)
XIII. Asthetics
The project is located adjacent to El Camino Real, which is designated a scenic corridor.
Grading of the site to accommodate industrial development adjacent to the scenic corridor would
create an impact to the existing aesthetic character of the project area. The proposed project
would require 501,500 cubic yards of cut and 498,200 of fill over 36.5 acres. The southeastern
portion of the site adjacent to El Camino real would be graded to a flat pad, which on the
northern end would be 10 feet higher than the roadway and the southern end 10 feet lower than
the roadway. The future Salk Avenue intersection with El Camino Real will create an upslope
condition adjacent to El Camino Real. Presently there are unlandscaped slopes that exceed the
city’s 2:1 slope standard. Proposed Lot 1 is separated from El Camino Real by the sensitive
brodiaea habitat area. The slopes will be visible from El Camino Real.
Mitigation measures that include implementation of the project’s landscape concept plan and
grading plan which includes tree plantings along El Camino Real and manufactured slope
plantings and contour grading to naturalize the manufactured slopes to existing slopes will
mitigate the negative visual impacts to below a level of significance. Future development of the
industrial pads adjacent to El Camino Real will require the processing of a Special Use Permit
and show compliance with the El Camino Real Corridor Development Guidelines.
16 Rev. 03/28/96
XIV. Cultural Resources
Paleontological resources were found during the survey and significant fossil remains have been
collected adjacent to the property (Carlsbad Research Center and Terraces at Sunny Creek). It is
probable that significant paleontological resources exist on the property. Development of the
property could adversely impact these resources. A mitigation program which involves review
of the grading plans, attendance of a paleontologist at grading meetings and during the grading
operation with the authority to direct grading operations to salvage resources, and curation, at the
direction of the property owner, of the resources will mitigate the impacts to a less than
significant level. Portions of the site will not be disturbed because of sensitive biological
resources. These undisturbed areas have the potential to have paleontological resources that will
remain undisturbed unless future mitigation of the biological resources allows for the grading
and exploration of those resources. Areas left on a natural state will also mitigate the impacts to
the paleontological resources.
111. 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, California, 92008,
(760) 602-4613.
1. 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 update FoxMiller Property adiacent and southwesterly of El
Camino Real, North of Faradav Avenue. Carlsbad, California, Dated July 6, 2000, Agra
Earth & Environmental.
3. FOX/MILLER PROPERTY, CARLSBAD, Dated October 16, 2000, WPA Traffic
Engineering.
4. Revised Biological technical Report for the Fox Propertv project, Carlsbad. California,
Dated April 5,2001, RECON.
5. Fox Property Archaeological Study (RECON Number 3028A1, Dated September 2, 1998,
RECON
6. San Dieno Countv Important Farmland 1992, Farmland Mapping and Monitoring
Program, California Department of Conservation
7. Drainage Report for Fox/Miller Property CT XX-XX Carlsbad, California, dated
September 12,2000, Buccola Engineering, Inc
8. Archaeological and Paleontological Constraints for the Fox Property, Recon Number
2078A, dated September 13, 1989, supplemented by Fox Propertv Archaeological Study,
Recon Number 3028A, Dated September 2,1998
9. Habitat Restoration and Mitigation Plan for Diegan Coastal Sage Scrub. Valley
Needlegrass. with thread-leaved Brodiaea, and Southern Willow Scrub Wetland for the
Fox Property, Carlsbad Ca., dated August 17,2001, RECON
17 Rev. 03/28/96 30
LIST OF MITIGATING MEASURES
1. The project shall implement the Habitat Restoration and Mitigation Plan for Diegan Coastal
Sage Scrub, Valley Needlegrass, with Thread Leaved Brodiaea, and Southern Willow Scrub
Wetland for the Fox Property, Carlsbad, California prepared by Recon dated August 17,
2001.
2. Prior to approval of final map, applicant shall preserve an additional 2.93 acres of non-native
grassland habitat on site or pay to the City $11,570.57 to mitigate impacts to the non-native
grassland habitat. If the HMP is approved prior to final map approval, the funds shall be
used for acquisition of acreage in the designated core area as described in the City’s HMP. If
the HMP is not approved, the City, in consultation with the wildlife agencies, will determine
the most beneficial use of funds including but not limited to one or more of the following:
A. Acquisition of acreage in designated County Core area;
B. Other programs as determined by City to enhance habitat preservation in the City.
3. Prior to approval of a final map or issuance of a grading permit, whichever occurs first, the
Developer shall execute a document or documents to the satisfaction of the Planning Director
and the City Attorney which accomplish at a minimum the following:
A. Continued ownership of open space lot 5 by the Developer or its successor in interest;
B. While in continued private ownership, active maintenance to protect and preserve the
quality of the habitat (including but not limited to reasonable prevention of trespass);
C. Maintenance shall include the removal of any existing trash, debris, and illegal
migrant worker housing; and
D. Transfer of ownership and maintenance responsibility at some future date to the City
or its designee simultaneously with transfer of funding or other acceptable financial
mechanism to provide for management and conservation in perpetuity. (The cost of
management is currently estimated to be approximately $85.00 per acre per year).
4. The following paleontological mitigation measures shall be implemented;
A.
B.
C.
D.
E.
F.
Prior to any grading of the project site, a paleontologist shall be retained to perform a
walkover survey of the site and to review the grading plans to determine if the
proposed grading will impact fossil resources.
A copy of the paleontologist’s report shall be provided to the Planning Director prior
to issuance of a grading permit.
A qualified paleontologist shall be retained to perform periodic inspections of the site
and to salvage exposed fossils. Due to the small nature of some of the fossils present
in the geologic strata, it may be necessary to collect matrix samples for laboratory
processing through fine screens.
The paleontologist shall make periodic reports to the Planning Director during the
grading process.
The paleontologist shall be allowed to divert or direct grading in the area of an
exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
All fossils collected may be donated to a public, non-profit institution with a research
interest in the materials, such as the San Diego Natural History Museum.
18 Rev. 03/28/96 3/
G. Any conflicts regarding the role of the paleontologist and the grading activities of the
project shall be resolved by the Planning Director and City Engineer.
5. Temporary sedimentation basins shall be installed on each undeveloped, graded pad. Each
undeveloped building pad that is to remain undeveloped for a period greater than six months
shall be landscaped pursuant to the City of Carlsbad landscape manual.
6. The project shall use native plants to the greatest extent feasible in the landscape areas
adjacent to and /or near mitigationlopen space areas and/or wetlandhiparian areas. The
applicant should not plant, seed, or otherwise introduce invasive exotic plant species to the
landscaped areas adjacent to and /or near mitigationlopen space areas andor wetlandriparian
areas.
MITIGATION MONITORING PROGRAM
See attached
19 Rev. 03/28/96
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.
20 Rev. 03/28/96 33
ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 3
ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 3
C
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ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 3 of 3
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PLANNING COMMISSION RESOLUTION NO. 52s
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT AND THE OPEN SPACE AND CONSERVATION
ELEMENT OF THE GENERAL PLAN ON PROPERTY
GENERALLY LOCATED EAST OF SALK AVENUE AND
WEST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: FOX MILLER PROPERTY
CASE NO: GPA 00-05
WHEREAS, Mission Beach, L.L.C, a Washington Limited Liability
Company, Mark F. Miller, Dean E. Miller, and Gordon B. Fox, “Developer”/”Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
That portion of Lot “B” and “F” of Rancho Agua Hedionda,
County of San Diego, State of California, according to map
thereof No. 823, filed in the office of the County Recorder of
San Diego County, November 16, 1896, described in a grant
deed recorded August 13, 1992, as Document Number 1992-
0512626
(“the Property”); and
WHEREAS, the City of Carlsbad on behalf of Carlsbad Associates No. 1 LP
and H and D Partners, “Owners” has filed a verified application with the City of Carlsbad
regarding property described as
A portion of Parcel 3 of Parcel Map 17830, in the City of
Carlsbad, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, March 21,
1997 as file number 97-129122 and a portion of Lot “B” of
Rancho Agua Hedionda, County of San Diego, State of
California, according to map thereof No. 823, filed in the office
of the County Recorder of San Diego County, November 16,
1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “GPA 00-05” “A” and “B” dated July 17, 2002, on file in
the Carlsbad Planning Department FOX MILLER PROPERTY - GPA 00-05 as provided in
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Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 17th day of July 2002 and on
the 4th day of September 2002 hold a duly noticed public hearing as prescribed by law to
consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of FOX MILLER PROPERTY - GPA 00-05,
based on the following findings:
Findings:
1. The Planning Commission finds that the project is in conformance with the Elements of
the City’s General Plan based on the facts set forth in the staff report dated July 17,2002
including, but not limited to the following: that the proposed Planned Industrial, Open
Space, and Residential High/CommerciaYOffice land uses are compatible with the
surrounding land uses in that the adjacent land uses are also developed and/or
designated Planned Industrial, Open Space, and Residential HighlCommerciaV
Office; that the land use change is based on the environmental constraints of the
property and is environmentally and topographically appropriate for the site in that
the riparian area, slope and habitat areas are proposed to be designated as Open
Space. The City initiated General Plan amendment involves redesignating a
remnant parcel from Residential High/CommerciaVOffice to Open Space and
placing an Open Space designation on Planned Industrial designated property
which currently has an open space easement and is constrained by native habitat
which is adjacent to proposed Open Space.
2. That the proposed open space area:
A. is equal to or greater than the area depicted on the Official Open Space and
Conservation Map; and
PC RES0 NO. 5238 -2- 31
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B. is of environmental quality equal to or greater than that depicted on the Official
Open Space and Conservation Map; and
C. is contiguous or within close proximity to open space as shown on the Official
Open Space and Conservation Map.
Conditions
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and ZC 00-07 and is subject to
all conditions contained in Planning Commission Resolutions No. 5237 and 5239 for
those other approvals.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of September 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~MILI~R
Planning Director
PC RES0 NO. 5238 -3-
GPA 00-05-"A"
EXISTING UA, OS, PI, RHlClO
@
FOX MILLER PROPERTY
GPA 00-05
GPA 00-05-‘8”
PROPOSED PI, OS, RHICIO
@
FOX MILLER PROPERTY
GPA 00-05
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PLANNING COMMISSION RESOLUTION NO. 5239
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
CONTROL TO PLANNED INDUSTRIAL, OPEN SPACE, AND
MANUFACTURING - QUALIFIED DEVELOPMENT
OVERLAY ZONE ON PROPERTY GENERALLY LOCATED
EAST AND WEST OF EL CAMINO REAL BETWEEN
FARADAY AVENUE AND COLLEGE BOULEVARD IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: FOX MILLER PROPERTY
CASE NO: ZC 00-07
WHEREAS Mission Beach, L.L.C, a Washington Limited Liability Company,
Mark F. Miller, Dean E. Miller, and Gordon B. Fox, “Developer”/”Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
That portion of Lot ”F” of Rancho Agua Hedionda, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego
County, November 16, 1896, described in a grant deed
recorded August 13,1992, as Document Number 1992-0512626
(“the Property”); and
WHEREAS, the City of Carlsbad on behalf of H and D Partners, “Owner” has
filed a verified application with the City of Carlsbad regarding property described as
A portion of Lot “B” of Rancho Agua Hedionda, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego
County, November 16,1896
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X” dated July 17, 2002, on file in the Planning Department, FOX MILLER
PROPERTY - ZC 00-07 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of July, 2002 and on
the 4th day of September 2002 hold a duly noticed public hearing as prescribed by law to
consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL Of’FOX MILLER PROPERTY - ZC 00-07
Findings:
1. That the proposed Zone Change from Limited Control and Office to Planned
Industrial, Open Space, and Manufacturing - Qualified Development Overlay Zone
is consistent with the goals and policies of the various elements of the General Plan, in
that the proposed Planned Industrial zoning replaces the L-C Zone which is
intended to be an interim zone designation. The proposed Planned Industrial, Open
Space, and Manufacturing - Qualified Development Overlay zones are consistent
with the proposed Planned Industrial and Open Space Land Use designation. The
project area is located adjacent to a major circulation roadway providing adequate
transportation access and is located in an area that is least desirable for residential
development because of its proximity, and influence from, McClellan-Palomar
Airport.
2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the Planned Industrial, Manufacturing-Qualified Overlay Zone, and
Open Space zoning designations, as shown on Exhibit “ZC 00-07”, implements the
proposed Planned Industrial and Open Space General Plan Land Use Designations.
3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that industrial uses allowed
by the proposed zone change are compatible with surrounding industrial uses and
the Open Space designation will protect sensitive native floral and faunal habitats.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and GPA 00-05 and is subject to
all conditions contained in Planning Commission Resolutions No. 5237 and 5238 for
those other approvals.
PC RES0 NO. 5239 -2- L/3
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 4th day of September 2002, by the following
vote, to wit:
AYES : Chairperson Trigas, Commissioners
Heineman, Segall and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.%O~ILL%
Planning Director
PC RES0 NO. 5239 -3-
Baker, Dominguez,
47
,The City of Carlsbad Planning Department EXHIBIT 5
A REPORT TO THE PLANNING COMMISSION
@ Application complete date: July 17,2002
P.C. AGENDA OF: September 4,2002 Project Planner: Van Lynch
Project Engineer: Frank Jimeno
SUBJECT: GPA 00-05/ZC 00-07/CT 00-201PIP 00-02/HDP OO-ll/SUP 00-10 - FOX
MILLER PROPERTY - Request for the recommendation of adoption of a
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and the recommendation of approval for a General Plan Amendment and
Zone Change and the approval of a Tentative Tract Map, Planned Industrial
Permit, Hillside Development Permit, and Special Use Permit to subdivide and
grade a 53.65 acre parcel to create a five lot industrial subdivision located
adjacent and west of El Camino Real, north of Faraday Avenue and south of
College Boulevard in Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5237, 5238, and
5239 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and RECOMMENDING APPROVAL of GPA 00-05, and
ZC 00-07, and ADOPT Planning Commission Resolutions No. 5240, 5241, 5242, and 5243
APPROVING CT 00-20, PIP 00-02, HDP 00-1 1, and SUP 00-10, based on the findings and
subject to the conditions contained therein.
11. INTRODUCTION
This project was continued from the July 17, 2002 Planning Commission meeting to allow staff
to address the applicant’s concerns regarding project conditions and to allow staff time to
research the Planning Commission’s design concerns. Staff has reviewed the requested changes
to the conditions of approval and has amended the conditions to the satisfaction of both the City
and applicant.
One of the design issues was the intersection of proposed Salk Avenue with El Camino Real.
There is a concern that the addition of another intersection on El Camino Real would be a
problem and the consideration of a cul-de-sac design should be reviewed. Salk Avenue is
proposed to be right in and out only onto El Camino Real. Access is needed to El Camino Real
to comply with Engineering’s policy on single-entry development. The project with a cul-de-sac
design would exceed the one-half mile street length requirement; exceed the traffic volumes at
the project entrance; and the net buildable lot area served by the street exceeds the 25-acre
threshold by 24.2 acres.
The other issue was regarding the requirement to secure dedication and improvements to the
rental yard property. The City will secure the additional right-of-way dedication and the
GPA OO-O5/ZC 00-07KT OU-20PIP 00-02MDP 00-1 l/SUP 00-10 - FOX MILLER PROPERTY
September 4,2002
developer is conditioned to complete the full width (three-lanes) improvements to El Camino
Real and to be reimbursed by the City for the improvements. The issue regarding future access
from the rental yard property to El Camino Real will be determined when a project is submitted
on that property. An easement for access purposes is being provided across Lot Two for the
rental yard property.
The original staff report identified remnant parcels of land located on the east side of El Camino
Real, north and south of Cougar Drive. This triangular portion of land was believed to be within
the project boundary. Subsequent to the July 17 meeting, the title company discovered that the
property was granted to the County of San Diego and then annexed into the City of Carlsbad.
Staff is still requesting the proposed general plan and zoning changes, as the designations are still
needed to enable adjacent properties to adjust the property into theirs.
New tentative map exhibits have been provided to clarify the improvements in front of the rental
yard property and project boundary. Please discard the previous exhibits distributed with the July
17,2002 package.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Planning Commission Resolution No. 5237 (Mit. Neg. Dec)
Planning Commission Resolution No. 5238 (GPA)
Planning Commission Resolution No. 5239 (ZC)
Planning Commission Resolution No. 5240 (CT)
Planning Commission Resolution No. 5241 (PIP)
Planning Commission Resolution No. 5242 (HDP)
Planning Commission Resolution No. 5243 (SUP)
Location Map
Revised Reduced Exhibits
Staff Report dated July 17,2002
Amended Full Size Exhibits “A” - “W, dated July 17,2002
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The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. @
P.C. AGENDA OF: July 17,2002
Application complete date: July 17, 2002
Project Planner: Van Lynch
Project Engineer:. Frank Jimeno
SUBJECT: GPA 00-05/ZC 00-07/CT 00-20/PIP OO-OZ/HDP 00-ll/SUP 00-10 - FOX
MILLER PROPERTY - Request for the recommendation of adoption of a
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and the recommendation of approval for a General Plan Amendment and
Zone Change and the approval of a Tentative Tract Map, Planned Industrial
Permit, Hillside Development Permit, and Special Use Permit to subdivide and
grade a 53.65 acre parcel to create a five lot industrial subdivision located
adjacent and west of El Camino Real, north of Faraday Avenue and south of
College Boulevard in Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5237, 5238, and
5239 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and RECOMMENDING APPROVAL of GPA 00-05, and
ZC 00-07, and ADOPT Planning Commission Resolutions No. 5240, 5241, 5242, and 5243
APPROVING CT 00-20, PIP 00-02, HDP 00-11, and SUP 00-10, based on the findings and
subject to the conditions contained therein.
11. INTRODUCTION
These applications propose the subdivision and grading of a 53.65-acre parcel into a five lot
industrial subdivision including one open space lot. The 20.4-acre open space lot preserves a
significant amount of sensitive habitat found on the property. The property is generally located
adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard.
The project includes extending Salk Avenue from its existing eastern terminus to El Camino
Real.
The General Plan Amendment is to change the land use designation from Unplanned Area to
Planned Industrial and a Combination District consisting of Residential High Density/
CommerciaVOffice (RwC/O) and to adjust the boundary of the Open Space designation based
on a biological swey of the propcrty. The General Plan Amendment also includes a City
initiated amendment of the adjacent property to the west from Planned Industrial to Open Space
and a remnant portion of a parcel to the north from RH/C/O to Open Space. The existing zoning
of Limited Control is proposed to be changed to Planned Industrial, Manufacturing - Qualified
Overlay Zone, and Limited Control to conform to the Planned Industrial land use designation and
surrounding zoning designations.
GPA 00-05/ZC 00-07/CT 00-20PIP OO-O2/HDP 00-1 1/SUP 00-10 - OX MILLER
PROPERTY
July 17,2002
Page 2
The site’s existing steep slopes requires the processing of the Hillside Development Permit and
the projects adjacent to the El Camino Real scenic corridor requires the Special Use Permit. The
property is not located within the Coastal Zone. The project is in compliance with all city
requirements. A Mitigated Negative Declaration is proposed containing mitigation measures for
biological, geological, and paleontological resources.
111. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting that the Planning Commission recommend approval of a General
Plan Amendment and Zone Change, and approve a Tentative Tract Map, Planned Industrial
Permit, Hillside Development Permit, and Special Use Permit for the Fox Miller property. The
project site has a total area of 53.65 acres located adjacent’to and west of El Camino Real, north
of Faraday Avenue, and south of College Boulevard. The project consists of a five-lot industrial
subdivision and grading to create four building pads, which range in net areas from 3.3 to 7.2
acres. No buildings are proposed with this application. Salk Avenue, which currently terminates
at the project’s western boundary, will continue through the project site to provide right in and
out access to El Camino Real and align with Cougar Way. An easement from Salk Avenue
through Lot 2 provides access to the adjacent equipment rental yard located southeast of the
project. This easement may provide access to that property in the future if access to El Camino
Real is revoked. A landscaped picnic area is provided adjacent to Salk Avenue near the center of
the project site. Extensive landscaping is proposed on all manufactured slopes, roadway
frontages and the El Camino Real median. Within the slopes that face El Camino Real, eight
evenly spaced four-foot high by 10 to 15 feet wide vertical cut slopes will be left un-landscaped.
These exposed cuts will allow for the viewing of the underlying geologic formation as does the
existing road cuts along El Camino Real. The cuts into the slopes have been reviewed and found
stable by a third party engineering review.
The project site contains a portion of Letterbox Canyon with its associated drainages. Letterbox
Canyon drains into Agua Hedionda Creek, which flows into Agua Hedionda Lagoon. The site is
gently to moderately sloping hillside terrain with northerly to northwesterly trending ridgelines.
The total site relief is approximately 164 feet. The site is predominantly covered with non-native
grassland, and in descending amounts, non-native grassland with thread-leaved brodiaea, coastal
sage scrub and Valley needle grass. A 20.4-acre open space lot is proposed which preserves a
significant amount of the sensitive habitats including thread-leaved brodiaea, coastal sage scrub,
grasslands, and wetlands. A small southeasterly portion of the site, adjacent to the neighboring
equipment rental yard, has been disturbed by previous gradingklearing activity. Industrial
developments are adjacent to the south and west (Carlsbad Research Center). To the northeast
across El Camino Real is the Terraces at Sunny Creek residential development. To the east
across El Camino Real is the Madonna Hill residential care facility and a proposed office
building. An equipment rental yard and irrigation supply stores are located adjacent and
southeast of the project.
Grading for the project consists of 500,000 cubic yards of cut and fill resulting in a balanced
grading plan.
The following table lists the general plan, zoning and existing land use for the site and adjacent
properties:
GPA OO-O5/ZC 00-07/CT U0-20PIP 00-02kIDP 00-1 l/SUP 00-10 -FOX MILLER
PROPERTY
July 17,2002
General Plan, Zoning & Existing Land Use for the Site and Adjacent Property
GENERAL PLAN EXISTING LAND ZONING
USE
Site
Vacant'Office and Manufacturing-Q- PI and RH/C/O East
Industrial Heavy Commercial Planned Industrial South
Residential - graded Residential Density - Residential - High North
Vacant Limited Control (LC) Unplanned Area (UA) and Open Space (OS)
density (RH) residential lots Multiple
(PI) Development (C-M)
overlay and L-C Madonna Hill I retirement home
West I PI I C-M I Industrial ~~~ , I I I Development' Open
Applicable Regulations
The proposed project is subject to the following plans, ordinances and standards as analyzed
within the following section of this staff report:
A. General Plan Amendment and Zone Change - Land Use Element - Planned Industrial
(PI) and Open Space (OS) General Plan Land Use Designations;
B. Planned Industrial Zone (Carlsbad Municipal Code Chapter 21.34);
C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code);
D. Hillside Development Ordinance (Carlsbad Municipal Code Chapter 21.95);
E. Special Use Permit (Carlsbad Municipal Code Chapter 21.40);
F. Comprehensive Land Use Plan for McClellan-Palomar Airport; and
G. Growth Management Ordinance (Local Facilities Management Plan Zone 5).
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. Therefore, this section will
cover the project's compliance with each of the regulations listed above in the order in which
they are presented.
GPA 00-05iZC 00-07iCT 00-20/PIP 00-02MDP 00-1 l/SUP 00-10 - FOX MILLER PROPERTY
July 17,2002
A. General Plan Amendment and Zone Change
As shown on Exhibit "X", the proposed General Plan designation for the development area of the
project site is Planned Industrial (PI), RHICIO and Open Space (OS). The existing General Plan
designation for the site is Unplanned Area (UA) and OS. The UA designation was applied to
properties where planning for future land uses has not been completed or where plans for
development have not been formalized. Because of the property's proximity to Palomar Airport
and existing industrial development, it has been determined that residential development would
not be an appropriate use. The proposed Planned Industrial use would be compatible with the
adjacent existing Planned Industrial designated and developed lands.
The development area of the project site is presently zoned Limited Control. The proposal is to
rezone the property to Planned Industrial (P-M), M-Q and L-C. The P-M designation is an
appropriate zoning designation to implement and maintain consistency with the Planned
Industrial General Plan land use. The zoning will also be compatible with the adjacent
industrially zoned properties.
A portion of the project is located on the east side of El Camino Real, bisected by Cougar Way,
as a result of the realignment of El Camino Real over the years. This small area may be
quitclaimed or boundary adjusted, with the cooperation of the property owner, to the adjacent
property owners for their use. Appropriate General Plan land use and Zoning designations are
proposed to match the existing and adjacent properties designations. The portion east of El
Camino Real and north of the centerline of Cougar Way is proposed to be land use designated
Residential HigWCommercial/Offce to match the existing adjacent Combination District land
use designation (Madonna Hill).
The existing adjacent zoning is LC; therefore, the zoning of this portion will remain as LC. The
portion east of El Camino Real and south of the centerline of Cougar Way is proposed to be land
use designated PI and zoned as Manufacturing - Qualified Development Overlay Zone (M-Q) to
match the existing adjacent PI land use and M-Q zoning designations.
A remnant portion of a parcel from the Sunny Creek project lies on the south side of El Camino
Real and is adjacent to the Fox Miller Property. This remnant's General Plan designation is
proposed to be changed from RWCiO to Open Space and zone changed from office (0) to Open
Space. This would permit the property to be adequately general plan designated and zoned
properly to be quitclaimed into the Fox Miller Property.
The present General Plan map shows an OS area, roughly 4.9 acres in size, that generally covers
the Letterbox Canyon area. The General Plan amendment is to change the boundary of the OS
areas to coincide with the physical and environmental constraints of the property. The proposed
OS area is 20.4 acres in size. The property has been biologically surveyed to determine the
sensitive and developable portion of the property. The new proposed OS Land Use and Zoning
boundary will roughly follow the boundary of the non-native grassland with thread-leaved
brodiaea and the south-facing slope of Letterbox Canyon. An amendment to the Open Space and
Conservation Map will also be made to reflect the amendment.
GPA 00-OS/ZC 00-07/CT 00-2OPIP 00-02MDP 00-1 1/SUP 00-10 - FOX MILLER
PROPERTY
July 17,2002
Page S
General Plan Compliance
The project complies with all elements of the General Plan as illustrated in the table below:
GENERAL PLA
ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE
OR PROGRAM
Industrial (PI)
Land Use Proposed Planned
RHlc/o
Circulation New development
shall dedicate and
improve all public
right-of-way for
needed to serve
circulation facilities
development
Noise Utilize noise
standards contained in
the Noise Guidelines
Manual
Open Space &
than depicted on map
area equal or greater Conservation Proposed Open Space
COMPLIANCE
PROPOSED USES &
IMPROVEMENTS
Industrial lots for
industriaYoEce uses
Residential High
density/
CommerciaVOffice -
Requires Site
Development Plan
prior to further
development
Additional dedication
for a public road (Salk
Avenue), El Camino
Real median and
frontage
improvements.
The project includes
mitigation measures
to achieve the
required interior noise
levels (4SdBA)
Existing 4.9 acres
Proposed 20.4 acres
COMPLY?
Yes
Yes
Yes
Yes
Yes
The project also includes a City initiated General Plan amendment to the property adjacent and
northwest of the project site. The property is located on the northeast comer of Fermi Court and
Salk Avenue and abuts the Fox Miller property. This parcel of land was restricted with an open
space easement, dedicated to the City, with the recordation of a minor subdivision of the land
(MS 96-09) to protect the native and sensitive plants (coastal sage scrub and brodiaea) on the
property. The easement area is 2.789 acres. The General Plan amendment will reflect the open
space easement, better portray the extent of the Open Space land use designation as shown on the
current Land Use and Open Space and Conservation Maps, and relate better to the adjacent open
space mapping for the Fox Miller property.
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Page 6
B. P-M Zoning and Development Regulations
The PM ordinance requires industrial subdivisions to be accompanied by an application for a
Planned Industrial Permit. Most of the development standards apply to the development of each
individual lot. The future development of each individual building pad will require the
processing of a Planned Industrial Permit, which is issued by the Planning Director. Lot number
2, fronting onto El Camino Real, will require a Special Use Permit, which is heard by the
Planning Commission.
The project complies with all requirements of the P-M Zone as demonstrated in the following
table:
STANDARD
Permitted Use
Design criteria:
Minimum Lot Area
P-M ZONE COMPLIANCE
REQUIRED
Business & Light Industries
Comprehensive, imaginative,
and innovative, embracing
land, buildings, landscaping
and their relationships.
Conform to all governmental
agencies for the development
area
Adequate open space,
circulation and other pertinent
amenities
Compatibility with existing
and planned surrounding land
uses and with circulation
patterns on adjoining
properties
Safe, efficient and functional
street system
1 acre
PROPOSED
No specific uses at this time -
lots io accommodate large
industriaYoffice campus
developments
A comprehensive plan that
develops the site in
consideration to the existing
landscape
Yes
Project provides open space,
Salk Avenue and lot sizes that
will allow for off-street
parking and other pertinent
amenities
Project is compatible with
existing and future
surrounding industrial
development. Salk Avenue is
the extension of an existing
roadway.
Salk Avenue will provide two
access points to provide
efficient and functional street
system. A light will be
installed at College/Salk for
safety and functionality
3.3 to 6.7 net lot area in acres
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PROPERTY
Julv 17.2002
P-M ZONE COMPLIANCE, continued
STANDARD
Prime: 50 feet and landscaped Setbacks
PROPOSED REQUIRED
50 feet and landscaped
Local: 35 feet average and
landscaped
35 average and landscaped
individual lot. The mini-park employee eating area
Outdoor Eating Area To be provided by each Each lot shall provide an
shall not count towards this I requirement
C. Subdivision Ordinance
The proposed tentative map complies with all requirements of the City’s Subdivision Ordinance.
The property is contained in one tax code area and each proposed parcel meets the one-acre
minimum parcel size as noted above. All proposed parcels will front to a dedicated street, Salk
Avenue, and all infrastructure improvements related to roadways, drainage, and sewer facilities
will be installed concurrent with development. The project will be conditioned to participate in
the construction of a traffic signal located at College Boulevard and Salk Avenue when
warranted by the Public Work Director. An equipment rental yard and an irrigation supply store
are located adjacent and south of the project site with frontage and access onto El Camino Real.
In the future, if the City requires relinquishment of access rights to El Camino Real, future access
to the parcel will be through an access easement that has been provided through Lot Two. The
proposed building pads are adequate in size to allow for future development to take advantage of
natural heating and cooling opportunities. Public access easements and rights-of-way are being
offered for dedication for the proposed drainage facilities. The project has been conditioned to
pay park in lieu fees to satisfy the recreational element of the general plan.
D. Hillside Development Ordinance (Carlsbad Municipal Code Chapter 21.95)
The project site has various slope conditions that require the Hillside Development Permit. The
applicant has submitted the required slope analysis and profiles that identify the slope conditions.
The property has numerous natural slopes with slope gradients over forty percent, slope heights
that exceed fifteen feet, and slopes that are over 10,000 square feet in area. Some of the slopes
would qualify as prominent landforms such as the south-facing slope associated with Letterbox
Canyon. These characteristics would preclude development of these natural slopes per the
Hillside Ordinance. Development on land designated for nonresidential development is not
required to comply with the volume of grading and slope height requirements. Exclusions are
also permitted for grading volumes and slope heights that are directly associated with circulation
roadways and collector streets.
GPA 00-05/ZC 00-07/CT OU-20PIP 00-02/HDP 00-1 1/SW 00-10 - FOX MILLER
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The project complies with the Hillside Development Ordinance as shown in the table below:
~~ ~~ STANDARD
Undevelopable Slopes:
Natural Slopes of over 40%
gradient and with elevation
differential > 10,000 sq. ft.
and comprising a prominent
landform feature
Grading volumes > 10,000 cu
yds/acre allowed if the project
qualifies as an exclusion or
modification per Sections
91.95.130 and21.95.140
Maximum manufactured slope
height: 40 feet
Contour grading: Required for
manufactured slopes greater
than 200 feet in length and
visible fiom a circulation
roadway, collector street or
usable public open space.
Slope edge building setback.
Landscape manufactured
slopes consistent with City's
Landscape manual.
PROPOSED PLAN
9.16 acres of slopes greater
than 40% exist on the
property. Most prominent
landform feature (Letterbox
Canyon slope) is being
preserved, which is roughly 5
acres. The remaining slopes
are less prominent and are
being developed with Salk
Avenue and industrial pads.
13,700 cu yds/acre including
circulation roadways (El
Camino Real: 48,000 cu yds
and Salk Avenue: 154,000 cu
yds). Without roadway
grading is 10,570 cu yddac.
Grading volume excepted for
nonresidential development
(21.95.140)
Project contains slopes over
40 feet in height for
circulation roadways and pads
three and four. Slope height
excepted for nonresidential
development
Contour grading is proposed.
2:l to 2.4-251 slopes.
Not applicable - no buildings
proposed at this time.
All manufactured slopes are
landscaped per landscape
manual
COMPLIANCE
Yes
Yes
Yes
Yes
NA
Yes
Justification for the grading volume above the acceptable range is based on the existing sloping
terrain, the industrial subdivision design, and the construction of El Camino Real and Salk
Avenue. The grading quantities and slopes created on-site are the result of grading for large
industrial sized lots and the completion of Salk Avenue.
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Page 9
The existing steep slopes along El Camino Real are to be cut back for sight-distance
requirements. These slopes are to be graded at 1.5:1, which is steeper than the standard 2:l
slopes. The Engineering Department staff and a third party engineering consultant have
reviewed the request for the steep slopes to determine their stability. The slopes, because of the
geologic formation, have been found to be very stable with little potential for slope failure. This
is also evident by the existing slopes which are very steep and which have remained in place for
years without failure.
E. Special Use Permit
A Special Use Permit is required for development within the El Camino Real Scenic Corridor
Overlay Zone. The purpose of the overlay is to preserve the scenic qualities and maintain and
enhance the appearance of the roadway through design concepts and development standards.
This section of El Camino Real is defined as area four, located between College Boulevard south
to Sunfresh Rose Company (Cassia Lane). It was anticipated that this area would be developed
with business, research, and service complexes with a variety of architectural styles and the
development standards were developed to create a campus appearance. It is noted in the
standards that the area is on a plateau with the surrounding land falling away and that the views
are not as well defined as the corridor area to the north. The project site is in a transition area
from valley to plateau.
The natural topography adjacent to El Camino Real in the northerly portion of the project will be
preserved in its original state and the southerly portion, roughly one third, will be altered. The
northerly portion of the site, Lot 5, which is constrained with sensitive habitat, will remain in
open space and retain the natural rolling hill topography adjacent to El Camino Real. This
section of the project is very visible from southbound El Camino Real. Lot 1, to be developed
above the open space lot, proposes contour grading to reduce the visual impact of the
manufactured slopes. The existing exposed cut slopes adjacent to El Camino Real will be cut
back to a 1.5:l slope and landscaped. There are eight geologic view popouts that will not be
landscaped. The popouts are four-foot high by 10 to 15 feet wide vertical cut slopes. These are
to preserve the view of the underlying geology for educational purposes, as does the existing
exposed road cut, and would not detract from the corridor. The southern portion, Lot 2, proposes
to create a flat building pad adjacent to El Camino Real. The existing topography is such that the
head of Letterbox Canyon comes up to El Camino Real. The pad will fill up the canyon to about
level with El Camino Real and slightly lower, by ten feet, on the very south end. Other than the
canyon, the existing grades in this southern area are relatively the same as El Camino Real, being
part of the plateau. The canyon will also need to be crossed to complete the Salk Avenue
roadway connection to El Camino Real.
The Corridor Development Standards specify that no cut or fill shall exceed 15 feet within the
development standards area. The development area is defined as 400 - 500 feet from the El
Camino Real roadway for this project. Lot 1 complies with cuts and fills at 15 feet. The grading
for Lot 2 and for the improvements for Salk Avenue will exceed the threshold. Lot Two
proposes a maximum cut of 30 feet and Salk Avenue will require 44 feet of cut.
There are various reasons for the large cut and fill scenarios. The project proposes to create large
flat industrial lots. More topographically sensitive and smaller pads could be developed,
GPA OO-O5/ZC 00-07/CT 00-20/PIP 00-02MDP 00-1 1/SW 00-10 - FOX MILLER
PROPERTY
July 17,2002
however large pads are preferred in that they can accept a larger range of users and are more
attractive to industrial developers. The larger pads could also accept campus style development
as encouraged in the Conidor Standards. Salk Avenue is required to extend through to El
Camino Real for traffic circulation. Because of the existing alignment of Cougar Drive on the
east side of El Camino Real and the intersection spacing requirements along El Camino Real,
Salk Avenue must be placed where proposed. This location happens to be at one of the highest
points of the property thereby resulting in a 44-foot high road cut. Because Salk Avenue must
also cross Letterbox Canyon to reach El Camino Real, a large amount of fill is required. The
vertical elevation of El Camino Real along Lot 2 drops 42 feet from the southeast comer of the
project to the proposed Salk Avenue intersection. The proposed building pad of Lot 2 changes
10 feet across the same distance. Lot 2 is 10 feet below the grade of El Camino Real at the
southem most comer and 10 feet higher than El Camino Real at the intersection with Salk
Avenue.
The corridor standards are also intended to address potential visual impacts associated with tall
buildings placed adjacent to El Camino Real. Building setbacks from the right-of-way are
defined as 30-feet in the Corridor Standards. The Planned Industrial Zone requires a 50-foot
setback adjacent to El Camino Real, a prime arterial, which would further mitigate the impacts of
buildings on the roadway.
The Corridor Standards allows deviations to the standards where practical application of the
standards are not feasible and not in the best interest of good planning practices. Below are the
required four findings for deviations to the standards and the support for the findings.
A. Compliance with a particular standard is infeasible for a particular project.
As discussed above, the project’s grading is to create viable industrial pads
and to connect Salk Avenue to El Camino Real and there are no other
feasible alternatives.
B. That the scenic qualities of the conidor will continue to be maintained if the
standard is not fulfilled. Portions of the scenic qualities of rolling hills will
be preserved with the open space lot. Letterbox Canyon is not readily visible
from El Camino Real. As noted in the standards, the views from this site are
not well defined. The horizon views in this area are of the surrounding
industrial developments. The additional setback required of the P-M zone
would further enhance the corridor. The standards were developed to create
a campus style development along this portion of the conidor, which would
be accomplished with the proposed project.
C. That the project will not have an adverse impact on traffic safety. The
intersection spacing requirement for the placement of Salk Avenue is for
traffic safety. The slopes along El Camino Real have been graded to provide
adequate sight distance for the intersection of Salk Avenue with El Camino
Real. No median break or intersection is planned or proposed with Salk
Avenue and El Camino Real. Salk Avenue will be a right-in and right-out
only.
GPA OO-O5/ZC 00-07/CT 00-2OPIP 00-02iHDP 00-1 1/SUP 00-10 -FOX MILLER
PROPERTY
July 17,2002
D. That the project is designed so as to meet the intent of the scenic preservation
overlay zone. The overlay zone is to supplement the underlying zone by
providing additional regulations to preserve or enhance outstanding views,
flora, and geology, or other unique natural attributes. The project is designed
to preserve the characteristics of the El Camino Real corridor that are
considered worthy of preservation. The project will also encourage the
development of a “campus” design that melds this section of the corridor
together. Increased building setbacks will reduce the impact of a ‘‘tunnel
effect” created by development. Significant areas of habitat are being
preserved with the project and the slope cutouts will allow for the viewing of
the underlying geologic strata.
In summary, the project is in compliance with the El Camino Real Corridor Development
Standards.
F. Comprehensive Land Use Plan (CLUP) for McClellan - Palomar Airport
The project site is located within the Airport Influence Area and approximately 3,000 feet north
of McClellan - Palomar Airport. The site is outside the 60 Community Noise Equivalent Level
(CNEL). The CLUP identifies the proposed industrial use as being a compatible use with
essentially no interference from aircraft noise. The site is almost entirely within the Flight
Activity Zone, which is an area most likely to experience a crash since it is beneath the flight
pattern. The CLUP identifies the land beneath the flight activity zone areas which should be held
free of intensive development such as residential at 10 units per acre, high rise development, and
all uses which involve large groups of people, (more than loo), i.e., churches. The proposed
industrial land use designation would preclude residential uses at that density and the zoning
restrictions would preclude high-rise development. Any proposed use involving a large
assemblage of people would likely require a conditional use permit, which should be found to be
incompatible with the CLUP. The project description was sent to the Airport Manager, in
addition to SANDAG staff, and they reported no outstanding objection to the project.
Projects within the Airport Influence Area must process a site development plan, planned
industrial permit, or other discretionary permit. The project is not required to process a site
development plan since this project has other discretionary permits. Subsequent development
will require the processing of planned industrial permits; therefore a site development plan will
not be required for any subsequent development.
G. Growth Management Ordinance (LFMP Zone 5)
The proposed project is located within Local Facilities Management Zone (LFMP) 5 in the
northwest quadrant. The impacts on public facilities created by this project and compliance with
the adopted performance standards are summarized as follows:
GPA OO-O5/ZC 00-07/CT 00-2OPIP 00-02MDP 00-1 1/SUP 00-10 -FOX MILLER
PROPERTY
July 17,2002
school fee at bldg. permit
The project is estimated to be 174,240 square feet under the Growth Management projection for
Industrial square footage (based on 40% lot coverage).
V. ENVIRONMENTAL REVIEW
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). Staff prepared an initial study for the project and concluded that potentially
significant impacts could result in the areas of air quality, circulation, biological resources,
geology, water quality, aesthetics, paleontological resources and noise. The project is within the
scope of the City’s Master Environmental Impact Report (MEIR) which was utilized to address
the project’s cumulative air quality and circulation impacts. Project specific mitigation
measures are proposed for biological resources, geology, water quality, aesthetics,
paleontological resources and noise. Please see the Environmental Impact Assessment Form -
Part I1 for a detailed description of the mitigation measures and the expanded justification for
the recommendation to approve the Mitigated Negative Declaration. In consideration of the
foregoing, on October 9, 2001, the Planning Director issued a Mitigated Negative Declaration
for the proposed project.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
Planning Commission Resolution No. 5237 (Mit. Neg. Dec)
Planning Commission Resolution No. 5238 (GPA)
Planning Commission Resolution No. 5239 (ZC)
Planning Commission Resolution No. 5240 (CT)
Planning Commission Resolution No. 5241 (PIF’)
Planning Commission Resolution No. 5242 (HDP)
Planning Commission Resolution No. 5243 (SW)
Location Map
GPA OO-OS/ZC 00-07/CT 00-20/PIP OO-O2/HDP OO-ll/SUP 00-10 -FOX MILLER
PROPERTY
July 17,2002
9. Background Data Sheet
10. Local Facilities Impact Assessment Form
11. Disclosure Statements
12. Reduced Exhibits
13. Full Size Exhibits “A” - ‘W, dated July 17,2002
VL:Cmh
73
BACKGROUND DATA SHEET
CASE NO: GPA OO-O5/ZC 00-07/CT 00-20/PIP 00-02EIDP 00-1 1/SUP 00-10
CASE NAME: FOX MILLER PROPERTY
APPLICANT: BOB LADWIG
REQUEST AND LOCATION: General Plan Amendment and Zone Chanee from Unplanned
AredLimited Control for a five lot Industrial subdivision which includes madine for four develooment
pads. Citv initiated General Plan amendment from PI to OS on adiacent narcel.
LEGAL DESCRIPTION: That Dortion of Lot “F of Rancho Aeua Hedionda. Countv of San Dieeo,
Diego Countv, November 16, 1896, described in a erant deed recorded Aueust 13, 1992. as Document
State of California. accordinv to maD thereof No. 823. filed in the office of the Countv Recorder of San
Number 1992-0512626. and a portion of Parcel 3 of Parcel Map 17830, in the Citv of Carlsbad. Countv of
San Dieeo. State of California, filed in the Office of the County Recorder of San Dieeo Countv. March
21. 1997 as file number 97-129122
APN: 212-020-23-00 and 212-130-51-00 Acres: 52.7 Proposed No. of LotsiUnits: 5 Lots
GENERAL PLAN AND ZONING
Land Use Designation: Unplanned Area (UAI and Heavy Commercial - Limited Industrial (CM)
Density Allowed: da Density Proposed: da
Existing Zone: Limited Control Proposed Zone: Planned Industrial
Surrounding Zoning, General Plan and Land Use:
Zonine. General Plan Current Land Use
Site Limited Control Unplanned Area Vacant
North RDM RMH Single-Family
South CM PI Industrial
East M-Q PI Industrial
West CM PI Industrial
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 217
ENVIRONMENTAL IMPACT ASSESSMENT
[XI Negative Declaration, issued Januaw 23,2002
0 Certified Environmental Impact Report, dated
Other,
CITY OF CAFUSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Fox Miller Prouertv - GPA 00-05/ ZC 00-07/ CT 00-201 PIP 00-02/ HDP 00-
11/ SUP 00-10
LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: Unulanned Area to PI/OS
ZONING: Limited Control to Planned IndustriallOuen Suace
DEVELOPER’S NAME: Gordon Fox. Mark and Dean Miller
ADDRESS: 1500 Via Arco, Palos Verde. CA 90274
PHONE NO.:. ASSESSOR’S PARCELNO.: 212-020-23
QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 52.7
ESTIMATED COMPLETION DATE: unknown
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = N/A
Library: Demand in Square Footage = N/A
Wastewater Treatment Capacity (Calculate with J. Sewer) 217 EDU
Park Demand in Acreage = N/A (Zone 5 LFMP
Impactfee $.40/sq.fi.)
Drainage: Demand in CFS = 37 CFS
Identify Drainage Basin = B
Circulation: Demand in ADT = 1,800
Fire: Served by Fire Station No. = 5
Open Space: Acreage Provided = 20.3
Schools: Payment of non-residential school fee at buildine permit issuance
Sewer: Demands in EDU 217
Identify Sub Basin = 5A
Water: Demand in GPD = 47.740
The project is 174,240 square feet under the Growth Management projection for square
footage.
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information be disclosed at the time of application submittal. Your project CannOT
be reviewed until this information is completed. Please print.
Note:
Persen is defined as "Any individual, !inn, co-parmmhip, joint venture, association, social club, fraternal
municipality, dika or other political subdivision or any other group or combination acting as a unit."
organization, corporation, estate, receiver, syndicate, in thii and any other county, city and county. city
Agents may sign this document; however, the legal name and entity of the applicant and pmpcny owner must be provided below.
I. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a comoration or oartnershio. include the
names. title, addresses of all individuals owning more than 10% of the 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 comoration. include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person Corp/Part
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LECALnames and addresses of persons having any ownership
interest in the property involved., Also, provide the nature of the legal ownership (i.e,
partnership. tenants in common, non-profit. corporation. etc.). If the ownership includes a
cornoration or uartnershio, include the names, title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES.
PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclk
owned comoration, include the names. titles. and addresses ofthe corporate officers. (A separate
page may be attached if necessary.)
Person fi~/~ if. rt? I L-LEQ- Corp/Part
Title 0 l4JLJGlZ Title
Address ?%ilCrdL c 6, A p . Address
,
\ ~bLTGVZPr2~SK DR. ALL-\ 50 L'(CJ0, CA . C126SL
2075 Las Palmas Dr. - Carlsbad. CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894 676@
. 3. NON-PROFIT Oh NIZATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonorofit oreanizarion or a trust. lis1 I/I*
names and addresses of person Serving as an officer or director of the non-profir
organization or as mstee or beneficiary of the.
Non Profiflrun Non Profiflrust
Title Title
Address Address
I
4. Have you had more than $250 worth of business msacted with any member of Cit) staff.
Boards. Commissions. Committees and/or Council within the past twelve (12) months? 0 Yes @No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owncr/date Signature of applicanddate
ljwrd I?. ri/lILLG&
Print or type name of owner Print or type name of applicant
,
.
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 77
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board. Commission or Committee.
The following information be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, fm, ~0-p8rtnmhip, joint venture, association, social club, fraternal
orpnizatinn; corporation. estate. bust. nceiva, syndicate, in this and any other county, city and county, city
municipality, district or other politid subdivision or MY other pup or combination acting as a unit."
provided below.
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
I. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of persons having a financial
interest in the application. If the applicant includes a comoration or oartnershio. include the
names. title. addresses of all individuals owning more than IO?h of the shares. IF NO
APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv-owned corooration, include the
names, titles, and addresses of the corporate off'icers. (A separate page may be attached if
necessary.)
Person CorpIPart
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of @& persons having any ownership
interest in the property involved.. Also, provide the nature of the legal ownership (is,
partnership. tenants in common, non-profit, corporation, etc.). It tne ownership inciudes a
corooration or oartnershio, include the names, title. addresses of all individuals owning more
than 10% of the 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 if necessary.)
Person L\o@~oh: ' A . b-0~
Title GLd u&Q Title
Address \See \;I R. AQCO Address
, .... Corp/Part
P434cos V'LLpLz" &S-mTEs,a '?CZ7G
2075 Las Palmas Dr. Carlsbad. CA 92009-1576 - (760) 438-1161 FAX (760) 438-0894 @ 78
- 3. NON-PROFIT OR MZATION OR TRUST If any pzrson identified pursuant to (1) or (2) above is a nonorofit organization or a trust. list tile
names and addresses of ANy person serving as an officer or director of the non-profir
organization or as trustee or beneficiary of the.
Non Profiflmst Non Profiflrust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff.
Boards. Commissions. Committees and/or Council within the past twelve (12) months? 0 Yes No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
1 certify that all the above information is true and comct to the best of my knowledge.
9/6/a
Signature of owneddate i Signature of applicantldate
&'&DC;L 15. Fox
Print or type name of owner Print or type name of applicant
Signature of owner/applicant'sagent if applicableldate
L&DLiJl& ft2YlAW ,'I2O"P, lhjc
f2b&KLT~ E. LADLuiG
Print or type name of ownedapplicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 79
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownenhip interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, fum, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, at, =&e, syndicate, in this and any other county, city and county. city municipality, district or 0th~ political subdivision or any other group 'a combination a*mg as a unit."
Agents may sign this document; however, the ksd name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having a financial
interest in the application. If the applicant includes a cornoration or Dartnership. include the
names. title, addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE @/A) IN THE SPACE BELOW. If a publiclv-owned cornoration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person CorpPart
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership
interest in the propem involved., Also, provide the nature of the legal ownership (i.e,
partnership. tenants in common, non-profit, corporation. etc.). If the ownership includes a
cornoration or Dartnershio, include the names, title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES.
PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv-
owned cornoration, include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
I
2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 (760) 438-1161 - FAX (760) 438-0894 eo@
., . ..I 3. NON-PROFTT 0; NIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit oreanization or a trus1. list the
names and addresses of person senkg an officer or director of the non-profir
organization or as trustee or beneficiary of the.
Non Profiflrust Non Profitrrrust
Title Title
Address Address
s
NOTE: Attach additional sheets if necessary.
1 certify that all the above information is true and correct to the best of my knowledge.
.;.&?b'ih &#
Signnature of owneddate ,,& r.. ~ A M, /Q Signature of applicanddate - >>
&ss 4 .vLt\ LEER
Print or type name of owner Print or type name of applicant
Print or type name of owner/applicant's agent
c
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 .Page 2 of 2 81
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will requlrr]
discretionary action on the part of the City Council or any appointed Board. Commission or Committee. 1
The following information MUST be disclosed at the time of application submittal. Your projecr cannot
be reviewed until this information is completed. Please print.
Note: Person is defmed as "Any individual, fm, co-parmmhip, joint Venture, association, social club, fraternal
municipality, district or other political subdivision or any other group or combination actin,
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. tit?.
0 as a unit."
provided below.
Agents may sign this document; however, the legal name and entity of the applicant and properry owner must be
I. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having a financial
interest in the application. If the applicant includes a comoration or Dannership, include the
names. title. addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE @/A) IN THE SPACE BELOW. If a publiclv-owned comoration. include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person CorplPart
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership
interest in the property involved.. Also, provide the nature of the legal ownership (ix,
partnership. tenants in common, non-profit. corporation. etc.). If the ownership includes a
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES.
corDoration or oartnership. include the names, title. addresses of all individuals owning more
PLEASE INDICATE NON-APPLICABLE @/A) IN THE SPACE BELOW. If a publiclv-
owned cornoration, include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person (65' A. PQ I corp/pan yvlI5Sl~b.J y?JrEHc-ri LLG
Title fi+bV&eZa k0 Lida Title
Address- i& Address ,vv9+ij]cil *'A. 4827 1 i
2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894 @
- -. NON-PROFIT OR NIZATION OR TRUST If any person identiid pursuant to (1) or (2) above is a nonorofu organization or a trusl. 1,s: rile
names and addresses of person serving as an officer or director of thr non-profil
organization or as uustee or beneficiw of the.
hon Profit,Trusr ?ion ProfitKrust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of Cir) staff.
Boards. Commissions. Committees and/or Council within the past twelve (12) months?
Yes mo If yes. please indicate person(s):
NOTE: Attach additional sheets if necessary.
1 certify that all the above information is true and correct to the best of my knowledge
A 1' Lz/cz, /4 . Lj.%
I "- Signature of owneridate Signature of applicantfdate
i L ss A. /tn, -6 MhAuTw mbssLwh Le-.
Print or type name of owner ' Print or type name of applicant
.
H:AOMIN\COUNTER\OISCLOSURE STATEMENT 5/98 Page 2 of 2 83
DISCLOSURE STATEMENT
Applicant‘s statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part ofthe City Council or any appointed Board. Commission or Committee.
The following information be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
organization, corporation, estate, @us& receiver, syndicate, in this and any other county, city and county. city
Person is defmed as “Any individual, fm. co-partnership, joint venture, association. social club, fraternal
municipality, dishict or other political subdivision or any other pup or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and properly owner must be
provided below.
I. APPLICANT (Not the applicant’s agent)
Provide the names and addresses of persons having a financial
interest in the application. If the applicant includes a comoration or uartnershio. include the
names. title. addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE (WA) IN THE SPACE BELOW. If a publiclv-owned corooration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person Corp/Part
Title Title
Address Address
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
2. OWNER (Not the owner’s agent)
Provide the COMPLETE. LEGAL names and addresses of persons having any ownership
interest in the property involved.. Also, provide the nature of the legal ownership (i.e,
partnership. tenants in common, non-profit. corporation. etc.). If the ownership includes a
corooration or oartnershiu, include the names, title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES.
PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv-
owned comoration. include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person kb/+ek I3 M.: I SLIZIL Corp/Part
Title 6; k; ji @L Title
Address c,< f)&#+d E. klA 1 L” Address
,
FLUOVi: COR??
i ~~LI~EILPPIZC; DQ.
r-, I I 150 k’\ ~Jo, [a\. 22-6J-6
2075 LaS Palrnas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1161 FAX (760) 430-0094 b)q @
5. NON-PROFIT 0 ANIZATION OR TRUST
If any person identitled pursuant to (1) or (2) above is a nonnrotlt orcanization or n trusl. 11s: tilc
names and addresses of AN\I’ person serving an officer or director of the non-profir
organization or as uustee or beneficiary of the.
Non Profinrust Pion Profinrust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff.
Boards. Commissions. Committees and/or Council within the past twelve (12) months?
Yes a No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
/. . :JVG- u($&4 u! & ..
Sipna;ure of owneddate ,&, ,,,lw,h :-. - h!L Signature of applicantldare
ylq&2k I=, Vh L-LbL?
Print or type name of owner Print or type name of applicant
yJ&?kF:.9~’ ,. 8h-hu
Signature of owner/applicant’s ageflaf applicableldate
.
H:AOMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 85
DISCLOSURE STATEMENT
Applicant‘s statement or disclosure of certain ownership interests on all applications which will require ~
discretionary action on the part of the City Council or any appointed Board. Commission or Committee. ~
The following information MUST be disclosed at the time of application submittal. Your project canno1
be reviewed until this information is completed. Please print.
~~~~~ ~~~~
Note:
Person is defmed as “Any individual, fm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, mst, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and propeny owner must be
provided below.
I. APPLICANT (Not the applicant‘s agent)
Provide the COMPLETE. LEGAL names and addresses of persons having a financial
interest in the application. If the applicant includes a comoration or oartnership. include the
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE @/A) IN THE SPACE BELOW. If a publiclv-owned comoration. include the
names, titles. and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person CorplPart
Title Title
Address Address
2. OWNER (Not the owner’s agent)
Provide the COMPLETE. LEGAL names and addresses of persons having any ownership
interest in the propem involved.. Also. provide the nature of the legal ownership (i.e,
partnership. tenants in common, non-profit, corporation, etc.). If the ownership includes a
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES.
corporation or oartnershio. include the names. title. addresses of all individuals owning more
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corooration, include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
2075 Las Palrnas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1161 FAX (760) 438-0894 @
_I -. NOIV-PROFIT OR NIZATION OR TRUST If any person identif~td pursuant to (I) or (2) above is a nonurotit organization or a trus;. I,:; mi'
names and addresses of person sensing as an officer or director of the non-@roil:
organizarion or as trustee or beneiicip- of the.
hon Profit'Trust bion Profiti?rusr
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of Cir? staff,
Boards. Commissions. Committees and/or Council within the past nvelve (13) months?
Yes @'lo If yes, please indicate person(s):
~~
NOTE: Attach additional sheets if necessary.
1 certify that all the above information is true and correct to the best of my knowledge.
5L'5++ id. m,u+
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owneriapplicant's azent
H:AOMIN\COUNTER\DISCLOSURE STATEMENT' 5/98 Page 2 of 2 87
Planning Commission Minutes September 4, 2002 EFTHIBIT 6 age 9
MEETING CALLED TO ORDER
Chairperson Trigas called the meeting back to order at 7:41 p.m.
2. GPA 00451ZC 00-071CT 00-201PIP 00421HDP 00-111SUP 00-10 - FOX MILLER PROPERTY -
Request for the recommendation of adoption of a Mitigated Negative Declaration and Mitigation
Amendment and Zone Change and the approval of a Tentative Tract Map, Planned Industrial
Monitoring and Reporting Program and the recommendation of approval for a General Plan
Permit, Hillside Development Permit, and Special Use Permit to subdivide and grade a 53.65 acre
parcel to create a five lot industrial subdivision located adjacent and west of El Camino Real, north
of Faraday Avenue and south of College Boulevard in Local Facilities Management Zone 5.
Mr. Wayne introduced agenda item #2 and stated it was also a continued public hearing. The Commission's actions on the Tentative Map, Planned Industrial Permit, Hillside Permit and Special Use
forwarded to the City Council. He said that Van Lynch and Frank Jimeno had made their presentations at
Permit are final, but their recommendations on the General Plan Amendment and Zone Change will be
the last meeting and the applicant would be presenting.
Bob Ladwig of Ladwig Design Group, 703 Palomar Airport Road, Suite 300, Carlsbad, stated he
represents Fox and Miller, the applicants for the project. He said they resolved all the issues with Staff
and totally agree with their recommendations and urged the Commission to approve the project as
presented by Staff.
Mr. Ladwig said there were issues regarding the street going through, sight distance, and the rental yard
that have been addressed by Staff as far as conforming to City policy and standards.
Commissioner Whitton said it appears from the drawings there is no on-ramp at the intersection of Salk
and El Camino Real to get up to speed going southbound. Mr. Ladwig replied that their traffic engineer
looked at it and Staff concurs with his recommendation. He felt the traffic and trucks could come out to
the intersection and from the curb to the tallest slope it's in the range of 40-50 feet around the curve. so
there's a lot of sight distance going down the hill. The traffic engineer felt there was more than adequate
sight distance there to make the right turn.
Commissioner Whitton said if you turn right on El Camino Real going south you would be accelerating
distance for that speed of a roadway based on the design for El Camino Real.
uphill and trucks would even have slower acceleration. Mr. Ladwig said they do exceed the required sight
Chairperson Trigas opened public testimony
who is an adjacent property owner. Their primary concern was on the traffic flow and he said they support
Rob Jones with Century Partners, 1917 Palomar Oaks Way, Carlsbad, stated they represent D. I. Elisay,
the road going through El Camino Real, not the cul-de-sac option. Fermi Court, which runs into Salk
would have substantial traffic in and out for the buildings on Fermi and Salk already, and all the buildings
to be proposed for this development. Having it go through to El Camino Real would alleviate some of that
traffic flow going in the other direction. At least 50 percent of the cars could come in or out from either
side.
Chairperson Trigas closed public testimony.
Commissioner Segall asked if the improvement to be made is going to make the third lane. Mr. Jimeno
replied that the frontage of the project will be widened on El Camino Real to three lanes and a bike lane.
There's a traffic signal at the intersection of College and El Camino Real so when the traffic signal
southbound turns red, there's a gap in traffic and there's very little traffic from College going southbound.
People coming out of Salk going south on El Camino Real have plenty of time to come out and pick up
speed.
Bob Johnson, Deputy City Engineer, Transportation Division, further explained that it will be a stop
condition where Salk intersects El Camino Real. It provides for the driver to stop and look and assess if
there is a gap in traffic proceeding southbound. The corner sight distance exceeds the minimums that
would be required on El Camino Real. In addition, there is a deceleration lane provided, so the sight
Planning Commission Minutes September 4,2002 Page 10
corridor for vehicles exiting Salk is more than adequate for that driver at the stop to assess approaching
southbound vehicles. Engineering staff spent quite a bit of time with this issue and did some studies on
lane utilization along El Camino Real. The percent of vehicles in a peak hour condition in the lane closest
to the curb ranged from about 17 percent to 33 percent, so it is not a heavily used lane. The view of gaps
in a lane that isn't fully occupied provides the comfort level for Staff to recommend that, with the
deceleration lane and the extensive available corner sight distance, this location at Salk would be
adequate without an acceleration lane.
Commissioner Segall asked if he feels comfortable that a semi could come out in a safe manner as long
as the sight distance is there. Mr. Johnson said the assumption with a semi is that it's a professional
margin for the driver to assess traffic conditions. The bicycle lane would be between the number 3 lane
driver who would be less prone to take chances, and the available corner sight distance does provide that
and the acceleration lane, if there were to be one. That puts the burden on the driver in the acceleration
lane, not only to be looking for approaching vehicles before merging into traffic, but also to be concerned
about the bicycles. He said they're Comfortable with the design as it currently is.
Commissioner Whitton asked if the intersection of Salk and El Camino Real is going to be a three-lane
road. Mr. Johnson replied that it's currently two lanes, but this project will be conditioned to put in the third
southbound lane on El Camino Real and a deceleration lane as vehicles approach Salk.
MOTION
ACTION: Motion by Commissioner Baker and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 5237, 5238, and 5239
recommending adoption of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and recommending approval of GPA 00-05, and ZC 00-07, and adopt Planning Commission Resolutions No. 5240, 5241.
5242, and 5243 approving CTOO-20, PIPOO-02, HDP 00-11, and SUP 00-10,
based on the findings and subject to the conditions contained therein.
DISCUSSION
Commissioner Segall stated he was not at the last meeting but reviewed the minutes and was briefed by
Staff so he felt he was able to render a judgement on this issue.
AYES:
VOTE: 6-1 -0
Chairperson Trigas, Commissioners Baker, Dominguez, Heineman. Segall, and
White
NOES:
ABSTAIN:
Commissioner Whitton
None
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, October 22, 2002, to consider a request for the adoption of a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and the approval of a
General Plan Amendment and Zone Change to develop a 53.65 acre parcel and create a five
lot industrial subdivision on property located adjacent and west of El Camino Real, north of
Faraday Avenue and south of College Boulevard in Local Facilities Management Zone 5 and
more particularly described as:
That portion of Lot "F of Rancho Agua Hedionda, County of San Diego,
State of California, according to map thereof No. 823, filed in the office of
the County Recorder of San Diego County, November 16, 1896,
described in a grant deed recorded August 13, 1992, as Document
Number 1992-0512626, and a portion of Parcel 3 of Parcel Map 17830, in
the City of Carlsbad, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, March 21, 1997 as
file number 97-129122.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after Friday, October 18, 2002. If
you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613.
If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, General Plan Amendment andlor Zone Change 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, Attn: City Clerks Office, 1200
Carlsbad Village Drive, Carlsbad, California 92008, at or prior to the public hearing.
CASE FILE: GPA OO-O5/ZC 00-07
CASE NAME: FOX/MILLER PROPERTY
PUBLISH: SATURDAY, OCTOBER 12, 2002
CITY OF CARLSBAD
CITY COUNCIL
FOX MILLER PROPERTY
GPA OO-O5/ZC 00-07
PROOF OF PUBLIC JION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
1 am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and TI
Times-Advocate and which newspapers have bee
adjudicated newspapers of general circulation t
the Superior Court of the County of San Dieg
State of California, for the County of San Diegl
that the notice of which the annexed is a printe
copy (set in type not smaller than nonpareil), h:
been published in each regular and entire issue (
said newspaper and not in any supplement therec
on the i'ollowing dates, to-wit:
I certify (or declare) under penalty of perjury thz
the foregoing is true and correct.
Dated at I 5;.-. - )? GLV c (5- , Californi
This space is fc ne County Clerk's Filing Stamp
PaciueA \\-).a2
Proof of Publication of
lose persons Wshlng to s eak on this proposal are cordlall invlted to attend the ubllc 'sing Copies of the staf?repon wlll be available on and der Friday. October 18.%002. jwu ave any questions. please call Van Lynch in the Planning Department at I7601 2-4613.
?porting Pro am General Plan Amendment and f or Zone &an e In court. ou may b+ ultcd to ra&g oh those issues you or someone elsr raised atqhe ublic ieearing
you challenge the Miilgated Negative Declaration and Mlti allon Monitoring and
:scribed In this not&, or in written comes ondence delwered to the 8i of Carlsbad. ttn: Ct Clerks Office. 1200 Carlsbad V&ge Drlve. Carlsbad. Callfor& 92008. at or rlor to%e oubllc hearing.
GPA OO-OS/ZC 00-07 CASE FILE
FOX/MILI,ER PROPEKT CASE NAME:
Car sbad Cit of iy
City CouncE
NORTH COUNTY TIMES
Legal Advertising
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JAMES T FINN
5601 PALMER WAY
CARLSBAD CA 92008
BRANDON H WANDER PO BOX 2014
DEL MAR CA 92014
TYCOON DEVELOPMENT CORPORATION LEONARD M & LILLIAN R SCHOLL TRtiSl 237 1 FENTON STREET NO 119
CHULA VISTA CA 9 19 14 444 NORTH EL CAMMO REAL
ENCINITAS CA 92024
DAVID F RUHNAU
3775 1 OTH STREET
RIVERSIDE CA 92501
RUHNAU FAMILY TRUST 10-03-78
3775 1 OTH STREET
RIVERSIDE CA 92501
CRAIG H NIELSON
SUITE D
575 1 PALMER WAY
CARLSBAD CA 92008
CARL RAYMOND KOLKER ET AL
1635 LA PLAZA DRIVE
SAN MARCOS CA 92069
DANIEL W GOLDEN
1030 ROBIN HILL DRIVE
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PALOMAR REPROGRAPHICS INC
SUITE G
575 1 PALMER WAY
CARLSBAD CA 92008
KENNETH J & DOROTHY J METZGAR
REVOCABLE FAMILY TRUST
853 MORNING SUN DRIVE
ENCINITAS CA 92024
RICHARD T GIBSON
SUITE B
573 1 PALMER WAY
CARLSBAD CA 92008
CHANG S & SEUNG K RYU
2902 MANGUA PLACE
CARLSBAD CA 92009
MELCHIOR 1990 FAMILY TRUST
942 BEGONIA COURT
CARLSBAD CA 92009
JOHNSON REVOCABLE FAMILY TRUST
SUITE D
573 I PALMER WAY
CARLSBAD CA 92008
BPRM LLC
1609 SANTA MARGARITA
FALLBROOK CA 92028
DAVID J OSWALD
SUITE A
5741 PALMER WAY
CARLSBAD CA 92008
ARTHUR & REBECCA T BR3WN TZUST
SUITE B
5741 PALMER WAY
CARLSBAD CA 92008
PALMER WAY LLC
SUITE C
574 1 PALMER WAY
CARLSBAD CA 92008
PALMER WAY LLC
SUITE D
5741 PALMER WAY
CARLSBAD CA 92008
BILL L DANIELS
NO 500
3200 CHERRY CREEK SOUTH DRIVE
DENVER CO 80209
MABEL BARBER TRUST
2416 SONORA COURT
CARLSBAD CA 92008
VIXA INVESTMENTS, LLC
C/O XAVIER SUSTAETA
PO BOX 9177
LA JOLLA CA 92037
RYLAND HOMES
SUITE 200
5740 FLEET STREET
CARLSBAD CA 92008
RHONE INC
SUITE 201
7204 GLEN FOREST DRIVE
RICHMOND VA 23226
TERRACES AT SUNNY CREEK
ATTN CHRIS DAHRLING
SUITE 113
2006 PALOMAR AIRPORT ROAD
CARLSBAD CA 92009
WILLIAM T & AGNES MIHOLICH TRUZT
4471 COASTLINE AVENUE
CARLSBAD CA 92008
GORDON B FOX
I500 VIA ARC0
PALOS VERDES ESTATES CA 90274
DEAN MILLER
FLUOR COW
I ENTERPRISE DRIVE
ALISO VIEJO CA 92656
BIOFLEX LLC
SUITE 275
12520 HIGH BLUFF DRIVE
SAN DIEGO CA 92130
LORI M SIMPSON
23 17 SAN ELIJO AVENUE
CARDIFF CA 92007
BTINV LLC
PO BOX 26309
SAN DIEGO CA 92 196
TMG PROPERTY
475 WEST BRADLEY AVENUE
EL CAJON CA 92020
SALOUR TRUST
2330 FARADAY AVENUE
CARLSBAD CA 92008
ISIS PHARMACEUTICALS INC
2280 FARADAY AVENUE
CARLSBAD CA 92008
DIANE SAIKHON TRUST
8456 WESWAY DRIVE
LA JOLLA tA 92037
CPS PRINTING
2304 FARADAY AVENUE
CARLSBAD CA 92008
CARLSBAD RESEARCH CENTER
7330 ENGINEER ROAD
SAN DIEGO CA 92 1 1 1
I&G FARADAY INC
1 1 I 1 PASQUINELLI DRIVE
WESTMONT IL 60559
PURITAN-BENNETT CORPORATION
675 JAMES S MCDONNELL BOULEVARD
HAZELWOOD MO 63042