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HomeMy WebLinkAbout2004-10-19; City Council; 17850; Palomar PointeCITY OF CARLSBAD - AGENDA BILL TITLE: PALOMAR POINTE GPA 04-08EC 04-03/LCPA 04-07 CITY DEPT.HD. ATTY. SW CITY MGR sic RECOMMENDED ACTION: That the Council INTRODUCE Ordinance No. , APPROVING Zone Change ZC 04-08, and ADOPT Resolution No. ADOPTING a ‘Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment GPA 04-08 and Local Coastal Program Amendment LCPA 04-07. NS-730 2004-339 ITEM EXPLANATION: On September 1, 2004, the Planning Commission approved (7-0) the proposed industriaVoffice development and subdivision consisting of three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, two open space lots, and the construction of three industriaVoffice buildings on a 13.47 acre vacant parcel of land generally located southeast of College Boulevard, southwest of Aston Avenue, north of McClellan-Palomar Airport, and east of the future Carlsbad Municipal Golf Course in Local Facilities Management Zone 5. The site contains a number of sensitive vegetation communities and the applicant has worked with staff and the Wildlife Agencies to identify areas of the site to be preserved. The areas proposed for development and open space “hardline” preserve areas are represented as an exhibit in the City’s draft Habitat Management Plan. The project site is currently designated by the General Plan Land Use Map for Planned Industrial (PI) land uses and is zoned Planned Industrial (P-M). The project includes a General Plan Amendment (GPA) to re-designate the proposed project open space from PI to Open Space (OS). To ensure zoning consistency with the proposed General Plan Land Use designations, the portion of the property proposed as OS would also be rezoned to the OS zone designation. This action is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the open space zone to designate high-priority resource areas as open space at the time of development. The City’s draft Habitat Management Plan requires designation of the open space preserve areas as Open Space on the General Plan Land Use and Zoning maps, concurrent with d eve I opm en t . The Local Coastal Program Amendment (LCPA) is required in order to implement the proposed GPA from PI to PI and OS and zone change from P-M to P-M and OS in the Local Coastal Program. The LCPA will result in consistency between the General Plan Land Use and zoning and the Local Coastal Program land use and zoning designations for the site. I PAGE 2 OF AGENDA BILL NO. 17,850 Local Facilities Management Plan Special Facility Fee The Airport Land Use Commission (ALUC) has reviewed the project and found the development proposal to be conditionally compatible with the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) and the project has been conditioned to comply with the ALUC conditions of approval. 5 Park Impact Fee of $.40.sf ENVIRONMENTAL: Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially significant biological, paleontological, cultural, and noise impacts were identified. The developer agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. The Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on July 12, 2004. Comments were received from CalTrans and from US Fish & Wildlife Service and California Department of Fish & Game (joint Wildlife Agency letter). Based on comments received from the Wildlife Agencies, an errata was prepared to add additional mitigation measures in the Mitigation Monitoring and Reporting Program. Staff responded in writing to comments from CalTrans on August 24, 2004 and to the Wildlife Agencies on August 31, 2004. No new significant impacts requiring mitigation were identified; therefore, changes to the Mitigated Negative Declaration are documented in the addendum presented to the Planning Commission. FISCAL IMPACT: All public infrastructure required by this project would be constructed by the developer. A portion of the costs associated with grading and improvement of the public street may be reimbursable in accordance with the August 7, 2000 agreement between the Carlsbad Public Financing Authority and James L. Hieatt and Mildred E. Hieatt. GROWTH MANAGEMENT STATUS: EXHIBITS: 1. City Council Ordinance No. Ns-730 * 2. City Council Resolution No. 2004-339 3. Location Map 4. 5. 6. Planning Commission Resolutions No. 5709, 5710, 571 1, and 571 2 Planning Commission Staff Report, dated September 1, 2004 Excerpts of Planning Commission Minutes, dated September 1, 2004. DEPARTMENT CONTACT: Barbara Kennedy, (760) 602-4626, bkenn @ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO FROM PLANNED INDUSTRIAL TO PLANNED INDUSTRIAL AND OPEN SPACE ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF AIRPORT AND EAST OF THE FUTURE CARLSBAD MUNICIPAL GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-03, ASTON AVENUE, AND NORTH OF MC CLELLAN-PALOMAR CASE NO.: ZC 04-03 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 04-03,” dated September 1 , 2004, 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. 571 1 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 newspaper of general circulation within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 19th day of October , 2004, and thereafter Ill Ill Ill Ill Ill 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the , 2004, by the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, ADDENDUM, AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP, AND A LOCAL COASTAL PROGRAM AMENDMENT TO RE-DESIGNATE THE OPEN SPACE PRESERVE AREAS FROM PI AND P-M TO OS ON A 13.47 ACRE PARCEL GENERALLY LOCATED GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON EAST OF THE FUTURE CARLSBAD MUNICIPAL GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE AVENUE, NORTH OF MCCLELLAN-PALOMAR AIRPORT, AND CASE NO.: G PA 04-08/ZC 04-03/LCPA 04-07 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, the Planning Commission did on September 1, 2004, hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program according to Planning Commission Resolution No. 5709, General Plan Amendment 04-08 according to Exhibit “GPA 04-08” attached to Planning Commission Resolution No. 571 0 and incorporated herein by reference and Local Coastal Program Amendment 04-07 according to Exhibit “LCPA 04-07” attached to Planning Commission Resolution No. 571 2 and incorporated herein by reference. The Planning Commission adopted Planning Commission Resolutions No. 5709, 571 0 and 5712 recommending to the City Council that they be approved; and follows: WHEREAS, the City Council did on the 19th day of October , 2004 hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, General Plan Amendment and Local Coastal Program Amendment and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, General Plan Amendment and Local Coastal Program Amendment. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolved as follows: The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission in Planning Commission Resolutions No. 5709, 571 0 and 571 2 constitute the findings and conditions of the City Council in this matter. 3. That the Mitigated Negative Declaration, Addendum and Mitigation Monitoring and Reporting Program are adopted as shown in Planning Commission Resolution No. 5709 on file with the City Clerk and incorporated herein by reference. 4. That the recommendation of the Planning Commission for the approval of General Plan Amendment 04-08 as shown in Planning Commission Resolution No. 5710 is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 2 comprised of GPA 02-05, GPA 03-05, GPA 03-08, GPA 03-13, GPA 04-01, GPA 04-04, GPA 04-07, GPA 04-1 1, and GPA 04-1 3. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 19th day of October , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. NOES: None ABSENT: Nm ‘CLxuC)E A. LEWIS, Mayor ATTEST: (SEAL) -2- 3 EXHIBIT 3 PALOMAR POINTE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2Q 21 22 23 24 25 26 27 28 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5709 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO SUBDIVIDE A 13.47 ACRE SITE AND DEVELOP AN INDUSTRIAL OFFICE COMPLEX WITH THREE BUILDINGS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON AVENUE, AND NORTH OF THE MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE MC CLELLAN-PALOMAR AIRPORT IN LOCAL FACILITIES CASE NO.: GPA 04-08/ZC 04-03LCPA 04-07/CT 04-061 PUD 03-02PIl’ 03-02/CDP 03-06/HDP 03-02 WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 (“the Property”); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 1st day of September 2004, 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 relating to the Mitigated Negative Declaration. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commi NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning sion 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 Palomar Pointe Mitigation Monitoring and Reporting Program, Exhibit “ND” according to “NOI” dated July 12,2004 and “PII” dated July 7, 2004, 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. it has reviewed, analyzed and considered the Mitigated Negative Declaration for 03-02, PIP 03-02, CDP 03-06, and HDP 03-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and PALOMAR POINTE - GPA 04-08, ZC 04-03, LCPA 04-07, CT 04-06, PUD b. the Mitigated Negative Declaration 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 c. d. based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: 1. The Developer shall implement or cause the implementation of the Palomar Pointe Mitigation Monitoring and Reporting Program. ... .I. ... ... ... PC RES0 NO. 5709 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: ATTEST: Planning Director PC RESO NO. 5709 -3- - City of Carlsbad MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: PALOMAR POINTE GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02PIP 03-02/HDP 03- O2/CDP 03-06 Southeast of College Blvd., Southwest of Aston Ave., and north of the McClellan Palomar Airport (APN - 2 12- 120-3 3) PROJECT DESCRIPTION: Request for approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Non-Residential Planned Development Permit, Planned Industrial Permit, Hillside Development Permit, and Coastal Development Permit for the development of an office/industrial project consisting of three buildings and associated parking areas with a total building area of 84,240 sf. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: 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. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing firther is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 163 5 Faraday Avenue, Carlsbad, California 92008. ADOPTED: ATTEST: MICHAEL J. HOLZMILLER Planning Director I* 8 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us - City of Carlsbad NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: PALOMAR POINTE CASE NO: GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02IPIP 03- 02/HDP 03-021 CDP 03-06 PROJECT LOCATION: Southeast of College Blvd.. Southwest of Aston Ave.. and north of the McClellan Palomar Airport (APN - 212-120-33) PROJECT DESCRIPTION: Request for approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Non-Residential Planned Development Permit, Planned Industrial Permit, Hillside Development Permit, and Coastal Development Permit for the development of an office/industrial project consisting of three buildings and associated parking areas with a total building area of 84,240 sf. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EL4 Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Director. A copy of the initial study (EL4 Part 2) documenting reasons to support the proposed Mitigated Negative Declaration are 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 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD July 12,2004, to August 12,2004 PUBLISH DATE JU~V 12,2004 /3 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www. ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02/PIl' 03-02/HDP 03-02/CDP 03-06 DATE: July 7,2004 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: Palomar Pointe LEAD AGENCY NAME AND ADDRESS: City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008 CONTACT PERSON AND PHONE NUMBER: Barbara Kennedy - (760) 602-4626 PROJECT LOCATION: Southeast of College Blvd., Southwest of Aston Ave., and north of the McClellan Palomar Airport (APN - 212-120-33) PROJECT SPONSOR'S NAME AND ADDRESS: T. Lawrence Jett, Lanikai Management Co, 18 15 Aston Ave Carlsbad, CA 92008 (760) 476-1 808 GENERAL PLAN DESIGNATION: PI (Planned Industrial) ZONING: PM (Planned Industrial) OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): US Fish & Wildlife, State Department of Fish & Game, and California Coastal Commission PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Request for approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Non-Residential Planned Development Permit, Planned Industrial Permit, Hillside Development Permit, and Coastal Development Permit for the development of an office/industrial project consisting of three buildings and associated parking areas with a total building area of 84,240 sf. The site is located southeast of College Blvd., south of Aston Ave., and north of the McClellan Palomar Airport and currently consists of a vacant lot totaling 13.45 acres. Access to the site would be from a new public street south of Aston Avenue on the southeast side of College Boulevard. The buildings will comply with all standards of the PM Zone and McClellan-Palomar Airport Land Use Plan. The project includes a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to designate the habitat preservation areas as Open Space. The Tentative Tract Map and Non-Residential Planned Development Permit applications would allow for individual ownership of each building and common ownership of the common parking areas and landscaping. The project is located in the Mello I1 Segment of the Local Coastal Program and therefore requires approval of a Coastal Development Permit. Development will be limited to the flatter portions of the site and the steeper slopes with native vegetation and the vernal pool areas will be preserved. 1 Rev. 07/03/02 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. 0 Aesthetics c] GeologylSoils Ix] Noise Agricultural Resources 0 HazardskIazardous Materials 0 and Housing 0 Air Quality 0 Hydrology/Water Quality 0 Public Services Biological Resources 0 Land Use and Planning 0 Recreation Cultural Resources 0 Mineral Resources 0 Transportatioflraffic Utilities & Service Systems Mandatory Findings of Significance 2 Rev. 07/03/02 DETERMINATION. (To be completed by the Lead Agency) 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 MITIGATED 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 “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 7 h Planher Signature I 3 Date Planning Director’sb&aturdJ Date 3 Rev. 07103102 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 significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an “EIA-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but &l potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 4 /I Rev. 07/03102 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 adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part I1 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. . A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 5 Rev. 07103102 Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated Potentially Significant Impact Less Than Significant No Impact Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 0 0 ow ow b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 ow d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? 0 0 ow 11. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 0 0 0 0 0 0 ow ow b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultnral use? 111. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: 0 ow wo a) Conflict with or obstruct implementation of the applicable air quality plan? 0 o b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 6 Rev. 07/03/02 Issues (and Supporting Information Sources). Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Impact tributary areas that are environmentally sensitive? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 Potentially Significant Mitigation Significant No Incorporated Impact Impact Unless Less Than 0 [XI 0 0 ow nw on no ow ow ow 7 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES -Would the project: 0 0 ow Cause a substantial adverse change in the significance of a historical resource as defined in 6 15064.5? Cause a Substantial adverse change in the signifi- [XI on Directly or indirectly destroy a unique pale 0 0 ow cance of an archeological resource pursuant to §15064.5? ontological resource or site or unique geologic feature? 0 0 ow Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential Substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other Substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in Substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1 -B of the Uniform Building Code (1 997), creating Substantial risks to life or property? 0 0 0 0 0 0 0 0 17 0 0 0 0 0 ow la0 wn 8 Rev. 07103102 Issues (and Supporting Information Sources). e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, withm two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project: a> Violate any water quality standards or waste discharge requirements? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 0 No Impact IXI [XI [XI [XI [XI IXI IXI IXI lxl 9 Rev. 07103102 Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated Potentially Significant Impact Less Than Significant Impact No Impact 0 [XI b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 0 0 [XI 0 c) Impacts to groundwater quality? 0 0 0 0 0 Ixl d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? 0 0 0 e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? 0 IXI f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff! 0 0 0 0 IXI 0 [XI g) Otherwise substantially degrade water quality? 0 h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? 0 o CI i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? 0 0 j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 0 0 0 Ixi [XI 0 k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 0 0 10 Rev. 07103102 $3 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 BO n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0 0 lxlo 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? 0 BO p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 ow ow 0 0 ow c) X. MINERAL RESOURCES - Would the project: a) 0 0 ow Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 0 17 ow b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE - Would the project result in: no a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? 0 0 ow b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 1XIn c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 17 0 [xi0 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 11 Rev. 07103102 Issues (and Supporting Information Sources). e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residmg or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially .- . Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 w on 0 0 0 0 0 0 ow ow ow 0 0 ow 0 0 ow 0 0 ow 0 0 ow 0 17 ow 0 ow 12 Rev. 07l03102 Issues (and Supporting Information Sources). Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in insufficient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tum- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 [XI [XI 0 0 0 0 0 0 0 0 0 No Impact [XI 0 0 [XI Ix1 [XI [XI El [XI lxl ixI Kl 13 Rev. 07103102 Issues (and Supporting Information Sources). Potentially .- . Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 o ow e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? o 0 ow 0 0 ow f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE o El no a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) o I7 IXIO c) Does the project have environmental effects, which 0 IXJ no will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to 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. 14 Rev. 07103102 a7 DISCUSSION OF ENVIRONMENTAL EVALUATION PROJECT DESCRIPTION/ENVIRONMENTAL SETTING Environmental SettindSite Descriution The project site is a 13.45 gross acre site located in the northwest quadrant of the City. The site is located southeast of College Blvd., south of Aston Ave., and north of the McClellan Palomar Airport. Elevations on the property range from about 284 feet above mean sea level (msl) at the northeast corner of the site to 329 feet msl at the southwest corner of the site. Slopes with a 15 - 40% gradient are located along the northern and northwestern edges of the property. The flatter areas of the site are located to the south of the site. A number of sensitive vegetation communities were identified on-site and within the off-site access road area including Southern Maritime Chaparral, Diegan Coastal Sage Scrub, and San Diego Mesa Claypan Vernal Pools. Sensitive plant species observed on-site were Blochman’s dudleya and Nuttlall’s scrub oak. Sensitive wildlife species observed on site include coastal California gnatcatcher and San Diego black-tailed jackrabbit. Protocol surveys for Quino checkerspot butterfly and San Diego fairy shrimp were also conducted with negative results. (See Biological Resources discussion below for a more detailed discussion.) The applicant has been working with the City of Carlsbad, California Coastal Commission, and wildlife agencies to identify areas of the site to be preserved. The “hardline” preserve areas and developable areas have been agreed to and are represented as an exhibit in the City’s draft Habitat Management Plan (HMP). Development will be limited to the flatter portions of the site while the steeper slopes with native vegetation and areas containing vernal pools will be preserved. Project Description The Palomar Pointe project consists of three industrial office buildings totaling 84,240 square feet and related parking and landscape areas. Buildings “A”, “B”, and “C” contain 32,800 sf, 17,000 sf, and 34,400 sf, respectively. The project will require off-site development of a new public road which will be accessed from the south side of College Boulevard, south of Aston Avenue. The new street will also serve portions of the future Carlsbad Municipal Golf Course. Development is proposed primarily within the central and southeast portions of the site in the more level areas of the site. Approximately 6.5 acres will be preserved as open space. The open space area corresponds with the “hardline” preserve area shown in the draft Habitat Management Plan. The site it located in the Mello I1 Segment of the Local Coastal Zone and has a General Plan designation of Planned Industrial (PI) and a zone designation of Planned Industrial (PM). The applicant is proposing a General Plan Amendment and Zone Change to designate the open space preserve areas as open space (OS) on the General Plan and Zone Maps, and a Local Costal Program Amendment (LCP) to reflect these changes on the LCP land use and zone maps. AESTHETICS No Impact. The project will not have a substantial adverse effect on a scenic vista since the site is located in an area which is currently developed with office and industrial buildings. The three buildings will be constructed in compliance with the maximum height limitation allowed in the PM zone and height limitations as set forth in the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) and would be consistent with the surrounding development pattern. AGRICULTURAL RESOURCES No Impact. There will be no impact on agricultural resources as the site is not designated as or used as farmland. The subject site is zoned for Planned Industrial (PM) uses and is not subject to a Williamson Act Contract. The project would not result in other changes to the environment that would result in the conversion of farmland to non- agricultural uses. The project would be characterized as infill development and has been surrounded by office and industrial development for many years. AIR QUALITY-Would the project: a) Contlict with or obstruct implementation of the applicable air quality plan? 15 Rev. 07/03/02 No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM,,,). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in mland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following : Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City’s General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15 130 (a) (4), the proposed project’s contribution to the cumulative impact is considered de minimzu. Any impact is assessed as less than significant. Rev. 07103102 16 a? d) Expose sensitive receptors to substantial pollutant concentrations? Total On-site Off-site Access HABITAT TYPE/ Acreage Impacts Road Impacts PLANT COMMUNITY Present (acres) (acres) Diegan coastal sage scrub 10.38 5.96 0.45 No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. Total Impacts (acres) 6.4 1 e) Create objectionable odors affecting a substantial number of people? Southern maritime chaparral Disturbed San Diego mesa claypan No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. 3.24 0.81 0.01 0.82 0.68 0.19 0.40 0.59 0.03 0 0 0 IV. BIOLOGICAL RESOURCES TOTAT, 14.33 6.96 0.86 7.82 The project will include grading the center area and northeast end of the irregularly shaped lot and grading for an off-site access road. The project will impact approximately 7.82 acres of the survey area, including 6.96 acres within the project boundaries and 0.86 acre off-site. All of the vernal pools, the Blochman’s dudleya population, and the majority of the southern maritime chaparral will be preserved on site. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Unless Mitigation Incorporated. According to the reports prepared for the project, two sensitive animals (coastal California gnatcatcher and San Diego black-tailed jackrabbit) and two sensitive plants (Blochman’s dudleya, Nuttall’s scrub oak) were observed on site. The proposed project will not significantly impact any of the vernal pools, Blochman’s dudleya, Nuttall’s scrub oak, or San Diego black-tailed jackrabbit. Significant impacts will occur to southern maritime chaparral, Diegan coastal sage scrub, and habitat for the coastal California gnatcatcher. Impacts to 0.82 acres of southern maritime chaparral will be mitigated at a 3:l ratio for a total of 2.46 acres. This will be accomplished through acquisition of 1.65 acre of mitigation credits within the Whelan Ranch Conservation Bank and through the off-site creation or substantial restoration of 0.81 acre of southern maritime chaparral. The 1:l creation component for the on-site impacts (0.81 acre) within the coastal zone will satisfy the “no net loss” mitigation required by the California Coastal Commission for loss of ESHA. Impacts to 6.41 acres of occupied Diegan coastal sage scrub would be mitigated at a 2:l ratio for a total mitigation of 12.82 acres. This will be accomplished through acquisition of 6.86 acres of mitigation credits within the Whelan Ranch Conservation Bank and through the off-site creation or substantial restoration of 5.96 acres of Diegan coastal 17 Rev. 07103102 30 sage scrub. The 1 : 1 creation component for the on-site impacts (5.96 acres) within the coastal zone will satisfy the “no net loss” mitigation required by the California Coastal Commission for loss of ESHA. Mitigation credits have been purchased at the Whelen Ranch Conservation Bank in Oceanside. The adequacy of these credits was affirmed by the California Coastal Commission staff in a letter to Larry Jett from Peter Douglas dated June 24, 2002, which also states the understanding that these credits also satisfy the federal and state wildlife agency requirements. The final location of the proposed creation or substantial restoration of Diegan coastal sage scrub and southern maritime chaparral as required by the California Coastal Commission will be subject to review by the City of Carlsbad prior to the issuance of a grading permit. Per the letter of agreement from the California Coastal Commission, this creation or substantial restoration need not occur within the coastal zone and need not involve the purchase of land on which the restoration will be carried out. A restoration plan will be prepared outlining the proposed mitigation and submitted to the appropriate agencies for review and approval. The area to be created or restored will not be used as mitigation to meet the requirements of any other project. All land conserved or created as mitigation for project impacts (both on-site and off-site lands) will be professionally managed by an appropriate land management entity and maintained with adequate funds. Direct impacts to nesting coastal California gnatcatchers can be avoided by removing the Diegan coastal sage scrub within the project area outside of the breeding season. The non-breeding season is September 1 through February 14. A biologist permitted to survey for coastal California gnatcatchers shall monitor all vegetation removal to ensure no direct impacts to individual birds. The loss of breeding habitat for this species and the displacement of at least one breeding pair will be mitigated by the off-site acquisition of Diegan coastal sage scrub as described above. b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Unless Mitigation Incorporated. All three plant communities identified: southern maritime chaparral, Diegan coastal sage scrub and vernal pools, are considered sensitive by the City of Carlsbad, USFWS, and CDFG. Two sensitive plant communities will be impacted through implementation of the project: southern maritime chaparral and Diegan coastal sage scrub. Implementation of the mitigation measures noted in Response (IVa) above will reduce the impacts to a less than significant level. The report states that thirteen pooling areas were identified during surveys conducted in 1998 (RBRiggan and Associates 1998) during an El Nino year when rainfall was higher than normal. A comprehensive plant survey was also conducted in 1998 within each of the basins to determine the species composition of the pooling areas. Only eight of the pooling areas contain indicator species as identified by USACE and are classified as vernal pools. These pools account for approximately 0.03 acres of the site and are found within the Diegan coastal sage scrublnative grassland on the mesa top. The five remaining pooling areas are not considered to be vernal pools. The vernal pools present on-site and the majority of their associated watersheds will be preserved. The hardline for the proposed project as presented in the draft HMP was negotiated by the applicant, City of Carlsbad and USFW,S staff in a series of meetings held between April and June 29, 1999. USFWS staff requested a 50-foot buffer around each vernal pool. A redesign was submitted that included a 50-foot buffer around all but one vernal pool. Vernal pool #2 has a reduced 25-foot buffer in order to allow for access onto the property. USFWS staff subsequently approved the hardline boundary with the reduced buffer around this one basin. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? No Impact. The project has been designed to avoid impacts to vernal pools and incorporates a minimum SO-foot buffer around all but one vernal pool, which has a 25-foot buffer, per previous agreements with USFWS staff. NO impact assessed. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 18 Rev. 07103102 Less Than Significant Impact. According to the Biological Technical Report and Impact Analysis prepared for this project, there will be no impact to wildlife movement corridors as a result of this project. The site is surrounded by industrial development on the west and north sides of the property and by the McClellan-Palomar Airport on the south side. The areas to the southwest is currently open space, however it is the future site of the Carlsbad Municipal Golf Course, which will reduce the amount of open space adjacent to the project. There is currently movement between the Palomar Pointe property and the adjacent lands; however, the site does not function as a wildlife movement corridor because of the surrounding development. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? and Conservation Plan, or other approved local, regional, or state habitat conservation plan? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community No Impact. The proposed project would not conflict with any HCP, NCCP, or other approved habitat conservation plan, or local policies or ordinances protecting biological resources. The project is identified as a “hardline” area in the City’s Draft Habitat Management Plan (HMP). The project has been designed to avoid development impacts within the hardline preserve areas. In addition, all preserve areas will be designated as open space on the City’s General Plan and zone map. In accordance with the City’s HMP, open spaces areas which are conserved or created as mitigation for project impacts (both on-site and off-site) will be professionally managed by an appropriate land management entity and maintained with adequate funds. g) Impact tributary areas that are environmentally sensitive? No Impact. See response 1V.b (above). V. CULTURAL RESOURCES Potentially Significant Unless Mitigation Incorporated. A Phase I cultural resource survey of the property including site record and archival searches was completed by RECON as identified in the November 28, 2001 Cultural Resource Survey for the HieatdJett Property. The report indicates that a single prehistoric site was located during the on-foot survey of the property. The site consists of 8 pieces of stone debitage and a core scattered over a 600-foot by 225-foot area along a knoll. The report indicates that while it is likely that the site is not important, the presence of subsurface artifacts has not been determined. Therefore, a mitigation measure is included to require limited subsurface testing to determine if the site contains a subsurface component. If subsurface components are detected, additional testing may be necessary. Although no paleontological resources have been identified on the project site, there is the potential for fossil resources to be discovered during excavation. A mitigation measure is included to have a paleontologist on site during excavation. VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? Less than Significant Impact (a.i. to a.iii.) - There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. The project site is located in an area of stable soil conditions and the risk of seismic-related ground failure or liquefaction 19 Rev. 07/03/02 3a is very minimal (according to City of Carlsbad Geotechcal Hazards Analysis and Mapping Study, November 1992). In addition, a project specific Preliminary Geotechnical Evaluation was prepared by NorCal Engineering dated November 5, 2001. The report states that the potential for liquefaction is considered to be very low due to the near surface bedrock conditions at the subject site. iv. Landslides? No impact. The report prepared by NorCal Engineering indicated that the site is located on competent bedrock and stated that the sandstone is massive and major slope failures are unlikely. Additionally, the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, indicates that the project site is in an area of stable soil conditions that are not subject to landslides. b) Result in substantial soil erosion or the loss of topsoil? Less than significant impact. The City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, indicates that the erosion potential of the site is variable to high. A conceptual Water Quality Plan and Storm Water Management Plan was submitted for the project which defines BMP’s that satisfy 1) the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, 2) Standard Specifications for Public Works Construction, and 3) NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board. A grading and erosion control plan will be required prior to any construction and it is anticipated that the latest technologies will be used to eliminate the potential of soil erosion and sedimentation from the site, both during and post construction. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less than significant impact. The geotechnical report indicates that the site is located on a Pleistocene age, marine cut terrace surface with a thin veneer of older colluvium in the lower areas on the east side of the property. The underlying bedrock is massive white to gray claystone. The bedding is indistinct but there were some red veins that had a slight dip to the east. The bedding was a very hard sandstone and conglomerate with a softer, weathered stone that varied in depth to several feet or more. The report indicates that the site is considered feasible for development from a geologic standpoint and the dip of the bedding does not appear to be an adverse geologic condition. d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less than significant impact. The City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, indicates that the soil and bedrock may be highly expansive. The Geotechcal report for the project identified Claystone bedrock on the site which may be expansive and may have an unfavorable strength characteristic. Based on the results of soils tests, separate footings may be necessary. Standard conditions require incorporation of the Soils Engineer’s recommendations for footings as described in the Geotechmcal Report for the project. Footings shall be approved by an engineering geologist. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. Sewer connections will be available to the subject site and the project will be served by a public wastewater system. VII. HAZARDS AND HAZARDOUS MATERIALS No Impact. The project proposes an officeiindustrial use, with no routine transport, use or disposal of hazardous materials associated with the uses. Therefore, there is no potential of a significant hazard associated with the project from accidents involving the release of hazardous materials into the environment, or from the emission of hazardous substances within the proximity of a school. The project site is located on the north side of the McClellan-Palomar Airport (public general aviation airport) and is covered by the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). The project site is not located within the Flight Activity Zone, but is located within the Airport Influence Area associated with the airport. The proposal was submitted for review by the San Diego County Regional Airport Authority (SDCRAA) and was found 20 Rev. 07103102 33 to be conditionally consistent with the CLUP. Mitigation measures for noise attenuation and to limit use of Building .- . C to industrial uses only, as required by the SDCRAA, will be included as conditions of approval for the project. Therefore, the project will not result in a safety hazard for people working at the project site. The project will not impair the implementation or physically interfere with any adopted emergency response plan or emergency evacuation since the project site is an infill site surrounded by office and industrial development which is adequately served by emergency services. The project is required to have adequate fire suppression zones around the perimeter of the building therefore reducing the risk of exposing people to significant risk from wildland fires. VIII. HYDROLOGY AND WATER QUALITY-Would the project: a) Violate any water quality standards or waste discharge requirements? No Impact. The applicant is required to comply with Order 2001-01 issued by the Regional Water Quality Control Board. A Conceptual Water Quality Plan and Storm Water Management Plan, dated December 2003, was prepared by K & S Engineering to address existing and proposed pollutants of concern and what measures will be implemented to ensure that pollutant loads are not increased as a result of this project, to the maximum extent practicable. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. This project does not propose to directly draw any groundwater for potable or irrigation use. The project will be served via public water distribution lines that will be extended within the new road to the site. The project also includes a detention basin. The purpose of this basin is to reduce peak run-off to pre-development conditions, which encourages water percolation back to the groundwater. c) Impacts to groundwater quality? No Impact. This project is required to implement measures to reduce urban pollutants prior to discharge, thus groundwater quality will not be affected by this project. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Less Than Significant Impact. This project does not propose to significantly alter existing drainage patterns, nor any stream or river that would result in erosion or siltation on or offsite. e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? Less Than Significant Impact. The project includes a detention basin on-site to reduce peak run-off to pre- development flows. f) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? No Impact. The existing storm drain system as well as the planned system as identified in the City's Master Drainage and Storm Water Quality Management Plan will adequately convey runoff from the subject site. Since this project generally maintains peak runoff to predevelopment flows, there is no additional impact to consider. Compliance with NPDES requirements ensure that the off-site flow does not increase pollutant discharges. g) Otherwise substantially degrade water quality? Less than significant impact. As a result of the project: 1) implementing source BMP measures to avoid pollutant contact and; 2) installing treatment BMP measures to remove pollutants from storm water, this project is not anticipated to contribute additional pollutants, to the maximum extent practicable. 21 Rev. 07103102 h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? NO Impact. The proposed project is not located within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map. Therefore there will be no impacts regardmg flooding. i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact. The proposed project would not place structures within 100-year flood hazard areas. Therefore there will be no impacts from flooding. j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudilow? No Impact (j & k) - According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site is not located within any dam failure inundation area, or area subject to inundation by seiche or tsunami. 1) Increased erosion (sediment) into receiving surface waters? m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? P) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Less than significant impact (1, m, n, o L?L p) - The project site is not located immediately adjacent to any body of water. The project is within a watershed that ultimately drains to Agua Hedionda Lagoon. Agua Hedionda Lagoon is not listed as an impaired water body per the 303(d) list adopted February 4, 2003. The project will be required to comply with Order 2001-01 and the Storm Water Management Plan for this project. Drainage and development will be controlled via best management practices to ensure that pollutants loads are not increased to the maximum extent practicable. Therefore, the project will not adversely impact water quality. IX. LAND USE AND PLANNING No Impact. The subject site is an infill site which is surrounded by officehndustrial uses to the north and east, the McClellan-Palomar Airport to the south, and future City Golf Course to the west. Proposed oficeiindustrial development of the site will be compatible with the existing development pattern. The subject site does not conflict with any habitat conservation plans or natural communities plans in that the property is has been included as a “hardline” area in the City’s Draft Habitat Management Plan and the development proposal conforms with the preserve and developable areas indicated in the “hardline”. Areas which will be preserved as natural open space will be set aside as conserved areas and will also receive new Open Space (OS) General Plan and zoning designations. The project is located in the Mello I1 Segment of the Local Coastal Program (LCP) and an LCP amendment is proposed to reflect the new OS designation on the LCP land use and zoning maps. X. MINERAL. RESOURCES 22 Rev. 07/03/02 No Impact. There are no known mineral resources, of local importance or otherwise, on the project site. Therefore, the proposed project would not result in the loss of availability of such resources. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Potentially Significant Unless Mitigation Incorporated. An Acoustical Analysis report was prepared for the proposed project by Investigative Science and Engineering, Inc., dated August 14, 2003. The repbrt indicates that the project site will be subject to traffic noise along College Boulevard as well as future aircraft activity at McClellan-Palomar Airport. A standard of 50 dBA CNEL is typically applied to interior office space. The primary source of fkture noise would be predominantly from the combination of aircraft noise and to a lesser extent, vehicular traffic along College Boulevard. The project falls between the 60 CNEL and 70 CNEL contours of the airport. The aircraft and vehicular noise levels reach 70 dBA at the proposed Building C fagade, 68 dBA at the fagade of Building B, and 65 dBA at the Building A fagade. The worst-case required structural attenuation would then be 70.0 - 50.0 dBA or 20 dBA, which is easily attainable through specialized glass treatments. Based on the model results, the estimated interior noise levels would be as high as 61 dBA CNEL with the windows open and would require a closed window condition to comply with the CCR Title 24 requirements. Mechanical ventilation would be required. Therefore, mitigation measures requiring a closed-window condition and acoustical treatments as recommended in the Acoustical Analysis are included as mitigation measures for the project. With these measures in place, noise impacts will be mitigated below a level of significance. b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? No Impact - Based upon the nature of the proposed office1industrial use, the project will not result in any activity that would generate excessive groundbourne vibration or groundbourne noise levels. In addition, the project site is not located adjacent to any use that generates excessive groundbourne vibration or groundbourne noise levels. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact (c & d) - Other than traffic generated noise, typical offceiindustrial land uses do not generate a substantial amount of noise. With regard to temporary or periodic increase in noise levels, the only potential increase in noise would be from construction activity associated with the development of the site. The City incorporates standard regulations on all project construction activity to ensure that noise and other potential impacts to surrounding properties are not significant. Therefore, the proposed project will not result in a substantial permanent or temporary increase in ambient noise levels in the project vicinity above levels existing without the project. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Unless Mitigation Incorporated. The project site is located north of the McClellan- Palomar Airport and is within an area covered by an airport land use plan. The project was reviewed by the San Diego County Regional Aiiport Authority (SDCRAA). A letter was received by the SDCRAA conditionally approving the project such that any building containing office uses must be attenuated to have an interior noise levels no greater than 50 dBA. This condition is consistent with the City’s recommended mitigation measures for noise impacts. Additionally, the project will be conditioned to comply with the SDCRAA conditions of approval which require that any building containing office uses must be attenuated to have an interior noise levels no greater than 50 dBA and that the developer must grant an avigation easement in favor of the County of San Diego. . 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 23 Rev. 07/03/02 No Impact - The project site is not located within the vicinity of a private airstrip. XII. POPULATION AND HOUSING No Impact. The project would result in the development of three officelindustrial buildings on an infill site surrounded by existing officelindustrial development that is served by existing roads and utilities. Although the project will be served by a new road, the road is only intended to serve the project site and a portion of the future City Golf Course located to the west of the project site. The project would not induce substantial growth either directly or indirectly. The project is proposed on a vacant lot and would not displace any existing housing or individuals. XIII. PUBLIC SERVICES No Impact. The project will result in 84,240 square feet of officehndustrial buildings on 13.45 acres. The provision of public facilities within the Zone 5 LFMP, including fire & police protection, parks, libraries and other public facilities, have been planned to accommodate the projected growth in that area. The project will not exceed the total growth projections anticipated within the Zone 5 LFMP, all public facilities will be adequate to serve the proposed development on the site. Therefore, the project will not result in substantial adverse impacts to or result in the need for additional government facilities. XIV. RECREATION No Impacts. The project is located in the City’s Local Facilities Management Plan (LFMP) Zone 5. Zone 5 is composed entirely of non-residential uses. As part of the City’s Growth Management Program, a performance standard for parks was adopted for Zone 5. The park performance standard requires payment of a Park-In-Lieu fee for all non-residential development of $0.50 per square foot. This fee will be collected prior to issuance of a building permit for the project. TRANSPORTATION/TRAFFIC-Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. A traffic analysis was prepared for the project by Linscott, Law & Greenspan, dated March 18, 2003, to evaluate the impacts of the project on the level of service of the surrounding roadways and intersections. The project proposes to construct a new street connecting to the south side of College Boulevard with right-idright-out access. The project is estimated to generate 1,700 Average Daily Trips (ADT), with 238 AM peak hour, and 221 PM peak hour trips. This project is served by College Boulevard, which is a major arterial roadway. Existing traffic on the segment of this arterial extending from Faraday Avenue to Palomar Airport Road is estimated at 12,780 ADT according to the 2002 Traffic Monitoring Report. While the increases in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The report indicates that intersections in the study area are currently operating acceptably and will continue to operate acceptably with project traffic and cumulative project traffic added. The proposed project would not cause an increase in traffic that is substantial in relation to existing traffic load and capacity of the street system. Therefore, the impacts from the proposed project are less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. The traffic analysis conducted for the project concludes that with the addition of project traffic, all four key signalized intersections are calculated to continue to operate at LOS C or better in the AM and PM peak hours. The unsignalized project driveway intersection (street) at College Boulevard was analyzed and it was found that the minor skeet movement at this intersection calculated to operate at LOS B in the AM and PM peak hours. Therefore, no significant impacts are calculated. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 24 Rev. 07/03/02 37 No Impact. The proposed project does not include any aviation components. The project is located just north of .- . the McClellan-Palomar Airport and is located within the boundaries of Airport Land Use Plan. However, the proposed street does not provide access to the airport nor will the project result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) Substantially increase hazards due to a design feature or incompatible uses? No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City’s general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) Result in inadequate parking capacity? No Impact. The project complies with the City’s parking requirements of one parking space per 250 square feet of office/R&D space and one parking space per 1,000 square feet of warehouse uses to ensure that adequate parking is provided for the proposal. No impact assessed. €9 Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The proposed project does not conflict with adopted policies, plans, or programs supporting alternative transportation. XVI. UTILITIES AND SERVICES SYSTEMS No Impact - The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 5 LFMP anticipated that the project site would be developed with a office/industrial uses and wastewater treatment facilities were planned and designed to accommodate future development on the site, All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development on the site will increase the demand for these facilities. However, the proposed development would not result in an overall increase in the City’s growth projection in the NW quadrant. Therefore, the project will not result in development that will result in a significant need to expand or construct new water facilitiesisupplies, wastewater treatment or storm water drainage facilities. Existing waste disposal services are adequate to serve the proposed office/industrial use on the site without exceeding landfill capacities. In addition, the proposed development will be required to comply with all federal, state, and local statutes and regulations related to solid waste. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Unless Mitigation Incorporated - The project would result in impacts to sensitive vegetation communities and sensitive wildlife species. However, mitigation measures are incorporated to reduce these impacts to a less than significant level through a combination of on-site preservation of habitat, off-site habitat creation or substantial restoration, and purchase of off-site mitigation credits. No impacts to vernal pool areas will occur since these areas will be avoided and adequate buffers will be provided as agreed to by the applicant, City, wildlife agencies, and California Coastal Commission. Direct impacts to coastal California gnatcatcher will be avoided by removing Diegan Coastal Sage scrub outside of the breeding season. 25 Rev. 07/03/02 38 b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact - San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All of the City’s development standards and regulations are consistent with the region- wide standards. The City’s standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As discussed above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the development would be minimal. Given the limited emissions potentially associated with the officehndustrial development of the site, air quality would be essentially the same whether or not the development is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City’s growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City’s growth projections, and therefore, the cumulative impact from the project to the regional circulation system is less than significant. With regard to any other potential impact associated with the project, City standards and regulations will ensure that development of the site will not result in a significant cumulatively considerable impact. c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Unless Mitigation Incorporated - The project could have substantial adverse noise impacts on human beings since the project site is in an area subjected to significantly high noise levels from aircraft. However, as discussed above, any potential impact from noise can be mitigated to a less than significant level. Those mitigation measures will be incorporated as conditions of project approval. Any future development on the site will be required to comply with all applicable federal, state, regional and City regulations, which will ensure the development of the site will not result in an adverse impact on human beings, either directly or indirectly. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. 2. 3. 4. 5. 6. Comprehensive Land Use Plan McClellan-Palomar Airport, SANDAG, Adopted April 1994. Conceptual Water Quality Plan & Storm Water manapement Plan for Palomar Pointe, K&S Engineering, December 2003. Cultural Resource Survev of the Hieatt/Jett Property, RECON, dated November 28,2001. Fire Flow Analysis for Palomar Pointe, K&S Engineering, December 23, 2003. Geotechnical Eneineering. Investigation, NorCal Engineering, dated November 5, 2001. Hvdrolow Report for Palomar Pointe, K&S Engineering, October 17, 2003. 26 Rev. 07103102 39 7. Traffic Impact Analysis - Palomar Pointe, Linscott, Law & Greenspan, March 18,2003. 8. Revised Biological Technical Report and Impact Analysis for the Palomar Pointe Property, RECON, dated July 8, 2004. 9. Structural Acoustical AnalvsisiCCR Title 24 Survey-Palomar Pointe Office Buildings, Investigative Science and Engineering, Inc., August 14,2003. 10. Final Master Environmental Impact Report for the City of Carlsbad General Planupdate (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 11. City of Carlsbad Geotechnical Hazards Analysis and MaDping Study, November 1992. 27 Rev. 07/03/02 Yo LIST OF MITIGATION MEASURES 1. 2. 3. 4. 5. 6. 7. On-site impacts (within the coastal zone) to 0.81 acres of southern maritime chaparral would be mitigated at a 3: 1 ratio for a total mitigation of 2.43 acres as follows: a) Through acquisition at a 2: 1 ratio of 1.62 acres of mitigation credits within the Whelan Ranch Conservation Bank in Oceanside, &; b) Through the off-site creation or Substantial restoration at a 1:l ratio of 0.81 acres of southern maritime chaparral. The off-site creation or substantial restoration component will satisfy the California Coastal Commission for loss of ESHA a 1:l ratio. This creation or Substantial restoration need not occur within the coastal zone and need not involve the purchase of land on which the restoration will be carried out. Off-site impacts (outside of the coastal zone) to 0.01 acres of southern maritime chaparral would be mitigated at a 3: 1 ratio for a total mitigation of 0.03 acres as follows: a) Through acquisition at a 3:l ratio of 0.03 acres mitigation credits within the Whelan Ranch Conservation Bank in Oceanside. On-site impacts (within the costal zone) to 5.96 acres of coastal California Gnatcatcher occupied Diegan coastal sage scrub would be mitigated at a 2: 1 ratio for a total mitigation of 11.92 acres as follows: a) Through acquisition at a 1 : 1 ratio of 5.96 acres of mitigation credits within the Whelan Ranch Conservation Bank in Oceanside, &; b) Through the off-site creation or Substantial restoration at a 1:l ratio of 5.96 acres of Diegan coastal sage scrub. The off-site creation or Substantial restoration component will satisfy the California Coastal Commission for loss of ESHA a 1: 1 ratio. This creation or substantial restoration need not occur within the coastal zone and need not involve the purchase of land on which the restoration will be carried out. Off-site impacts (outside of the coastal zone) to 0.45 acres of coastal California Gnatcatcher occupied Diegan coastal sage scrub would be mitigated at a 2: 1 ratio for a total mitigation of 0.90 acres as follows: a) Through acquisition at a 2:l ratio of 0.90 acres of mitigation credits within the Whelan Ranch Conservation Bank in Oceanside. The final location of the proposed creation or Substantial restoration of Diegan coastal sage scrub and southern maritime chaparral as required by the California Coastal Commission will be subject to review by the City of Carlsbad prior to the issuance of a grading permit. A restoration plan will be prepared outlining the proposed mitigation and submitted to the appropriate agencies for review and approval. The area to be created or restored will not be used as mitigation to meet the requirements of any other project. Prior to issuance of a grading permit, the approximately 6.5 acres of open space “hardline” preserve, shown on the tentative map as open space Lots 4 and 6, shall be preserved within a dedicated open space conservation easement. All land conserved or created as mitigation for project impacts (both on-site and off-site lands) will be professionally managed by an appropriate land management entity and maintained with adequate funds. 28 Rev. 07/03/02 I. . 8. Direct impacts to nesting coastal California gnatcatchers can be avoided by removing the Diegan coastal sage scrub within the project area outside of the breeding season. The non-breading season is September 1 through February 14. A biologist permitted to survey for coastal California gnatcatchers shall monitor all vegetation removal to ensure no direct impacts to individual birds. The loss of breeding habitat for this species and the displacement of at least one breeding pair will be mitigated by the off-site acquisition of Diegan coastal sage scrub as described above. 9. All outdoor lighting shall be shielded and directed away from the open space in order to reduce the potential for indirect lighting effects from the proposed project. 10. Use native plants to the greatest extent feasible in the landscape areas adjacent to the open space areas. The applicant should not plant, seed, or otherwise introduce invasive exotic plant species to the landscaped areas adjacent to and/or near open space areas. Exotic plant species not to be used include those species listed on List A & B of the California Exotic Pest Council’s list of “Exotic Plants of Greatest Ecological Concern in California as of October 1999”. 11. Prior to issuance of a grading permit, additional testing of the identified prehistoric site shall be required. This work shall include limited subsurface testing to determine if the site contains a subsurface component. The subsurface testing shall consist of shovel test pits placed in various locations across the scatter limits. Shovel scrapes shall be used to determine if low visibility areas contain cultural material. A site map of all surface artifacts and any other cultural material or impacts to the site shall also be prepared. 12. Prior to any grading of the project site: a. 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. b. 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 paleontolgoist shall make periodic reports to the Planning Director during the grading process. C. The paleontogolist 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. d. All fossils collected shall be donated to a public, nonprofit institution with a research interest in the materials, such as the San Diego Natural History Museum. e. 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. 13. Prior to issuance of a building permit, the owner shall submit an acoustical analysis which demonstrates that the architectural plans comply with the State of California interior noise standard of 50 dBA CNEL with a closed window condition. The mitigation measures recommended in the Acoustical Site AnalysisKCR Title 24 Survey, dated August 14, 2003 prepared by Investigative Science and Engineering shall be incorporated into the design of the buildings. 14. The developer shall grant an avigation easement in favor of the County of San Diego, in a form acceptable to the Airport Land Use Commission. Rev. 07103102 29 THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATION MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 30 Rev. Oll03102 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page I of 10 li d > 0 E a a a 0) I= c c m .- h + 0 a, -- e a h m ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 10 L 334 h m (3, c C C m .- h c .^ o! 0 meum m L P a, v) C 0 Q v) - 0 2 a, D - - .- 3 ui C m R c 0 - c 0 r v) v) 3 .- ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 3 of 10 rn S S C cu .- ii h m 0, S c C (u .- - a (d rn S S S m .- ii ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 4 of 10 0, c c c m .- - n Q ci U ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 5 of 10 0) C S C m .- ii v) a d rn S C C cu .- ii U ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 6 of IO m C c c (u .- - a L ,o C 0 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 7 of 10 Is) K C K m .- - a U 0 a, -- 2 a Is) C C K m .- - a m c =a g9 st- 5 u) S S C m .- h ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 8 of IO 0) C c S m .- ii u) S S S m .- ii + 0 a, .- 2 a ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 9 of 10 .t a, ea, KC m W iTC m h n ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page IO of 10 m 5 .E .E a, .r Am -a c W ea, ALL +- +- ’= L .= h 0 0 eo v 0 N n 73 a, +- u a, -- .f2 a m r C c m n I- - 53 U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 60 10 Hidden Valley Road Carlsbad, California 92009 CA Dept. of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (760) 43 1-9440 (858) 467-4201 FAX (760) 431-5902 + 9618 FAX (858) 467-4299 In Reply Refer To: FWS-SDG-4154.1 Ms. Barbara Kennedy City of Carlsbad Planning Department 163 5 Faraday Avenue Carlsbad, California 92008 Re: Mitigated Negative Declaration for the Palomar Pointe Project, City of Carlsbad, California Dear Ms. Kennedy: The California Department of Fish and Game (Department) and U. S. Fish and Wildlife Service (Service) (collectively, “Wildlife Agencies”) have reviewed the above-referenced Mitigated Negative Declaration (MND), dated July 12,2004, for the Palomar Pointe project in the City of Carlsbad (City). The City extended the deadline for comments to August 27,2004. The comments provided herein are based on the information provided in the MND, the biological report for the project, dated July 7,2004; our files on the project; numerous meetings and site visits between 1999 and 2004, including meetings on August 17 and 23, 2004 to discuss additional mitigation measures to make the project impacts less than significant; the August 16, 2004 letter by K&S Engineering on how the Palomar Pointe project will prevent surface drainage from entering the vernal pools; the August 19, 2004 letter by RE4 Riggan and Associates on the Hieatt property vernal pools and 1998 wet-year data; the August 19,2004 report by McCollum Associates on the August 17, 2004 meeting; the August 20, 2004 letter by RECON on additional biological information of the Palomar Pointe property; the September 11, 2003 letter by V. Scott Caims on the City Fire Department review of the Palomar Pointe project; the August 19,2004 letter by City Fire Marshal Gregory Ryan on Fire Department requirements for the Palomar Pointe project; and the Wildlife Agencies’ knowledge of sensitive and declining vegetation communities in San Diego County, and participation in regional conservation planning efforts. The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 153 1 et seq.). The Department is a Trustee Agency and a Responsible Agency Ms. Kennedy (FWS-SDG-4154.1) 2 pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 1538 1, respectively. Pursuant to Section 1802 of the Fish and Game Code, the Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants and habitat necessary for biologically sustainable populations of those species. As a Trustee Agency, the Department must be consulted by the Lead Agency during the preparation and public review for proj ect-specific CEQA documents if there are potential impacts to biological resources. The Department also administers the Natural Community Conservation Planning (NCCP) program. The City is currently participating in the NCCP program through the preparation of a Multiple Habitat Conservation Program Habitat Management Plan (HMP). The project proposes to build three office/industrial buildings and associated parking on the 13.45-acre Palomar Pointe property and an access road from College Boulevard that will cross 0.86 acre of the Carlsbad Municipal Golf Course property, for a total project footprint of 14.33 acres. The entire 14.33-acre project site (including the access road) is currently undeveloped and contains 10.38 acres of coastal sage scrub, 3.24 acres of southern maritime chaparral, 0.68 acre of disturbed habitat, 13 seasonal pooling areas totaling 0.08 acre (0.05 acre for 5 of the pooling areas is included in other habitat types). The proposed project is located within the Coastal Zone, southeast of College Boulevard, south of Aston Avenue, and north of the McClellan Palomar Airport. Surrounding land uses include industrial development to the west and north, and undeveloped land on the airport property to the east and on the proposed Carlsbad Municipal Golf Course to the southwest. Sensitive species detected on site include one individual and two pairs of federally listed as threatened coastal California gnatcatcher (Polioptila californica californica; gnatcatcher), red- tailed hawk (Buteojamaicensis), American kestrel (Buteojamaicensis), at least one pair of San Diego black-tailed jackrabbits (Lepus californicus bennettii), unspecified numbers of Blochman’s dudleya (Dudleya blochmaniae ssp. blochmaniae), and Nutall’s scrub oak (Quercus dumosa). Protocol-level surveys for Quino checkerspot butterfly (Euphydryas editha quino) were negative. Vernal pool indicator plants were detected in eight of the seasonal pools totaling 0.03 acre, which are also generally situated among topographic mounds indicative of vernal pools and are therefore considered San Diego Mesa Claypan vernal pools. No vernal pool indicator plants were detected in the remaining five seasonal pools totaling 0.05 acre, which are generally shallow and disjunct from topographic mounds associated with mesa vernal pools. Because of the shallow nature of these five pooling areas, it was determined that they were not likely to support the federally listed as endangered San Diego fairy shrimp (Branchinecta sandiegonensis). To confirm this assessment, dry season soil samples were collected from the five pooling areas and analyzed according to Service protocol. These samples did not detect any San Diego fairy shrimp cysts. The eight vernal pools to be avoided could support the San Diego fairy shrimp, however no Service protocol surveys have been completed to date to determine whether fairy shrimp occur in these pools. Ms. Kennedy (FWS-SDG-4154.1) 3 The Palomar Pointe project was formerly referred to as the “Hieatt” project and is a proposed “hardline” project in the City’s preserve system under that name, as shown in the draft HMP. In drawing the “hardline” for the project, the City, Wildlife Agencies and applicant focused on preserving and buffering the eight vernal pools and their watersheds, Blochman’s dudleya, and Nutall’s scrub oak on site, while minimizing impacts to coastal sage scrub and southern maritime chaparral. A minimum 50-foot buffer will be placed around all but easternmost vernal pool, which has a minimum 25-foot buffer. The proposed project will impact approximately 7.82 acres (6.96 acres on site and 0.86 acre off site) including: 6.41 acres of coastal sage scrub, 0.82 acre of southern maritime chaparral, 0.59 acre of disturbed habitat, five of the seasonal pooling areas consisting of 0.05 acre, and a significant portion of the watershed of the westernmost vernal pool. The proposed project will likely result in the take of one pair of gnatcatcher that occupies the coastal sage scrub and surrounding habitat to be impacted. If present in the vernal pools, the project will also likely result in direct and indirect impacts to San Diego fairy shrimp by impacting the watershed of the westernmost pool and edge effects associated with the proposed development. According to the MND, impacts to 0.82 acre of southem maritime chaparral would be mitigated at a 3: 1 ratio through the acquisition of 1.65 acres of mitigation credits at the Whelan Ranch Conservation Bank in Oceanside, and off site creation or substantial restoration of 0.81 acre of southern maritime chaparral. Additionally, impacts to 6.41 acres of coastal sage scrub would be mitigated at a 2: 1 ratio through the acquisition of 6.86 acres at Whelan Ranch Conservation Bank and creation or substantial restoration of 5.96 acres of coastal sage scrub off site. The 6.51-acre on-site hardline preserve would include 3.97 acres of coastal sage scrub, 2.42 acres of southern maritime chaparral, 0.09 acre of disturbed habitat, and 0.03 acre of San Diego mesa claypan vernal pool. All lands conserved or created as mitigation for the project impacts will be professionally managed by an appropriate land management entity and maintained with adequate funds. It is our understanding that as a “hardline,” the Palomar Pointe Project intends to start construction upon completion of the City’s HMP, which will provide coverage of incidental take of the gnatcatcher and San Diego fairy shrimp under section 1 O(a)( 1)(B) of the Act. For the City to obtain coverage for the San Diego fairy shnmp in its HMP, the Poinsettia vernal pools must be preserved and managed in perpetuity consistent with MHCP Volumes 2 and 3, and we are currently working with the City to that end. The Wildlife Agencies request that the City respond in writing on how it plans to ensure that the Poinsettia vernal pools are preserved and managed in perpetuity. The Wildlife Agencies appreciate the opportunity to comment on the MND. We offer the Enclosed comments to assist the City in avoiding, minimizing and mitigating project impacts to biological resources and assuring that the project is consistent with ongoing regional habitat conservation. We are available to work with the City and applicant to address our comments. - 38/27/2004 16:12 FAX 7604315902 US PrSff AND WILDLIFE @I 002 Ms. Kennedy (FWS-SDG4154.1) 4 Please contact Nancy Frost (Department) at (858) 637-55 1 1 or Ben Frater (Service) at (760) 43 1- 3440, if you have any questions or comments concerning this letter. Sincerely, Therese ,o* 0 ourke Assistant Field Supervisor U.S. Fish and Wildlife Service cc: State Clearinghouse ?6nald R. Chadwick Senio:: Environmental Scientist Califclrnia Department of Fish and Game Enclosures 57 .- . Ms. Kennedy (FWS-SDG-4154.1) ENCLOSURE 1 5 WILDLIFE AGENCY COMMENTS AND RECOMMENDATIONS ON THE PALOMAR POINTE PROJECT MITIGATED NEGATIVE DECLARATION 1. Since the draft MND was released for public comment, additional information and mitigation commitments have been given to the Wildlife Agencies in order for the project to have impacts that are less than significant. We recommend that this information is included as additional mitigation measures in the final MND, so that the public can have access to the same information. This information should include the approval of a reduced fire buffer (30 feet by vernal pool 8) by the City Fire Department, a commitment by the applicant to provide fencing that would restrict access into the preserve, and a letter from the applicant stating the project has been designed so that surface drainage from the project footprint is intercepted and redirected away from the vernal pools. 2. The proposed project would impact the five pooling areas, but avoid direct impacts to the eight vernal pools on site. Based on information provided to the Wildlife Agencies and our assessment of the project site, the pooling areas do not appear to be suitable for the San Diego fairy shrimp, though San Diego fairy shrimp may occupy the vernal pools. The project would impact a major portion of the watershed of the westernmost vernal pool and potentially cause indirect impacts to the avoided vernal pools. Vernal pools rely on surface and subsurface flows from their watersheds, and the direct impact to a pool’s watershed may harm the pool. Development adjacent to vernal pools can cause habitat fragmentation and edge effectdindirect impacts that threaten the long-term viability of vernal pools and the species within them, These impacts include: erosion; sedimentation; runoff from landscaped and/or developed areas; human and pet encroachment; introduction of pet waste; trampling; dumping; spills; light; noise; invasion of exotic species; genetic isolation; and isolation from pollinators. While we appreciate the applicant’s efforts to avoid such impacts, the Wildlife Agencies remain concerned about the long-term viability of the vernal pools. Therefore, in addition to the measures described in the MND and in recent discussions with the applicant, the following measures should be implemented to avoid, minimize and mitigate proj ect-related impacts to the avoided vernal pools: a. Restore native vegetation in the areas to be preserved that are currently disturbed (e.g., roadbeds). b. Restore the vernal pool watersheds by removing any non-native species and planting these areas with native vegetation. c. Expandenhance the basin of the easternmost vernal pool, which appears to have been impacted by a dirt road that currently runs through its basin. Ms. Kennedy (FWS-SDG-4154.1) .. . 6 d. If possible, modify the project footprint to avoid impacting the watershed of the westernmost vernal pool. To make such a modification possible, we would like to work with the applicant to determine a way to expand the project footprint in a manner that would not increase impacts to the other vernal pools. e. Prepare and submit a vernal pool restoratiodenhancernent plan to the Wildlife Agencies for review and approval. Restoratiodenhancement activities should begin concurrent with project construction. f. Prepare and submit a storm water management plan to the Wildlife Agencies for review which demonstrates that the placement, selection, and design of the post- construction best management practices will ensure that hydrological changes do not affect the vernal pools. 3. The proposed project footprint appears to be inconsistent with Figure 20 in section D of the City’s HMP in that it expands development around more of the easternmost vernal pool to be preserved. The project footprint should be consistent with the City’s HMP in this area. 4. The biological report (RECON, July 7,2004) lists the western spadefoot toad as one of the species with the potential to occur on the project site. According to Table 5, the western spadefoot toad’s habitat is “Vernal pools, floodplains, and alkali flats within areas of open vegetation”; however the report then concludes, “Marginal habitat present; low potential to occur on-site.” The Wildlife Agencies do not agree that the vernal pools and open vegetation on site represent marginal habitat, and are concerned that surveys were not performed for western spadefoot toads due to this conclusion. The MHCP states (4- 125) that a condition that must be met by subarea plans to adequately conserve this species includes: 1. As part of the project review process (e.g., CEQA) for individual projects, a qualified biologist will survey, using approved survey methods, all areas of the property containing potentially suitable breeding habitat (ephemeral ponds, vernal pools, washes, riparian areas) or upland foraging habitat (open scrublands, woodlands, grasslands) that is contiguous with potential breeding habitat. Surveys will also identifi any known or likely movement corridors used by toads, including any existing road crossings or culverts, bridges, or other feature used by dispersing toads. They will also identzJL locations where road undercrossings and fencing could be created to benefit toads by reducing roadkill on either new or existing roadways. Surveys shall occur prior to any proposed impact both inside and outside the FPA. Surveys shall be conducted when impacts to western spadefoot toad could occur as a result of direct or indirect impacts by placement of the project in or adjacent to occupied habitat or through creation of suitable conditions for non-native predators (e.g., bullfrogs). All pertinent agencies (including CDFG, USFWS, and County of Sun Diego Vector Control Program) will be informed about the location of any toad populations. 59 Ms. Kennedy (FWS-SDG4154.1) 7 The conditions on site appear to include appropriate breeding habitat (vernal pools and ephemeral ponds) and upland foraging habitat (open scrublands and woodlands) for the western spadefoot toad. Although this species is not an MHCP Narrow Endemic, all currently known or future discovered populations will be treated consistent with the Narrow Endemics Policy (see MHCP, page 4-2 16). As a result, we recommend performing surveys for this rare species if construction is scheduled to commence during a time when any pooling area proposed to be impacted is holding water. To be consistent with the requirements of the MHCP, any tadpoles, juveniles, or adults should be trapped and relocated to an appropriate site within the City’s preserve. If this is necessary, we recommend relocating the tadpoles to the preserved vernal pools on site and notifying the Wildlife Agencies of their presence. 5. The biological report states that the habitat designated as “disturbed” consists of dense black mustard (Brassica nigra) on the northeast side of the site, a detention basin at the northwestern tip of the site that contains weedy species such as black mustard, wild oat (Avena sp.), and Italian ryegrass (Lolium multiflorum). The description of these areas suggest that they should be considered “annual grassland” rather than disturbed. These non-native plants provide habitat for animals for feeding and foraging and impacts to this habitat type should be offset through mitigation at a 0.5:l ratio. Therefore, we recommend the off-site acquisition of 0.34 acre of annual grassland as mitigation for project-related impacts to 0.68 acre of this habitat type. 6. The biological report describes access to the project will be directly from College Boulevard. As we understand it, a turning lane will be required for traffic traveling north on College Boulevard to access the property. However, the MND and the biological report do not show the turning lane. Furthermore, the most recent version of Figure 8 in the HMP appears to show the access road for this project and any potential turning lane impacting the City’s preserve. Please clarify this apparent discrepancy in planned land use, and adjust this project’s proposed impacts if necessary. Additionally, the biological report appears to show a manufactured slope at points on both sides of the access road, but these impacts are not included in the project’s footprint, and likely not in the calculated impacts. The manufactured slope is the result of the project and should be considered a project-related impact. Please clarify this apparent discrepancy, and adjust the project’s proposed impacts if necessary. 7. The project should implement the Standard Best Management Practices (SBMP) given in Appendix B of the MHCP (enclosed). In addition, because the project site is adjacent to existing and proposed hardline conservation areas, development should be consistent with the Adjacency Standards (AS) in the City’s HMP. a. The water pollution and erosion control plan required by SBMP 2 and AS B should be submitted to the Wildlife Agencies for approval at least seven days prior to initial vegetation removal and/or project construction. This plan should also include measures to prevent fugitive dust generated at the construction site from entering adjacent habitat. Ms. Kennedy (FWS-SDG-4154.1) 8 b. To implement SBMP 10, prior to and during the initial clearing and grubbing of vegetation outside the gnatcatcher breeding season, the biologist should locate any individual gnatcatchers on site and direct construction personnel to begin in an area away from birds. In addition, the biologist should walk ahead of clearing and grubbing equipment to flush birds towards areas of habitat that will be avoided. It will be the responsibility of the biologist to assure that gnatcatchers will not be directly injured or killed by the clearing and grubbing. During the course of clearing and grubbing within gnatcatcher habitat, the biologist should report on the number and locations of gnatcatchers disturbed by clearing and grubbing activities. The biologist should notify the Wildlife Agencies at least seven calender days prior to initiating clearing and grubbing of vegetation to allow the Wildlife Agencies to coordinate with the biologist on bird flushing activities. Clearing of coastal sage scrub is proposed to occur outside of gnatcatcher breeding season. The bird breeding season is approximately February 15 through August 3 1, however raptors may begin breeding as early as January. The Wildlife Agencies are also concerned about impacts to nesting birds if clearing of other types of vegetation occurs during the breeding season. Therefore, we recommend that all vegetation clearing occur outside of the bird breeding season. Additionally, the on-site preserve is suitable breeding habitat for the gnatcatcher, and noise, dust, and light resulting from construction activities may result in the disruption of nesting success. Therefore, if proj ect construction is necessary during the bird breeding season, a qualified biologist should conduct a survey for nesting birds, within three days prior to the work in the area, and ensure no nesting birds in the project area (including along access roads) would be impacted by the project. If an active nest is identified, a buffer shall be established between the construction activities and the nest so that nesting activities are not interrupted. The buffer shall be a minimum width of 300 feet (500 feet for raptors), shall be delineated by temporary fencing, and shall remain in effect as long as construction is occurring or until the nest is no longer active. No project construction shall occur within the fenced nest zone, until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by the project. The mapped bird survey results will be submitted to the Wildlife Agencies for review and approval prior to project construction during the bird breeding season to ensure full avoidance measures are in place. The construction monitoring reports required by SBMP 10 should be submitted monthly to the Wildlife Agencies until project completion. c. Photographs of the fenced construction limits required by SBMP 14 should be submitted to the Wildlife Agencies for approval at least seven days prior to initial vegetation removal and/or project construction. d. To implement SBMP 2 1, a conservation easement should be placed over the on- site preserved habitat. A plan for managing the on-site preserved habitat in perpetuity, including a non-wasting endowment to fund the plan, should be .- . Ms. Kennedy (FWS-SDG-4 154.1) 9 prepared and submitted to the Wildlife Agencies for approval pnor to initiating project construction. e. Permanent fencing (with signs delineating the area as biological open space) required by AS D should be installed between the impact area and biological open space. Fencing should be designed in coordination with the Wildlife Agencies to prevent intrusion into the sensitive habitats from humans and pets. There should be no gates between the development and the open space. A fencing plan should be submitted to the Wildlife Agencies for approval prior to project initiation, and installed within 60 days of the completion of project construction. 8. Although we are not aware of the materials that will be used on the exterior of the building, we would be concerned if reflective glass was selected. The project site is both part of the Pacific Flyway, and adjacent to the preserve established for resident gnatcatchers. It is common for foraging and migrating birds to collide with glass because they can be attracted to and/or disoriented by their reflections during the day and by indoor lighting after dark. One hundred million to one billion birds die each year due to collisions with human-built structures across North America alone. The reflective and transparent characteristics of glass apparently make windows invisible to birds which see the tree reflected in a window, or the plant behind the window, not the glass itself (FLAP 2002). To minimize avian collisions with the reflective glass, we recommend the use of non-reflective glass, and/or the use of film (see-through from the inside) to cover the windows so that they are non-reflective and so that indoor lighting is not visible from the outside (visit http://www.flap.or.g/new/nesteg;g.htm). Ms. Kennedy (FWS-SDG-4154.1) ENCLOSURE 2 STANDARD BEST MANAGEMENT PRACTICES 10 Appendix B Standard Best Management Practices 1. 2. 3. 4. 5. 6. 7. APPENDIX B STANDARD BEST MANAGEMENT PRACTICES A qualified biologist shall conduct a training session for all project personnel prior to proposed activities. At a minimum, the training shall include a description of the target species of concern and is habitats, the general provisions of the Endangered Species Act (Act) and the MHCP, the need to adhere to the provisions of the Act and the MHCP, the penalties associated with violating the provisions of the Act, the general measures that are being implemented to conserve the target species of concern as they relate to the project, and the access routes to and project site boundaries within which the project activities must be accomplished. A water pollution and erosion control plan shall be developed that describes sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and other factors deemed necessary by reviewing agencies. Erosion control measures shall be monitored on a regularly scheduled basis, particularly during times of heavy rainfall. Corrective measures will be implemented in the event erosion control strategies are inadequate. Sedimentkrosion control measures will be continued at the project site until such time as the Evegetation efforts are successful at soil stabilization. The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites shall be via pre-existing access routes to the greatest extent possible. The upstream and downstream limits of projects disturbance plus lateral limits of disturbance on either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist prior to initiation of work. Projects should be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats should be timed to avoid the breeding season of the target species of concern. When steam flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing or other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off-site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment i7om re-entering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment fiom returning to the stream. 3 145S2000 B-1 FINAL MHCP VOL. II .- . Appendix B Standard Best Management Practices 8. 9. 10. 11. 12. 13. 14. Equipment storage, heling, and staging areas shall be located on upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. All project related spills of hazardous materials shall be reported to appropriate entities including but not limited to applicable jurisdictional city, FWS, and CDFG, SWQCB and shall be cleaned up immediately and contaminated soils removed to approved disposal areas. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. The qualised project biologist shall monitor construction activities throughout the duration of the project to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. Construction monitoring reports shall be completed and provided to the jurisdictional City, FWS, and the CDFG summarizing how the project is in compliance with applicable conditions. The project biologist should be empowered to halt work activity if necessary and to confer with staff fiom the applicable city, FWS, and CDFG to ensure the proper implementation of species and habitat protection measures. The removal of native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary impacts shall be returned to pre-existing contours and revegetated with appropriate native species. All revegetation plans shall be prepared and implemented consistent with Appendix C (Revegetation Guidelines) and shall require written concurrence of the FWS and CDFG. Exotic species that prey upon or displace target species of concern should be permanently removed fiom the site. To avoid attracting predators of the target species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed fiom the site(s). Pets of project personnel shall not be allowed on-site where they may come into contact with any listed species. Construction employees shall strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) shall be the minimal area necessary to complete the project and shall be specified in the construction plans. Construction limits will be fenced with orange snow screen. Exclusion fencing should be maintained until the completion of all construction activities. All employees shall be instructed that their activities are restricted to the construction areas. FINAL MHCP VOL. II B-2 3 14552000 Appendix B Standard Best Management Practices 15. 16. 17. 18. 19. 20. 21. Any habitat destroyed that is not in the identified project footprint shall be disclosed immediately to the jurisdictional city, FWS, and CDFG and shall be compensated at a mhknutnratio of5:l. If dead or injured listed species are located, initial notification must be made within three working days, in writing, to the Service's Division of Law Enforcement in Torrance, California and by telephone and in writing to the applicable jurisdiction, Carlsbad Field Office of the FWS, and CDFG. The jurisdictional City shall have the right to access and inspect any sites of approved projects including any restoratiodenhancement area for compliance with project approval conditions ncluding these BMP. The FWS and CDFG may accompany City representatives on this inspection. Any planting stock to be brought onto the site for landscaping or ecological restoration shall first be inspected by a qualified pest inspector to ensure it is free of pest species that could invade natural areas, including but not limited to Argentine ants, fire ants, and other insect pests. Any planting stock found to be infested with such pests shall not be allowed on the project site or within 300 feet of natural habitats. The stock shall be quarantined, treated, or disposed of according to best management principles by qualified experts in a manner that precludes invasions into natural habitats. Projects adding new utility lines or towers or modifying existing utility lines or towers will implement designs that preclude or minimize harm to wildlife due to collisions or electrocution. In€ormation on such designs can be found at www.migratorybirds. fivs.gov/issues/towers. Where appropriate based on site-specific survey results, wildlife undercrossings shall be designed and implemented for new roads or road improvement projects that could disrupt wildlife movements or result in increased roadkill. Such undercrossings, along with any necessary wildlife fencing or other facilities, shall be designed based on best available information to maximize use of the undercrossing by species of concern. Undercrossing design shall strive to maximize the openness index ([width x heightlflength), minimize traffic noise within the crossing, use appropriate fencing to funnel wildlife into the crossing rather than across the road surface, and screen the undercrossing openings with natuml vegetation. All mitigation sites shall be conserved through fee title acquisition or conservation easement, and proof of recordation shall be provided to the jurisdictional city prior to land disturbance. B-3 FINAL MHCP VOL. II 314552000 - City of Carlsbad August 3 1 , 2004 Therese O’Rourke Donald R. Chadwick U.S. Fish and Wildlife Service 60 10 Hidden Valley Road Carlsbad, CA 92008 California Department of Fish & Game 4949 Viewridge Drive San Diego, CA 92123 RE: PALOMAR POINTE - GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03- 02/PIP 03-02/CDP 03-06/HDP 03-02 Dear Ms. O’Rourke and Mr. Chadwick: Thank you for your joint comment letter dated August 27, 2004 on the Palomar Pointe Mitigated Negative Declaration. The project is located southeast of College Boulevard, southwest of Aston Avenue, and north of the McClellan-Palomar Airport in the City of Carlsbad. Following are City’s responses to YOLK comments: 1. Additional information was submitted to USFW and CDFG including the approval of a reduced fire buffer (30 feet by vernal pool 8) by the City Fire Department, a commitment by the applicant to provide fencing that would restrict access into the preserve, and a letter from the applicant stating the project has been designed so that surface drainage from the project footprint is intercepted and redirected away from the vernal pools. These letters are included as an attachment to this correspondence and will become part of the record for the MND. 2. The “hardline” boundary near the most westerly vernal pools appears to encroach into the watershed area. However, if you review the plans in more detail, you will note that the open space lot extends to the edge of the development impacts and includes the “grey shaded area’’ on the map. This “grey shaded area” consists of native vegetation and actually increases the boundary of the hardline to completely encompass the watershed boundaries (as dimensioned on the plans) of the vernal pools. Although the applicant has kept development outside of the agreed upon “hardline”, the following additional mitigation measures will be added to further avoid, minimize and mitigate any potential project related impacts to the already avoided vernal pools and their watersheds: a. Restore native vegetation in the areas to be preserved that are currently disturbed (e.g., roadbeds). b. Restore the vernal pool watersheds by removing any non-native species and planting these areas with native vegetation. u 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us c. Expardenhance the basin of the easternmost vernal pool, which appears to have been impacted by a dirt road that currently runs through its basin. d. Prepare and submit a vernal pool restoratiodenhancement plan to the Wildlife Agencies for review and approval. Restoratiodenhancement activities should begin concurrent with project construction. e. Prepare and submit a storm water management plan to the Wildlife Agencies for review which demonstrates that the placement, selection, and design of the post-construction best management practices will ensure that hydrological changes do not affect the vernal pools. 3. See comment above. The open space preserve lot extends beyond the “hardline” boundary and encompasses the entire vernal pool watershed as dimensioned on the plan. 4. The City believes that it is unlikely for the western spadefoot toad to be present on site and surveys for this species were not required. However, a mitigation measure will be added for a biological monitor to be present on site before and during construction. The biological monitor shall observe if there are any western spadefoot toad or any other sensitive species. If toads or tadpoles of any kind are in the vernal pools, the biological monitor will follow the wildlife agencies recommendations for trapping and relocation. 5. The City is of the opinion that impacts to non-native grasslands are adequately mitigated through other forms of mitigation taking place, including on-site preservation, off-site acquisition, and additional off-site creation or substantial restoration required in the coastal zone. Therefore, additional mitigation for impacts to non-native grassland is not required. 6. A turn-lane for traffic traveling north on College Boulevard is not proposed or required for either the Palomar Pointe project or the Carlsbad Municipal Golf Course. The access road and manufactured slopes on both sides of the access road have been previously analyzed in the Carlsbad Municipal Golf Course EIR and mitigation for these impacts are included in the Golf Course EIR. Additionally, the “Off-site Access Road” impacts are shown on Table 6 of the Biological Technical Report for the Palomar Pointe project prepared by RECON, dated July 7, 2004. Mitigation has been included for these off-site impacts. 7. Development will be consistent with the Adjacency Standards (AS) in the City’s HMP. Mitigation measures 6 and 7 require a conservation easement over the on- site preserved habitat and a plan for managing the on-site preserved habitat in perpetuity, including a non-wasting endowment to fund the plan. These conditions will be modified to require the Wildlife Agencies review and approval of the management plan prior to initiating project construction. In addition, the following items will be included as mitigation measures: a. The water pollution and erosion control plan required by SBMP 2 and AS B shall be submitted to the Wildlife Agencies for approval at least seven days prior to initial vegetation removal and/or project construction. This plan should also include measures to prevent fugitive dust generated at the construction site from entering adjacent habitat. b. To implement SBMP 10, prior to and during the initial clearing and grubbing of vegetation outside the gnatcatcher breeding season, a biological monitor shall locate any individual gnatcatchers on site and direct construction personnel to begin in an area away from birds. The biological monitor shall notify the Wildlife Agencies at least seven calendar days prior to initiating clearing and grubbing of vegetation to allow the Wildlife Agencies to coordinate with the biologist on bird flushing monitoring and reporting activities. c. If project construction is necessary during the gnatcatcher bird breeding season (February 15 through August 31), a qualified biologist shall conduct a survey for nesting birds, within three days prior to the work in the area, and ensure no nesting birds in the project area (including along access roads) would be impacted by the project. If an active nest is identified, the Wildlife Agencies shall be notified. Appropriate measures shall be taken for the nesting site(s) as recommended by the Wildlife Agencies. The biological monitor shall also monitor for nesting raptors. d. The construction monitoring reports required by SBMP 10 shall be submitted monthly to the Wildlife Agencies until project completion. e. Photographs of the fenced construction limits required by SBMP 14 shall be submitted to the Wildlife Agencies for approval at least seven days prior to initial vegetation removal and/or project construction. f. Permanent fencing (with signs delineating the area as biological open space) required by AS D shall be installed between the impact area and biological open space. Fencing shall be designed in coordination with the Wildlife Agencies to prevent intrusion into the sensitive habitats from humans and pets. There should be no gates between the development and the open space. A fencing plan shall be submitted to the Wildlife Agencies for approval prior to project initiation, and installed within 60 days of the completion of project construction. 8. Commented noted. The project proposes the use of “Vision Glass” on Buildings 1, 2 and 3. “Vision Glass” has no reflective material. Narrow glass accent panels of a medium-reflective glass are also used on Building 1, but comprise only a small area of the building wall surface. Please see the attached revised Mitigation Monitoring and Reporting Program which will be presented as an errata to the Planning Commission. The new or revised mitigation measures are in bold text. If you have any additional comments or questions, please contact me at (760) 602-4626. Sincerely, Barbara Kennedy, AICP Associate Planner c: Don Rideout, Principal Planner Larry Jett Attachments : 1. 2. 3. 4. Letter from Gregory Ryan, Deputy Fire Marshall, City of Carlsbad, dated August 19,2004 Letter from Larry Jett, Lanikai Management, dated August 16,2004 Letter from Robert C. Imsande, K&S Engineering, dated August 16,2004 Revised Palomar Pointe Mitigation Monitoring and Reporting Program 0 0 City of Carlsbad Office of Fire Prevention Division August 19,2004 Project: Palomar Pointe - Lanikai Management Company CDP 03-06 / HDP 03-02 / PUD 03-02 / PIP 03-02 SCA Job No.: 01280.01 Subject: Fire Department Requirements. Per our review and consideration of current code requirements regarding this proposed development, the Carlsbad Fire Department cannot find cause to be concerned with the potential for growth of naturally occurring vegetation up to the boundary of this development as it occurs on the northwestern corner at or near Vernal Pool 8. Carlsbad Fire Department has considered at length the many scenarios that currently or potentially exist, and conclude that in this instance the risks are minimal and the worst case potential may be moderate. However it should be noted that there is no combustible structures or features proposed or permitted within the area in question which Mer reduces any potential risk from naturally occurring vegetation. Thank you for your interest and if you have any further comments or questions please contact myself at 760-602-4663. Deputy Fire Marshal City of Carlsbad Fire Department 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4666 FAX (760) 602-8561 dia 08/20/04 FRI 15:34 FAY 17604761811 LANIKAI LANIKAI MANAGEMENT CORPORATION August 19,2004 Barbara Kennedy City of Carlsbad 163 5 Faraday Avenue Carlsbad, CA 92008 RE: Palomar Pointe (Project #CT04-06) Vernal Pool Fencing Plan Barbara: We agree to provide a fencing plan mutually agreed upon between the United States Fish & Wildlife Service and ourselves as it pertains to the protection of the vernal pools. The purpose of the fence shall serve to restrict both pedestrian and vehicular traffic from entering the vernal pool areas adjacent to our development at Palomar Pointe. The fence will be constructed once the City's fencing plan is complete. Cordially, T. Ladence Jett Owner a001 P.O. BOX 455 3640 SAGUNTO STREET, SUITE 301 OSANTAYNEZ, CA 93460 (605) 693-1314 FAX: (805) 693-1317 73 KslS ENGINEERING Planning Engineering Surveying August 16,2004 Ms. Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Palomar Pointe Project CT 04-06 Vernal Pools Dear Ms. Kennedy: JN-02-084 Pursuant to conditions of approval to develop the site for the above mentioned project, surface storm drainage waters from disturbed areas require diversion fkom the vernal pools. These pools are referred to as VP NO’S. 2,3,4, 5,6, 8’9 & 10. The site is designed so that surface drainage from the disturbed areas is intercepted and redirected away from the vernal pools. The proposed grading has downslopes directed away from the vernal pools. Parking lot and driveway drainage is also directed away from the vernal pools. The Storm Water Pollution Prevention Plan (SWPPP) being developed for the Project includes Best Management Practices (BMP’s) for utilization during construction phases of the Project. Proper implementation of these BMP’s will prevent construction activities from contaminating the vernal pools to the maximum extent practicable. If you require further information, do not hesitate to contact me. Sincerely, Robert’C. Imsang cc: Larry Jett, Lanikai Management 7801 Mission Center Court, Suite 100 San Diego, California 921 08 * (61 9) 296-5565 Fax (61 9) 296-5564 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5710 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON AVENUE, AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE NORTH OF THE MC CLELLAN-PALOMAR AIRPORT IN CASE NO.: GPA 04-08 WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Ofice of the County Recorder of San Diego, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 04-08” dated September 1, 2004, attached hereto and on file in the Carlsbad Planning Department PALOMAR POINTE - GPA 04-08 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of September 2004, 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, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE7 BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: B) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PALOMAR POINTE - GPA 04-08, 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 September 1, 2004 including, but not limited to the following: that the proposed Open Space and Planned Industrial land uses are compatible with the surrounding land uses in that the adjacent land uses are developed with officehndustrial uses; 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 vernal pools, slopes and habitat areas included in the open space preserve areas are consistent with the “hardline areas” shown in the City’s draft Habitat Management Plan and that these areas are proposed to be designated as Open Space on the General Plan Land Use Map. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 04-03 and LCPA 04-07 and is subject to all conditions contained in Planning Commission Resolutions No. 5709, 5711 and 5712 for those other approvals incorporated herein by reference. ... ... ... ... ... ... ... ... ... PC RES0 NO. 5710 -2- 76 1 2 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commissic PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, California, held on the 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: . - MICHAEL J. HO&IL%R Planning Director PC RES0 NO. 5710 -3- 77 GENERAL PLAN AMENDMENT Project Name: PALOMAR POINTE GPA: 04-08 draft finat Related Case File No(s): ZC 04-03/ LCPA 04- 07/CT 04-061 PUD 03-02/PIP 03-02 /CDP 03- OG/HDP 03-02 September 1, 2004 G.P. Map Designation Change Property From: To: A. 21 2-1 20-33 PI PI &OS Attach additional pages if necessary PROPOSED Approvats Council Approval Date: Resolution No: Effective Date: Signature: EXISTING 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- . PLANNING COMMISSION RESOLUTION NO. 5711 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING OS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE APPROVAL OF A ZONE CHANGE FROM P-M TO P-M AND AVENUE, AND NORTH OF THE MC CLELLAN-PALOMAR CASE NO.: ZC 04-03 WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as: That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated September 1, 2004, attached hereto and on file in the Planning Department, PALOMAR POINTE - ZC 04-03 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 1st day of September, 2004, 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, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 74 Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PALOMAR POINTE - ZC 04-03 based on the following findings: Findines: 1. That the proposed Zone Change from Planned Industrial (P-M) to P-M and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed Open Space zoning replaces the existing P-M zoning in areas designated as habitat preservation areas and the remaining P-M zone designations reflect the areas proposed for the officdindustrial development. The proposed P-M and OS zone designations are consistent with the proposed Planned Industrial (PI) and Open Space (OS) General Plan Land Use designations. 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 and Open Space zoning designations, as shown on Exhibit “ZC 04-03,” implement 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 are currently allowed on the site and the proposed zone change is necessary to reflect the areas set aside as open space preserve as required by the City’s draft Habitat Management Plan. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 04-08 and LCPA 04-07, and is subject to all conditions contained in Planning Commission Resolutions No. 5709, 5710 and 5712 for those other approvals incorporated herein by reference. 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 “feedexac tions.” 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. PC RES0 NO. 571 1 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 571 1 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5712 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM (LCP) TO PROVIDE CONSISTENCY BETWEEN THE LOCAL COASTAL PROGRAM ZONING AND LAND USE MAPS AND THE NEW OPEN SPACE DESIGNATIONS PROPOSED FOR THE GENERAL PLAN AND ZONING MAP ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON AVENUE, AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE NORTH OF THE MC CLELLAN-PALOMAR AIRPORT IN CASE NO.: LCPA 04-07 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibits “LCPA 04-07 Zoning and Land Use” dated September 1,2004 attached hereto and made a part hereof, PALOMAR POINTE - LCPA 04- 07, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did on the 1st day of September 2004 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, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on July 8,2004 and ending on August 19, 2004, staff had received no public comments on the proposed Local Coastal Program Amendment. C) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of PALOMAR POINTE - LCPA 04-07 based on the following findings, and subject to the following conditions: Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I1 Segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed OS (Open Space) land use and zone designations reflect the open space preserve areas and are consistent with the proposed OS General Plan Land Use and Zoning designations. 2. That the proposed land use and zone designation amendment to the Mello I1 Segment of the Carlsbad Local Coastal Program is required to bring the designations of the City’s General Plan Land Use Map and Zoning Map and the Mello I1 Local Coastal Program Segment into conformance. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 04-08, and ZC 04-03, and is subject to all conditions contained in Planning Commission Resolutions No. 5709, 5710 and 5711 for those other approvals incorporated herein by reference. PC RES0 NO. 5712 -2- 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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/exac tions. ” You have 90 days from date of approval to protest imposition of these feedexactions. 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 feedexactions 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 feedexactions 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, California, held on the 1st day of September, 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: K H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOYZMI~LER Planning Director PC RES0 NO. 5712 -3- LOCAL COASTAL PROGRAM 'roject Name: PALOMAR POINTE LCPA: 04-07 Related Case File No(s): GPA 04-081ZC 04-03/CT 04-061 PUD 03-02/PIP 03-02 /CDP 03-06/HDP 03-02 draft Ix] final 0 LCPA Map Designation Change From: To: Property P-M & OS A. 21 2-1 20-33 P-M ZONING September 1, 2004 Approvals Council Approval Date: Resolution No: Effective Date: Signature: PROPOSED EXISTING LOCAL COASTAL PROGRAM LCPA: 04-07 draft final LAND USE September 1,2004 PROPOSED EXISTING Project Name: PALOMAR POINTE Related Case File No(s): GPA 04-08/ZC 04-03/CT 04-06! PUD 03-021PIP 03-02 /CDP 03-06/HDP 03-02 PropertylLegal Description(s): That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 LCPA Map Designation Change Approvals Property From: To: Council Approval Date: A. ZI 2-1 20-33 PI PI 84 os Resolution No: Effective Date: Signature: Attach additional Daaes if necessarv EXHIBIT 5 P.C. AGENDA OF: September 1,2004 The City of Carlsbad Planning Department Project Planner: Barbara Kennedy Project Engineer: John Maashoff A REPORT TO THE PLANNING COMMISSION Item~o. @ ppplication complete date: SUBJECT: GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03- 06/HDP 03-02 - PALOMAR POINTE - Request for a recommendation of approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, and Local Coastal Program Amendment, and to approve a Tentative Tract Map, Non-residential Planned Unit Development Permit, Planned Industrial Permit, Coastal Development Permit and Hillside Development Permit for the subdivision of 13.47 acres of land into three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, and two open space lots, and including the construction of three officehndustrial buildings on property generally located southeast of College Boulevard, southwest of Aston Avenue, and north of McClellan-Palomar Airport on property located in the P-M zone in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5709 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 5710, 5711, and 5712 RECOMMENDING APPROVAL of GPA 04-08, ZC 04-03, and LCPA 04-07, and ADOPT Planning Commission Resolutions No. 5713, 5714, 5715, 5716 and 5717 APPROVING CT 04-06, PUD 03-02, PIP 03-02, CDP 03-06 and HDP 03-02, based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The development proposal includes a request for Planning Commission approval of a tentative tract map, non-residential planned unit development permit, planned industrial permit, coastal development permit, and hillside development permit to subdivide, grade and construct three officehndustrial buildings on a 13.47 acre site located in the P-M zone. As proposed, the site would be subdivided into seven lots consisting of three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, and two open space lots. In addition, the proposal includes a request for a Planning Commission recommendation of approval for a General Plan Amendment (GPA) and Zone Change (ZC) to designate the habitat preservation areas as Open Space, and a Local Coastal Program Amendment (LCPA) to update the Local Coastal Program (LCP) maps so that they are consistent with the proposed GPA and zc . GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02PP 03-02/CDP 03-06MDP 03-02 - PALOMAR POINTE September 1,2004 Page 2 The project is located within the Mello I1 Segment of the City’s adopted LCP and within the California Coastal Commission appeal jurisdiction area of the Local Coastal Zone. The project was found to have potentially significant impacts on the environment, however, incorporation of the recommended mitigation measures will reduce these impacts to a less than significant level. Therefore, a Mitigated Negative Declaration has been prepared for the project. As designed and conditioned, the project is in conformance with all City standards and staff is recommending approval of the project. 111. PROJECT DESCRIPTION AND BACKGROUND The project site is a 13.47 gross acre vacant site located in the northwest quadrant of the City. The site is located southeast of College Boulevard, southwest of Aston Avenue, and north of the McClellan Palomar Airport. The north, east and northwest sides of the site are surrounded by office/industrial development and the McClellan-Palomar Airport is located south of the site. The future municipal golf course is located generally west of the site. Elevations on the property range from about 284 feet above mean sea level (msl) at the northeast corner of the site to 329 feel msl at the southwest corner of the site. Slopes with a 15 - 40% gradient are located along the northern and northeastern edges of the property. The flatter areas of the site are located to the south of the site. A number of sensitive vegetation communities were identified on site and within the off-site access road area. These include Southern Maritime Chaparral, Diegan Coastal Sage Scrub, and San Diego Mesa Claypan Vernal Pools. The applicant has been working with the City of Carlsbad, the California Coastal Commission, and the Wildlife agencies to identify areas of the site to be preserved. The “hardline” preserve areas and developable areas have been agreed to and are represented as an exhibit in the City’s draft Habitat Management Plan (HMF’). Development will be limited to the flatter portions of the site while the steeper slopes with native vegetation and areas containing vernal pools will be avoided. The Palomar Pointe project consists of three industrial office buildings totaling 84,240 square feet and related parking and landscape areas. Buildings “A,” “B,” and “C” contain 32,800, 17,000, and 34,400 square feet, respectively. The project will require off-site development of a new public road which will be accessed from the south side of College Boulevard, south of Aston Avenue. The new street will also serve portions of the future Carlsbad Municipal Golf Course. Development is proposed primarily within the central and southeast portions of the site in the more level areas of the site. Approximately 6.41 acres (48% of the site) will be preserved as open space. Three buildings are proposed on the site. Building “A” is a two-story, 32,800 square foot office building with a height of 36 feet. Building “B” is a one-story, 17,000 square foot office/industrial building with a height of 25.5 feet. Building “C” is also one-story, with 34,440 square feet of multi-tenant industrial space and a height of 25.5 feet. The site is located in the Mello I1 Segment of the Local Coastal Zone and has a General Plan Land Use designation of Planned Industrial (PI) and a Zoning designation of Planned Industrial GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1 , 2004 Pane 3 (P-M). The applicant is proposing a GPA and ZC to designate the open space preserve areas as Open Space (OS) on the General Plan and Zone Maps, and an LCPA to reflect these changes on the LCP land use and zone maps. The project is located within the boundaries of the McClellan-Palomar Airport Influence Area and therefore is subject to the McClellan-Palomar Airport Comprehensive Land Use Plan. The project involves the following legislative actions: A. B. C. General Plan Land Use Map Amendment from PI to PI and OS; Zone Change from P-M to P-M and OS; and Local Coastal Program Amendment to implement the General Plan Amendment and Zone change in the Local Coastal Program. The proposed project is subject to the following plans, ordinances, standards, and policies: D. E. F. G. H. I. J. K. General Plan PI (Planned Industrial) and OS (Open Space) designations Carlsbad Municipal Code, Title 2 1 (Zoning Ordinance) including: 1. P-M (Planned Industrial) Zone (Municipal Code Chapter 21.34); 2. OS (Open Space) Zone (Municipal Code Chapter 21.33); Non-Residential Planned Developments (Municipal Code Chapter 2 1.47; Carlsbad Municipal Code, Title 20 (Subdivision Ordinance); McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP); Hillside Development Regulations (Municipal Code Chapter 2 1.95); Coastal Development Regulations for the Mello I1 Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (Municipal Code Chapters 21.201 and 21.203); and Growth Management Ordinance (Zone 5 Local Facilities Management Plan). The recommendation for the proposal was developed by analyzing the project’s consistency with the applicable City regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. IV. ANALYSIS Legislative Actions A/B. General Plan Amendment/Zone Change The project site is currently designated by the General Plan Land Use Map for PI land use and is zoned P-M. The project includes a General Plan amendment to redesignate the proposed project open space from PI to OS. To ensure zoning consistency with the proposed General Plan Land Use designations, the portion of the property proposed as OS would also be rezoned to the OS zone designation. This action is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the open space zone to designate high-priority GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PP 03-02/CDP 03-06LHDP 03-02 - PALOMAR POINTE September 1,2004 resource areas as open space at the time of development. The City’s draft Habitat Management Plan requires designation of the open space preserve areas as Open Space on the General Plan Land Use and Zoning maps, concurrent with development. C. Local Coastal Program Amendment The LCPA is required in order to implement the proposed General Plan Land Use Amendment from PI to PI and OS and zone change from P-M to P-M and OS in the Local Coastal Program. The LCPA will result in consistency between the General Plan Land Use and zoning and the Local Coastal Program land use and zoning designations for the site. No comments were received during the required six-week LCPA public notice of availability period. Regulatory Compliance D. General Plan The General Plan designation of the site is PI, and a new OS designation is proposed for the open space preserve areas. The PI land uses include manufacturing, warehousing, storage, research and development, and utility uses. The project complies with all of the elements of the General Plan as shown in Table A below. ELEMENT Land Use Housing Open Space & Conservation TABLE A - GENEW USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for industrial uses. Provision of affordable housing. Minimize environmental impacts to sensitive resources within the City. PLAN COMPLIANCE PROPOSED USES & IMPROVEMENTS Industrial/offce buildings. Conditioned to pay a non- residential linkage fee if adopted by City Council. The project complies with the draft HMP hardline. The open space preserve areas will be redesignated to OS on the General Plan Land Use Map, Zone map, and LCP maps. The open space preserve will be managed by an appropriate conservation entity with adequate funds for long-term biological management, consistent with the draft HMP. COMPLIANCE Yes Yes Yes GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06FUD 03-02FIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT ~ Noise Circulation Parks Public Safety USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Utilize noise standards contained in the Noise Guidelines Manual. Require new development to construct roadway improvements needed to serve proposed development. Pay men t of P ark-in-li eu fee. Provision of emergency water systems and all- weather access roads. PROPOSED USES & IMPROVEMENTS The project is located between the 60 and 70 dBA CNEL noise contour. Mitigation measures are included to reduce the interior noise levels for office uses to a maximum of 50 dBA CNEL. The subdivision will be required to construct a new off- site public street from College Boulevard to the site. Conditioned to pay Park-in-lieu fee prior to issuance of building Dermits. All necessary water mains, fire hydrants and appurtenances must be installed prior to occupancy of any building and all-weather access roads will be maintained throughout construction. COMPLIANCE Yes Yes Yes Yes The project has been designed to comply with the “hardline areas” shown for the Hieatt Property in Addendum I1 of the draft Carlsbad Habitat Management Plan. The areas to be preserved as open space lands will be transferred to and managed by an appropriate conservation entity with adequate endowment funds for long-term biological management. Designation of the open space preserve areas as OS is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the open space zone to designate high-priority resource areas as open space at the time of development. The amendment will provide an additional 6.41 acres of General Plan designated Open Space. E.l & E.2 Planned Industrial (P-M) and Open Space (OS) Zones The PM ordinance requires industrial subdivisions to be accompanied by an application for a Planned Industrial Permit (PIP), subject to the approval of the same decision-maker that approves the subdivision, which in this instance is the Planning Commission. A PIP for building construction is typically issued by the Planning Director. However, since the development proposal includes the three buildings as well as the subdivision, the PIP application will require approval by the Planning Commission in this instance. Most of the development standards in the P-M zone apply to the development of each individual lot. The proposed subdivision of the subject property is consistent with the P-M zone standards GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 Page 6 for industrial subdivisions, and with the City’s Subdivision and Non-residential Planned Development Ordinances as discussed in the staff report. Additionally, all industrial projects are required to comply with the following development standards of the P-M zone: STANDARD Permitted Use REQUIRED Research, Manufacturing, Service Industries, Warehousing, and Administrative and Professional Office Lot size minimum Front yard setback (local street) No standard, reasonable as to intended use (2 1.47.080) 35 feet average, with a minimum of 25 feet ~~ Interior side yard setback TOMPLIANCE 10 feet - entirely landscaped PROPOSED Office and Industrial Uses Rear yard setback Each building is on a separate lot. 20 feet to building ; Over 110’ feet from new street. Parlung requirement Office: 1 space1250 sf R&D: 1 space/250 sf Warehouse: 1 space/l,OOO sf 25% compact spaces allowed Site coverage Building height Employee eating area 300 sf per 5,000 sf of building area 10 feet to parking Over 100 feet to buildings Bldg “A” office: 132 spaces Bldg “B” office/R&D: 68 spaces Bldg “C” office/R&D: 114 spaces Warehouse: 6 spaces Required: 320 spaces 50% of gross lot area 35 feet/three levels Allowed protrusions up to 45’ Building “A”: 1,968 sf Building “B”: 1,020 sf Building “C”: 2,064 sf 60 feet to building 15 feet landscaped 320 spaces provided 22% compact (71 spaces) 1 1.2% of gross lot area Building “A”: 32’; two-story (with parapet to 36’) Building “B”: 25.5’; two-story Building “C”: 25.5’; one-story ~~ Building “A”: 1,400 sf outside Building “B”: 1,020 sf outside Building “C”: 2,064 sf outside 568 sf inside The required open space preserve area is contained within the open space lots. This area will be rezoned as Open Space as discussed in Section B of the staff report. No development will occur in the open space lots. F. Non-Residential Planned Development The intent and purpose of the Non-Residential Planned Development regulations are to: 1. Ensure projects develop in accordance with the General Plan and applicable specific plans; GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06A’UD 03-02A’IP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1 , 2004 2. 3. Provide for non-residential projects which are compatible with surrounding development; and Provide a method to approve separate ownership of planned development lots. The proposal to create individual ownership lots which do not have direct access from a publicly dedicated street necessitates that a Non-Residential Planned Unit Development permit be processed to supplement the proposed Tentative Map (CT 04-06). The three building envelope lots (Lots 1, 2 and 3) would share common driveway access and parking areas which would be located on Lot 5. Lots 4 and 6 would contain the open space preserve areas and Lot 7 would contain a detention basin that will be commonly maintained by the owners association. The project complies with the General Plan and zoning development standards as addressed in the discussion above. The subdivision, by nature of the officehdustrial and open space uses, will not be detrimental to the health, safety or welfare of the surrounding occupants of the area and the officehdustrial use is similar to the adjacent uses. No modifications to the development standards are required to protect public health, safety, and general welfare. There are no size nor configuration standards for non-residential planned development lots beyond those imposed as a part of the permit, except that they shall be reasonable as to the intended use and relation to the project. Individual lots are being created to accommodate individual buildings and are related to the size of the buildings. The open space lots will encompass the required open space preserve area. G. Subdivision Ordinance The Engineering Department has reviewed the proposed tentative map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. The project will be required to construct a new off-site public road from College Boulevard in order to provide access to the site and to serve portions of the future Carlsbad Municipal Golf Course. Infrastructure improvements (sewer, water, drainage, etc.) will also need to be extended to the site. Public road rights-of-way are being offered for dedication for the proposed public street. General utility and access easements and waterheclaimed water easements will be dedicated with recordation of the final map. The project has been conditioned to pay park-in-lieu fees to satisfy the Recreation Element of the General Plan. H. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) The project site is located between the 60 and 70 CNEL noise level contour and within the Flight Activity Zone and Airport Influence Area identified in the McClellan-Palomar Airport CLUP. The office/industrial development is considered to be a low-intensity development which does not involve assemblages of large groups of people, and therefore the use is allowable in the Flight Activity Zone. The proposed buildings were evaluated with regard to the FAA building height limit. Building “C” is the only building affected by the height restriction and it has been designed to be consistent with the height limitations set forth by FAR Part 77. Additionally, the landscape plan indicates that low-growing trees will be located within the FAA building height GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 Page 8 limit area. The development proposal was submitted for review by the San Diego Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for the County of San Diego. The ALUC determined that the proposal was conditionally consistent with the Airport CLUP. The ALUC conditions of approval require that any building containing office uses must be attenuated to have interior noise levels no greater than 50 dBA. This condition is consistent with the City’s recommended mitigation measures for noise impacts. The project has been conditioned to comply with the ALUC conditions of approval. I. Hillside Development Regulations The site has a grade elevation change greater than 15 feet and slopes greater than 15% and therefore requires a Hillside Development Permit. Hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. Undevelopable areas of the project, i.e., slopes over 40%, have been properly identified and are within proposed open space Lot 4. The site contains “dual criteria” slopes, which are defined as slopes greater than 25% possessing endangered species and/or coastal sage scrub and chaparral plant communities within the coastal zone. None of the dual criteria slopes will be impacted by the development proposal. The portion of the site proposed for development contains slopes with a gradient of 15% or less. This slope area is considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay Zone. The development complies with the hillside ordinance and guidelines by: grading within the acceptable quantity range with 2,206 cu. yds/acre; no slopes over 40 feet are being created as a result of the grading scheme; the buildings observe the required slope edge building setback from top of slope, and all manufactured slopes will be landscaped in accordance with the City’s Landscape Guidelines Manual. J. Mello I1 Segment and the Coastal Resource Protection Overlay Zone The site is located within the Mello I1 Segment of the City’s adopted Local Coastal Program and is within the California Coastal Commission jurisdiction appeal area due to the location of wetlands (vernal pools) on the subject site. The development is also subject to the Coastal Resource Protection Overlay Zone. The policies of the Mello I1 segment emphasize preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the LCP policies as follows: a) no agricultural lands exist on the project site, therefore no impacts to such will occur; b) the site is geologically stable and the proposed grading for the site has been limited to the area necessary to develop the site; c) the project has been designed to reduce the amount of rundff through the use of vegetated detention basins and surface drains and has been conditioned to implement the National Pollutant Discharge Elimination System (NPDES) standards to ensure the quality of the water leaving the site; d) the project does not preclude any recreational opportunities or shoreline access as the property is located over two miles from the coastline; e) the development does not obstruct views of the coastline as seen from public lands or public right-of-way. The site does contain GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03-O6/HDP 03-02 - PALOMAR POINTE September 1,2004 environmentally sensitive habitats which include Diegan Coastal Sage Scrub, Southern Maritime Chaparral and San Diego Mesa Claypan Vernal Pools. The project would result in impacts to sensitive vegetation communities and sensitive wildlife species, as discussed in greater detail in the attached Mitigated Negative Declaration. Mitigation measures, as outlined in the attached Mitigation Monitoring and Reporting Program, are incorporated to reduce these impacts to a less than significant level through a combination of on- site preservation of habitat, off-site habitat creation or restoration, and purchase of off-site mitigation credits to ensure compliance with the “No Net Loss” policies in the Coastal Zone. No impacts to vernal pool areas will occur since these areas will be avoided and adequate buffers will be provided as agreed to by the applicant, City, Wildlife agencies, and California Coastal Commission. Impacts to coastal California gnatcatcher will be avoided by removing Diegan Coastal Sage Scrub during the non-breeding season. Discussion regarding the project’s compliance with the City’s General Plan and Zoning is found in a previous section of this staff report. Discussion of the project’s compliance with the applicable LCP overlay zone follows: Coastal Resource Protection Overlay Zone The Coastal Resource Protection Overlay Zone identifies five areas of protection. They are 1) steep slopes and vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; and, 5) floodplain development. The project’s compliance with these areas of concern are discussed below: 1. Slopes greater than 25% possessing endangered species and/or coastal sage scrub and chaparral plant communities are protected in the coastal zone. If application of the policy precludes any reasonable use of the property, then up to a 10% encroachment may be permitted. The site contains “dual criteria” slopes which are classified as slopes with an inclination of 25% or greater and containing sensitive habitat (Southern Maritime Chaparral and Diegan Coastal Sage Scrub). However, the project proposes preservation of all of these “dual criteria” slopes within a deed restricted open space lot. Forty eight percent of the entire property, or 6.41 acres, will be preserved as dedicated open space and will be conveyed to an appropriate conservation entity together with an endowment to ensure long-term biological maintenance of these areas, consistent with the HMP. The Diegan Coastal Sage Scrub and Southern Maritime Chaparral that will be impacted will be mitigated by a combination of off-site creation or restoration and purchase of mitigation credits, consistent with the City of Carlsbad draft Habitat Management Plan. 2. Special erosion control measures must be included as conditions of approval. These “special” measures are standard measures required by the City’s Grading Ordinance and are included as conditions of approval. As designed and conditioned, the proposed project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased run off and soil erosion. A restriction has GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02PIP 03-02/CDP 03-O6/HDP 03-02 - PALOMAR POINTE September 1,2004 Page 10 STANDARDS Citv Administration been adopted in the Mello I1 Segment restricting grading between October 1 and April 1 of each year. All graded areas must also be landscaped for erosion control prior to October 1 of each year. The exception is if nesting gnatcatchers are present onsite, then grading may typically not occur from February 15 through September 1. Since gnatcatchers have been identified on site, it is recommended that grading should be permitted to extend into the winter months if proper erosion control has been provided and if the areas proposed for grading are determined by the City Engineer to be of low risk of erosion. IMPACTS COMPLIANCE N/A Yes 3. The geotechnical investigation prepared by NorCal Engineering indicated that the site is located on competent bedrock and stated that the sandstone is massive and major slope failures are unlikely. Library Waste Water Treatment 4. The Geotechinical Report prepared by NorCal Engineering dated November 5, 2001, states that the potential for liquefaction is considered to be very low due to the near surface bedrock conditions at the subject site. N/A Yes 39 EDU Yes 5. No part of the site is within the 100 year floodplain. Parks Drainage Circulation K. Growth Management (LFMP Zone 5) NIA (Impact fee of $.40/sf paid Yes concurrently with building permit) Basin B Yes 1.700 ADT Yes The proposed project is located within Local Facilities Management Zone 5 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table C below. Fire Open Space Schools TABLE C - GROWTH MANAGEMENT COMPLIANCE Station No.5 Yes 6.41 acres preserved Yes Payment of non-residential school Yes fee at building Dermit issuance Sewer Collection System Water 39 EDU Yes 8.580 GPD Yes The project is 97,405 square feet under the Growth Management projection of 181,645 square feet anticipated for this site in the Zone 5 LFMP. GPA 04-08/ZC 04-03LCPA 04-07/CT 04-06PUD 03-02PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The initial study for the project concluded that potentially significant impacts could result in the areas of noise, cultural and paleontological resources, and biological resources. The project will result in the disturbance of 6.41 acres of Diegan Coastal Sage Scrub and 0.82 acres of Southern Maritime Chaparral. Mitigation for these impacts is required and consists of on-site preservation of habitat, off-site habitat creation or restoration, and purchase of off-site mitigation credits to ensure compliance with the “No Net Loss” policy. No impacts to vernal pool areas will occur since these areas will be avoided and adequate buffers will be provided as agreed to by the applicant, City, Wildlife agencies, and California Coastal Commission. Impacts to coastal California gnatcatcher will be avoided by removing Diegan Coastal Sage Scrub during the non-breeding season. The developer has agreed to the mitigation measures outlined in the attached Mitigation Monitoring and Reporting Program to reduce the identified impacts to below a level of significance in accordance with CEQA. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration was published in the newspaper and sent to the State Clearinghouse for public agency review. Comments were received from CalTrans during the 30-day public review and comment period from July 12, 2004 to August 12, 2004. The letter and staff‘s response is included as a part of Attachment 1. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Planning Commission Resolution No. 5709 (Mit.Neg.Dec.) Planning Commission Resolution No. 57 10 (GPA) Planning Commission Resolution No. 57 11 (ZC) Planning Commission Resolution No. 57 12 (LCPA) Planning Commission Resolution No. 57 13 (CT) Planning Commission Resolution No. 57 ~~(PuD) Planning Commission Resolution No. 57 15 (PIP) Planning Commission Resolution No. 57 16 (CDP) Planning Commission Resolution No. 57 17 (HDP) Location Map Background Data Sheet Loc a1 Facilities Impact Assessment Form Disclosure Statement Reduced Exhibits Exhibits “A” - “N” dated September 1, 2004 ' STATE OF CALIFORNIA-BUSINESS. TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 P. 0. BOX 85406, MS 50 SAN DIEGO, CA 92186-5406 PHONE (619) 688-6954 FAX (619) 688-4299 7TY (619) 688-6670 Flex your power! Be energy eflcientl August 5,2004 1 1 -SD-005 PM 47.03 (KP 75.7) SCH 2004071 057 Ms. Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Ms. Kennedy: The California Department of Transportation (Department) appreciates the opportunity to review the Draft Mitiqated Neqative Declaration for the proposed Palomar Pointe, located east of Interstate 5 (1-5) and north of Palomar Airport Road. The project is estimated to generate 1,700 ADT. We have the following comments related to the Traffic Impact Analysis prepared by Linscott Law & Greenspan Engineers dated March 18,2003: Page 12, section 4.1.1 Study Area Intersections, states that an intersection is to be analyzed if the project adds 50 or more project trips through the intersection in the AM or PM peak hour. Page 19, Fiqure 6 - Regional Trip Distribution shows assumed regional traffic distribution of 30% on Palomar Airport Road (west of College Blvd). Paqe 20, Fiqure 7 - Project Traffic Volumes AM/PM Peak Hours & ADT shows 64 trips and 53 trips for the AM and PM peak hour, respectively, distributed to Palomar Airport Road (west of College Blvd). However, on Page 11, in section 4.1 Study Area, Palomar Airport Road at Interstate 5 (1-5) is not identified as included in the study. Please submit a focused traffic analysis for the I-5/Palomar Airport Road intersection in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies (TIS), dated January 2001 and include cumulative impacts from proposed projects such as Pacifica Carlsbad and Carlsbad Ranch Resort as well as intersection analysis for Year 2020 (Buildout). Analysis of all State-owned facilities/intersections shall be done using Intersecting Lane Vehicle (ILV) procedure as per the 2001 Highway Design Manual (HDM), Section 406, page 400-21. 98 "Caltrans improves mobility across California" Ms. Barbara Kennedy August 5,2004 Page 2 Cumulative impacts of a project, together with other related projects, must be considered when determining the project’s impacts. A cumulative impact is the sum of the impacts of existing, other projects, and the project itself, no matter how small the contribution is from the project itself. There is no minimum size limitation on projects that may be required to mitigate for cumulative impacts if the project contributes to the problem in any amount. 7 0 Caltrans supports the concept of “fair share” contributions on the part of the developer towards potential improvements to Interstate 5 that could include: Widening the southbound ramps (off ramp and on ramp) at Palomar Airport Road; Constructing an auxiliary lane northbound between Palomar Airport Road and Cannon Road; Traffic channelization over the existing bridge structure at Palomar Airport Road; Widening of the 1-5 Corridor with High Occupancy Vehicles (H0V)’lanes. If you should have any questions related to the TIS please contact Julie Carlin at 858-467- 2374. Close coordination with the Department is encouraged. If you have any other project-related questions, please contact Vann Hurst, Development Review Branch, at 61 9-688-6976. ,/ Development Review Branch C: JCarlin (MS 55) BFigge (MS 50) EGojuangco (MS 55) VHurst (MS 50) Palomar Pointe UCaltrans improves mobility across California” August 24,2004 Mario H. Orso, Chief Development Review Branch Department of Transportation District 11 P.O. Box 85406, MS 50 San Diego, CA 92 186-5406 RE: PALOMAR POINTE - GPA 04-0WZC 04-03LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 Dear Mr. Orso: Thank you for your comments dated August 5, 2004 on the Palomar Pointe Mitigated Negative Declaration. The project is located southeast of College Boulevard, southwest of Aston Avenue, and north of the Mc Clellan-Palomar Airport in the City of Carlsbad. Following are City’s responses to your comments: Responses # 1-4: Comments 1-4 all deal with the fact that the I-5Palomar Airport Road interchange was not analyzed. While it is true that the project adds 53 westbound trips and 64 eastbound trips on Palomar Airport Road just west of College Boulevard, some of these trips would utilize Hidden Valley Road, Armada Road, and Paseo Del Norte before reaching 1-5, thereby adding less than 50 peak hour trips to 1-5. Therefore, an analysis of the interchange was not warranted. Responses # 5-6: Based on the discussion in the above response, an analysis of the I-YPalomar Airport Road interchange was not warranted. Response # 7: The City of Carlsbad has cooperatively worked as a partner with Caltrans to design/build and fund the following 1-5 freeway interchange projects within the past 10 years. I-5/La Costa Avenue Interchange; I-YPoinsettia Lane Interchange; 1635 Faraday Avenue * Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 10 0 0 I-Spalomar Airport Road Interchange, a full interchange project which included widening the southbound off and on-ramps, and constructing auxiliary lanes between Palomar Airport Road and Cannon Road; 0 I-YCannon Road Interchange, a project that was completed in March 1999, and was designed to accommodate all cumulative traffic from the hture build out of Carlsbad. With those projects, the City of Carlsbad has provided freeway improvements designed to accommodate the build out of the City: These projects were partially funded by traffic fees paid by developers as well as other city generated funds. The City of Carlsbad has paid its fair share towards freeway improvements in the past. The City currently has no other freeway related projects in its Capital Improvement Program, and therefore would not have the ability to collect additional “fair share” contributions from developers beyond our currently established Traffic Impact Fee Program. Please note that while the City may agree with your suggestion that new projects should pay their fair share contribution towards freeway improvements, at this time neither the City nor Caltrans has an adopted fee program or studies to quantify the amount each developer would need to pay as their fair share. If in the future, Caltrans conducts such studies to establish a fee program to pay towards freeway improvements, the City might be supportive of such a program. Exactions imposed on developments need to be reasonably related to the project and the extent and the degree of the exaction should be in rough proportionality to the impact caused by the project. At this time, since there is no adopted fee program, the City cannot establish a nexus between the proposed development and contribution towards freeway improvements and cannot reasonable exact such a “fair share” contribution. If you have any additional comments or questions, please contact me at (760) 602-4626. Sincerely, Barbara Kennedy, AICP Associate Planner Attachment BACKGROUND DATA SHEET CASE NO: GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-O2/CDP 03-06/HDP 03-02 CASE NAME: PALOMAR POINTE APPLICANT: T. Lawrence Jett REQUEST AND LOCATION: Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Local Coastal Promam Amendment. Tentative Tract Map, Non-residential Planned Unit Development Permit, Planned Industrial Permit, Hillside Development Permit and Coastal Development Permit for the subdivision of 13.45 acres of land into three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, and two open space lots, and including the construction of three office/industrial buildings on property generally located southeast of College Boulevard, southwest of Aston Avenue, and north of McClellan-Palomar Aimort on propertv located in the P-M zone in Local Facilities Management Zone 5. LEGAL DESCRIPTION: That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896. APN: 212-120-33 Acres: 13.47 acres ProposedNo. of Lots/Units: 7 lots, 3 buildings GENERAL PLAN AND ZONING Land Use Designation: PI Density Allowed: N/A Existing Zone: P-M Surrounding Zoning, General Plan and Land Use: Proposed Land Use Designation: PI & OS Density Proposed: N/A Proposed Zone: P-M & OS Zoning General Plan Site P-M PI North P-M PI South M G East P-M PI West P-M PI Current Land Use Vacant Office/Industrial McClellan-Palomar Airport 0 ffi c e/Indu s trial Future Municipal Golf Course (vacant) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 39 ENVIRONMENTAL IMPACT ASSESSMENT 0 Mitigated Negative Declaration, issued September 1, 2004 Certified Environmental Impact Report, dated Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: PALOMAR POINTE - GPA 04-08/ZC 04-03/LCPA 04-07/CT 04- 06/PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI (proposed: PI & OS) ZONING: P-M (proposed: P-M and OS) DEVELOPER’S NAME: T. Lawrence Jett ADDRESS: 181 5 Aston Avenue Carlsbad, CA 92008 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 13.47 acres 7 lots, 3 PHONE NO.: (760) 476-1808 ASSESSOR’S PARCEL NO.: 212-120-33 ESTIMATED COMPLETION DATE: The project is 97,405 square feet under the Growth management projection of 181,645 square feet anticipated for this site in the Zone 5 LFMP. A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = N/A Library: Demand in Square Footage = N/A Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Impact fee of $.40/sf Drainage: Demand in CFS = 39 EDU Identify Drainage Basin = B (Identify master plan facilities on site plan) Circulation: Demand in ADT = 1,700 ADT (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = No. 5 Open Space: Acreage Provided = 6.5 acres preserved Schools: (Demands to be determined by staff) Sewer: Demands in EDU 39 EDU N/A - Pavment of Non-residential school fee at building permit issuance Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 8,580 GPD to 3 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications ivhxh will require discretionary action on the pan of the City Council or any appointed Board. Commission or Cornminee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. e. Note: Person is defined as “Any individual, firm, co-part~e~hip, joint venture, association, social club. fraternal organization, corporation, estate, nust receiver, syndicate. in this and any other county. city and couny. city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign ths document; however, the legal 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 uarmershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a pubiiclv-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ‘3~lm1, J+ 6fAmw CorpPart INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Title Title Address Address e. 1 OWNER (Not the owner’s agent) Provlde 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 cornoration or uartnershiu, 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 cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) &Hi/ Person T~WWM=C J~TT Corp/Pan +eAc 8 +%+t JqldN Ybqzo Title- Title Address/%( b wJ na Address 609 ST ,to6 hd.Jh* ($cac.c 90266 1635 Faraday Avenue * Carlsbad, CA 92008-7314 * (760) 602-4600 * FAX (760) 602-8559 @ /Otc =,, -* 3. r *I 4. NOK-PROFIT 0 OR TRCST 0 If any person identified pursuant to t 1) or (2) above is 2 nonurofit oreanlzarlon or 3 mst. 11st rhc- names and addresses of kl‘y person senring as an officer or director of the non-protir organization or as trustee or beneficiary of the. Non Profiflmst Non ProfitTmst Title Title Address Address Have you had more than $250 worth of business transacted with any member of Cic staff. Committees and/or Council within the past twelve (12) months? No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. that all the above information is true and correct to the best of my knowledge. Im A Signature of applicantldate Print or type name of owner Pnnt or type name of applicant Signature of owner/applicaht’s agmt if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 load Page 2 of 2 (z 0 a I- + I I1 II II It II II lb b lo 8 I //8 Planning Commission Minutes EXHIBIT 6 DRAFT page8 September 1,2004 4. GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02lCDP 03-061HDP 03- 02 - PALOMAR POINTE - Request for a recommendation of approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, and Local Coastal Program Amendment, and to approve a Tentative Tract Map, Non-residential Planned Unit Development Permit, Planned Industrial Permit, Coastal Development Permit and Hillside Development Permit for the subdivision of 13.47 acres of land into three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, and two open space lots, and including the construction of three office/industrial buildings on property generally located southeast of College Boulevard, southwest of Aston Avenue, and north of McClellan- Palomar Airport on property located in the P-M zone in Local Facilities Management Zone 5. Mr. Neu introduced Item 4 and stated Associate Planner Barbara Kennedy would make the staff presentation. Chairperson Whitton opened the public hearing on Item 4. Mrs. Kennedy stated the applicant is requesting approval for the development of three office-industrial buildings on a 13.47-acre site. The lot would also be subdivided to allow individual ownership of the buildings. The site is located southeast of College Boulevard, southwest of Aston Avenue, north of the McClellan-Palomar Airport, and west of the future City Golf Course. The site is covered with native habitat and three sensitive vegetation communities were identified on site. These are Diegan Coastal Sage Scrub, Southern Maritime Chaparral, and vernal pools. The site is identified in the City’s Habitat Management Plan as a hardline area, and the project has been designed so that all of the vernal pools will be protected and the hardline area will be preserved as open space. Currently, the site is zoned P-M (Planned Industrial) with a General Plan Designation of PI (Planned Industrial) which allows for the proposed office-industrial development. The City’s Habitat Management Plan requires that one of the actions necessary for this project is to re- designate high-priority resource areas as open space, concurrent with development. This requires a General Plan Amendment and a Zone Change. Because the site is located within the Mello II Coastal Zone, a Local Coastal Program Amendment is required to change the Coastal Land Use and Zone Maps. The new OS designations will encompass the open space lots. This will result in over 6.4 additional acres of General Plan designated open space. The Planning Commission’s action on the GPA, ZC and LCPA applications will be a recommendation to the City Council. A new public road will be constructed from College Boulevard to the site. This road will also be used to access the golf course property which is west of this site. The development area is limited to the flatter areas and avoids the vernal pools and their watersheds which are shown as the bright green circles. The location of the three buildings and the joint parking facilities was shown on the site plan. This site is adjacent to the airport and is located in the Flight Activity Zone. The design and use of the buildings were reviewed for compliance with the height limitations and allowable uses set forth by the Airport Land Use Plan and the project was reviewed by the Airport Land Use Commission as well. The officelindustrial uses were found to be conditionally compatible and any building containing an office use must have interior noise levels attenuated to 50 dBA or less. The exterior of the buildings are two-tone painted concrete with metal accent panels and evergreen-glass windows. The development proposal was analyzed for consistency with applicable polices and regulations. The use is allowed by both the General Plan and Zoning Ordinance and the proposed GPA, ZC and LCP Amendments to designate the habitat areas as Open Space are required for consistency with the HMP. The project complies with all of the requirements of the Subdivision Ordinance and all necessary road and infrastructure improvements will be provided. The project also complies with the requirements of the Non-residential Planned Development ordinance. The project is consistent with the McClellan-Palomar Airport Comprehensive Land Use Plan and it is conditioned to comply the Airport Land Use Commission’s 9 Planning Commission Minutes September 1,2004 Page 9 approval as well. The project requires a Planned Industrial Permit for both the subdivision and the building design. The proposal was reviewed for consistency with the development standards such as parking, setbacks, building height and employee eating areas, and was found to comply with all of the required standards. A Hillside Development Permit is required and the project does not impact any of the “dual criteria” slopes which are those mapped as containing both sensitive species and slopes over 25%. Development is limited to the flatter portions of the site and the grading quantities are within the acceptable ranges. The site is also located in the Mello II LCP and is in compliance with the Coastal Resource Protection Zone policies as outlined in the staff report. The project is subject to the growth management requirements of Zone 5 and is in compliance with the 11 Public Facility Performance Standards. Environmental review for the project was conducted pursuant to CEQA, and a Mitigated Negative Declaration has been prepared. There were four areas of impacts that were identified for the project and mitigation measures have been included to reduce these impacts to less than significant. Comment letters were received from CalTrans and staffs response is included in the staff report. The City also received a joint letter from the wildlife agencies. Staff has prepared a response and an errata for the Mitigated Negative Declaration adding some additional mitigation requirements. The errata also contains a small change to condition # 16c of Resolution 571 3. Mrs. Kennedy concluded her presentation and stated she would be available to answer any questions. Chairperson Whitton asked if there were any questions of staff. Commissioner Montgomery asked if the project had been reviewed and approved by the local Airport Land Use Commission. Mrs. Kennedy stated the project was reviewed and approved by the Airport Land Use Commission. Commissioner Montgomery asked why the new access road is not a true cul-de-sac versus an entrance into a driveway. Bob Wojcik, Deputy City Engineer - Development Services, stated the design is due to the sensitive habitat in the area. Commissioner Dominguez asked if the wildlife agencies are in agreement with the development proposal. Mrs. Kennedy stated the project has been developed in accordance with the draft HMP and the hardline preserve areas will be maintained as open space. The development does not encroach into those areas. Commissioner Cardosa asked about expanding and enhancing the basin of the easternmost vernal pool and if it is outside the parcel boundaries. Mrs. Kennedy stated that the vernal pool is already preserved and that open space was expanded to include the vernal poll watershed. Chairperson Whitton asked the applicant if he wished to make a presentation. Larry Jett, 181 5 Aston Avenue, Carlsbad, gave a brief presentation. Chairperson Whitton asked if there were and further questions of the applicant or if anyone in the public wished to speak on the item. Seeing none, he opened and closed the public testimony on the item. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5709 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and adopt Planning Commission Resolutions No. 571 0, 571 1, and 5712 recommending approval of GPA 04-08, ZC 04-03, and LCPA 04- 07, and adopt Planning Commission Resolutions No. 5713, 5714, 5715, 5716 and 5717 approving CT 04-06, PUD 03-02, PIP 03-02, CDP 03-06 and HDP 03- 02 including the errata sheet, based on the findings and subject to the conditions contained therein. DISCUSSION Chairperson Whitton, Commissioners Segall, Montgomery, Cardosa, Dominguez, Heineman, and Baker all stated their support of the project. Planning Commission Minutes September 1,2004 Page 10 VOTE: 7-0 AYES: NOES: None Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Segall NOTICE OF PUBLIC HEARING COMPLETE DATE: July 8,2004 DESCRIPTION: Request for a recommendation of approval of a Mitigated Negative Declaration and Addendum, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, and Local Coastal Program Amendment, for the subdivision of 13.47 acres of land into three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, and two open space lots, and including the construction of three oficefindustrial buildings. This project is within the City of Carlsbad's Coastal Zone located southeast of College Boulevard, southwest of Aston Avenue, and north of McClellan-Palomar Airport on property located in the P-M zone in Local Facilities Management Zone 5. LOCATION: ASSESSOR'S PARCEL NUMBER: APPLICANT: 21 2-1 20-33 Smith Consulting Architects 12220 El Camino Real, Ste 200 SanDiego CA 92130 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on October 19, 2004 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after October 15, 2004. If you have any questions, or would like to be notified of the decision, please contact Barbara Kennedy at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4626. APPEALS The time within which you may judicially challenge this Mitigated Negative Declaration and Addendum, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, andlor Local Coastal Program Amendment, if approved, is established by state law andlor city ordinance, and is very short. If you challenge the Mitigated Negative Declaration and Addendum, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change andlor Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, prior to the public hearing. Coastal Commission Appealable Project: This sit is located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (IO) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921 08-4402. CASE FILE: GPA 04-08EC 04-03lLCPA 04-07lCT 04-06lPUD 03-02/PIP 03-02lCDP 03-06lHDP 03-02 CASE NAME: PALOMAR POINTE PUBLISH: October 8,2004 \ PALOMAR POINTE GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/ PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 PROOF’ OF PUBLICATION (2010 4% 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October OSfh, 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 8th Day of October, 2004 This space is for the County Clerk’s Filing Stamp Proof of Publication of That portion of Lot F of the Rancho A ua Hedion- da in the Cit of Carlsbad County ohan Diego, Sthe of Cadrnia according to map thereof no. Sa; Diego, November 16,1896 823 filed in the Office of the County Recorder bara Kenne& in the Plannlng Department at Those persons wishlng to speak on thls pro OSal are cordially invited to attend the ublic hearin eo les Of the a enda bill will be avalla&le on and a%er dtober 15, 2804 If ou have any questions, please call Bar- I- 602-4626 I CASE FILE: GPA 04 -08/ZC 04-03iLCPA 04-07 CASE NAME:PALOMAR POlNTE CITY OF CARLSBAD #CITY COUNCIL Signature Jane Olson NORTH COUNTY TIMES Legal Advertising Smooth Feed SheetsTM CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 VISTA CA 92085 CITY OF VISTA PO BOX 1988 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE STE 100 SAN DIEGO CA 92123 9174 SKY PARK CT REGIONAL WATER QUALITY SAN DIEGO CA 92123-4340 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DlST 91 50 CHESAPEAKE DR SAN DIEGO CA 92123 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 7575 METROPOLITAN DR CA COASTAL COMMISSION STE 103 SAN DIEGO CA 92108-4402 CITY OF CARLSBAD RECREATION ADMIN Use template for 516@ CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SANDIEGO CA 92123 SANDAG STE 800 401 BSTREET SAN DIEGO CA 92101 I .P.U.A. 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REGION Smooth Feed Sheet+ U S FISH &WILDLIFE SERVICE 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825-1 888 USDA - RURAL DEVELOPMENT DEPT 41 69 430 "G" ST DAVIS CA 95616 CITY OF ENClNlTAS COMDEV DEPT 505 S VULCAN AV ENClNlTAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 IST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 CYRIUMARY GIBSON 12142 ARGYLE DR LOS ALAMITOS CA 90702 Use template for 5163@ U S ARMY CORPS OF ENGINEERS LILY ALYEA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATERRESOURCESCONTROLBD PO BOX 100 SACRAMENTO CA 95801 TABATA FARMS PO BOX 1338 CARLSBAD CA 9201 8-1 338 LESLIE ESPOSITO 1893 AMELFI DR ENClNlTAS CA 92024 LAKESHORE GARDENS TOM BENSON 7201 AVENIDA ENCINAS CARLSBAD CA 92009 Smooth Feed SheetsTM LANIKAI LANE PARK SHARP SPACE3 6550 PONTO DRIVE CARLSBAD CA 92008 SAN DIEGO GAS & ELECTRIC BEVERLY BLESSANT 8315 CENTURY PARK CT SAN DIEGO CA 92123- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE 8-5 FLOYD ASHBY P 0 BOX 232580 ENClNlTAS CA 92023-2580 AVERY'@ Shipping Labels Use template for 5163@ JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 COASTAL CONSERVANCY RICHARD RETECKI STE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 Laser 51630 Smooth Feed Sheets’M GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 “B” STREET SAN DIEGO CA 92101 BAT1 Q U ITOS LAGOON FO UNDATl ON JOHN BURNS P 0 BOX 130491 CARLSBAD CA 92009- Use template for 5163@ CALIFORNIA RESOURCES AGENCIES STE 1311 1416 9TH ST SACRAMENTO CA 95814 LENNAR HOMES CLEMENS LARRY STE 300 1525 FARADAY AV CARLSBAD CA 92008-73 19 Palomar PointeGPA 04-08/ZC 04-03/LCPA 04-07 Location MapCOLLEGEBLVDASTONAVEPASTEURCTFARADAYAVERUTHERFORD RDDARWIN C T FARNSWORTH CTVAN ALLEN WYMCCLELLAN-PALOMAR AIRPORTSITE Planning Commission Action Approval of:•Subdivision Map (CT 04-06)•Non-Residential PUD (PUD 03-02)•Planned Industrial Permit (PIP 03-02)•Coastal Development Permit (CDP 03-06)•Hillside Development Permit (HDP 03-02) Recommend Approval Of:•Mitigated Negative Declaration•General Plan Amendment (GPA 04-08)•Zone Change (ZC 04-03)•Local Coastal Program Amendment (LCPA 04-07) General Plan Amendment/Zone Change/LCPA•Zone: P-M (Planned Industrial)•General Plan: PI (Planned Industrial)•Re-designate high-priority resource areas as open space•LCPA required to change the LCP Land Use and Zoning maps COLLEGEBLVDASTONAVEPASTEURCTFARADAYAVERUTHERFORD RDDARWIN C T FARNSWORTH CTVAN ALLEN WYMCCLELLAN-PALOMAR AIRPORTSITEOSP-M(PI)OS Findings•Use is allowed by the General Plan and Zoning Ordinance•GPA, ZCA and LCPA amendments:–Will designate habitat areas as Open Space–Are required actions for consistency with the HMP•Project complies with the General Plan–Zone Change and LCPA are required for consistency with the General Plan Environmental Review•Mitigated Negative Declaration•Impacts:–Cultural resources–Paleontological resources–Noise impacts–Impacts to sensitive biological resources•Mitigation Plan reduces impacts to less than significant Recommendation•Approve the Mitigated Negative Declaration•Approve GPA 04-08, ZC 04-03 and LCPA 04-07